The URL can be used to link to this page

Home My WebLink About2000-3575 �. A, ..t and&' ORDINANCENO a &V-957 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC COOPERATIVE, INC, DBA COSERVE ELECTRIC TO PROVIDE ELECTRIC SERVICE FOR CITY STREET LIGHTS IN SUBDIVISIONS THAT COSERVE PROVIDES ELECTRIC SERVICE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton and CoServe Electric desire to enter into an agreement whereby CoServe will provide electric service for City street lights in subdivisions where Coserve is, currently providing electric service WHEREAS, the City Council of the City of Denton finds that such agreement is in the public interest THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SSEECTION 1 The City Manager is hereby authorized to execute an agreement between the City and CoServe to provide electric service for City street lights in subdivisions that CoServe provides electric service, in substantially the form of the agreement which is attached hereto and made a part of this ordinance for all purposes SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached agreement SECTION 3 This ordinance shall become effective immediately upon its passage and approval p PASSED AND APPROVED this the day of �Q� � 2000 ATTEST; JENNIFER WALTERS, CITY SECRETARY m TO LEGAL N", ATTORNEY EULINE BROCK, MAYOR AGREEMENT FOR PROVISION OF ELECTRIC SERVICE ovo Agreement made,-1N.999-- between DENTON COUNTY ELECTRIC COOPERATIVE, INC , dba CoSery Electric, 7701 South Stemmons, Corinth, Texas 75065 (referred to herein as "COSERV") and THE CITY OF DENTON, 215 East McKinney Street, Denton, Texas 76201 (referred to herein as the "Customer") whereby COSERV shall provide electric service for Customer owned and maintained street lighting (the "Lighting") within the city hrruts of the City of Denton (the "City") 1. Term 1 1 This Agreement shall become effective on the date shown above (the "Effective Date") and shall remain in effect until December 31, 2001 (the "Initial Term") 12 After the Initial Term, this Agreement shall automatically renew for consecutive terms of one year on January 1 of each year until terminated pursuant to this Agreement 2. Termination 2 1 After the Initial Term, either party may terminate this Agreement at any time by providing thirty (30) days written notice 3. Electric Service 3 1 Electric service shall be provided, upon request by the Customer and with reasonable notice, for the Lighting located within areas of the City served by COSERV 32 Electric service for the Lighting shall be provided according to COSERV's Tariff for Electric Service as approved and amended from time to time by COSERV's board of directors (the "Tariff") Said Tariff is hereby made a part of this Agreement and is on file and available at COSERV's offices in Corinth, Texas To the extent that there is any inconsistency between the Tariff and the terms of this Agreement, the terms of this Agreement shall control 3 3 For purposes of calculating electric cost pursuant to the Tariff, the monthly kWh per light fixture will be 0 4 kWh per watt of bulb rating 4. Service Characteristics 41 Secondary service for the Lighting shall be 1 phase, 3 wire, 60 cycle, 120/240 volts, plus or minus 5% under normal steady state conditions 1 42 The point of separation between COSERV owned electric facilities and Customer owned electric facilities (the "Point of Delivery"), unless otherwise agreed upon by the parties, shall be the following 4 2 1 For underground electric facilities, the Point of Delivery shall be a fuse device located at a COSERV transformer or secondary pedestal 4 2 2 For overhead electric facilities, the Point of Delivery shall be the connection point of the Customer's Lighting secondary conductors to COSERV's electric system 43 The Customer shall furnish, install, own, maintain and operate the Lighting within the City beginning at the Point of Delivery The Lighting may include, but is not limited to, street light poles, anchor bases, street light fixtures, secondary conductors and conduits beginning at the Point of Delivery Further, where specified by COSERV, the Customer shall furnish, install, own, maintain and operate a fuse device at each Point of Delivery 44 COSERV shall make all connections of the Lighting to COSERV's electric system 45 Customer warrants that its installations (including all conductors, switches, equipment, wiring, and protective devices of any kind) shall be constructed and maintained in accordance with the National Electrical Safety Code of the American Standards Association as well as other applicable codes and applicable laws or ordinances 5. Continuity of Service COSERV shall use all reasonable diligence to provide to the Lighting a constant and uninterrupted supply of electric power and energy hereunder If the supply of electric power and energy shall fail or be interrupted, or become defective through an act of God, governmental authority, action of the elements, public enemy, accidents, strikes, labor trouble, or any other cause beyond the reasonable control of COSERV, COSERV shall not be liable for damages caused thereby 6. Miscellaneous 6 1 This Agreement shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the respective parties thereto This Agreement shall be construed in accordance with, and under the laws of, the State of Texas 6 2 The provisions of this Agreement are severable, and in the event a portion of this Agreement is determined by a court of competent jurisdiction to be invalid, in whole or in part, the remaining provisions shall remain in full force and effect 6 3 This Agreement may be executed in multiple counterparts, and each counterpart shall be considered as if it were an original 2 64 This Agreement constitutes the complete and final agreement between the parties with respect to the subject matter hereof and may not be contradicted by evidence of prior or contemporaneous oral agreements of the parties There are no oral agreements between the parties 65 During the term of this Agreement, the parties to this Agreement (each an "Indemutor") shall indemnify and save harmless each other (each an "Indernnitee") together with their respective officers, agents, and employees from any and all loss, damage, expense, judgement, lien, suit, cause of action, demand or liability for personal injury, including death and tangible property damage and including legal fees, court costs, and other expenses of litigation, which may be asserted by a third party and imposed on or incurred by an Indemnitee arising directly out of the negligent or other wrongful acts or omissions of an Indemnitor, its agents, subcontractors, or employees No indemnity shall be provided to a party for its own wrongful acts or omissions 66 NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY, WHETHER AS RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PATENT INFRINGEMENT OR OTHERWISE, SHALL HAVE ANY LIABILITY UNDER THIS AGREEMENT FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICE, OR DOWNTIME COSTS IN WITNESS WHEREOF, this Agreement is executed by the parties hereto through their duly authorized representatives as of the Effective Date COSERV: Denton County Electric Cooperative, Inc. /I db??a CCoSSe�ery Electric By Curns R Trltntt Senior Vice President - Energy Servim CUSTO R: The City of Denton By Typed Nance Michael W. ez Its City Manager xffl 3Y 3 AS TO FORM* CoSery 3501 FM 2181 Corinth, Texas 76205 Metro 817-430-1195 FAX 940-497-6525 An Afliltate of Denton County Electric 800-274-4014 January 13, 2000 Mr Ray Wells City of Denton 901-A Texas Street Denton, Texas 76201 Dear Ray Enclosed is an Agreement for Provision of Electric Service for customer owned lighting within the City of Denton According to our Tariff and the Agreement, the monthly cost to the City for City owned and maintained lighting connected to CoServ's electric system will he is as follows kWh/Month Cust Chg 100 watt 40 kWh $1 50 150 watt 60 kWh $1 50 200 watt 80 kWh $1 50 250 watt 100 kWh $ l 50 400 watt 160 kWh $1 50 KWh Chg Total Chg /Month $2 14 $3 64 $3 21 $4 71 $4 28 $5 78 $5 35 $6 85 $8 56 $10 06 The above charges are subject to the billing adjustments in the Tariff I understand that for new platted developments within the City, the City requires the cost of the street lighting facilities to be paid prior to installation For such developments that receive electric service from CoServ, CoSery will indicate whether payment is to be made directly by the developer or by CoSery on behalf of the developer Please call if you have any questions or need more information Sincerely Curtis Trivitt, P E Senior Vice President, Energy Services