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Home My WebLink AboutResolution No. 2016-091CITY OF THE COLONY, TEXAS RESOLUTION NO. 2016- 09 1 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A SETTLEMENT AND RELEASE AGREEMENT BY AND BETWEEN ONCOR ELECTRIC DELIVERY AND THE CITY OF THE COLONY TO RESOLVE PERFORMANCE AND INVENTORY DISCREPANCIES WITHIN THE CITY'S STREET LIGHTING NETWORK; THAT THE AGREEMENT IS ATTACHED HERETO AS EXHIBITI A; THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves the Settlement and Release Agreement by and between the City of The Colony and Oncor Electric Delivery to resolve performance and inventory discrepancies. Section 2. That the Settlement and Release Agreement is incorporated herein and attached hereto as Exhibit A. Section 3. That the City Manager is authorized to execute the Settlement and Release Agreement on behalf of the City. Section 4. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 6th day of December, 2016. AT ES : Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: Attorney _ _ G J eMcCour , Mayor it, of The Colony, Te s SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement (the "Agreement") is made and entered into as of October 19, 2016 (the "Effective Date") by and between Oneor Electric Delivery Company LLC ("Oncoe) and the City of The Colony, Texas (the "City"). WHEREAS, Oncor and the City agree that Oncor and its predecessors in interest have been billing — either directly to the City prior to the start of retail competition in January 2002 or to retail electric providers serving the City since the start of retail competition in January 2002 — for providing service to unmetered street lights (the "Street Lights") for which the City is the end-use customcr; and WHEREAS, Oncor and the City agree that Oncor's billings have, for an undetermined period of time, been inaccurate with respect to the number and/or type and/or size of Street Lights for which the City is the end-use customer; and WHEREAS Oncor and the City recognize that the information is not readily available to determine the exact number, type and size of streetlights provided by Oncor during the past; and WHEREAS the overbilling of street light numbers has resulted in City paying excess charges not only for transmission and distribution service, but also for energy; and WHEREAS, Oncor and the City wish to avoid the expense of proceedings at either the Public Utility Commission of'l'exas or state district court; and WHEREAS, Oncor wishes to avoid the expense Oncor would incur if it were required to cancel/rebill prior bills or invoices to the City or to the City's retail electric provider(s). NOW, THEREFORE, in order to fully and finally resolve all disputes and claims arising out of or related to the billings by Oncor, Oncor's predecessors in interest, the City's retail electric providers, and the affiliated companies of each, for electricity consumed by the Street Lights, and for the mutual covenants set forth in this Agreement, the adequacy and sufficiency of which is acknowledged, Oncor and the City agree as follows: 1. PAYMENT TO THE CITY No later than 30 days after the latest signature date set below, Oncor will pay the City the sten of $20,003.94. 2. RELEASE OF ONCOR AND ITS AFFILIATES, AND OF RETAIL ELECTRIC PROVIDERS WHO PROVIDED STREET LIGHT SERVICE'I'O THE CITY The City, on behalf of itself and its successors and assigns and any and all persons, entities or municipalities claiming by, through or under them, hereby RELEASES, DISCHARGES AND ACQUITS, forever and for all purposes, Oncor, its predecessors in interest, and each of their respective agents, employees, officers, directors, shareholder;, partners, insurers, attorneys, legal representatives, successors, and assigns, as well as all affiliated companies, including TXU Energy Company LLC and its subsidiaries, as well as all retail electric providers from whom the City has taken retail electric service, for Street Iaghts from and against any and all liability which they now have, have had, or may have, and all past, present and future actions, causes of action, claims, demands, damages, costs, expenses, compensation, losses, and fees of any kind or nature whatsoever, whether known or unknown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether now existing or accruing in the future, arising out of or related to the calculation, reporting, billing or invoicing of charges to the City for electric service for Street Lights through November 9, 2015. 3. AGREEMENT AS TO ACCURACY OF CURRENT STREET LIGHT BILKING INFORMATION City docs not dispute and agrees not to dispute that the current Street I.,igrht billing information being used by Oncor for the City's Street Lights, including but not limited to the number, types and sires of Street lights, as detailed on Attachment A, is accurate as of November 9, 2015. 4. WARRANTY AS TO AUTHORITY Oncor and the City each warrant that the person executing this Agreement on their behalf has the authority to bind the entity for whom such person signs this Agreement. 5. MISCELLANEOUS PROVISIONS A. The parties acknowledge and agree that the terms of this Agreement are all contractual and not mere recitals. 13. The parties acknowledge that they have read this Agreement in its entirety, understand its terms, and that this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal significance. t. This Agreement may no: be modified in any manner, nor may any rights provided for herein be waived, except in an instrument in writing signed by cacti party. 2 D. This Agreement shall be construed in accordance with the laws of the State of Texas. E. This Agreement, and any amendment hereto, may be executed in one or more counterparts. All of such counterparts shall constitute one and the same agreement. The parties expressly agree that any counterparts signed and delivered by electronic copy or facsimile shall be deemed original document and shall legally bind the parties to the same extent as originals. IN WITNESS THEREOF. each party, by its duly authorized representative, has executed this Agreement as of the applicable date set forth below, and by such execution, giving the Agreement full force and effect as of the Effective Date. ONCOR ELECTRIC DELIVERY COMPANY LLC By: Its: Vice President STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the Ik t y of , 201 , b,A (14 of Oncor Flectric Delivery Company LLC, on behalf of said entity. TERI SMART i Notary Public, Stag of Texas ..; Comm. Expires 11-13-2020 Notary ID 514088-5 A Notary Public, State of exas 3 STATE OF TEXAS COUNTY OF L THE CITY OF ~Clue W LCA rly , TEXAS U By. Its, 1 1 1'�A' G{ r _ This instrument was acknowledged before me on the ay of'becerv\6er 201(, by— �'U e-� , on behalf of the City of yYIG Oc4bl)� , Texas. TINA STEWART + vVl, MY COMMISSION EXPIRES -4Z:110Ee61wry14,2019 Notary Public, State of'Teaas 4 ATTACHMENT A CITY OF THE COLONY STREET LIGHTING BILLING TABLE AS OF NOVEMBER 9, 2015 Account Description Count Last Run Wattage Type Schedule 6003863 THE COLONY, CITY OF (100,HP,A) 613 11/09/2015 100 HP A 9474607 THE COLONY, CITY OF (150,HP,A) 2 11/09/2015 150 HP A 8843540 THE COLONY, CITY OF (150,MH,A) 97 11/09/2015 150 MH A 7043370 THE COLONY, CITY OF (175,MH,A) 286 11/09/2015 175 MH A 4393517 THE COLONY, CITY OF (175,MV,A) 63 11/09/2015 175 MV A 4393548 THE COLONY, CITY OF (250,HP,A) 7 11/09/2015 250 HP A 7043401 THE COLONY, CITY OF (250,MH,A) 162 11/09/2015 250 MH A 5 City of The Colony- Oncor Streetlight Audit Summary 2015 *(20) lights that were either impacted by road work or under construction at the time of the field audit - WR's #3272787 and #3278729. Adds - Lights in Field Removes - Light not in Field Net Unit Settlement Extended Amount 0 100-HP,A 14 100-HP,A 14 $1,226.30 $17,168.20 1 150 MH,A 0 150 MH,A -1 $97.90 ($97.90) 0 175-MH,A 1 175-MH,A 1 1 $1,494.831 $1,494.83 0 250-HP,A 1 250-HP,A 1 $1,627.01 $1,627.01 1 16 15 $20,192.14 Wattage Correction Changes ($188.20) Oncor Audit Results - Inventory Corrections City of The Colony 2015 Lights Added to Existing Premises 0 -- 0 .. Original t6rrectj Correct 1, Unit Line # GLN City • Light -Type I Action Taken Qty I Ujht Type I Audit Time StaMP I Record Notes-Seftement 1 3957537-3714985 1 100 HP TCL AARemove 0 No Light 8/6/2015 12:54:43 REMOVED 100 HP 2 3952154-3708903 1 ° TCL brigin91 0 No Light COrr'ec#. Corrbct 3953621.3712340 1 tinTt Line# aGLiA Qty Lighty'pie 8/7/2015 9:13 49 REMOVED 100 HP Action7alcen Qty LightiType AuditTirnc3tain'p RecordNote3 ; 5et#lement. Lights Added to Existing Premises 0 -- 0 .. Original t6rrectj Correct 1, Unit Line # GLN City • Light -Type I Action Taken Qty I Ujht Type I Audit Time StaMP I Record Notes-Seftement 1 3957537-3714985 1 100 HP TCL AARemove 0 No Light 8/6/2015 12:54:43 REMOVED 100 HP 2 3952154-3708903 1 100 HP TCL AARemove 0 No Light 8/6/2015 15:43:59 REMOVED 100 HP 3 3953621.3712340 1 100 HP TCL AARemove 0 No Light 8/7/2015 9:13 49 REMOVED 100 HP 4 3953791-3710013 1 100 HP TCL AARemove 0 No Light 8/7/2015 10 16 42 REMOVED 100 HP 5 39526533704698 1 100 HP TCL AARemove 0 No Light 8/7/2015 11:02:35 REMOVED 100 HP 6 3950267 3714053 1 100 HP I TCL AARemove 0 No Light 8/10/2015 11 15 14 REMOVED 100 HP 7 3950269.3713934 1 100 HP TCL AARemove 0 No Light 8/10/2015 11.15:23 REMOVED 100 HP 8 3950426-3714057 1 100 HP TCL AARemove 0 No Light 8/10/2015 11:15:32 REMOVED 100 HP 9 3950429-3713937 1 100 HP TCL AARemove 0 No Light 8/10/2015 11:15.44 REMOVED 100 HP 30 3950586-3714061 1 100 HP TCL AARemove 0 No Light 8/10/2015 11.15.49 REMOVED 100 HP 11 3950599-3713941 1 1 100 HP TCL AARemove 0 No Light 8/10/2015 11:15 55 REMOVED 100 HP 12 3950746-3714034 1 100 HP TCL AARemove 0 1 No Light 8/10/2015 11:1605 REMOVED 100 HP 13 3950748-3713944 1 100 HP TCL AARemove 0 No Light 8/10/2015 11:16.12 REMOVED 100 HP 14 3958997-3714018 1 100 HP TCL AARemove 0 No Light 8/13/2015 7:01:21 REMOVED 100 HP 15 3960457 3708551 1 175 MH TCL AARemove 0 No Light 8/7/2015 11:17:25 REMOVED 175 MH 16 3951511-3703229 1 1 250 HP TCL AARemove 0 No Light 8/6/2015 10:58-381 REMOVED 250 HP 16 0 The Colony_lnventory Oncor Audit Results - Inventory Corrections 2015 Original t orrect ,Correct '" ' r 1ln4'. tinea }GLN p Qty Uafitxype Action7aken = jOty Uthtfvbe Audit_time Stamp Record Notes ;SettlRmerit The Colony_lnventory Oncor Audit Results - New Adds lineae t lit a toll I Location , New 1 ivhtc Added_ Nnt in RIIIinr Svctem 2015 Audit -New Adds DECORATIVE HISTORICAL FIXTURE STEEL POLE UG 5205 South Colony FEED. CENTER MEDIAN Boulevard, The Colony, TX OF S COLONY BLVD 1W 1 1 33 0843054185456 -96.8776345252991175056, USA 1 Oncor 150 -MH OF PAIGE RD. 1 8/6/20151535:09 1 Audit -New Adds