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Home My WebLink AboutOrdinance No. 03-1449 CITY OF THE COLONY, TEXAS ORDINANCE NO. 0'"~ -" } L{ l.~,C~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ONCOR FOR THE INSTALLATION OF STREETLIGHTS; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Oncor for the installation of streetlights. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage bythe City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 7th day of April 2003. APPROVED: ~--'B~rrietta Henville-Shannon, Mayor-~---~ ATTEST: Patti A. Hicks, City Secretary APPROVED AS TO FORM: City Att°m~ Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 11 of 23 Effective Date: Januar~ 1, 2002 Revision: Original 6.3.4 Discretionary Service Agreement This Discretionary Service Agreement ("Agreement") is made and entered into this 18th day of Mamh, 2003, by ONCOR ("Oncor Electric Delivery Company" or "Company"), a Texas corporation and distribution utility, and The City of TH E COLONY ("customer"), a city, each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties". In consideration of the mutual covenants set forth herein, the Parties agree es follows: 1. Discretionary Services to be Provided -- Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. [Specify below or in an attached exhibit the discretionary service(s) to be provided, the applicable rate schedule(s), the location at which discretionary service(s) will be provided, and any supplemental terms and conditions applicable to such service(s).] Reelace 20 - 100 watt HPS Post Top Luminaires on 20' Fiberqiass Standards with 20 - 100 Watt HPS Decorative Lantern Style Luminairas on 11' Texan Poles with Foundations. 2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ("PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), es it may from time to time be fixed and approved by the PUCT ("Company's Retail Delivery Tariff"). During the term of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary Service Charges -- Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Terminetlon -- This Agreement becomes effective when executed by both and continues in effect until the project is completed. Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5. No Other Obligations -- This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that it may desire from Company or any third party. 6. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enfomed in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. 7. Amendment --This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing end executed by the Parties. But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces ail prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation N/A [specify any prior agreements being superseded], and ail such agreements and undertakings are agreed by the Parties to no longer be of any fome or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: ~ - Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 11 of 23 Effective Date: Januar~ 1, 2002 Revision: Original (a) If to Company: Rick Fielding ONCOR 14400 Josey Lane Farmers Branch, Texas 75234 (b) If to Customer: Antonio Johnston The City of THE COLONY 6800 Main Street The Colony, Texas 75056 The above-listed names, titles, and addresses of either Party may be changed by wdtten notification to the other. 10. Invoicing and Payment - Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. Antonio Johnston The City of THE COLONY 6800 Main Street The Colony, Texas 75056 If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice, a late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per invoice period. 11. No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12. Taxes -- All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 13. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14. Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions - N/A. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. Oncor Electric Delivery Company The Ci;b/~f THE COLONY Rick Fielding - (,~/ ~-,~;,;, jc.'~.~;,~.~ Jb~ TITLE: PROJECT MANAGER TITLE:~ C~ M~ager City agrees to pay Company $29,539.83 in consideration of Company's agreement to install said street lights and understands that no construction work will begin until after Company has received full payment. 2. Company agrees to install, own, operate and maintain said street lights in accordance wil~ its street lighting agreement with customer. However, if City or Developer fails to pay, on demand, the amount indicated above, this supplemental agreement is automatically term inated. 3. All parties agree that Company will retain for its use and benefit the payment received hereunder in consideration of its obligation to install said street lights and that Company at all times has title to, and complete ownership and control of, said street lights. 4. Company is not liable for loss or injury caused by delay or failure to install the electric facilities necessary to serve customer because of delay in receiving shipment of required material, orders or formal request of governmental agencies, acts of God or the public enemy, inevitable accidents, fire, explosions, strikes, riots, war, or anyolher causes reasonably beyond control of the Company. If Company is prevented from installing such electric facilities by any of the above causes, Company agrees to return to City or Developer, without interest, the entire amount of City or Developer's payment, thereby terminating this supplement and Company's obligation to provide the electric facilities described herein. This agreement is entered into subject to the terms of the Agreement for Street Lighting Service between City and Company dated ~'. '"' ~7 ACCEPTED BY COMPANY ACCEPTED BY CITY ACCEPTED BY DEVELOPER (if applicable) TITLE PROJECT MANAGER TITLE 'A~:~'AN'~ClTY TITLE MANAGER DATE SIGNED March 20, 2003 DATE SIGNED DATE SIGNED WR# Engineering Service Center Distribution Services PREPARED BY COMPLETED BY APPROVED FOR BILLING BY Rick Fielding DATE DATE DATE March 20, 2003 EXHIBIT "A" AGREEMENT FOR STREET LIGHTING SERVICE SUPPLEMENT NUMBER City of THE COLONY, Texas ("City") and ONCOR ELECTRIC DELIVERY COMPANY ("Company") City requests and authorizes Company to provide street lighting as follows below and on sketch(s) attached hereto and made a part hereof. Actions: Addition X Remo~/al Action Quantity Wattage Light Rate Schedule Identifying Location (Address, etc.) Source Luminaire/Pole Type (See Attached Sketch) Blair Oaks Dr @ N Colony A 1 100 HPS A Dec Lantern/11' Texan Blvd. 3951941-3714112 Blair Oaks Dr @ N Colony A 1 100 HPS A Dec Lantern/11' Texan Blvd. 3951891-3714108 Blair Oaks Dr @ N Colony A 1 100 H PS A Dec Lantern/11' Texan Blvd. 3951942-3714062 Blair Oaks Drive @ Nash A I 100 HPS A Dec Lantern/11' Texan Drive 3951908-3712626 Blair Oaks Dr @ Strickland A 1 100 HPS A Dec Lantern/11' Texan Ave. 3951945-3711094 Blair Oaks Dr @ Hackney A 1 100 HPS A Dec Lantern/11' Texan Court 3952150-3708901 Blair Oaks Dr @ S Colony A 1 100 HPS ^ Dec Lantern/11' Texan Blvd. 3952270-3708442 Blair Oaks Dr @ S Colony A 1 100 H PS A Dec Lantern/11' Texan Blvd. 3952254-3708492 Blair Oaks Dr @ S Colony A 1 100 HPS A Dec Lantern/11' Texan Blvd. 3952208-3708480 Under these additional conditions (if any) EXHIBIT "A" (CONTINUED ON NEXT PAGE)