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Home My WebLink AboutOrdinance No. 03-1491 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~ 31 ~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER 1NTO A CONTRACT WITH ONCORELECTRIC TO PROVIDE FORTHE REPLACEMENT OF STREET LIGHTS AND POLES LOCATED ON ARBOR GLEN; 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 Electric to provide for the replacement of street lights and poles on Arbor Glen on the condition that the bases match the light pedestal. 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 by the 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 6th day of October, 2003. ROVED: z-, ATTEST: Jolr~ Dillard, May~)~ Patti A. Hicks, City Secretary ty Attorney d~ Tariff for Retail Delivery Service Oncor Electric Delivery Company 6,3 Agreements and Forms Applicable: Entire Cerlified Service Area Page 10 of 23 Effective Date: January 1, 2002 Revision: Ori~linal 6.3.4 Discretionary Service Agreement This Discretionary Service Agreement ("Agreement") is made and entered into this 17th day of Seutember. 2003. by Oncor ("Oncor Electdc Delivery Company" or "Company"), a Texas corporation and dist~ution uti~ify, end The City of THE COLONY ("Customer"), a c~y, each hereinafter sometimes referred to individually as 'Party' or both referred to collectivety as the ~parties~. In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services to be Provided -- Company agrees to provide, and Customer agrees to pay for, the foitowing discretionary services in eccerdence 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 end conditions applicable to such service(s).] Reelace 12 - 100 waft HPS Pest ToD Luminares on 20' F~erutass Standards with 12 - 100 Watt HPS Decorative Lantern Sb/le Luminelres ori 11' T~xan 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 accerdence with applicable Public Utility Commission of Texas (~PUCT") Substentive 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'). Duflng the term of this Agreement, Company is entitled to discontinue service, interrupt sea/ice, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Compeny's Reta# Delivery Tadff 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 Cempeny's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective when executed by both and continues in effect until the project is compleled. Termination of this Agreement does not relieve Company or Customer of any obligation accrued er acc~utng 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 respaneibie 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 ait respects be governed by, interpreted, construed, and enforced in accerdence with the laws thereof. This Agreement is subject to all valid, applicable federal, state, end local laws, erdinences, and rules end regulations of duty constituted regdiato~ authorities having jurisdiction. 7. Amendment --This Agreement may be amended only upon mutual agreement of the Parties, which amendment will nut be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rutes and Compeny's Retail Delivery Tariff ere applicable to this Agreement upon their effective date and do nut require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including ail attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and undemtending between the Parties with regard to the sa'vice(s) expressly provided for in this Agreement. The Parties ere not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of eny kind er nature (whether written or oral) with regard to the subject matter hereof not set forth er provided for herein. This Agreement replaces ail prior agreements end 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 all such agreements end undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering uther services not expressly provided for herein, which agreements are unaffected by this Agreement. 9. Notices -- Notices given under this Agreement ere deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a} if to Compeny: Rick Fielding ONCOR Electric Deliver/Company 14400 Jesey Lane Farmers Branch, Texas 75234 Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Sen~ice Area Page 11 of 23 Effective Date: January 1, 2002 Revision: Original (b) If to Custcmer: Antonio Johnston The City of The Colony 6800 Main Street The Colony, Texas 75056 The above-listed names, titles, and addroeses of either Party may be changed by written notification to the efhe~. 10. Invoicing and Payment - Invoices f~ any discretionary se~vicns 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 casa 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 end 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 caiculatad end added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per invoice pe~ed. 11. No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict pedormance 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, municipel, or other lawful taxes (other than federal income taxes) applicable by reason of ony service pedormed by Company, or any compensation paid to Company, hereunder must be peld by Customer. 13. Readings -- The descriptive headings of the various arliclns and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significence 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 end Conditions -- IN WITNESS WHEREOF, the Pa~es have caused this Agreement to be sigs by their respective duly authorized representatives. ONCOR F~bECTRIC DELIVERY COMPANY THE CITYOF THE COLd,NY Rick ReldingcJf Antonio Johns~m TITLE: PROJECT MANAGER TITLE: Assistant City Manaqer