Res 1994-101 - Laserfiche WebLink

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(f.{(ff- 4. LCRA and the City agree to cooperate and plan for the implementation of peak load generation capacity. Notwithstanding such joint planning, the City shall have the right to acquire and utilize permanent peaking load capacity not to exceed ten pel cent (10%) of the City's annual peak demand requirements. For purposes of this Amendment, a peaking load unit shall be deemed to mean a generating unit which does not operate in excess of 1500 hours per annum. Except for the construction of such peaking load unite s), and the small power production facilities, cogeneration facilities and hydroelectric generating facilities described in the July 8, 1986 Letter Agreement, the City shall not, without the prior written consent of LCRA, obtain its energy requirements covered by the Agreement, as amended by the Amendment, from sources other than LCRA. 5. LCRA agrees it will not propose, initiate nor support any effort whatsoever, through legislation or any other initiative, primarily designed for LCRA to provide electric utility service to Southwest Texas State University. Further, LCRA agrees it will not provide electric utility service to Southwest Texas State University without first obtaining written approval from the City of San Marcos to provide such electric utility service. 6. LCRA hereby reaffirms the policy respecting the determination of electric rates and charges set forth in the Statement of Financial Policy issued on March 22, 1984, by the LCRA Board of Directors. Accordingly, pursuant to such Statement of Financial Policy and subject to the requirements of laws and regulations from time to time applicable to LCRA, LCRA and the City agree that, during the term of Agreement, as amended hereby, LCRA rates and charges for services to its electric customers shall, to the extent consistent with considerations relating to economic development and well being of LCRA's eiectric service area, be cost based. 7. Except as expressly provided for herein or subsequently agreed to by the parties, all terms and conditions of the Agreement, as amended, shall be and remain in full force and effect. 8. If any LCRA wholesale customer executes a wholesale power supply agreement ¡ amendment in a form other than this Amendment, or any similar agreements related to wholesale power supply in a form other than this Amendment, the City shall have the right to adopt such amendment, or such similar agreements, in place oftliis Amendment. 9. In the event that any of the terms, covenants or conditions of this Amendment, or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction in the premises, the remainder of this Amendment, and the application of its terms, covenants or conditions to such persons or circumstances shall not be affected thereby. 2