The URL can be used to link to this page

Home My WebLink AboutResolution No. 08-057 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08-051 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDmONS OF A SElTLEMENT AND RELEASE AGREEMENT BY AND BETWEEN ONCOR ELECTRIC DELIVERY AND THE CITY OF THE COLONY TO RESOLVE PERFORMANCE AND INVENTORY DISCREPANCIES WITIDN THE CITY'S STREET LIGHTING NETWORK; THAT THE AGREEMENT IS ATTACHED HERETO AS EXIllBm 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. passage. That this resolution shall take effect immediately from and after its PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 16th day of June, 2008. J n Dillard, Mayor ity of The Colony, Texas SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement (the "Agreement") is made and entered into as of the date set forth below by and between the City of The Colony (the "City") and Oncor Electric Delivery Company ("Oncor"): WHEREAS there was a disagreement between Oncor and the City as to the actual number of street lights provided by Oncor within the City; and WHEREAS, for the purpose of calculating bills on a going-forward basis, Oncor and the City wish to agree on the number of streetlights provided by Oncor as of May 30,2008; and WHEREAS any overbilling of street light numbers may have resulted in the 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 Texas or state district court, as well as the expense Oncor would incur if it were required to cancellrebill prior bills or invoices to the City or the City's retail electric provider; and WHEREAS Oncor had installed a group of lights on South Colony Blvd and Paige Road which were experiencing operational issues beginning in November 2004; and WHEREAS Oncor and the City have been working to resolve these operational issues and have determined that these operational issues were resolved to the City's satisfaction as of December 31, 2007 NOW, THEREFORE, in order to fully and fmally resolve all disputes and claims arising out of Oncor's operations of, and billings for, street lights within the City through the May 2008 billing cycle, and for the mutual covenants set forth in this Agreement, the adequacy and sufficiency ofwhich is acknowledged, the City and Oncor agree as follows: 1. PAYMENT TO THE CITY No later than 30 days after the latest signature date set out below, Oncor will pay to the City the sum of$23,645. 2. RELEASE BY THE CITY OF ONCOR AND ITS AFFILIATES, AND OF RETAIL ELECTRIC PROVIDERS WHO PROVIDED STREET LIGHT SERVICE TO CITY The City of The Colony, on behalf of itself and its successors and assigns and any and all person, entities or municipalities claiming by, through or under them, hereby RELEASES, DISCHARGES AND ACQUITS, forever and for all purposes, Oncor Electric Delivery Company LLC, and its predecessor TXU Electric Company, and each of their respective agents employees, officers, directors, shareholders, partners, insurers, attorneys, legal representatives, successors, and assigns, as well as all affiliated companies, including TXU Energy Retail Company LLC and its predecessors and subsidiaries, as well as all retail electric providers from whom the City has taken retail electric service, 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 of accruing in the future, arising out of or related to the calculation, reporting, billing or invoicing of charges by Oncor to the City or any retail electric provider of the City for street lighting service through the May 2008 billing cycle. 3. AGREEMENT REGARDING NUMBER OF STREET LIGHTS AS OF May 30, 2008 For billing purposes going forward, the City and Oncor agree that, as of May 30, 2008, Oncor had a total of 1,176 street lights within the City. 4. WARRANTY AS TO AUTHORITY The City and Oncor 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. B. 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. C. This Agreement may not be modified in any manner, nor may any rights provided for herein be waived, except in an instrument in writing signed by each party. D. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS THEREOF, this Agreement has been executed by the parties as follows: 2 THE CITY OF THE COLONY, TEXAS S)~~ By: lis: City Manager STATE OF TEXAS ~ COUNTY OF Denton ~ This instrument was acknowledged before me on the 17th day of June , 2008, by Dale Cheatham , as City Manager , on behalf of the City of The Colony. ~"~~~~~"""""""~""'~ , .-." ,..IlV P(f.-" ~ ~ /o';.~'\"""~~'l.\ Jl.~ELA KEL"Y ~ , ::~.:' " ~(\ ~ .. ~ ~=.: . =. Mot ........1 ..... of.... .. ~ ;~\ ~~111 ary.-..... c, ~e ...us J ~ \::ltif;\$'llIycOMllIlllon bpIra 09.0e. 1 0 i ~ ill/fun"'\ ~ """""""""""""" ONCOR ELECTRIC DELIVERY COMPANY LLC ~;,: ~i~'7~ STATE OF TEXAS ~ COUNTY OF DALLAS ~ This instrument was acknowledged before me on the.)f? t::li- day of JU /Vii , dat}p' by m / K E C-L{ V ltJA/ , of Oncor Electric Delivery Company LLC, on behalf of said corporation. /. ..t<'~~!::~ p.~~, DOROTHY GARNER \~.~..~7i MYCO~M~ISSION EXPIRES "'~ffr:~ti' "ugust 12. 2009 ~~:':'~';':;~',-SS'... 3 II 0.. r: II CI ~ ftI i: II -g I E ~ ~ ~,g ~ 11'- ftI ~ ~ Z~.cC::3 C U ::3 ftI SIII.g U II > o E & ~ ~ cc ClIO ...cocY) r:: I Q)"'lt) :: 5 0 ~o_ o U 0 C o ~ 0.. 'i: u I Q CI IV i: .... C ::3 o U ~ c.. :I: o o 'P"'l o M \D 'P"'l 'P"'l 'P"'l ~ \D ,...., < a: :I: o~ o 'P"'l '-" u... o i; u >-~ z 9 o u w i= < M \D 00 M o o \D :I: ::E II') ,.... 'P"'l \D ~ N N 00 ~ N ,...., < :i" ::E II')~ ,.... 'P"'l '-" u... o i; u >-~ z 9 o u W :I: I- < o ,.... M M ~ o ,.... > ::E II') ,.... 'P"'l II') N 'P"'l ~ C7\ N 'P"'l <- >~ ::E II')~ ,.... 'P"'l '-" u... o i; u >-~ z 9 8 w i= < ,.... 'P"'l II') M C7\ M ~ c.. :I: o II') N o 'P"'l 'P"'l C7\ ,...., < c..~ :I: o~ II') N '-" u... o i; u >-~ z 9 8 w i= < ~ II') M C7\ M ~ :I: ::E o II') N to ,..... ..- ..- II') \D 'P"'l 0) ..- N .q- 0') ,.... \D 'P"'l <- :I:~ ::E o~ II') N '-" u... o i; u >-~ z 9 8 w i= 'iii ... o I- < 'P"'l o ~ M ~ o ,.... ex> o o N -- o C') -- L.C) CII X ex:) o I o C') I L.C) o "'ffi c u.. >- c: ..Q o o (l) .c I- ;::: ~ "" 0) ..... Q) Q) Q) ~ ~ ~ e e Q) Q) ~ ~ ~ Q) > o e Q) ~ a..I> I~~ o II') LO ::0: 0 ~ ~ ~ ~::I:~ co .c o M 0 r-- ::$: ...... ~ I HILo J5 \0 r-- "" ::'!*-: r-- I- R 18 Ch rt emova ummary a 4393517 175 MV 5 Remove 4393548 250 HP 1 Remove 6003863 100 HP 39 Remove 7043370 175 MH 2 Remove 7043401 250 MH 2 Remove Total 49 Add' . 8 Ch rt Itlon ummarv a 4393517 175 MV 1 Add 4393548 250 HP 2 Add 6003863 100 HP 28 Add Total 31 8 Ch rt ummary a 4393517 175 MV 4 Remove 4393548 250 HP 1 Add 6003863 100 HP 11 Remove 7043370 175 MH 2 Remove 7043401 250 MH 2 Remove Total 19 Remove Billing from the colony (email from Danny 4-15-08) #of liahts $ Amount 4393517 175 MV 135 $ 2,202.38 4393548 250 HP 10 $ 226.94 6003863 100 HP 636 $ 7,706.27 7043370 175 MH 223 $ 3,919.20 7043401 250 MH 168 $ 4,129.95 .... :J17?: JM$dRlliilt: :m::$1~!;iij:;: The Colony Final 05-30-08.xls ....:....::.:...:::...$.2S4j$$! ........:.:.$3;638.56 3J:i3a;St! .....$. ....414.40. . ...., ... -. ........ . ... ..... . . ... -....... ..:..:..:.1:(..:...:.. ,:;....: 5/30/2008 The Colony Settlement Proposal Calculation for settlement Payment from Nov 2004 to May 2006 Number of months 18 16 SettlementA mount $ 4,561.92 $ 2,478.08 ~:$(?nU4Q;IP.( __.... ....... ... ~..".".> ..,....,~~,..~~\~~';li.~;,::::.~_:i;il~ ~...~......,' ...:."~:.'~..:...~.~....v~', ~'" ,'~', , " ,"_ ~ ,~~.~ .~"..~:.t;~t1t~~__ii.1t\r~~M_ C I I r f ttl t t f o t b 2006 t D mber 2007 a cu a Ion or se emen paymen rom c 0 er 0 ece Number of Monthly N umber of Settlement lights Cost Months Amount mmm~jt29.:m:m~':mj ~:~~n:::::~:~iM~~P$( .:'::'::.:.:.:';':';.:15:':';';.:.:.::.:.:';': ::$:~~~':$.a:~4;mf: ;';';':':':':':':':':':':.: '.:.:.:.:.:.:.:.;.:.;.;. ............. ............. ............................. :::::;:::::::::::::::::;:::........::::::::::::::::::::::: ~~~~~~~11f.~_*~t~}~~1 ~~-~~~~l..~"-:..~:~~1t~.x*~J=*"*~~~~I:~~"* 5/30/2008 The Colony Final 05-30-08.xls