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1991-056txpko ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, THE CITY OF DALLAS AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT RELATING TO MAINTENANCE AND SUPERVISION OF RECREATIONAL FACILITIES AT LAKE RAY ROBERTS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is authorized to execute an agreement between the City of Denton, City of Dallas, and the Texas Parks and Wildlife Department relating to the maintenance and supervision of recreation facilities at Lake Ray Roberts under the terms and conditions contained within said agreement, a copy of which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1991 ATTEST JENNIFER WALTERS, CITY SECRETARY BY fitAlich (I AA I I t APPRO D AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY 41 i Park Management Contract Between Texas Parks and Wildlife Department and Cities of Dallas and Denton, Texas STATE OF TEXAS COUNTY OF TRAVIS This Contract made and entered into by and between the Cities of Dallas and Denton, Texas (hereinafter called "Cities") and the Texas Parks and Wildlife Department (hereinafter called "TPWD") each party acting through duly authorized officials, WITNESSETH WHEREAS, the construction of Ray Roberts Lake (hereinafter called "Project") was authorized by the River and Harbor Act of 1965 (Public Law 89-298, 79 Stat 1091), and WHEREAS, the Cities have contracted with the United States of America (hereinafter called the "Government") under contract numbers DACW63-80-C-0106 and DACW63-80-C-0107 to administer project land and water areas for recreation purposes and to operate, maintain, and replace facilities provided for such purposes, and WHEREAS, TPWD is authorized to administer project lands for State recreational purposes, and to operate, maintain, and replace facilities provided for such purposes and is empowered to contract for such purposes under authority conferred by Chapter 13, Parks and Wildlife Code, and WHEREAS, TPWD, recognizing the recreational potential and suitability of the Ray Roberts Lake Project for State Park purposes, desires to assume management, operation, maintenance and replacement responsibilities for all designated park areas and access points associated with the project described in Exhibit A, attached hereto and made a part hereof for all purposes NOW THEREFORE, in consideration of the premises and the covenants herein contained. the parties hereto contract as follows TPWD shall be responsible for all replacement responsibilities of DALW63-80-C-0106 and DACW63-80-C-0107 conditions thereof and of the lease as assume said responsibilities only whe fenced and facilities are complete an shall not be obligated to operate and facilities such as dams, spillways and the operation, maintenance, and the Cities under Contracts , subject to the terms and lescribed in Exhibit A TPWD will n each park or access point is d accepted by the Cities TPWD maintain lands, structures, and outlet works required for control and regulation of the waters stored in the reservoir, the access road to the dam, or any project visitor facilities constructed in conjunction with these works TPWD shall not be responsible for shoreline debris removal for a period of two years after initial impoundment of water to elevation 632 5 feet TPWD shall not be responsible for removal of trash accumulated prior to assumption of administration 2 TPWD agrees to take reasonable security measures to protect significant cultural resources within the designated park areas and access points associated with the project (Exhibit A), from unauthorized use and vandalism TPWD shall not be responsible for the Government's mitigation obligation nor shall TPWD be responsible for repair or maintenance of historic structures 3 TPWD may collect fees for entrance to developed recreation areas and for use of the project facilities and areas, comparable to fees charged at other Texas State Parks 4 To the extent permitted by the laws of the State of Texas, and any provision of this Contract to the contrary, TPWD expressly does not assume any responsibility or liability for the water area of Ray Roberts Lake TPWD agrees to maintain all buoys or markers placed at swimming areas, boat ramps, fishing piers, or other developed recreation areas 5 TPWD may make and enforce such rules and regulations as are necessary and within its legal authority in the performance of this contract 6 TPWD, as Managing Agent for the Cities, with prior approval of the Government, may grant permits, licenses, concession contracts and subleases for all or portions of the project lands for purposes which are not inconsistent with this contract All such permits, licenses, concession contracts and subleases shall be subject to the terms and conditions of Exhibit A (the lease) which shall be incorporated into each document by reference 7 To the extent that oil, gas or mineral exploration or development is permitted or allowed by the Government, TPWD may review and coordinate on the location and conditions for any such future oil, gas or other mineral exploration or development, to prevent unnecessary damage to project lands 8 The Cities, pursuant to Contracts DACW63-80-C-0106 and DACW63-80-C-0107, are responsible for reimbursement to the Government for cost-shareable recreational acquisition and development expenses TPWD desires and agrees to perform the design and construction of certain non cost-shareable facilities, exclusive of roads and utilities TPWD shall repay the Cities for non cost-shareable road and utility expenses associated with the development of the Isle du Bois and Johnson Branch Park Units Payments shall be due within sixty (60) days of receipt of billing from the Cities If the TPWD fails to make any of the aforesaid payments when due, then the overdue payments shall bear interest at the rate specified in Cities contracts DACW63-80-C-0106 and DACW63-80-C-0107 The Cities shall maintain adequate accounting records to properly reflect all costs to be reimbursed by TPWD The Cities shall make available, at reasonable hours, such accounting records for inspection and audit during the period of this contract 9 The Cities hereby appoint TPWD as their agent to approve the design of any recreational features covered by this Contract, to monitor the construction of recreational facilities and make recommendations to the Government contingent upon review and approval of the Cities 10 The Cities have agreed to contract with the Government for construction of wetland areas associated with Ray Roberts Lake TPWD will negotiate a separate management agreement with the Cities for assumption of operation, maintenance, and replacement responsibilities for these wetlands 11 This contract is effective upon execution by all parties, and shall continue in effect for so long as the lease shown in Exhibit A shall remain in effect, provided however, this contract may be cancelled by any party at any time, without further obligation, except for any payments that become due as a result of design or contruction of non-cost shareable facilities, pursuant to Paragraph 8, that occur prior to the date of termination, by giving at least two years' written notice Executed this 3,ze? day of 1991 Texas Parks and Wildlife Department BY /41G~{/®v✓ Andrew Sansom Executive Director Executed this day of Q 1991 APPROVED AS TO FORM A14ALESLIE MUNCY CITY ATNEY BY .rrrl~ltil~y Assistant City Attorney Sobmitted to L Angry City of Dallas, Texas Jan Hart City Manager BY Asst 9 t ity nage Executed thi s day of dam 1991 City of Den Vn , Texas City onager Attest Im 1.4 114, 1~jn-=&b nni e a ters ty Se retary EXHIBIT A DEPARTMENT OF THE ARMY LEASE FOR PUBLIC PARK AND RECREATION PURPOSES RAY ROBERTS LAKE, TEXAS THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of Congress approved 22 December 1944, as amended (16 USC 460d), and the Federal Water Project Recreation Act, 79 Stat 214 (16 USC 46OL-13), and pursuant to Contracts No. DACW63-80-C-0106 and No DACW63-80-C-0107, hereinafter referred to as the Contracts, entered into on 16 September 1980, by and between the United States of America and the Cities of Dallas, Texas and Denton, Texas, respectively, hereby grants to the Cities of Dallas and Denton, hereinafter jointly referred to as the Lessee, a lease for a period of fifty (50) years commencing on the date of execution hereof on behalf of the United States to use and occupy approximately 4,238 acres of land and water areas under the primary jurisdiction of the Department of the Army at Ray Roberts Lake Project, Denton, Cooke and Grayson Counties, Texas, hereinafter referred to as the premises, which is generally described as the area outlined in red on Exhibit B, which is attached hereto and made a part hereof. While the premises is shown on Exhibit B to extend to the 632.5 foot contour in park and access areas, this represents only the conservation pool elevation. Park and access areas within the premises shall be considered to extend to the waterline and shall also include all associated facilities such as docks, piers, boat ramps, and boat channels which may extend beyond or below said waterline Also, such water areas which are directly associated with the park or access point, A such as swimming areas and "no-wake zones" are also included in the premises The wetlands, to be developed by the parties hereto, shall be included under this lease and added hereto by supplemental agreement upon final agreement regarding site selection THIS LEASE is granted subject to the following conditions 1 The Lessee shall conform to such regulations as the Secretary of the Army may issue to govern the public use of the project area and shall comply with the provisions of the above cited Acts of Congress The Lessee shall protect the premises from fire, vandalism, and soil erosion, other than shoreline erosion, and may make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with provisions of the above cited Acts of Congress 2 The Lessee agrees to administer the premises for public park and recreation purposes and to bear the costs of operation, maintenance, and replacement of all facilities and improvements developed to support Project recreation opportunities on the premises (including fences) All structures, facilities, utilities, or improvements shall be constructed or accomplished in accordance with plans which have been approved in advance by the District Engineer. As used in this lease, the term "replacement" shall be construed to mean the replacement in whole or in part of any structure, facility, or improvement so worn or damaged by any cause as to 2 A no longer adequately serve its designed function with normal maintenance The Lessee shall be guided by an Annual Plan of Operation and Maintenance in furtherance of the Plan of Recreation Development and Management (Design Memorandum (DM) No 8 Ray Roberts Lake Master Plan, January, 1983, and DM No 22 Recreation Facilities, as amended by Supplement No 1), adopted pursuant to Article 2c of The Contracts, and the General Development Plan which is attached hereto as Exhibit C, which plans are by this reference made a part hereof On or before the anniversary date of the lease each year, the parties shall agree on the Annual Plan which shall include but is not limited to the following a Plans for management activities to be undertaken by the Lessee including improvements and other facilities to be constructed thereon in accordance with the contracts, and including budget and personnel for carrying out said activities. b Report of the management, maintenance, and development accomplishments of the Lessee for the preceding year, including a report of pesticide use as required by Condition 16 hereof c Significant modifications of policies or procedures which have developed or are to be applied. d. Minor modifications to the Plan of Recreation Development and Management (major modifications to be accomplished by amendment of the Plan). 3 4 A 3. Pursuant to Article 5 of the Contracts, fees and charges may be collected by the Lessee in accordance with a schedule comparable to other Texas State Park units In addition, the Lessee and its sublessees may conduct such revenue producing activities as are within the scope of Article 4 of the Contracts subject to the prior approval of the District Engineer The Lessee will reserve at least one area at which access to the waters and shores of the lake may be reached without imposition of fees of any kind. Normal maintenance and cleanup will be provided at this area 4 The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to Condition 2 The Lessee may salvage fallen or dead timber, however, no commercial use shall be made of such timber Except for timber salvaged and sold by the Lessee when in the way of construction, all sales of forest products will be conducted by the Government, and the proceeds therefrom shall not be available to the Lessee under the provisions of this lease 5 Upon the completion of initial recreational facilities the parties hereto shall cause to be made an inventory of all improvements constructed in whole or in part with Federal funds under the terms of the Contracts From time to time there shall be added to said inventory such additional improvements as may be constructed pursuant to the contracts Certain types of "Additional Facilities", including but not limited to restaurants, lodges, golf courses, cabins, clubhouses, overnight or vacation type 4 A structures, stables, marinas, swimming pools, commissaries, chairlifts and such similar revenue producing facilities constructed under the authority of Article 4 of the Contracts shall not be added to this inventory, but, all such facilities shall be subject to the prior approval of plans by the District Engineer as stated in Condition 2 The inventory of improvements shall include descriptions and drawings sufficient to permit their identification, determine their condition and to replace them if required during the term or on the expiration or termination of this lease Said inventory and all amendments thereto shall be approved in writing by authorized representatives of the parties hereto and shall thereupon become a part of this lease as if originally annexed and attached as Exhibit E Upon the expiration, revocation, or termination of this lease a similar inventory and condition report shall be prepared and said inventory and condition report will constitute the basis for settlement by the Lessee with the District Engineer for leased property shown to be lost, damaged, or destroyed, any such property shall be either replaced or restored to the condition required by Condition No. 18 hereof, or at the election of the Government reimbursement made therefor by the Lessee at the current market value thereof. 6. The Lessee may grant permits and licenses and sublease all or portions of the leased property to third parties, for purposes which are consistent with the terms and conditions of this lease and with the Plan of Recreation Development and Management. All such grants shall state that they are granted subject to provisions of this lease The terms and 5 A conditions of third party grants shall first be approved by the District Engineer in writing In order to protect the investment of sublessees, the District Engineer may approve subleases which require the Government to continue to honor such parts of the subleases which would assure the continuation of the subleased activities should there be a default by the Lessee which would result in revocation of the prime lease under Condition 17 hereof 7 a. The Lessee shall be responsible at all times for insuring compliance by third party grantees with all terms and conditions of this lease and with all terms and conditions of its respective third party grants. The Lessee will be responsible for inspecting and insuring that corrective action is prescribed and performed for all noncompliance The District Engineer, likewise through his duly authorized representative, reserves the right to also perform periodic compliance inspections (Reference Conditions 11 and 12) and to require the Lessee to notify third party grantees of deficiencies and prescribed corrective action b The District Engineer may also, if continued and persistent violations warrant, require the Lessee, at its own expense, to revoke third party grants, remove the grantee from the premises and restore the premises to a condition satisfactory to the District Engineer c. In addition to the restoration provided for in Condition 18 of this lease, the Lessee shall upon revocation, or expiration of the lease, be responsible for the prompt removal of property and restoration of the 6 ~ A premises under any third party grants Said restoration shall be accomplished at no expense to the Government 8 No permits, licenses, or subleases will be granted to adjacent private property owners or others, for use, alteration, improvement, addition of facilities, or any other purpose which would confer upon them privileges not available to the general public or which would infer or imply exclusive private use of public lands Any permits, licenses, or subleases granted to adjacent private property owners or others, for use, alteration, improvement, addition of facilities, or any other purposes will be conditioned such as, a. To not restrict use thereof by the general public b To permit free and unimpeded passage along the shore c To be compatible with the Project Master Plan, Resource Management Plan, and the Environmental Impact Statement adopted for the project d To have signs posted to the effect that "This is public property open to general public use." 9 The Lessee shall establish and maintain adequate records and accounts and render annual statements of receipts and expenditures to the District Engineer, except for annual or weekly entrance fees which also are honored at other recreational areas operated by the Lessee The District Engineer shall have the right to perform audits of the Lessee's records and accounts, and to require the Lessee to audit the records and accounts of 7 ' A any sublessees, and furnish the District Engineer a copy of the results of such an audit. 10. The rates and prices charged by the Lessee or its grantees for revenue producing activities shall be reasonable and comparable to rates charged for similar goods and services by others in the community and on the lake. The Government shall have the right to review such rates and prices and to require an increase or reduction where it finds the objective of this paragraph has been violated Changes to the price schedule shall be submitted in writing to the District Engineer for approval in advance. 11 The right is reserved to the United States, its officers, agents, and employees, to enter upon the premises at any time to make inspections concerning the operation and maintenance of the lands and facilities provided hereunder, for any purpose necessary or convenient in connection with river and harbor and flood control work, and to remove timber or other material required for such work, to flood the premises when necessary, and/or to make any other use of the land as may be necessary in connection with public navigation and flood control, and the Lessee shall have no claim for damages of any character or account thereof against the United States or any agent, officer, or employee thereof, provided however that the Government shall give advance notice of any such entry, or use of the premises to the State Park Manager, which shall include a description of the use or purpose of the entry 8 A 12. Upon discovery of any condition that presents an imminent and dangerous threat to the health and safety of the public, the District Engineer may require that arty part or all of the premises be closed to the public until such condition is corrected and danger to the public is eliminated. The determination of the District Engineer regarding the existence of any danger to the public and the need for emergency closure of the premises shall be final and conclusive The Lessee shall have no claim for damages against the United States, or any officer, agency or employee thereof on account of action taken pursuant to this condition 13 At the commencement of operations on the premises, the Lessee will require its grantees to obtain from a reputable insurance company, acceptable to the Government, liability or indemnity insurance providing for limits of no less than that which is prudent, reasonable, and consistent with sound business practices, or $1,000,000, whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, and $100,000 for damage to property suffered or alleged to have been suffered by any person or persons resulting from operations under the terms of this lease Grantees shall require their insurance carrier or carriers to furnish to the Lessee a copy of the policy or policies, or if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance by said grantee. The Lessee shall make such proof of insurance available to the District Engineer upon request The District Engineer may reduce the limits of liability insurance required, if the 9 ' A Lessee so requests and provides justification based on the level and type of services to be provided by the grantee The minimum amount of required liability insurance coverage is subject to revision by the District Engineer from time to time. The terms of this condition will not apply to Grantees which are self-insured Governmental entities 14 This lease is subject to all existing easements, and easements subsequently granted, for roadways and utilities and for other purposes located or to be located on the premises, provided that the proposed grant of any easement will be coordinated with the lessee in advance and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the lessee All outgrants on the premises will be granted in accordance with the approved project Master Plan 15. Within the limits of their respective lecal powers, the parties of this lease shall protect the project against pollution of its water The Lessee shall not discharge waste or effluent from the premises in such a manner that discharge will contaminate streams or other bodies of water or otherwise become a public nuisance The Lessee shall comply promptly with any regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency or any Federal Agency, and/or a State, interstate or local Water Pollution Control Agency having Jurisdiction to abate or prevent water pollution Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency or any Federal Agency, or State, 10 4 Of interstate or local agency are hereby made a condition of this lease The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Lessee's activities, the Lessee shall be liable to restore the damaged resources 16. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer and to such rules and regulations as may be prescribed from time to time The Lessee shall additionally provide an annual report on the types and quantities of pesticides used on the premises during the previous year as a part of the annual management plan (Reference Condition 2b) 17 This lease may be revoked by the Secretary of the Army in the event the Lessee violates any of the terms and conditions of this lease and continues and persists therein for sixty (60) days after notice thereof, in writing, by the District Engineer Such a termination shall not derogate or diminish such other remedies in law as may be available to the Government and in no way shall it act to relieve the lessee of its responsibilities and obligations under the contracts In lieu of revocation, the District Engineer, in his discretion, upon a finding that a 11 r A violation constitutes a health or safety hazard, may suspend the use of that operation or facility until such deficiency is rectified. (Reference Condition 12). The lease may be relinquished by the Lessee by giving three (3) years prior written notice to the United States in the manner prescribed in Condition 19. 18. On or before the date of expiration of this lease, the Lessee shall vacate the premises, remove its property therefrom, and restore the premises to a condition satisfactory to the District Engineer (normal wear and tear considered). If, however, this lease is revoked, the Lessee shall vacate the premises, remove its property therefrom, and restore the premises as aforesaid within such time as the District Engineer may designate, but not less than 120 days In either event, if the Lessee shall fail or neglect to remove its property and so restore the premises, then at the option of the District Engineer its property shall either become property of the United States without compensation therefor, or the District Engineer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account thereof. The Lessee shall also pay the United States on demand any reasonable sum which may be expended by the United States after the expiration, revocation or termination of this lease in restoring the premises. 19. All notices to be given pursuant to this lease shall be addressed, if to the Lessee, to the Director, Dallas Water Utilities, City Hall, Dallas, Texas 75201. The Director shalt serve as the sole point of contact 12 r A for the Lessee until otherwise mutually agreed to by the parties hereto It shall be the Director's responsibility to coordinate matters with the City of Denton. Notices to the Government shall be addressed to the District Engineer, Fort Worth District, Corps of Engineers, ATTN CESWF-RE-M, P.O. Box 17300, Fort Worth, Texas 76102-0300, or as may from time to time be otherwise directed by the Government Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper, addressed as aforesaid, and deposited postage prepaid in a post office or branch post office regularly maintained by the United States Government 20 The Lessee shall not remove or disturb cultural resources, or cause or permit such resources to be removed or disturbed, unless such is approved in writing by the District Engineer Cultural resources are defined herein to be any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity If previously unidentified cultural resources are revealed on the premises, the Lessee shall immediately notify the District Engineer and the site and material shall be protected by the lessee from further disturbance until a professional examination of them can be made and clearance to proceed is authorized by the District Engineer. For all future actions which may potentially affect known or unknown cultural resources, after initial park development, the Lessee shall be responsible for evaluation and potential mitigation costs, following all applicable guidelines of Federal preservation law. All such actions will likewise be coordinated in advance 13 .4 with the District Engineer. 21 The Lessee shall pay the cost of any electricity supplied to the premises and shall contract independently with the supplier for its own account. All electrical and communication lines to be installed on the premises shall be routed underground where practicable All electrical installation will comply with the current edition of the National Electric Code and/or the National Electric Safety Code, as applicable. Any lines which are to be installed overhead shall comply with Engineer Regulation 1110-2-4401 pursuant to this requirement and until this condition is amended, all overhead lines will meet or exceed the minimum low-sag point elevations specified in Exhibit D, which is attached hereto and made a part hereof. No facilities will be installed without written approval from the District Engineer, of plans for construction, in accordance with Condition 2. The Lessee shall be responsible for insuring compliance with all state and local laws governing water quality and testing of water supplied to the premises and compliance with all state and local laws and standards governing wastewater facilities. 22. The Lessee shall not discriminate against any person or persons or exclude any persons from participation in the lessee's operations, programs, or activities conducted on the premises, because of race, color, age, sex, handicap, national oriqin, religion, or place of residency The Lessee, by acceptance of this lease hereby gives assurance that it will comply with Title VI of the Civil Rights Act of 1964 as amended, (42 USC 2000d), the Age Discrimination Act of 1975 (42 USC 6102), the 14 A Rehabilitation Act of 1973, as amended (29 USC 794), and all requirements imposed by or pursuant to the Department of Defense Directive 5500 11, May 27, 1971 The assurance shall be binding on the Lessee, its agents, successors, transferees, sublessees and assignees 23 The Lessee shall not permit gambling on the premises, or install or operate, or permit to be installed or operated thereon, any device which, in the opinion of the District Engineer is contrary to good morals or is otherwise objectionable, or use the premises or permit them to be used for any illegal or immoral business or purpose, there shall not be carried on or permitted upon the premises any activity which would constitute a nuisance The Lessee shall not sell, store, or dispense, or permit the sale, storage, or dispensing of beer or other intoxicating liquors without prior written permission from the District Engineer 24 a The Government will take all reasonable precautions to prevent damage to the park environment and to avoid disruption of park operations and recreation activities which might be caused by future mineral exploration and recovery activities. The Government will inform the Lessee in advance when such activities are proposed and will give due regard to the Lessee's comments and recommendations regarding protection and mitigation measures, as long as these measures do not abridge the lawful rights of the mineral estate owners b As to federally owned mineral interest, it is understood that they may be included in present or future mineral leases issued by the 15 Bureau of Land Management (BLM), which has responsibility for mineral development on Federal lands. The Department of the Army will require lease stipulations to BLM that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local laws IN WITNESS WHEREOF, I have hereunto set my hand by direction of the (ZI.+ ) Assistant Secretary of the ArmyJpUlr-~ this 137h day of '~bw(y ivL , 19~ Gordon M Hobbs Assistant for Real Property OASA (I L&E) This lease has been executed by the City of Dallas on the 14 day of 19~0, and by the City of Denton on the pock day of 19~ CITY OF DALLAS CITY OF DENTON Richard Knight, Jr., City Manager ,14 BY BY (SEAL) Syfytl'nt -C anage BOB CASTLEBERRY Mayor APPROVED AS TO FORM- Analeslie Muncy, City Attorney ATTEST BY J~ enn er waiter ' City Secretary BY APPROVED AS TO LEGAL FORM BY O e r A01111111 y Attorney 16 CERTIFICATE I Barry J Davis , certify that I am the Assistant City Secretary of the City of Dallas, Texas, named as Lessee herein, that Clifford V KeheIey , who signed this lease on behalf of the City of Dallas, Texas was then Assistant City Manager of the City, and that said lease was duly signed for and on behalf of the City of Dallas, Texas by authority of its governing body and is within the scope of its corporate powers (SEAL) I RAtt'g William , certify that I am the De y ritV Carratary of the City of Denton, Texas, named as Lessee herein, that Bob Castleberry who signed this lease on behalf of the City of Denton, Texas was then Mayor of the City and that said lease was duly signed for and on behalf of the City of Denton, Texas by authority of its governing body and is within the scope of its corporate powers. (SEAL) 17 drw -L'"xePt:!d LL V L19 HX3 N e W < A r w • z At O W _ F W W OTC O ¢ < < d H W O Z m > co dc Oi W W 0 a J J a O cs O cc ~u< ►-a U < < < 0 DI D 1 0 tae , F-F- O? .O as = V 2 qPV3~rF~f4tjl < m alt 4 V 4c u 77, S J'~i ~I l f W3 J~ J .JUJ W oa > 1i► a •aYli a 1 < Q 1 NOlw! Ol > y Exhibit A-1 Recreation Area and Acreage Isle du-Bois Park 1687 Acres Johnson Branch Park 1514 Acres Pond Creek Access Area 20 Acres Sanger Access Area 20 Acres Pecan Creek Access Area 48 Acres Buck Creek Access Area 11 Acres Jordan Park 350 Acres Low Density Area between Isle du-Bois Park and Jordan Park 461 Acres r r r Exhibit A-1 Recreation Area and Acreage r Isle du-Bois Park 1687 Acres Johnson Branch Park 1514 Acres Pond Creek Access Area 20 Acres Sanger Access Area 20 Acres Pecan Creek Access Area 48 Acres Buck Creek Access Area 11 Acres Jordan Park 350 Acres Low Density Area between isle du-Bois Park and Jordan Park 461 Acres • Y ~ w SE SE a SEGMENT INOER l I ti J 20J1 pOj a J \Li MI i i L.NGS iCH I W LL E ] ' ~ WIL 1~ / ~ 230 \ I p q $URV[Y 303 CON \ A c 1~ ~ L,'~~r" \ 1 ~ if5 r 1 L 3 8 r 7 ~ mT 1 «v 1 C v SURVEY M1 ` 0 39 03' 20 :29I 209 1 233 } 2 J 2~3 J ~ y 33 2$ WLL .M` SYL O[ HA WIL LIPM$ I T1NZT ~«v~...~a.~o.. a>va~ Lvma r.eoe rw SURVEY . 1322 SURVEY A 12$3 T is EXHIBIT B Lease Area Sheet 1 of 9 M w SE 3 i NN l~ A 44 pco ' LL LV WNORTON 2R1f d 3JR Yfv ~'-PART Of ISLE EuBOIS PARK SURVEY VEY U la} . 360 r 2a l ils SYLVESTER WLL 4MS URVEY 1 1333 / I N 47 li SE W SEGMENT INDEX pdvlD h vdncE HAN4AA ESTES YS RVEY A 13[7 ~ A 669 De ~ J 6R 11Vr gME9 WI ON OT 6 Sv EY 0 ,aO3 SEO 2 A 629 ]ox ` eNgNDd C NdaR4 IwELtN 1 )01 i a u A v EY fSURV Joe 9 RVEY SL RVEY A 1410 1 S a f ~ V ^ ~ 425 \ ANT ON 0 ERMANOEZ 33a \A 399 Sag A 4 L E ,Ky AMES ZDo, 5 U R v E Y \ ~1." 1C 1 ] 1 a e \ 9291 ]9 ~ ouau \ > x iN A MAVNAR~ P 8 15 u VIN~ H9X~ U R E 1 i ?xJ Sq 875 1 ]11 ~ \ ILT J~ A 332 " 313 ue PART OF AYNE3 ANDREW MATTHEWS R ISLE DU BOIS PARK e YIRAM M THOM PSON 4 65 MO 9ULLNN a v 1]]] 333 SUR EY 9U RVEY SURVE A 634 319 y ~ 1 \ P 937 WILLIAM A 12)9 WILLIAM \STONNA GORf-N URVfT ~L<t9{ \ \ \ R ~vA A 1144 VA~ \ S u R U E Y r r ES y n SEa 2 A 491 I Exhibit B Lea9e Area Sheet 2 Of 9 N A I 9 SE MENT INDEX s s - 1 >A R CN O N E E l f EJRY p 2~ N n CNN gTgC R" LRVET S 4 -R J 916 _ 31 0 ~JO N giglC 1N0 29 y~l2~0 W VTUFf I \ JAMES O 9 l z ~J Uq E ~ P 9 t 9 ` RJEY/ q A ~ ~ wIL SON i ♦ 1]z i i eaz ` _ ~ J Rtw Iw MATTREI MI N1 \ 0.1 CL SIR 2) S 42 G 405 MA S O v3URVET s R -1 A ~ Cff ~.64 A 110 ~ •tS Y r~'~ ~ 6S9 SEG ) =f SURREY O _ J1 \ JAMES TREWS f / CURVE PART OF JOHNSON BRANCH PARK / 1~ rn y \ O zo O i 0 i BBI SURVEY BSS azA ♦ Ha ~ 432 1 _ ~ 1 REDERICN M NCR MARSH W N A MAYNARD SURVEY ♦-613 I Oa SURVEY S-'- I 111' NCR \ 421 I A-680 RAM W 011LY r\ O6 9URVEY 4 6754 834 p Ol _ SUR 6v 1 O IN A as II 0 NIR 1N M~ r TNOMP6JN J SUP \ , I` I i 218 WIL LIiY f Cox a SEG I •Dp~ I C SUP JEY 6l Exhibit B 1 Lease Area Sheet 3 of 9 at$ t tt~+ M- Abe %44f ~gr~NE a N till I sRZ - a 1 i 1 t I Y I u P h aE9NE I r I J L SURVEY 0 OE T- r ACCESS AREA ca ce qd i Exhibit B Lease Area ~k Sheet 4 of 9 I ®JM W~ I S RiM ~ MOBN.V4 V OvES E > 69I ~T J~IIR Siq C > p POND CREEK ACCESS AREA t I sta ~ i II50 rEGMENT INDEX N SEGMENT INDEX 1 9CP'a JAMES 0 WILL u _ R4DG„Ip1 , w ~ ~-o w s afa l I 5 ` SURVEY I =g 1 - M 4 PI IN TER f r F R'Y y y tl y y _ _ _ it, Ix. • O Nx T d I p _ _ sex ua v a~T .N 1 PpTRI<R P $4, as $14 e O E t y .~9 1 I WALNf OMX T I L W 9 C TER ` I J ` '1 1 NO J N M } Y LOUIkM L II[LOtl t3a IM MOST IQ ` f t CNPOW t FITZGERALD PETTIT SU V i tl] 1 p ! ax 1 • 1 SURVEY SORTEY µ SURVEY [ \ I NS U U} I N I 'Y a4 1 1 1°. VVV SURVEY . •rD I? ' r c SURVEY I I I . T II PECAN CREE ACCESS AREA No L Ia Da ND 4 I ♦eIt sz!] a] Iy 611 aN a10 WI11, MA0180N L I 03 MRg E I I~ JAMES .Oa L IILL URV SURVE NVi + MATT W 610 BURVCY 11 I[ E HP IW a03 A- ua 1 a _ A aL I lei y 11i ~ .1= Dn gyp` CARTER v SUR, r 1A 101' I I MADISON Woos 9 wa MARTIN LANDaro aN O y I r-y- J--i- ~ suav[T SUR LY ~ ~I 1 I as 0o .N 9uavfY .w am •-!I it _ I • 1099 ~ h L ~ JOMH A } ]a ar~s S~ A-EaT 1 ~1ML8 i LTTIE !90 S t SURVEY I rN ..T..' LE = = Y. ww.. w t M1 au M1F.rr .r. 7.4.www w 0 t N444 FAY N. wM wMM FIY Gw N awlMw til ]GNMIN Iw MNIw u~w\YfwXY M w~411 M M1UN 4. Y awI..GYwv FwINGNIY GNrM . =rwwM1 fN w Y~ W ~ x~ N t. y ~ wf 0~0'IIN.fwwN ►MW.,rwY tYNwI F.N<FN IM %a. Exhibit B Lease Area Sheet 5 of 9 pM N y d SEGMENT INDEX COOKE Co SCHOOL LAND$ f SURVEY I J SELF SURVEY -I 1 1 818 1 n zos I I I n zoe I I I I I I I I I JOHN GRE00 [y 1E! 1u E) _ - L L J TW N 1 1A] [ [N A MATHEW 31 FY1. [ 1 IIN [A R EAT `x]I FERRY 4 IISI i EHI SUAVE N A 66B II' 1)I \ \ ~ [Y NENNICAV MINI )3 /W\ 1b\\ jURVEY \ U [T 13l J WELCH 9JPVET » RE 0CA10N SO, 1T9 \1 5 ~1 RAY r' _ ! M IW N \ \ A 506 I I A 3% f) 9 [ x A .5 \ 12, s \ cx II [ DS u A A A~ A\~ SfG l 5 ES d \ VAWEL LH THOMA9 \MAPR14, 10 Ex to ' RICHARD WE Lt" \ \ \ \ ~T _ 911AvE UpV )x ~J! \ Y E, SURVEY IHa luJ \ s 39 6 EY \ \ 1 \ NRO M \ \y.\ \ a~f \ _ 3 0 BEVER9 w \ \ I ` SLAVE Y_ 10SURVEY [i \ ] 12a WILL AV BIADEN IL-~ n 1511 G V v + A v 1 1 [i A 569 JOHN Jo« sOH --(y\, \ 'N yyryfY f oc-r-_~ v I ,rcWNWN B7µCN PARK AS - WELCH NN 6 RVE \ ON VERL A 69 AS PIEMAMJN FI\N n 1 AST ~V Iz~ v 1!l SURVEY /3 `o.7 E-Y 11q\~ N1flVEY A 506 I \ I C E PI6M 1 A 13]W \ 416T3 \ \ y, 9URVEY ~~1 ~~~III ref i ~ A A 1195 F I1/ \ RpIATHER IW V SURVEY J 9TRICRLANO :DE 1V10\ II \ \ NC DANIEL MID 4 039 SURVEY 111 E« URVEY A 1527 O A nTE I JC CAMPBCLL \ J. JONES y SURVEY WNCE WINNA SURVEY ESTES wrzs 1 \ nw 1 A 1616 Ma Mi. I A 669 WRAY PETER FRIEND , A 389 SURVEY I1G[ I n ISD I I SURVEY $ED a A 425 11 ` NW wN._ I Exhibit B Lease Area sheet 6 of 9 " ` ` , ....t ...a . x.< ....a.._......) ..Alt...3 r,... _ _„r ....5'i A. JC.. 'jP, W1l.r' _ N SEG 13 RDEM 49 III N A 7 ~ aa i S G 5 01 , L ARWAR c v_r-_ O O l ` 0' A WILLIAM N WATS ON sI E -1 suflv[r SURVEY !`S I/\\ -9 i OO A 1156 e ^ R - A Boe J 5s ~ EC ' ~ 1 wl ~ I x pc w \ l ti a r ~E_ rr A_ r AOA o I 42 wM CALDWE l SURVEY p 20Y ~1 g5 3 oz O piN pN / T[ I CSE E ES_ o WILLIAM HURT I rXELL 5 q S O Z \ IIHVEY ~.l N a i ryb SURVEY s To 61 9OB A'6 A 525 CCO CC I co E O pE 10 p = < AO ~ A 66 0 vpN 0 C C E 0~ IC N NIVL Y I 1 z! E c c j SURVEY a 6 ANORFW4 BEARD W q a MARSH J SURVEY Y 1 Nio I r 1421 SURVEY 1 _ p Esc i A 939 A 041COONE I A 21 W A 520 DENTON 00 r -.0 ON BUTLE IJ F SMILEY SUPVEY A 09 I 1 ! \ NSF SUPVE E A 1215 E10 ENRY~ LBROON N BRYAN a \ SURVEY ♦ 6 6 RY 1909 I SAMUEL FLINT - u + \ SURVEY HANNAN ESTIS /~i IA~e • A'S SURVEY A 389 AM 4NC NP RflI SURVEY SEA V Exhibit e A yyl LeaS Leasee Area Sheet 8 of 9 SEGMENT INDEX 1 Ip r I f II 11 II 5 II i~ II 11 I sao Is i ~ 25 FS b p Exhibit B Lease Area Sheet 9 of 9 Y v ! 4M L N IA if V~ 7 SEG 6 I Ii Alm 7j ~ Y '1 I 'a i • ~ ' ~ Y..r s s i ~1 rid I ~ ` I d „ d~ I MKIL 1 u411 , i ,r r , (Exhibit C Sheet 1 of 16 4 w" ` } V I s y ~ / I ~aa r I s 1 I All Ilk EiMil W i 'E -fill fro ii s .I Exhibit C Sheet 2 of 16 ~I I ~ A k, I Exhibit C Sheet 3 of 16 n I s I w I w Oop~ j w el 000 f 1 6 I B'S ~ ! e L j Lll~ 1 k `n> > E n ~ a w ~ N y 1 `y~`y y~ t,at<a i- t t 1 . I' ( 1 1 1 i a M r M t r f . S131YY .sin a ° Exhibit C Sheet 4 of 16 t ai w ' f !a~ ~w ♦ i It 1,. j I~ R A w M V sI Exhibit C Sheet 5 of 16 •nw • l f ttn I" 1 n 1 • I w i I ;t LL® ~ Tpl••.~■ tl 1, IJJ~t.1 4 i I. I. I. r rr r 1 J I r 1 r r • I I 1 I ~ 4 ~ ^ I t ~ ~4t • ` r r i ! f I' I ~ 1 i ~~~jM Pr® o~oop' • Exhibit C ! Sheet 6 of 16 • w • w w t I ~6 w O' y X t ~ rn ~ ~ V 1 I ~ P ~ I I 11 jr • %~s/ ~ ` 1, \ J t,\ X, Q 1 I l pow - I \ . Vlb w giltt / ~ wM• 1111 r ♦ y ! ~ ~ 1"rte. y,. - A, r.•....". r ".i ` ~ V ~ ~ X M X IL e 1 Exhibit C Sheet 7 of 16 . I t I 6 r F e r ri f I NI + s 1' w I I ~c • n I o ` w N ♦ ...mow. .w I 1 i t ~ i t , 11 I 1 I " ~►i Iq ®®a'oq oil Exhibit C Sheet R of 16 I ~ I • n I a w M I' 1 I ; i I n i 1 `vr Y '1 s Exhibit C !lj.r° t i Sheet 9 of 16 y r ~ ~ '.r 411 i I ~ T ~ L I. I_1 I., w, E . t i ~ I I 1 y M 1• M .Y ~ +l ' t le I I w w I Exhibit C Sheet 10 of 16 ~ • • n 1 • 1• Iti WI W f le J 1 1 , lliil ttt ~t ~w lµ r w r 4 Q ~L ' 4as % -I t 4 l4 we ~ 1 M i~ i t yV c' J Ott; rl ~r'~ t \ I `\t ~/rl/nf I \ ~ t~l L ~S r ,m t , YIL`A 7 ~I ~ ~Ily \ ' l ~ ~ r l 1 !f t I ~44e•e F t l + p Y `r rf I I° Exhibit C Sheet 11 of 16 eYr+rr•rlw.rw.•.. _ ..~..w I I S I I { ~ YI4Y »I 11 w YII 1 ` i t 5 r ~I s ~ t I 1 Ir ~ 1 ~ I F{Q +I ` ' i i r ^ III ~ ~ 1 ~~M I I ' 1 rl P I ) I f i I r ~ `Y r r ' S l II ) 1A I + to rrr.. Exhibit C Sheet 12 of 16 r 11 II A ~ \ t I~ ~ ~ 1 g a r r / 1 t 1 1 ✓~I'~t 1 ' ~ M ~ 1 ' I I i F ~ J t, ! 1 ,i i 111 ~t I t !py \ ~'e \ i , ~ I Iff\ \ Ati ~ P 11 . It t t , l I ! , ~ 1 7PP"t . ~ \ \ l ~ \ w ~ J ~I III I~~`y6 L~~;e ~~~t \~•a-.1 s`\\ / J i I I t h ,i ~\1 . % % 111\`' \ ' 11\\r1 \t,~ tt Cf/1' ' `t\ A A I AIR ►Np , t 4 I I ~ y_, r~ 1 1 t a Exhibit C Sheet 13 of 16 \ I ,y 1 p' ~ ~y 1 F !1 1 5 , u l \ e n Jyry ( / \ - I 11 V T , f iyI f,) ~ V ~ ~ I I , 111 I R l /t I SI 4 1 t , F ~ - pii I y N 1JI \ U T~ ~~11 • J Jill I IFS- ~ it !p!! ~ ~f 1 I \ I 1 1C ~Jy - 1 \ \ 1 C 1 r ~ 0 9 4~ O \ 11 A ~ t s w5 II~ ~ t 1 I Exhibit C I N , . Sheet 14 of 19 • • n o n 1 f _ 1 \ I r I ~ 1 1 I 4 ' ~r 4 1 / f 1 ~ u II L `1 1 I U 1 \ I J / = Kvu}'Mt!Rbilr.t.yR ~I I J ~ ry I r 1 ~ I ` ( ti 1 LI' , r ~ /I I = 1 I 1 1 I 1 ,41, 1 ~ I I i~ ` I I 111 1 f ~ I, } 1~ 1 I 1 I I-V I 1 1 t I ij ~ I r I p L t II- I S ~ ~ l ~ I 1 ` i ( / ~ ~ `1 C 1 11~ 1 I =i~ s E ' i 11 - I I Exhibit C Sheet 15 of 16 . w \ r 1 1 jj~ yj4 ~ 1 1 I y 1 ~ \ V'4 Y 1 I fly + 1 ~ II i ♦ ~.11fM I M , 11 I • I I / I I ~ 1 ,A 5 [4 I~ 1 .a.\ 1 I n r MIT f X \I Mfr 1 1 \ \ r e ` /Jo 4 >1 ~ 1 1 1 / 1 ~ Y / ` 1 f 1 I 1 ♦ 1 \ 1 X 1 ♦ F 1 1 111 1 \ p l{ 1 - X11 Y tt II _ 1 1 d 11 ` ` 1 f \ \ 1111 y" /tier ♦ / \ \ / 1Y~ ` ♦ IN fill 1 ` 1 \ 1 1 r 1 . II 1,1 M~J l ' 1 \I' 1 ♦1 ~ C I 1 ` 1 \V \ r 1 { X i s i - - w Exhibit C Sheet 16 of 16 COMPS OF ENGINEERS LAKES, FORT MTN DISTRICT LON IAG ELEVATION OF ELECTRIC AND COINAINICATION LINES (Alf EA 1110.2.4401 (5 BAD 16) FLOOD SOYA Lao Nirs Clearance Above Basic later Elevation LIN NIAE CONTROL FLOOD 1A6 LASE FOOL FOOL 0-17AN AS 11SAN 116-1611V 162-23UN 231 34SRN 316-SMN $01-76SRN EIEV (NSL RAT ROBERTS 640 5 640 S 55 615 S 6% 5 57 697 5 690 5 60 100 5 64 704 S 69 709 S NOTES 1 Sailboat rigging and launching gross shall have clearances of S feet greater than those given above 2 All indicated voltages are phase to ground Nye circuit voltage Oust be converted to this basis to detersins clearances 3 too voltage coagunitetion lines as defined in Section 2 of NESC, (1981 Edition) shall have a nnimua vertical clearance of 52 foot Exhibit D THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the revised tariff for the Cooperative, attached hereto as Exhibit B and incorporated herein by reference, which reflects the percentage 1 in Exhibit A, attached hereto ai is approved for implementation 1991 Such tariffs shall apply and after April 1, 1991 The herein approved, shall continue amended, or withdrawn in accor, icrease to each customer class shown d incorporated herein by reference, within the City effective April 1, to all electric service rendered on tariffs, including rate schedules, in effect until changed, modified, lance with applicable laws SECTION II The enactment of this ordinance constitutes, on the date of its final passage, a final determination of rates for the Cooperative within the City in accordance with Section 43 of the Public Utility Regulatory Act SECTION III If any section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid or unenforceable by a Court of competent juris- diction, such decision shall not affect the validity of the remain- ing section, sentences, clauses, or phrases of this Ordinance or the ordinance as an entirety, it being the legislative intent that the provisions of this Ordinance are separable and that the Ordinance shall continue in effect notwithstanding the invalidity of such section, sentence, clause or phrase SECTION IV The City Secretary or other officer of the City is hereby directed to certify a copy of this ordinance and send it to the Cooperative SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the y` d day of , 1991 ATTEST JENNIFER W,A_~Lo!TERf SI,~ CITY SECRETARY BY ~.UN\\~AY L W APPROV AS Y LEGAL FORM DEBRA A DRAYO ITCH, CITY ATTORNEY BY PAGE 2 EXHIBIT A DENTON COUNTY ELECTRIC COOPERATIVE RATE INCREASE BY CLASS DOCKET # 9892 COOPERATIVE PRESENT REVENUE AGREED RATE CLASS REVENUE INCREASE INCREASE Residential 24,654,423 2,188,020 8 67% Public Buildings 930,491 102,896 11 06% Small Commercial 1,652,938 159,938 9 68% Industrial 2,845,804 301,584 10 60% Lighting 430,535 59,512 13 82% Other 143,910 80,230 55 75% TOTAL 30,658,110 2,892,180 9 43% Exhibit "B" TABLE OF CONTENTS FOR THE TARIFFS OF DENTON COUNTY ELECTRIC COOPERATIVE INC P a g e Section I UTILITY OPERATIONS 101 Description of Electric Utility Operations I-1 1 Organization I-1 2 Type of Service I-1 I-1 3 Service Area A Certification 1-2 1-2 B Counties 1-2 C Cities 102 Purpose and Scope of Tariffs 1-2 103 Applicability of Tariffs I-3 1-3 104 Severability 105 Modification of Tariffs I-3 I-3 106 No Waiver Section II RATE SCHEDULES 201 Rate Classification and Assignment II-1 202 Rate Schedules II-2 1 Residential II-2 2 Public Buildings II-5 3 Public Buildings-Interruptable Load 1000 KW or Greater II-8 4 Commercial II-12 5 Industrial II-15 6 Industrial - Interruptable Load 1000 KW or Greater II-18 7 Industrial - Over 5000 KW 11-22 -i- P a g e 8 Lighting Service 11-28 203 Billing Adjustments II-30 1 Power Cost Recovery Factor (PCRF) II-30 2 Sales Tax II-31 3 Overbilling and Underbilling II-31 4 Power Factor Adjustment II-31 5 Franchise Tax Adjustment II-31 II-32 204 Service Fees 1 Trip Fee II-32 2 Membership Fee II-32 3 Returned Check II-32 4 Meter Test Fee II-32 5 Switchover Fee II-33 6 Delinquent Commercial 6 Industrial Accounts II-34 7 Tampering Charge II-34 II-35 8 New Account Fee 1I-35 9 Auxiliary Fees 10 Special Bill Handling Fee II-35 II-35 11 Load Data Fee 12 Environmental Audit Fee II-36 Section III SERVICE RULES AND REGULATIONS PART 1 - OBTAINING ELECTRIC SERVICE 301 Application for Electric Service III-1 1 Application Required III-1 2 Membership in the Cooperative II-1 3 Offer to Purchase Electric Service III-1 302 Establishment of Credit 11-2 1 Amount of Deposit III-2 2 Reestablishment of Credit II-3 303 Cooperative Action on the Application I I-3 1 Granting Application I.I-3 -ii- P a g e 2 Refusal of Service III-3 A Credit III-3 8 Fulfillment of Conditions Precedent III-4 C Indebtedness III-4 D Membership I11-4 E Hazardous Condition III-4 F False Name or Other Artifice I11-4 304 Contract for Service III-4 1 Terms of Contract III-5 2 Conditions to be Fulfilled by Applicant or Customer III-5 A Comply with the Law III-6 8 Comply with Service Rules III-6 C Customer's Installation III-6 D Easement III-7 E Construction Costs III-7 3 Assignment of Contract 111-7 4 Modification by the Parties III-8 305 Line Extension III-8 1 General Policy III-8 2 Permanent Residence III-8 3 Non-Permanent Residence III-10 4 Other Line Extensions III-12 5 Subdivision Developments and Mobile Home Parks III-16 6 Underground Service III-17 7 Temporary Service III-17 8 Area Lighting/Security Lighting III-18 9 Line Clearance III-18 10 Ownership of Distribution Facilities III-18 11 No Refund of Aid to Construction III-19 12 Deferred Payment Plan III-19 13 Relocation of Facilities III-19 306 Meters III-20 -iii- P a g e 1 Location and Installation of Meter III-20 2 Type of Meter and Ownership of Meter III-21 3 Limitation of Service from Single Meter III-21 307 Point of Delivery III-21 308 Initiation of Service III-22 PART 2 - ELECTRIC SERVICE 320 Electric Energy III-23 1 Delivery of Electric Energy III-23 2 Characteristics of Electric Energy III-23 321 Method of Providing Service III-24 1 Overhead Drop Service III-24 2 Underground Electric Service 111-24 3 Mobile Home Parks III-25 4 Apartments III-25 5 Connections at Point of Delivery III-25 322 Continuity of Electric Service III-26 1 Reasonable Diligence III-26 2 Service Interruptions III-26 3 Service Irregularities III-27 4 Investigation of Service Interruptions and Irregularities III-27 5 Liability Indemnity and Disclaimer of Warranties 111-27 323 Customer's Receipt and Use of Electric Energy 111-28 1 Receipt of Electric Energy III-28 A Exclusive Use 111-28 B Customer's Installation III-28 2 Customer's use of Electric Energy III-28 -1v- P a g e A Permitted Uses III-31 B Resale Prohibited III-31 C Interstate Transmission of Electric Energy Prohibited III-31 D Uses Prohibited by Law III-31 3 Customer's Electrical Load III-32 A Load Balance III-32 B Allowable Motor Starting Currents III-32 C Intermittent Electrical Loads III-32 D Equipment Necessary to Limit Adverse Effect III-33 E Voltage and Wave Forms Sensitive Equipment III-33 F Change in Customer's Electrical Load I1I-34 4 Power Factor III-34 III-35 5 Access 6 Protection of Cooperative's Facilities on Customer's Premises III-35 III-36 324 Billing 1 Determining Usage of Electric Energy III-36 2 Meter Reading III-36 3 Estimated Billing III-37 4 Meter Test and Accuracy Adjustment III-37 5 Minimum Charges III-37 6 Terms of Payment 111-38 7 Disputed Bills III-38 8 Deferred Payment Plan III-39 9 Cancellation of Agreement III-40 10 Average Payment Plan III-40 325 Customer Relations III-42 1 Available Information 111-42 A Facilities for Providing Electric Service III-42 B Cost of Providing Service III-43 C Tariffs III-43 D Meter Reading III-44 2 Customer Complaints III-44 -v- P a g e 3 Refund of Deposit During Service Period III-44 340 Small Power Production and Cogeneration 111-44 1 Obtaining interconnection III-45 2 Parallel Operation III-48 3 Sales to Producer III-55 4 Purchases from Producer III-55 5 Definitions III-56 PART 3 - DISCONNECTION OF SERVICE 350 Customer Initiated Discontinuance of Service III-58 1 Customer's Request III-58 2 Disconnection III-58 351 Coope rative Initiated Discontinuance III-58 1 Reasons for Discontinuance III-58 A Nonpayment of a Bill III-58 B Deferred Payment Plan 111-59 C Interference with Service III-59 D Failure to Make Application for Service III-59 E Refusal of Access III-59 F Default on Guaranty Agreement III-59 G Backbilling III-59 H Hazardous Condition III-60 I Meter Tampering III-60 2 Notice of Disconnection III-61 A Proper Notice Prior to Disconnection for Nonpayment III-61 B Disconnection Without Notice III-62 C Disconnection After Reasonable Notice III-62 3 Postponement of Disconnection--Medical III-62 4 Effect of Discontinuance of Service III-63 A Customer's Obligations III-63 B Cooperative's Rights III-63 5 Dismantling of Cooperative Facilities III-64 6 Liability for Discontinuance of Service III-64 -vi- P a g e 7 Refund of Membership Fee III-64 8 Refund of Deposit 111-64 PART 4 - DEFINITIONS 370 Definitions III-65 1 Agreement for Electric Service III-65 2 Codes III-65 3 Commission III-65 4 Conductors Considered Outside of Building III-65 5 Connected Load III-65 6 Contribution in Aid of Construction III-65 8 Customer III-66 9 Customer's Electrical Load III-66 10 Customer's Electrical Installation III-66 11 Demand III-66 12 Demand Interval III-66 13 Distribution System III-66 14 Dwelling Unit III-66 15 Electric Service III-67 III-67 16 Energy 17 Inspection Authority III-67 18 Kilowatt III-67 19 Kilowatt-Hour III-67 20 Load Factor III-67 21 Maximum Electrical Load III-67 ITI-67 22 Meter 23 Permanent Electric Service Iii-68 24 Permanent Installation III-68 TT 1-68 25 Person 26 Point of Delivery I i-68 I-I-69 27 Power 28 Power Factor III-69 II -69 29 Raceway 30 Rate Schedule II -69 -vii- P a g e 31 Service Availability Statement 1II-69 32 Service Drop III-69 33 Service Entrance Conductors III-19 34 Service Rules and Regulations or Service Rules III-70 35 Tariff(s) 111-70 36 Temporary Electric Service III-70 37 Watt III-70 38 Watt-Hour III-70 Section IV FORMS 401 Agreement For Electric Service IV-1 402 Electric Utility Easement and Covenant of Access IV-3 403 Deferred Payment Agreement IV-6 404 Contract of Guaranty IV-7 405 Agreement for Interconnection and Parallel Operation of Cogeneration or Small Power Production Installation 100 KW or Less IV-9 406 Addendum to Agreement for Interconnection and Parallel Operation of Cogeneration or Small Power Production Installation, 100 KW or Less IV-13 407 Average Payment Plan IV-14 -viii- DENTON COUNTY COOPERATIVE INC Tariff for Electric Service SECTION TITLE UTILITY OPERATIONS APPLICABLE TO ALL AREAS SERVED I STAMP UTILITY OPERATIONS 101 Description of Electric utility operations 1 Page 101 1 Organization Denton County Electric Cooperative Inc is an electric cooperative corporation organized and operating under the Electric Coop- erative Corporation Act (art 1528b V A C S ) and the laws of the State of Texas and is owned by its members The Cooperative's business affairs are managed by a board of directors who are elected to the board from and by the Cooperative's Customers in accordance with the provisions of the bylaws 101 2 Type of Service The Cooperative provides electric utility service through the operation of a retail electric distribution system The Cooperative does not engage in the generation of electric power but instead purchases all of its electric energy requirements from Brazos Electric Power Cooperative Inc 101 3 Service Area A Certification The Public Utility Commission of Texas authorized the Cooperative to provide electric utility service by the issuance of a Certificate of Convenience and Necessity DENTON COUNTY COOPBRATIVB, INC Tariff for Electric Service SECTION TITLE UTILITY OPERATIONS APPLICABLE TO ALL AREAS SERVED STAMP on I I 2 Revision Page B P1 Counties The service area of the Cooperative includes all or portions of the following counties Collin Cooke 1 Denton Grayson Tarrant Wise C Cities The service area of the Cooperative includes all or portions of the following incorporated municipalities Denton Frisco Lewisville Little Elm Lincoln Park Flower Mound Highland Village Northlake Crossroads Copper Canyon Bartonville Fairview Double Oak The Colony Argyle Carrollton Aubrey Krugerville Sanger Lakewood Village Hickory Creek Oak Point Hackberry Corral City Plano McKinney Prosper Allen 102 Purpose and Scope of Tariffs These tariffs define the service relationship between the Cooperative and persons desiring or receiving electric utility service from the Cooperative DENTON COUNTY COOPERATIVE, INC Tariff for Electric Service SECTION TITLE UTILITY OPERATIONS APPLICABLE TO ALL AREAS SERVED STAMP I 3 Revision Page 1 103 Applicability of Tariffs These tariffs govern the provision of all electric utility service by the Cooperative in all areas in which the Cooperative provides service except as may be precluded by law These tariffs supersede and annul all prior tariffs including service rules and regulations by whatever term I designated which may heretofore have governed the supplying and taking of Cooperative's electric service 104 Severability If any provision of this tariff is held invalid such invalidity I shall not affect other provisions or applications of this tariff which can be given effect without the invalid provision or application and to this end the provisions of these tariffs are declared to be severable 105 Modification of Tariffs This tariff may be changed modified or abrogated in whole or in part by any regulatory authority having jurisdiction to do so whether or not at the request of the Cooperative a Customer or otherwise Any changed tariff shall be applicable to service provided from and after the effective date of such change This tariff may be changed by the Cooperative's Board of Directors to the extent Texas law does not require approval of changes by a regulatory authority 106 No Waiver The failure of the Cooperative to enforce any of the provisions of this tariff shall not be considered a waiver of its right to do so 1 DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP section aneet no II I Revision Page 201 Rate Classification and Assignment Rate classification and assignment shall be made by the Cooperative in accordance with the availability and type of service provisions in its rate schedules Rate schedules have been developed for the standard types of service provided by the Cooperative If Customer's request for electric service involves unusual circumstances usage or load characteristics not regularly encountered by the Cooperative the Cooperative may assign a suitable rate classification or enter into a special contract Any special contract shall be filed with the regulatory authority having jurisdiction thereof DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP section II Revision 202 Rate Schedules 202 1 Residential A Application Applicable to all Customers with a maximum demand of less than 35 KW taking the type of service described in this rate schedule for all of the electric service supplied at one point of delivery and measured through one meter used for the following purposes(s) (1) for domestic uses associated with the operation of a single family or multi-family residential installation Not applicable to temporary or shared service B Type of Service Single phase or three phase service at the Cooperative's standard secondary distribution voltages where available Where service of the type desired by Customer is not already available at the point of delivery additional charges and special contract arrangements may be required prior to service being furnished C Monthly Rate Each billing period the customer shall be obligated to pay the following charges C C DENTON COUNTY ELECTRIC COOPERATIVE, INC IIV V v3` y Tariff for Revision Page Electric Service PUC SECTION TITLE STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED (1) Customer Charge $8 25 per meter This charge is for the availability of electric service and (2) Energy Charge Summer May through October billing periods inclusive S 0733940 per KWh for all KWh Winter November through April billing periods inclusive C k First 700 KWh 0 $ 0733940(! per KWh over 700 KWh @ $ 0633940 R per KWh C D Minimum Charge Each billing period the Customer shall be obligated to pay the following charges as a minimum whether or not any energy is actually used (1) The customer charge and (2) Any amount authorized under the Cooperative's line extension policy for amortization of line extension costs E Billing Adjustments This rate is subject to all billing adjustments C DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP on II 6 Revision Page F Agreement rv An agreement for electric service with a minimum term of 1 year or more shall be required by the Cooperative The maximum term shall be determined in accordance with the applicable line extension policy This rate schedule may be changed by order or consent ofI regulatory authorities having jurisdiction or if none by they Cooperative's board of directors Service hereunder is subject to the Cooperative's tariff for electric service 11 DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II I 5 Revision Page 202 2 Public Buildings A Application Applicable to all Customers taking the type of service described in this rate schedule for all of the electric service supplied at one point of delivery and measured through one meter used for the following purpose(s) public buildings including schools churches and community halls B Type of Service Single phase or three phase service at the Cooperative's standard secondary distribution voltages where available Where service of the type desired by customer is not already available at the point of delivery additional charges and special contract arrangements may be required prior to service being furnished C Monthly Rate Each billing period the Customer shall be obligated to pay the following charges (1) Customer Charge $15 00 per meter 1 This charge is for the availability of electric service r and (2) Energy Charge-For Non-Demand Metered Accounts (under 35 Kw) Summer Winter May through November through October billing April Billing Periods Periods $0 733940 per KWh First 700 KWh at $ 0733940 Over 700 KWh at $ 0633940 R DENTOM COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II I 6 Revision Page N This charge for the delivery of energy shall be applied to all KWh usage during each billing period for service locations which are not demand metered or Energy Charge-For Demand Metered Accounts (35 KW or greater) N First 150 KWh per KW at $ 0820950 S over 150 KWh per KW at $ 0500 R This charge for the delivery of electric energy is applied to N all KWh usage during the billing period for service locations which are demand metered Billing Demand is the maximum kilowatt demand for any period of fifteen consecutive minutes during the billing period as adjusted for power factor but in no event is billing demand less than 50% of the highest adjusted KW demand established in the preceding May to October billing periods or 35 KW whichever is greater D Monthly Minimum Charge Each billing period the Customer shall be obligated to pay the following charges as a minimum whether or not any energy is actually used (1) The customer charge and DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II I 7 Revision Page N (2) Any amount authorized under the Cooperative's line extension policy for amortization of line extension costs E Billing Adjustments This rate is subject to all applicable billing adjustments F Agreement An agreement for electric service with a minimum term of 1 year or more shall be required by the Cooperative The maximum term shall be determined in accordance with the applicable line extension policy This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction or if none by the Cooperative's board of directors Service hereunder is subject to the Cooperative's tariff for electric service N DENTON COUNTY ELECTRIC COOPBRATIVE INC II Tariff for Revision Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP N 202 3 Public Buildings-Interruptible Load 1000 KW or Greater A Application Applicable to all customers taking the type of service described in this rate schedule for all of the electric service supplied at one point of delivery and measured through one meter used for the following purpose(s) public buildings including schools churches and community halls with interruptible load of 1000 KW or greater B Type of Service Single phase or three phase service at the Cooperatives standard secondary distribution voltages where available Where service of the type desired by customer is not already available at the point of delivery additional charges and special contract arrangements may be required prior to service being furnished C Monthly Rate Each billing period the Customer shall be obligated to pay the following charges (1) Customet Charge $15 00 per meter This charge is for the availability of electric service and DENTON COUNTY ELECTRIC COOPERATIVE INC II 9 Tariff for Revision P Electric Service PUC SECTION TITLE STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED ry (2) Interruptible Demand Credit May through October billing periods inclusive $3 41 per Kw of CP Billing Demand November through April billing periods Inclusive $2 86 per KW of CP Billing Demand The CP Billing Demand is the demand contribution of the interruptible load to the Brazos Coincident Peak (CP) asl defined in the Brazos Wholesale Rate and (3) Energy Charge-Demand Metered Accounts First 150 KWh per KW of Billing Demand 0 $0 08157 per KWh Excess KWh 0 $0 05 per KWh The Billing Demand is the maximum kilowatt demand for any, period of fifteen consecutive minutes during the billing period as adjusted for power factor but in no event is the billing demand less than 50% of the highest adjusted Kw demand established in the preceding May to October billing i periods but not less than 35 KW i D Monthly Minimum Charge Each billing period the customer shall be obligated to pay' the following charges as a minimum whether or not any energy is actually used DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP Section II Revision (1) The customer charge and (2) (3) The demand charge and Any amount authorized under the extension policy for amortization costs N Cooperative's line of line extension E Conditions of Service (1) The Customer shall pay the installed cost of the necessary metering switchgear underfrequency relays manual controls remote controls monitoring devices and related equipment as determined necessary by the Cooperative to interrupt the interruptible load Such facilities shall become the property of the Cooperative and shall be under the exclusive control of the Cooperative (2) An agreement for service for an initial period of five years is required and for subsequent periods of two years Either party may cancel the agreement by written notice one year in advance of the end of the initial period or any subsequent period The Customer may convert from interruptible to service under the regular Public Buildings rate after giving one year's written notice if sufficient capacity exists to allow this conversion (3) Electric service to the interruptible load shall be interrupted as required by the Cooperative's wholesale power supplier but the Cooperative will endeavor to provide notices h DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service PUC SECTION TITLE STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED 11 Page N some hours in advance of probable interruption Periods of interruption shall be limited in accordance with the Cooperative's wholesale power supplier's wholesale tariff (4) If the Customer is in noncompliance with any provision of this tariff the Cooperative will adjust the Customer's billing for any noncompliance charges billed by the wholesale power supplier F Billing Adjustments This rate is subject to all applicable billing adjustments a Agreement An agreement for electric service with a term of 5 years or more may be required by the Cooperative This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction or if none by the Cooperative's board of directors and service hereunder is subject to the Cooperative's tariff for electric service t DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP Section II Revision C 202 6 Commercial A Application Applicable to all Customers having less than 35 KW of maximum demand taking the type of service described in this rate schedule for all of the electric service supplied at one point of delivery and measured through one meter used for all commercial purposes Applicable for temporary and construction power but not for shared service B Type of Service Single or three phase service at the Cooperative s standard secondary distribution voltages where available Where service of the type desired by Customer is not already available at the point of delivery additional charges and special contract arrangements may be required prior to service being furnished C Monthly Rate Each billing period the Customer shall be obligated to pay the following charges (1) Customer Charge $15 00 per meter I This charge is for the availability of electric service Ci and (2) Eneray Charge Summer May through October billing Winter November through April billing C Section DENTON COUNTY BLECfRIC COOPERATIVE INC II Tariff for Revision Electric Service SECTION TI RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP periods inclusive $ 087307 per KWh for all energy usage during the billing period periods inclusive C $ 082307 per KWh for all energy usage during C the billing period D Monthly Minimum Charge Each billing period the Customer shall be obligated to pay thel i following charges as a minimum whether or not any energy isl actually used (1) The customer charge and (2) Any amount authorized under the Cooperative's line extension policy for amortization of line extension costs F Billing Adjustments This rate is subject to all billing adjustments n DENTON COUNTY ELSCTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II 16 Revision Page 0 Agreement I" An agreement for electric service with a minimum term of 1 year or more shall be required by the Cooperative The maximum term shall be determined in accordance with the applicable line extension policy This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction or if none by the Cooperative's board of directors Service hereunder is subject to i the Cooperative's tariff for electric service N DENTON COUNTS ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP section meet No II 15 Revision Page C 202 5 Industrial A Application Applicable to all Customers taking the type of service described ins this rate schedule for all service supplied at one point of delivery and taken through a single meter for all commercial industrial and residential uses requiring 35 KW or more of maximum demand B Type of Service Single phase and three phase service at available primary or secondary distribution voltages Where service of the type desired by Customer is not already available at the point of delivery additional charges and special contract arrangements may be required prior to service being furnished C Monthly Rate Each billing period the Customer shall be obligated to pay the following charges (1) Customer Charge $25 00 per meter This charge is for the availability of electric service and (2) Demand Charge T May-October billing periods $9 35 per KW y November-April billing periods $8 26 per KW I This charge for the rate at which energy is used is applied C to the maximum kilowatt demand for any period of fifteen consecutive minutes during the billing period as adjusted for C DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES Lnor.TrhALV TO ALL AREAS SERVED STAMP Section Sheet No II 16 Revision Page power factor but in no event is billing demand less than 50% of the highest adjusted KW demand established in the billing period or preceding May to October billing periods or 35 KW whichever is greater (i and (3) Energy Charge $ 0337230 per KWh R This charge for the delivery of energy shall be applied to all KWh usage during a billing period D Monthly Minimum Charge Each billing period the Customer shall be obligated to pay the following charges as a minimum whether or not any energy is actually used (1) The customer and demand charge and (2) Any amount authorized under the Cooperatives line extension policy for amortization of line extension costs E Billing Adjustments This rate is subject to all applicable billing adjustments C DENTON COUNTY ELECTRIC COOPERATIVE INC Ter if f for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP 17 Page F Agreement N An agreement for electric service with a minimum term of 3 years shall be required by the Cooperative The maximum term shall be determined in accordance with the applicable line extension policy This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction or if none by the Cooperative's board of directors Service hereunder is subject to the Cooperative's tariff for electric service DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP 18 Page N 202 6 Industrial-Interruptible Load 1000 KW or Greater A Application Applicable to all Customers taking the type of service described in this rate schedule for all service supplied at one point of delivery and taken through a single meter for all commercial industrial and residential uses requiring 35 KW or more of maximum KW demand with interruptible load of 1000 KW or greater B Type of Service Three phase service at available primary or secondary distribution voltages Where service of the type desired by Customer is not already available at the point of delivery additional charges and special contract arrangements may be required prior to service being furnished C Monthly Rate Each billing period the Customer shall be obligated to pay the following charges (1) Customer Charge $25 00 per meter This charge is for the availability of electric service and (2) Demand Charge May-October billing periods $9 35 per KW November-April billing periods $8 26 per KW This charge for the rate at which energy is used is applied to the maximum kilowatt demand for any period of fifteen r DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP on II Revision N consecutive minutes during the billing period as adjusted for power factor but in no event is billing demand less than 50% of the highest adjusted KW demand established in the billing period or preceding May to October billing periods or 35 KW whichever is greater and (3) Energy Charge $ 03296 per KWh This charge for the delivery of energy shall be applied to all KWh usage during a billing period (4) Interruptible Demand Credit May through October biling periods inclusive $3 41 per KW of CP Billing Demand November through April billing periods inclusive $2 86 per KW of CP Billing Demand The CP Billing Demand is the demand contribution of the interruptible load to the Brazos Coincident Peak (CP) as defined in the Brazos Wholesale Rate D Monthly Minimum Charge Each billing period the Customer shall be obligated to pay the following charges as a minimum whether or not any energy is actually used i (1) The customer and demand charge and (2) Any amount authorized under the Cooperative's line extension policy for amortization of line extension costs h DENTON COUNTS ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP section ~ineet NO II 20 Revision Page E Conditions of Service ry (1) The Customer shall pay the installed cost of the necessary metering switchgear underfrequency relays manual controls remote controls monitoring devices and related equipment as determined necessary by the Cooperative to interrupt the interruptible load Such facilities shall become the property of the Cooperative and shall be under the exclusive control of the Cooperative (2) An agreement for interruptible service for an initial period of five years is required and for subsequent periods of at least two years Either party may cancel the agreement by written notice one year in advance of the end of the initial period or any subsequent period The Customer may convert from interruptible to service under the regular Industrial rate after giving one year's written notice if sufficient capacity exists to allow this conversion (3) Electric service to the interruptible load shall be interrupted as required by the Cooperative or its wholesale power supplier but the Cooperative will endeavor to provide notice some hours in advance of probable interruption if feasible Periods of interruption shall be limited in accordance with the Cooperative's wholesale power supplier s wholesale tariff (4) If the Customer is in noncompliance with any provision of this tariff the Cooperative will adjust the Customer s DENTON COUNTY ELIXTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP tion sheet No II 21 ision Page N billing for any noncompliance charges billed by the wholesale power supplier to the Cooperative F Billing Adjustments This rate is subject to all applicable billing adjustments d Agreement An agreement for electric service with a minimum term of 5 years may be required by the Cooperative The maximum term shall be determined in accordance with the applicable line extension policy This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction or if none by the Cooperative's board of directors Service hereunder is subject to the i Cooperative's tariff for electric service 'I DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II I 22 Revision Page 202 7 Industrial Over 5000 KW N A Application Applicable to all Customers taking the type of service described in this rate schedule whose highest demand in the billing period or preceding 11 months was equal to or greater than 5000 KW and an annual load factor greater than 604 for all service supplied at one point of delivery and taken through a single meter for all commercial or industrial uses This rate is not applicable for interruptible load 8 Type of Service Three phase service at available primary or secondary distribution voltages Where service of the type desired by Customer is not already available at the point of delivery additional charges and special contract arrangements may be required prior to service being furnished C Monthly Rate Each billing period the Customer shall be obligated to pay the following charges (1) Customer Charge or the amount stated in agreement whichever is greater $250 00 per meter Customer's electric service N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TI RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II 23 Revision Page This charge is for the availability of electric service and (2) Demand Charge On Peak $6 39 per KW of CP Billing Demand Off Peak $5 37 per KW of CP Billing Demand Delivery $1 44 per KW of NCP Billing Demand N This charge for the rats at which energy is used is applied to the maximum kilowatt demand for any period of fifteen consecutive minutes during the billing period as adjusted for power factor but in no event is billing demand less than 50% of the highest adjusted KW demand established in the preceding May to October billing periods or 100% of the highest adjusted NCP billing demand in the billing period or 11 preceding billing periods and (3) Energy Charge This charge for the delivery of energy shall be applied to all KWh usage during each billing period as follows On-Peak Off-Peak May-October November-April Billing Periods Billing Periods I $ 030000 per KWh $ 027700 per KWh D Coincident Peak (CP) Billing Demand The CP Billing Demand is the sum of the Customer's demand at each metering point for the current baling month established at the time of the Brazos Cooperative's transmission peak demand but not lessl DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP on II 24 Revision Page N than fifty percent (504) of maximum demand similarly determined ` during the on-peak season The CP Billing Demand at each metering point shall be the average number of kilowatts supplied during the highest fifteen (15) minute period at the time of the Brazos Cooperative's transmission peak If at any metering point the power factor is determined to be less than ninety percent (904) lagging for the month of such maximum use the CP demand at such point for the month of such determination and for the succeeding eleven (11) months will be multiplied by 0 9 and divided by the power factor E Noncoincident Peak (NCP) Billing Demand The NCP Billing Demand is the sum of the maximum demands at each metering point for the current billing months but not less than one hundred percent (1004) of the highest maximum demand similarly determined during the previous eleven (11) billing months If at any metering point the power factor is determined to be less than ninety percent (904) lagging for the month of such maximum use the maximum demand at such point for the month of such determination and for the succeeding eleven (11) billing months will be multiplied by 0 98 and divided by the power factor F On-Peak/Off-Peak Period The on-peak period includes the six (6) month billing period from i May through October The off-peak period is the six (6) month billing period from November through April r DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II 25 Revision Page G Loss Adjustment KI When the Customer is metered at a location other than the wholesale delivery point the CP and NCP demand (CP and NCP KWh and kilowatt hours (KWh) shall be increased for billing to include losses to the wholesale delivery point H Monthly Minimum Charge Each billing period the customer shall be obligated to pay the highest of the following charges as a minimum whether or not any energy is actually used (1) The applicable demand charge x 2500 KW (2) The applicable CP and NCP billing demand charges (3) The amount stated in Customer's electric service agreement I Billing Adjustments This rate is subject to all applicable billing adjustments including the following PCRF- (A-B±C) Where PCRF Amount to be applied to the customer's billing for the billing period A Total estimated purchased power for the customer from all suppliers including fuel for the billing period served under the Industrial over 5000 KW rate r DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP Section Jneet No IS 26 Revision Page N B Total estimated purchased power cost for the customer from all suppliers including fuel which is included in the Cooperative's base rates The base power cost is computed as follows B • (Delivery point + NCP Demand + CP Demand + Energy + Fuel) Where the base cost is Delivery Point $257 00 NCP Demand • $ 1 37 per NCP KW CP Demand November-April - $ 5 26 per CP KW May-October $ 6 26 per CP KW Energy November-April $ 0 0189473 per KWh May-October $ 0 0211074 per KWh Fuel • $ 0 0071049 per KWh NCP KW NCP KW as defined above CP KW • CP KW as defined above KWh All KWh usage C • Adjustment to be applied to the current monthly billing to account for differences in PCRF related to costs and revenues for previous periods I Agreement An agreement for electric service with a term of three years or more may be required by the cooperative The maximum term shall DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II I 27 Revision Page N be determined in accordance with the applicable line extension policy This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction or if none by the Cooperative's board of directors Service hereunder is subject to the Cooperative's tariff for electric service 14 DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP 28 Page 202 8 Lighting Service A Application Applicable to Customers taking the type of service described in this rate schedule for pole mounted area security lighting near the Cooperative's electric distribution lines Not applicable for temporary construction or shared service B Type of Service Single Phase Service at the Cooperative's standard secondary distribution voltages C Monthly Rate Each billing period the Customer shall be obligated to pay the following charges For lights owned and maintained by the Cooperative Customer Charge n ~C 175 Watt Mercury Vapor S 8 14 Z 400 Watt Mercury Vapor $14 30 r 1000 Watt mercury vapor $27 25 1 100 Watt HP Sodium $ 8 15 N 250 Watt HP Sodium $10 65 N 1000 Watt HP Sodium $27 50 N For Customer Owned and Customer Maintained lights monthly charges are as follows Customer Charge $1 50 ••nI'+ Energy Charge $0 0335 per KWh N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP 5ectlon 5heet No it 29 Revision Page For Additional or Decorative Pole the monthly charges are as follows Wood Pole S 1 50 T I Fiberglass Pole S 3 25 N Antique Pole S 9 75 N 20 ft Steel Pole anchor base decorative $ 7 75 N 35 ft Steel Pole anchor base decorative $12 00 N D Billing Adjustments This rate is subject to all applicable billing adjus tments Billing adjustments each billing period shall be based on the following estimates of energy usage if energy usage is not metered Energy Usage 175 Watt Mercury Vapor 70 KWh N 400 Watt Mercury Vapor 160 KWh N N 1000 Watt Mercury Vapor 400 KWh 100 Watt HP Sodium 40 KWh 250 Watt HP Sodium 80 KWh N 1000 Watt HP Sodium 375 KWh N 09NTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION T TLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP 30 Page 203 Billing Adjustments The Cooperative shall adjust all bills in accordance with the following adjustments if applicable 203 1 Power Cost Recovery Factor (PCRF) The monthly charges shall be increased or decreased on a uniform per KWh basis computed monthly as follows PCRF (A - B + C) KWhs Where PCRF . Power Cost Recovery Factor (expressed in $ per KWh) to be applied to estimated energy sales for the billing period A Total estimated purchased electricity cost from all suppliers including fuel for the billing period excluding G purchased electricity cost for customers served under the Industrial over 5000 KW rate B m Total estimated purchased electricity cost from all suppliers including fuel which are included in the Cooperative's base rates The base power cost is computed as B = (D)(KWhs) D - Base power cost in S/KWh sold of $ 049569 KWhs Total estimated energy sales for billing period excluding sales to customers under the Industrial over L 5000 KW rate DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP 31 Page C Adjustment to be applied to the current monthly billing to account for differences in actual purchased electricity costs and actual PCRF revenues recovered in previous periods 203 2 Sales Tax All bills shall be adjusted by the amount of any sales tax or other tax attributable to the sale of electric service to the Customer unless Customer has previously provided to the Cooperative satisfactory proof of exemption N 203 3 Overbilling and Underbilling The Cooperative may charge credit or adjust any billing for overbillings or underbillings in accordance with any applicable rules of Regulatory Authorities having jurisdiction including Commission Substantive Rules 23 45(g) 23 47(e) and 23 45(1) -f 203 4 Power Factor Adjustment Demand charges may be adjusted if the power N factor is lower than 90% Measured demand may be increased by 1% for each 1% by which the power factor is less than 90% lagging for any period of fifteen (15) consecutive minutes This adjustment shall not be applied on loads of less than 25 KW 203 5 Franchise Tax Adjustment The amount of franchise or gross receipts tax N in excess of 2% of gross receipts from sales of electricity within the city charged to the Cooperative by any city town or village shall be surcharged to the Cooperative's customers in the city town or village All bills for services rendered within a municipality shall be adjusted by the same percentage as any franchise or gross receipts tax the Cooperative is obligated to pay to the municipality less 2t .I DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service PUC SECTION TITLE STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED II 32 Revision Page 204 Service Fees 204 1 Trip Fee Except as provided in these rules the Cooperative shall G charge $20 00 for each trip to Customer's premises which is requested by L the Customer or reasonably necessary under these rules or standard G operating practice (e g trip to Customer's premises for collection of a bill connection reconnection trouble report investigation or to G make disconnection) If a trip to Customer's premises is made outside of the Cooperative's f normal working hours Customer shall be charged $40 00 y No charge shall be made to investigate an outage or service irregularity G unless caused by Customer or Customer's installation or equipment 204 2 Membership Fee Each Customer shall be charged a membership fee of 1 $15 00 C' 204 3 Returned Check The Cooperative shall charge $10 00 for each check or I other form of payment which is dishonored or returned to the G Cooperative Any Customer having a check or other form of payment dishonored two or more times in a 12-month period may be required to pay by cash money order, or certified check 204 4 Meter Test Fee If Customer's meter has been tested at Customers request and within a period of four (4) years the Customer requests a new test the Cooperative shall make the test but if the meter is found to be within the accuracy standards established by the American National G DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APWTTCABLE TO ALL AREAS SERVED STAMP Section I Sheet No II 33 Revision Page Standards Institutes Inc the Cooperative may charge the Customer a C i fee which reflects the cost to test the meter however this charge shall not be more than $15 00 for a residential Customer 204 5 Switchover Fee where service to a Customer is being switched between the Cooperative and another electric utility the following charges shall apply when the Cooperative is the disconnecting utility A A charge of $135 00 (This charge covers average labor and transportation costs incurred in making the disconnect ) B Any unpaid construction line extension or other contract charges C~ C A charge for removal of any property plant or facilities of the Cooperative used to provide service to the Customer if the customer requests removal or removal is required for legal or safety reasons or by requirement of any authority D A charge for distribution facilities rendered idle as a result of the disconnection and not usable on another part of the Cooperative's system based on the original cost of such facilities less depreciation salvage and contributions in aid of construction but including the cost of removing idled plant de-med by the Cooperative to be economically salvagable E Prior to disconnection the Customer shall pay the Cooperative °or all service up through the date of disconnection as well as the charges set forth in this tariff Upon receipt of payment he Cooperative shall give the Customer a paid receipt C DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II 34 Revision Page In accordance with the Substantive Rules of the Public Utility G Commission of Texas the Cooperative Customer is hereby advised that the connecting electric utility may not provide service to said member until such connecting utility has evidence from the Cooperative that the Customer has paid for electric service through the date of disconnection and any charges for disconnection under this tariff e' 204 6 Delinquent Commercial 6 Industrial Accounts The Cooperative may assess i a one-time penalty not to exceed five percent (5i) on each delinquent non-residential bill No such penalty shall apply to residential bills 204 7 Tampering Charge C The term "meter tampering" as used herein applies to any instance in which a meter assigned to a member shows any evidence of having been entered by any person firm or corporation other than a Cooperative employee in furtherance of the Cooperative's business and includes but is not limited to, those instances in which the seal is broken in which a meter has been jumpered so as to bypass the meter and serve energy to a point of delivery or any instance in which the meter has been reversed so as to impair or defeat its capacity to accurately measure energy delivered through the meter and/or to a delivery point or any other act whether specifically covered herein which interferes with the meter's effectiveness to gauge the consumption of electric energy In cases of meter tampering or bypassing of meter electric energy consumed but not metered may be estimated by the Cooperative based on amounts used under similar conditions during preceding years where no previous usage history exists or is considered unreliable due to meter G DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP II 35 Revision Page tampering or bypassing of meter consumption may be estimated on the C basis of usage levels of similar customers and under similar conditions The Cooperative may charge for all labor material and equipment necessary to repair or replace all equipment damaged due to meter tampering or bypassing of meter Ci 204 8 New Account Fee A fee of $15 00 shall be charged for processing a request for new meter I where a new account is initiated 204 9 Auxiliary Fee A fee of $10 00 shall be charged for processing a request for an L additional meter or security light on an existing account 204 10 Special Bill Handling Fee A fee of $15 00 shall be charged each time the Cooperative manually prepares a bill, invoice for several billings or special bill analysis at the customer's request N 204 11 Load Data Fee Fees for special load data reports or computer data on diskette are as follows a Peak summary min/max report $15 00 b Monthly interval data $20 00 N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TIT E RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED STAMP section Sneet No II 36 Revision Page 204 12 Environmental Audit Fee A fee of $35 00 shall be charged each time the Cooperative performs a field survey and documentation Special reports and tests will be billed to the customer at actual cost N N DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED 301 Application for Electric Service 301 1 Application Required Any person desiring to receive electric service from the Cooperative shall apply for such service by properly completing signing and filing with the Cooperative an Agreement For Electric Service A form of Agreement for Electric Service is contained in these tariffs however special contractual arrangements which may include additional charges may be required A separate Agreement For Electric Service is usually required for each location where delivery of electric energy is desired whether or not for initiation or renewal of service or otherwise The Agreement For Electric Service must be in the true name of the person desiring to receive electric service The Cooperative may require suitable identification and such other information as may be reasonably necessary to evaluate the application 301 2 Membership in the Cooperative If Customer is not a member of the Cooperative Customer shall properly complete sign and file an application for membership The filing of an application for membership shall be accompanied by the payment of one (1) membership fee N 301 3 Offer to Purchase Electric Service Upon compliance with the provisions of Sections 301 1 and 301 2 applicant has made an offer to purchase electric energy from the Cooperative, the terms of which are contained in the Agreement For Electric Service these tariffs and any applicable easement If no easement is executed the Customer will upon request by the Cooperative N STAMP 1 Page DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP 2 Page at any later time execute the Cooperative's standard right-of-way N agreement granting to the Cooperative at Customer's expense a satisfactory easement across lands owned or controlled by the Customer In the event the Customer shall divide premises by sale in such manner that one part shall be isolated from streets or alleys where the Cooperative's electric lines are accessible the Customer shall grant or reserve an easement for electric service over part having access to i electric lines for the benefit of the isolated part 302 Establishment of Credit The Cooperative may require a Customer regardless of the type of service applied for to demonstrate and satisfactorily establish credit in accordance with Commission Rule 23 43 Consumers are hereby notified they may file a complaint with the Public Utility Commission of Texas if dissatisfied with a credit decision of the Cooperative The satisfactory establishment of credit shall not relieve a Customer from complying with tariff provisions for prompt payment of bills 302 1 Amount Of Deposit The initial deposit for permanent residential commercial or industrial service shall not exceed one-sixth (1/6) of estimated annual billings The Cooperative may require an applicant for temporary service or seasonal service or service to weekend or intermittent use installati,ns to pay a deposit sufficient to reasonably protect the Cooperative against the assumed risk for any of such services The amount of deposit may be increased as provided in Commission Rule 23 43(c)(1)(B) N OENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP III I 3 Revision Page 302 2 Reestablishment of Credit Every applicant who previously has been a Customer of the Cooperative and whose service has been discontinued for nonpayment of bills or meter tampering or bypassing of meter shall be required before service is rendered to pay all amounts due the Cooperative or execute a deferred payment agreement if offered and reestablish credit 303 Cooperative Action on the Application The Cooperative shall consider the offer to purchase electric service and act upon it within a reasonable time by either granting the application (conditionally subject to these Service Rules and Regulations) or refusinc service in accordance with this tariff 303 1 Granting Application The Cooperative may grant an application by having its authorized officer or employee sign the Agreement For Electric Service on behalf of the Cooperative or making electricity available at Customer's service location 303 2 Refusal of Service The Cooperative may refuse service if A Credit Applicant/Customer establish credit has failed or refused to satisfactorily N or N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SEkVED STAMP III 4 Revision Page B Fulfillment of Conditions Precedent If Applicant/Customer has failed or refused within a reasonable time to fulfill any condition precedent to performance (see Section 304 2) or C Indebtedness If Applicant/Customer has failed or refused to pay any indebtedness to any utility having previously provided applicant with electric service or D Membership Applicant/Customer has failed or refused to pay the membership fee or qualify for membership in the Cooperative in accordance with the provisions of law or E Hazardous Condition If it has come to the Cooperative's attention that Customers installation or equipment is hazardous or of such character that satisfactory service cannot be given F False Name or Other Artifice Customer or prospective Customer uses an alias trade name business name, the name of a relative or another person or other artifice to avoid payment of electric service bills N 304 Contract for Service customer requests for electric service of the character and type provided by Cooperative are granted within the limitations of the applicable rate schedule for electric service the availability of Cooperative facilities the DENTON COUNTY ELECTRIC COOPERATIVE INC III 5 Tariff for Revision Page Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED characteristics of Customer's electrical load and these Service Rules and Regulations Cooperative may require special contractual arrangements which may include additional charges prior to Cooperative's providing electric service if the electric service requested by Customer is not available at the service location is other than that which Cooperative usually provides or if the service requested is not adequately compensated for by the applicable rate schedule The grant of an application shall operate as an acceptance of Applicant's offer to purchase electric service Any Customer taking electric service from Cooperative in consideration of the Cooperative's supplying electric service and regardless whether or not such Customer has made application for such electric service is bound by these Service Regulations and is liable to Cooperative for payment for such electric service under the applicable rate schedule 304 1 Terms of Contract The terms of the contract are the provisions of the Agreement For Electric Service the service rules and regulations of the Cooperative the applicable rate schedule (including this tariff) and any applicable easement 304 2 Conditions to be Fulfilled by Applicant or Customer As conditions precedent to the performance or obligation to perform any part of the contract for electric service by the Cooperative or the provision of any electric service Customer shall N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS III I 6 Revision Page STAMP Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED A Comply with the Law N Customer warrants to the Cooperative that he or she has complied with all Federal State County and Municipal regulations governing the service applied for and shall remain in compliance The Cooperative does not undertake to determine if Customer is in compliance with the law and the provision of service shall not be construed as any indicia of compliance however the Cooperative may require a copy of any approval required by law ordinance or regulation prior to the provision of service or may refuse or discontinue service if Customer fails or refuses to comply with applicable state and municipal regulations and B Comply with Service Rules Applicant/Customer shall comply with the Service Rules and Regulations of the Cooperative governing the service applied for and C Customer's installation Customer warrants to the Cooperative that Customer's installation is constructed in accordance with the latest revision of the National Electrical Code published by the National Fire Protection Association and/or the latest revision of the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers Inc as well as other Codes that may be applicable Customer further warrants to the Cooperative that Customer's installation will be maintained in accordance with such Codes The Cooperative does not undertake to determine if Customer's installation complies with such standards and the pro- vision of service shall not be construed as any indicia of compliance however should it come to the attention of the DEN7W COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED 7 Page Cooperative that Customer's installation does not conform to such standards Customer may be required to conform prior to the provision of service or the Cooperative may discontinue service and D Easement Customer shall grant or secure to the Cooperative at Customers expense an easement the form and content of which is satisfactory to the Cooperative The form of an acceptable utility easement which has been approved by The Public Utility Commission of Texas i is contained in Section IV of this tariff This form may be altered by the Cooperative to fit particular circumstances In the event the Applicant/Customer is not able to secure an easement acceptable to the Cooperative after reasonable attempts and the Cooperative acquires an easement then Customer shall reimburse the Cooperative all costs and E Construction Costs Customer shall fulfill all obligations for the payment of construction costs in the manner prescribed in service rules and regulations governing line extensions 304 3 Assignment of Contract The Customer shall not assign the Agreement For Electric Service or an/ of Customer's rights or obligations thereunder except by written cons-nt of the Cooperative and in compliance with the Articles and Bylaws of '~e Cooperative The Agreement For Electric Service shall inure to the benefit of the Cooperative's assigns N DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP III I 8 Revision Page 304 4 Modification by the Parties N The contract for electric service may be modified by the agreement of both the Cooperative and the Customer if such agreement is made in writing and signed by both parties 305 Line Extension 305 1 General Policy The Cooperative extends its distribution facilities to Customers in accordance with the following line extension provisions Each provision classifies the predominant type of electric service/use anticipated on Customer's premises and specifies conditions under which a line extension may be made For each location where electric service is desired Customer's classification involves an evaluation of the type of installation and its use Customer's classification shall be determined by the Cooperative In the event that the classification assigned by the Cooperative is incorrect based upon Customer's subsequent actual use of the installation then the Cooperative may alter Customer's classification and apply the correct line extension classification making appropriate adjustment to the Customer's account or billing 305 2 Permanent Residence The Cooperative will construct a new extension of its overhead or underground distribution system to serve a permanent residential installation under the following provisions A Applicability To qualify as an extension to a permanent residential installation the location where Customer is requesting service shall r DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP 9 Page (1) be a permanent installation with maximum demand of less than 35 KW and (2) be a single or multi-family residence and (3) if located within a subdivision the developer must have complied with the subdivision line extension policy of the Cooperative and paid all aid to construction required therein a Point of Delivery The Cooperative extends its electric facilities only to the point of delivery Customer shall install and be solely responsible for wiring of the installation and all service entrance wiring through the weatherhead and the meter base to customer's main disconnect switch or service center C Facilities Charge (1) The Cooperative shall estimate the actual cost for the line extension based on current unit material and labor costs for the same type of construction in the most recent data available The actual cost is the total cost of all construction including not only the labor and materials used in constructing the extension but also engineering right- of-way acquisition and clearing and all other costs directly attributable to the extension N (2) The Cooperative shall calculate the system average net utility plant investment per meter served based on the most recent REA Form 7 The system average net utility plant investment per meter shall be defined as the net utility plant divided by thel number of consumers receiving service N DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP III 10 Revision Page Al (3) If the estimated actual cost (Item 1) is greater than the system average utility plant investment per meter (Item 2) then such excess will be charged to the Customer as a non- refundable contribution in aid of construction if a contribution is required payment may be made in advance of construction or monthly over the term of the contract D Contract Term The Cooperative may require Customer to sign an Agreement For Electric Service for a term of up to five (5) years The term of the Agreement for Electric Service shall be determined by the Cooperative based on the amount of its investment and the payback period for customer's load 305 3 Non-Permanent Residence The Cooperative will construct a new extension of its overhead or underground distribution system to serve a non-permanent residential installation under the following provisions A Applicability To qualify as an extension to a non-permanent residence the location where Customer is requesting service shall N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service eoor.Traar.m TO ALL AREAS SERVED STAMP Section 6neec No III 11 Revision Page (1) be a residence or dwelling unit and f' (2) not qualifying as a permanent installation S Point of Delivery The Cooperative extends its electric facilities only to the point of delivery Customer shall install and be solely responsible for wiring of the installation and all service entrance wiring through the weatherhead and the meter base to Customer's main disconnect switch or service center C Facilities Charge There will be no charge to the Customer for the first $600 00 of actual cost incurred in making the extension and such amount shall be the Cooperative's obligation The Customer shall be required to pay in advance as aid to construction the actual cost incurred in making the extension construction in excess of such amount All amounts paid to the Cooperative for construction shall be non- refundable Actual cost incurred in making the extension shall mean the total cost of all construction including not only the labor and materials used in constructing the extension but also engineering right of way acquisition and clearing and all other costs directly attributable to the extension D Contract Term The Cooperative may require Customer to sign an Agreement For Electric Service for a term of up to five (5) years The term of the Agreement for Electric Service shall be determined by the tj DENTON COUNTY ELECTRIC COOPERATIVE INC _--III 12 Tariff for Revision Page Electric Service PVC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED Cooperative based on the amount of its investment and the payback period for customer's load 305 4 Other Line Extensions i The Cooperative will construct a new extension of its overhead or underground distribution system to serve all other permanent installations under the following provisions A Applicability To qualify for an extension under this section 305 4 the location where Customer is requesting service shall (1) be a permanent installation and (2) if a residence maximum demand of 35 KW or greater B Point of Delivery The Cooperative extends its electric facilities only to the point of delivery Customer shall install and be solely responsible for wiring of the installation on Customer's side of the point of delivery C Facilities Charge For small commercial loads with a peak demand of less than 35 KA the Customer shall be required to pay a contribution in aid Of construction if the estimated annual revenue from the Customer excluding power cost adjustments and sales tax is less than 'he revenue required to recover the Cooperative's fixed and extension investment costs of providing service to the Customer The amount DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP III 13 Revision Page of the contribution in aid of construction shall be calculated as follows Amount . Extension Cost - Net Annual Revenue Return Factor Estimated Annual Revenue - The dollar revenue calculated by applying the applicable rate to the customer's estimated electric usage Estimated Electric Usage - The estimated KW demand and KWh energy based on information provided by the Customer actual historical data usage of the other customers with similar loads and operating characteristics and/or any other source or method which will accurately predict the Customer's electric usage Fixed Investment Costs of Providing Service - From the Cooperative's most recent Cost of Service study that portion of the depreciation interest 0 6 M and tax expenses that are attributable to the portion of plant investment common to the entire customer class This common plant investment or fixed plant includes the three phase backbone land and rights station equipment regulators and capacitors allocated to the customer class Other Fixed Investment costs include 0 6 G consumer records and sales expenses and margins The Fixed Investment costs are then expressed as $ per total class KWh sold N N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section sneet no III la Revision Page Extension Cost - The estimated actual cost for the line extension based on current unit labor and material costs or average cost per foot for the same type construction in the most recent calendar year The actual cost is the total cost of all construction including not only labor and materials used in constructing the extension but also engineering right of way acquisition and clearing and all other costs directly attributable to the extension Net Annual Revenue - Estimated annual revenue less estimated purchased power cost and less fixed investment costs of providing service Estimated Purchased Power Cost - The cost calculated by applying the Cooperative's current wholesale power rate to the Customer s estimated electric usage Return Factor - the total current annual cost per dollar of investment including 0 6 M taxes insurance interest and principal The Cooperative's most recent 12 months 0 6 M tax and insurance costs are totaled and divided by the year to date net utility plant from REA Form 7 Annual Interest 6 Principal si/(1-(i+l)-n)xl2x Ext Cost I . Current annual rate of interest for financing line extensions 1 I/12 N Number of years to amortize line extension debt n . N x 12 IV DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP III I 15 Revision Page N If the amount calculated is zero or negative no contribution in aid of construction is required If a contribution is required the Cooperative may require either payment in advance of construction or payment monthly over the term of the contract I Actual cost shall mean the total cost of all construction including not only the labor and materials used in constructing the extension but also engineering right of way acquisition and clearing and all other costs directly attributable to the extension All amounts paid to the Cooperative for construction shall be non-refundable For loads of 35 KW or more the Cooperative shall exercise prudent judgment in determining the conditions under which a specific line extension will be made and shall view each case individually considering the following 1) Cost to provide the service 2) Longevity of the load 3) Annual load factor 4) Possibility of other loads developing nearby or along the proposed line extension 5) Anticipated annual revenue 6) Compatibility with planned system improvements When appropriate the Cooperative shall make a simplified rate-of- return study Upon such study the Cooperative can determine whether special contractual arrangements need to be made with Customer Revenue for the service shall provide a return on the investment at least equal to the average return for the customer class Special arrangements may be a contribution-in-aid-of-construction an advance for construction or special monthly or annual minimums expressed in demand and KWh or dollars of revenue or a combination N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section Sneer NO III 16 Revision Page of these in some cases credits may be allowed toward advances for construction made by Customer if Customer should exceed revenue expectations or other load materializes along the proposed extension All amounts paid to the Cooperative for construction shall be non- refundable D Contract Term The Cooperative may require Customer to sign an Agreement For Electric Service for a term of up to 20 years The term of the Agreement for Electric Service shall be determined by the Cooperative based on the amount of its investment and the payback period for customer's load 305 5 Subdivision Developments and Mobile Home Parks A AppllcabilitY The Cooperative will construct a new extension of its overhead distribution system to provide service within subdivision developments and mobile home parks To quality the service location shall (1) be a dedicated subdivision or a mobile home park and (2) be primarily used or developed for several single or multi- family residential dwelling units (3) The land developer shall become a member establish credit execute an electric service agreement and comply with all other applicable provisions of the Service Rules and Regulations of the Cooperative N pENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STANP 17 Page T B Facilities Charge (1) The cooperative shall estimate the average actual cost to serve each lot or consuming facility within the subdivision (2) The Cooperative shall determine the average net utility plant investment per meter served based on the most recently available REA Form 7 (3) If the estimated average actual cost (Item 1) is greater than the average utility plant investment per meter (Item 2) then such excess will be charged to the developer for each lot as a non-refundable contribution in aid of construction (4) The actual amount of contribution in aid of construction charged to the developer will be adjusted by refund or additional assessment upon completion of construction by the amount which the average actual cost differs from the estimated average cost All amounts paid to the Cooperative for construction shall be non-refundable 305 6 Underground Service The Cooperative will provide underground facilities to serve any t1pe of permanent installation provided the soil and terrain are adaptat for underground facilities 305 7 Temporary Service In any circumstance where the need for electric service may be fcr a period of less than two years the Cooperative shall charge and Custcm-c DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STANP III 18 Revision Page shall pay 100% of the actual cost of construction plus the cost of removal less salvage value r 305 8 Area Lighting/Security Lighting The Cooperative will construct 300 feet of overhead extension to serve a security lighting without charge to the Customer Customer will pay in advance as non-refundable aid to construction the actual cost of all overhead construction in excess of 300 feet For underground services to security lighting the Customer will N pay in advance as a non-refundable aid-to-construction the actual cost of all construction less the estimated actual cost of 300 feet of single phase overhead construction 305 9 Line Clearance The Cooperative will assist in the transportation of oversized objects f through the area or in the construction of buried pipelines or other objects with the Cooperative's right-of-way by temporarily de- energizing Cooperative facilities or temporarily relocating or raising electric facilities provided that the Cooperative's compensation for all actual costs incurred Actual cost shall mean (1) Total cost of all costs including but not limited to labor materials used engineering, right of way acquisition and clearing (2) Cost for vehicles used including mileage (3) Cost for Cooperative employees involved 305 10 Ownership of Distribution Facilities The Cooperative shall retain the ownership of all material and facllftlea metalled by the Cooperative for the distribution of ~I DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section Jneet No III 19 Revision Page electric energy whether or not the same have been Customer All lines and facilities constructed or Cooperative are the property of the Cooperative paid for by the installed by the 305 11 No Refund of Aid to Construction Payments necessary for construction of facilities which will be used by the Customer are contributions in aid of construction and are not refundable 305 12 Deferred Payment Plan The Cooperative may at its option enter into a deferred payment plan with Customer for all or a portion of any amount required to be paid as aid-to-construction 305 13 Relocation of Facilities The Cooperative will relocate its facilities on Customer's premises at Customer's request provided Customer has (1) provided a satisfactory easement for the new facilities (2) paid in advance an estimate of all costs for the removal of the old facilities less salvage value and all costs for the construction of new facilities If the Cooperative determines it is necessary to move its facilities because customer fails or refuses to allow the Cooperative access to Cooperatives facilities at any time then Customer may be billed the actual cost of relocation N DENTON COUNTr ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section meet No III 20 Revision Page 306 Meters 306 1 Location and Installation of Meter Meters and service switches in conjunction with the meter shall be installed in accordance with the latest revision of American National Standards Institute Incorporated Standard C12 (American National Code for Electricity Metering) and will be readily accessible for reading testing and inspection and where such activities will cause minimum interference and inconvenience to the Customer Customer shall provide at a suitable and easily accessible location sufficient and proper space for installation of meters and other apparatus of the Cooperative The Customer may be required to furnish and install without cost to the Cooperative other necessary metering equipment including (1) meter board (2) meter loop (3) meter rack (4) metering enclosure (5) safety service switches (6) adequate earth ground (7) an adequate anchor for service drops All meters installed after July 1980, shall be located as set forth herein provided that, where installations are made to replace meters removed from service this section shall not operate to require any change in meter locations which were established prior to July 1980 unless the Cooperative finds that the old location is no longer suitable or proper or the Customer desires that the location be changed where the meter location on the Customer's premises is changed at the request of the Customer, or due to alterations on Customer's premises the Customer shall provide and have installed at his expense all wiring and equipment necessary for relocating the meter IV N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED STAMP 21 Page 306 2 Type of Meter and Ownership of Meter N The Cooperative shall provide install own and maintain all meters necessary for the measurement of electrical energy Such meters shall be of a standard type which meet industry standards however special meters not conforming to such standards may be used for investigation or experimental purposes 306 3 Limitation of Service from Single Meter One residence and one residence only may be served from one meter Each meter shall require either a membership in the Cooperative or an auxiliary service No business shall be served off a meter serving a residence unless the residence and business are combined under a single roof 307 Point of Delivery Customer shall designate the location he or she desires to receive electric energy subject to the Cooperative's approval and shall provide service entrance conductors and any receptacle needed for the receipt of electric energy The point of delivery of electric energy is the point where the Customers service entrance conductors are connected to the Cooperative's conductors Such point shall be outside the Customer's installation or structure(s) at a location which will facilitate connection in accordance with the National Electrical Safety Code and standard operating practices of the Cooperative N Section Sheet NO DENTON COUNTy ELECTRIC COOPERATIVE, INC III 22 Tariff for Revision Page Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS STAMP Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED In special circumstances the point of Customer's installation or structure if which is approved by the Cooperative delivery may be located inside the the Customer makes a written request 308 Initiation of Service Electric service 1s provided to customers in the Cooperative's certificated area who have satisfactorily established credit and fulfilled all conditions precedent Normally as a service objective the Cooperative attempts to make service available within the following guidelines A Within seven (7) working days if no line extension or new facili- ties are required B Within ninety (90) days for permanent residential service requiring a line extension or other facilities unless unavailability of materials causes unavoidable delay C Extensions to other customer classes requiring line extensions may Al take longer than ninety (90) days DE47W COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section III Revision \J 320 Electric Energy 320 1 Delivery of Electric Energy If Customer has satisfied and continues to satisfy all conditions and perform all obligations contained in the foregoing service rules the Cooperative shall provide electric energy to Customer at the point of delivery The Cooperative may however limit the amount of electric energy furnished N 320 2 Characteristics of Electric Energy A Voltage The Cooperative adopts the following standard voltages for distribution Single Phase 120/240 240/480 Three Phase 120/208 120/240 240 480 277/480 c C. Insofar as practicable the Cooperative maintains its standard voltages within the variations permitted by the Public Utility Commission of Texas (See Substantive Rule 23 62(f)) Customer should obtain from the Cooperative the phase and voltage of the service available before committing to the purchase of motors or other equipment N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section I Sheet No III 24 Revialon Page N B FreauencY I The Cooperative's wholesale power supplier controls the frequency of current provided by the Cooperative Generally the Cooperative provides alternating current at a standard frequency of 60 cycles per second Except for infrequent and unavoidable fluctuations this standard is usually maintained within one-tenth (1/10) of a cycle per second 321 Method of Providing Service 321 1 Overhead Service Drop Electric service is generally available to Customers throughout the Cooperative's service area from overhead distribution facilities The Cooperative however may refuse to provide overhead service in any area where the Cooperative has or expects substantial investment in underground distribution facilities To receive overhead service Customer must install a suitable bracket for attachment of Cooperative conductors in compliance with the National Electrical Safety Code 321 2 Underground Electric Service Electric service from underground distribution facilities is available to customers who meet the requirements of these service rules and regulations In areas served by the Cooperative's underground distribution system phase and voltage of electric service may be limited to that which can be provided from existing facilities Underground conductors are usually connected to the Cooperative's over- head distribution facilities at a location outside the Customers premises or at a suitable location on Customer's premises The location and routing of underground distribution facilities 15 N Section sneet no DENTON COUNTY ELECTRIC COOPERATIVE INC III 25 Tariff for Revision Page Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED determined by the Cooperative Customer may be required to provide at his/her expense pads for padmount transformers conduit and other I associated equipment prior to commencement of construction Before the installation of underground distribution facilities Customer will complete rough site grading establish final grade along conductor route expose to view any underground installation including gas lines water lines wastewater lines communication lines etc and clear the area of all obstructions No change shall be made in the grade along the conductor route without the consent of the Cooperative Any change in grade which requires lowering electrical conductors is at the expense of the Customer 321 3 Mobile Home Parks In mobile home parks and similar installations the Cooperative provides electric service through individual meters to each space for each consuming facility Either underground or overhead service may be provided 321 4 Multi-Family Residences Electric service is provided through individual meters for each living unit 321 5 Connections at Point of Delivery The Cooperative makes connections of its conductors to Customer's conductors only at the point of delivery N Section sneet No DENTON COUNTY ELECTRIC COOPERATIVE, INC III 26 Tariff for Revision Page Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED 322 Continuity of Electric Service 322 1 Reasonable Diligence The Cooperative uses reasonable diligence under standard utility practices to provide continuous and adequate service in accordance with the standards set forth in these rules but does not warrant or represent that irregularities or interruptions will not occur 322 2 Service Interruptions Service interruptions may occur Customer is responsible for installing and maintaining protective devices as are recommended or required by the most current edition of the National Electrical Code and other such devices as are necessary or advisable to protect Customer's equipment or process during irregular or interrupted service including but not limited to voltage and wave from irregularities or the failure of part or all of the electrical service when interruptions do occur the Cooperative shall re-establish service as soon as practicable The Cooperative may interrupt service to provide necessary civil defense or other emergency service in the event of a national emergency or local disaster The Cooperative may also interrupt service as necessary for maintenance repairs construction moving of buildings or oversized objects relocation or changes of facilities to prevent or alleviate an emergency which may disrupt operation of all or any portion of the Cooperative's system to lessen or remove risk of harm to life or property to aid in the restoration of electric service and on occasions when the Cooperative's wholesale power suppliers or any N DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service nocr.rranr.m. To ALL AREAS SERVED STAMP Sheet No I 27 Page of them, fails to deliver sufficient power and/or energy to the Cooperative 322 3 Service Irregularities irregularities in service such as voltage surges may occur Customer is responsible for installing and maintaining devices which protect his/her installation equipment and processes during such service conditions 322 4 Investigation of Service Interruptions and Irregularities The Cooperative makes reasonable investigation of service interruptions and irregularities reported by a Customer Such investigation normally terminates at the point of delivery If standard service voltage exists at this point and the Cooperative's service facilities are in good condition the Customer shall be so advised The Cooperative shall not be obligated to inspect Customer's conductors installation or equipment r 322 5 Liability Indemnity and Disclaimer of Warranties A Liability/Indemnity cooperative is responsible for design construction operation and maintenance of electric service facilities up to and including "e Point of Delivery Customer is responsible for design construction, operation and maintenance of Customer's installat n beyond the Point of Delivery and has sole control and supervis on over Customer's installation It is particularly understood that the Customer assumes full responsibility for electric en>rg/ furnished to Customer at and past the point of delivery and w 1 indemnify the Cooperative against and hold DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP III I 28 Revision Page Cooperative harmless from all claims for damages including but not limited to injuries to any persons including death resulting therefrom and damages to property occurring upon the premises to the Customer arising from electric power and energy delivered by Cooperative whether or not caused by the negligence of the Cooperative except when the negligence of Cooperative or its agents or agents was the sole proximate cause of such injuries death of persons or damages to property i Except to the extent injuries or damage have been caused by the Cooperative's negligence or willful misconduct as provided in this section it is the express intention of Customer to indemnify the Cooperative for the consequences of its own negligence without limiting the foregoing Cooperative is not and shall not be liable to Customer for damages occasioned by (A) irregularities or interruptions (of any duration) or failure to commence electric service, caused in whole or in part by (1) governmental or municipal action or authority litigation public enemies strikes, acts of God (including weather and its resulting consequences) (2) an order of any Court or Judge granted in any bona fide adverse legal proceeding or action or any order of any commission or tribunal having jurisdiction in the premises (3) situations or conditions described in the second paragraph of Section 3 22 2 of these Service Rules (4) the absence inadequacy or failure of protective devices which are the responsibility of the Customer (9) inadequacy or failure of generation or transmission facilities or (6) any other act or thing reasonably beyond the control of Company or as may be authorized elsewhere in this Tariff For Electric Service or (B) any interruption of DBNTDN COUNTY ELZ=lc COOPERATIVE INC III 29 Tariff Rev- i- ioion Page for Electric Service SECTION TITLE I STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED V service not occasioned by situations or conditions described in (A) above that has not existed continuously for beyond a reasonable period of time after notice to Cooperative which reasonable period shall under no circumstances be less than twenty-four (24) hours or any interruption of service of greater than a reasonable duration if the Cooperative has used reasonable diligence in attempts to restore electric service after the Cooperative is notified of such interruption cooperative may perform voluntary or emergency acts to electric facilities which are the responsibility of the Customer but shall have no liability for damages or injuries resulting from said acts except to the extent that said damages or injuries are proximately caused by acts or omissions of the Cooperative which are found to be wanton or willful with the intent to cause injury in any claim or cause of action relating to the provision of electric service asserted by Customer or any other person against cooperative, cooperative shall not be liable for any consequential special or non-direct damages including but not limited to loss of use of equipment extra expense due to the use of temporary or replacement equipment loss of electronic data or program loss of business revenue costs of capital or any cost not part of necessary repair to or reasonable replacement of electric equipment whether the claim or cause of action is based upon contract tort negligence products liability or any other ~ theory of recovery l/ DEMN COUNTY E .WMIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP 30 Page 323 B Disclaimer of Warranties N COOPERATIVE MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO THE PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE Customer's Receipt and Use of Electric Energy 323 1 Receipt of Electric Ener A Exclusive Use When electric service is available Customer shall purchase from the Cooperative all electric energy and service required to be used by Customer from a single consuming installation Customer may not connect his lines to another source of electric energy in a manner that may permit electric energy to flow into Cooperative's system from such source without a written agreement with the Cooperative B Customer's installation Customer shell at all times maintain his/her installation in accordance with the latest revision of the National Electrical Code published by the National Fire Protection Association and/or The National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc as well as other applicable standards that may be imposed by law ordinance or regulation DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP III 31 Revision Page 323 2 Customers Use of Electric Energy A Permitted Uses Electric energy provided through Cooperative facilities shall be used by Customer exclusively for the purpose or purposes specified in the availability clause of the rate schedule under which Customer is receiving service and being billed B Resale Prohibited Customer shall not resell electric energy unless specifically provided for in writing by the Cooperative C Interstate Transmission of Electric Energy Prohibited The Cooperative does not provide electric service to any member s installation any part of which is located outside the State of Texas or is connected to any conductors all or part of which is located outside the State of Texas Customer shall not transmit electric energy provided by the Cooperative outside the State of Texas N I i D Uses Prohibited by Law Customer shall not use electric energy for any unlawful purpose or in such a manner that it may endanger life or property DENTON COUNTY gLWTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED 323 3 Customer's Electrical Load N A Load Balance cooperative requires Customer to control the use of electric energy so that Cooperative's electrical load at the point of I i delivery is in reasonable balance B Allowable Motor Starting Currents The following motors may be started across-the-line if the meter size does not exceed the limits given below Single Phase Three Phase 10 HP 30 HP Larger across-the-line starting currents than above may be permitted where Cooperative determines its facilities are adequate and the frequency of starts are such that other Customer s service will not be adversely affected Any motor starting devices are to be of a type approved by Cooperative and are to be provided and installed by Customer * Groups of motors starting simultaneously are classed as one motor C Intermittent Electrical Loads Electric service to equipment such as machines X-ray machines arc-furnaces locomotives, shovels feed grinders electricity is intermittent and subject t is provided to such equipment as a part of STAMP III 32 Revision Page spot and arc weldirq elevators dred3Ps etc whose use -f o violent fluctuate-rs Customer's installatiDn _r DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service aoor_rrear.F Tn ALL AREAS SERVED STAMP Section Sneet NO III 33 Revision Page or by a transformer dedicated solely to that equipment and served as a separate account Except for individual transformer type arc welders whose rated primary input current does not exceed 15 amperes at 120-volt operation or 30 amperes at 240-volt operation (38 amperes if Customer is served by an individual transformer) Customers contemplating the installation of such equipment are to make specific prior arrangements with Cooperative D Equipment Necessary to Limit Adverse Effect Cooperative may require Customer to provide at Customer's expense suitable apparatus to limit the effect of voltage fluctuations caused by electric equipment in Customer's installation where Customer is found to be operating electrical equipment which produces voltage fluctuations interference or distorted wave forms which adversely affect electric service provided by Cooperative to Customers in lieu of requesting customer to install such suitable or special equipment limiting such adverse effect Cooperative may at its option install at Customer's cost additional transformer capacity (which may or may not be dedicated solely to such member) or other equipment specially designed to reasonably limit such adverse effect E Voltage and Wave Forms Sensitive EguiDment A Customer planning the installation of electric equipment such as computers communication equipment electronic control devices etc whose performances may be adversely affected by voltage fluctuations and distorted 60 hertz wave forms are responsible for DENTON Courn ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service nooT.TrnwT.F To ALL AREAS SERVED STAMP III I 34 Re vision Page providing and installing the necessary facilities to limit these adverse effects F Change in Customer's Electrical Load The Cooperative may require information concerning the nature of the load and electric service requirements as well as the expected duration of the load Customer shall give written notice to the Cooperative fifteen (15) days in advance of connecting any motors or other devices which might increase load above the rated capa- city of transformer(s) servicing Customer If Customer fails to give such notice and an overload condition causes damage to the transformer(s) servicing Customer then Customer shall pay to the Cooperative the value of such transformer prior to the time it was damaged less salvage value If in the judgment of the Cooperative there is an increase in any electric service requirement for which under standard engineering practice, it would be desirable to construct additional facilities then the Cooperative may charge Customer as aid to construction or as an increased minimum an amount not to exceed the actual cost of such facilities together with the cost of any additional facilities required to be constructed by the Cooperative's wholesale power supplier serving Customer's load The Cooperative may require the Customer to execute a new contract for electric service specifying appropriate terms including the maximum load, increased minimum or aid to construction N DENTON COVNT4 ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service noor.Trear.v Tn ALL AREAS SERVED STANP 35 Page N 323 4 Power Factor if the power factor of Customer's load is less than 90% Cooperative may require Customer to install appropriate equipment to maintain a power factor of at least 90% or at Cooperative's option to reimburse Cooperative for installing the necessary equipment 323 5 Access Customer will admit to Customer's premises at all reasonable hours personnel authorized by Cooperative to inspect install remove or replace Cooperative's property to read Cooperative's meter and to perform other activities necessary to provide electric service including tree trimming and tree removal where such trees in the opinion of Cooperative constitute a hazard to Cooperative personnel or facilities or jeopardize the provision of continuous electric service Refusal on the part of Customer to provide reasonable access for the above purposes may, at Cooperative's option be sufficient cause for discontinuance of service Alternatively the Cooperative may move the metering location and other facilities and charge consumer the cost of relocating all facilities 323 6 Protection of Cooperative's Facilities on Customer's Premises customer shall use reasonable diligence to protect Cooperative personnel and facilities on Customer's premises In the event of loss of or damage to Cooperative facilities on customer's premises caused by or arising out of carelessness neglect or misuse by Customer or unauthorized persons Cooperative may require Customer to reimburse the Cooperative the full cost of such damage DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP III 36 Revision Page 324 Billing N The Customer shall be obligated to pay the total amount of charges for electric service shown on the Customer's bill Such charges shall be calculated in accordance with the Cooperative's latest approved rate schedule or schedules applicable to the class or classes of service furnished to Customer and these rules Bills shall be rendered promptly following the reading of meters 324 1 Determining Usage of Electric Energy Usage of electric energy (expressed as KWh) shall be determined by a meter reading The meter reading is conclusive and establishes absolutely the amount of energy used unless it is shown by meter test that the meter was inoperative or inaccurate in which case the meter reading shall be adjusted as provided in Section 324 4 of these rules The meter reading shall not otherwise be adjusted Electric energy usage is measured at the metering point regardless of whether or not it is the same as the point of delivery 324 2 Meter Reedin The Cooperative reads meters monthly except meters designated to be read by Customers Customers are required to read the meter(s) on their premises monthly if so advised by the Cooperative If a Customer fails to report a meter reading for 3 consecutive months the Cooperative may read the meter and charge a trip fee Unless specifically stated in the applicable rate schedule all charges are based on a billing month A billing month or billing period is the period between two consecutive meter reading dates and typically ranges from 28 to 33 days The Cooperative may check the meter reading of any meter at any time Section sheet NO DENTON COUNTY ELECTRIC COOPERATIVE INC III 37 Tariff Revision Page for Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED 324 3 Estimated Billing 9 Electric energy as well as demand may be estimated by the Cooperative when there is good reason for doing so such as inclement weather personnel shortage etc provided an actual meter reading is taken every 3 months 324 4 Meter Test and Accuracy Adjustment Upon request of a Customer and if he or she desires in the Customer s presence or the presence of his or her authorized representative the Cooperative shall make a test of the accuracy of Customer's meter The test shall be made during the Cooperative's normal working hours at a time convenient to the Customer if he or she desires to observe the test The test may be made on the Customer's premises or at a test laboratory as determined by the Cooperative Following completion of testing the Cooperative shall promptly advise the Customer of the date of removal of the meter if removed the date of the test the result of the test and who made the test If any meter is found to be outside of the accuracy standards established by the American National Standards Institute Incorporated proper correction shall be made according to 203 3 324 5 Minimum Charges The Customer will pay a minimum bill in accordance with the applicab.e rate schedule irrespective of the amount of electricity consumed -yen if none is consumed The minimum charge shall be in addition to anf fuel cost adjustment charges power cost adjustment charges or othe- billing adjustments All billing adjustments shall be billed I addition to and exclusive of the minimum charge N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP section III Revision The minimum charge may be increased in accordance with the N Cooperative's line extension policy for new construction Usually the amount of such increase will be stated in the Agreement For Electric Service 324 6 Terms of Payment Each bill for utility service(s) regardless of the nature of the service(s) is due 16 days after issuance unless such day falls on a holiday or weekend in which case payment is due on the next work day If full payment is not received in the office of the Cooperative or at any agency authorized by the Cooperative to receive payment on or before the date such bill is due the Customer's account will be considered delinquent and subject to disconnection in accordance with these rules 324 7 Disputed Bills In the event of a dispute between a Customer and the Cooperative regarding any bill for electric utility service the Cooperative shall make such investigation as may be appropriate under the particular circumstances and report the results thereof to the Customer In the event disputes are not resolved the Cooperative informs Customers of the complaint procedures of the Cooperative and the Commission Customers shall not be required to pay the disputed portion of the bill which exceeds Customer's average monthly usage at current rates pending the resolution of the dispute but in no event more than sixty (60) days For purposes of this rule only the Customer's average monthly usage at current rates shall be the average of the Customer's gross utility service for the preceding 12-month period When no previous I i i DENTON COUNTY ELECTRIC COOPERATIVE, INC 111 39 Tariff for Revision Page Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service nom.Trnarm TO ALL AREAS SERVED usage history exists consumption for calculating the average monthly usage shall be estimated on the basis of usage levels of similar customers and under similar conditions 324 8 Deferred Payment Plan The cooperative may in its discretion enter into a deferred payment plan for any amount owed to the Cooperative or any portion thereof The Cooperative shall offer upon request a deferred payment plan to any residential Customer who has expressed an inability to pay all of his or her bill if that Customer has not been issued more than two termination notices at any time during the preceding 12 months A Cooperative is not required to enter into a deferred payment agreement with any Customer who is lacking sufficient credit or a satisfactory history of payment for previous service when that Customer has had service from the present Cooperative for no more than three months In cases of meter tampering bypass or diversion Cooperative may but is not required to offer a Customer a deferred payment plan 8 A deferred payment plan may include a five percent (5i) penalty for late payment but shall not include a finance charge N C If a Customer has not fulfilled terms of a deferred payment agreement the Cooperative shall have the right to disconnect service pursuant to the disconnection rules herein and under such circumstances, it shall not be required to offer subsequent negotiation of a deferred payment agreement prior to disconnection DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED Section Sheet No III 40 Revision Page 324 9 Cancellation of Agreement If Customer terminates service without proper notice or prior to the end of the contract term or Cooperative terminates service due to a default or breach by Customer in addition to the amount then due Cooperative there immediately becomes due and payable to Cooperative as liquidated damages and not as a penalty a further sum equal to the minimum amount specified in the applicable rate schedules or guaranteed in the Agreement for Electric Service for the unexpired term of the Agreement for Electric Service, whichever is greater 324 10 Average Payment Plan Average payment billing is available to Cooperative Customers upon the following terms and conditions A Mutual Agreement Average payment billing is optional to the Customer but subject to the Cooperative's approval in each case Average payment billing allows the Customer to know in advance (subject to certain limitations) the approximate amount he or she will be required to pay each month for electric utility service based upon an average of billings in the past 12 months Average payment billing may not be used to defer payment of a Customer's delinquent electric bills Average payment billing may be advantageous to Customers who experience wide variations in their monthly electric billings N B Customer's Obligation Notwithstanding anything in this section (324 10) a Customer entering into an average payment agreement with the Cooperative shall be obligation to pay for electric utility service the total N DENTON COUNTY ELECTRIC COOPERATIVE INC 111 41 Tariff for Revision Page Electric Service SECTION TITLE I STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED amount of charges that would be applicable to the Customer in absence of any average billing plan or average billing agreement The average payment does not relieve Customer of any obligation to pay based upon actual billing units (e g KWh metered to the Customer) C Average Payment - Monthly Billings Calculation If the Cooperative and the Customer mutually agree to average payment billing the Customer's monthly charges shall be the average of charges which would be due for the proceeding 12 months based on actual billing units If Customer does not have a 12 months history the billing will be based on available billing history but not less than 4 months However this amount is subject to adjustment as provided below Upon demand any amount which would be due based on Customers actual usage shall be paid by the Customer when due in accordance with the Cooperative's standard billing practices N D Eligibility in order to be eligible for average payment billing the Customer must meet the following requirements 1 In the most recent 12 months customer must have occ pi-d a permanent residential dwelling continuously connected to 'he Cooperative's electric system and have had a satisfactory payment history during such period 2 All bills except the current bill for electric utility service if not then due must have been paid DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service eoor.Traar.E TO ALL AREAS SERVED STAMP 42 Page 3 Customer must pay a security deposit of not more than 1/6 n of estimated annual billings if requested by the Cooperative 4 Customer must sign and deliver to the Cooperative and level billing agreement E Termination of Average Payment Billing Average payment billing may be discontinued at any time by either Customer or the Cooperative If average payment billing is discontinued any debit balance will become due and payable immediately A credit balance will either be refunded or applied to future billings At the time average payment billing is discontinued the Customer will be place don the regular method of billing if a Customer fails to pay when due the amount of any average payment billing the Cooperative may at its option terminate level payment billing and any debit balance will become due and payable 325 Customer Relations 325 1 Available Information A Facilities for Providing Electric Service The Cooperative maintains at each of its business offices and makes available to applicants and others entitled to the information a current set of maps plans and records showing the facilities available for service N DENTON COUNTY ELECPRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section III Revision B Cost of Providing Service Prospective residential applicants are informed of the lowest- priced service alternatives available giving consideration to equipment options and installation charges if any Cooperative does not assume responsibility that Customer receives electric service under the most favorable rate schedule If a change in Customer's load or installation occurs which would make Customer eligible for a more favorable rate schedule it is Customer's responsibility to notify Cooperative in writing of such changes and request that a different rate schedule be applied Cooperative is not required to bill Customer under the more favorable rate schedule until a written Agrement For Electric Service is in effect between Customer and Cooperative specifying the new rate schedule When Customer selects a rate schedule or changes its installation to be eligible for selection of new rate schedule Cooperative is not required to make any refunds covering the difference between the charges under the rate schedule in effect and those under any other rate schedule which would be applicable to the same service C Tariffs At each of its business offices the Cooperative maintains and makes available for inspection a copy of its current tariffs including all rate schedules and rates relating to service A copy of any applicable portion of the tariff will be provided upon request Notice of the availability of such tariffs is posted in each business office in the same area where applications for service are received N DENTON CWM ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service .nn, rnr or m m w% Lr.r. ARRAS SERVED STAMP Section Sneet No III 44 Revision Page IV D Meter Reading upon request the Cooperative advises its Customers of the method of reading metQrs 325 2 Customer Comolainta A Upon complaint to the Cooperative by a Customer either at its office by letter or by telephone the Cooperative shall promptly make a suitable investigation and advise the complainant of the results thereof B In the event the complainant is dissatisfied with the Utility's report the Cooperative advises the complainant of the Public Utility Commission's complaint process C The Cooperative keeps a record of complaints showing the name and address of the complainant the date and nature of the complaint and the adjustment or disposition thereof for a period of two years subsequent to the final settlement of the complaint Complaints with reference to rates or charges which require no further action by the Cooperative need not be recorded 329 3 Refund of Deposit During Service Period If a Customer has been required to make a deposit the Cooperative shall pay interest on such deposit as required by Commission Rule 23 43 340 Small Power Production and Cogeneration Section 340 of this tariff and all subsections thereof apply to the interconnection and parallel operation of all qualifying power generating DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff f or Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section Sneer NO III 45 Revision Page installations having a design capacity of 100 kilowatts or less as well as to electric utility service to such generating installations If any other part of these tariffs shall be in conflict with this section Section 340 shall govern with respect to small power production generating installations By agreement the Cooperative and Producer may establish additional or different terms conditions or rates for the sale or purchase of electricity 340 1 Obtaining Interconnection Any person owning or operating a qualifying power generating instal- lation (hereafter "Producer") and desiring to interconnect with the Cooperative's system shall A Comply with Tariff Apply for interconnection provide an easement satisfactory to the Cooperative and otherwise comply with the tariff of the Cooperative B Provide Information At least 60 days in advance of interconnection Producer shall submit a plan showing the electrical design of the generating installation including equipment for interconnection with the Cooperative's system Producer shall also provide such additional information as may be required by the Cooperative In the event Producer's plan involves the use of non-standard equipment or design techniques the Cooperative may require such plan be approved by a registered professional engineer Any review or acceptance of such plan by the Cooperative shall not impose any liability on the Cooperative and does not guarantee the adequacy of Producer's equipment to perform its intended function The Cooperative disclaims any expertise or special knowledge relating to the design or performance of generating installations and does not warrant the DENTON COUNTy ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP III - Revision efficiency cost-effectiveness safety durability or reliability N of generating installations C pay for Extension of Cooperative's Facilities Comply with conditions for extension of the Cooperative's distrib- ution system as may be determined by the Cooperative in accordance with the following extension policy If an extension of Cooperative's distribution system is required for sale or receipt of electric energy to or from a generating installation whether or not in conjunction with another use the Cooperative shall exercise prudent judgment in determining the conditions under which such extension will be made Each case shall be viewed individually considering (1) cost to provide service (2) longevity of the load (3) annual load factor (4) possibility of other loads developing along the proposed line extension, (8) longevity capacity and dependability of power to be received by the Cooperative (6) anticipated annual revenue and (7) compatibility with planned system improvements The Cooperative may require Producer to pay a contribution in aid- of-construction advance for construction or increased annual or monthly minimums and may require a contract term of up to fire years D Provide Liability Insurance Furnish a certificate from Producer's insurance carrier showing satisfactory liability insurance including contractual liability insurance covering indemnity agreements which insures Producer ,r DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPMCAeLE TO ALL AREAS SERVED STAMP Section Sheet No III 67 Revision Page against all claims for property damage and for personal injury or death arising out of resulting from or in any manner connected with the installation operation and maintenance of the Producer s generating equipment The amount of such insurance coverage shall be at least $500 000 00 per occurrence The certificate shall also provide that the insurance policy will not be changed or cancelled during its term without thirty (30) days written notice to the Cooperative E Sion Contract Sign and deliver to the Cooperative an Agreement for Inter- connection and Parallel Operation of a Cogeneration or Small Power Production Installation 100 KW or Less the form of which has been approved by the Public Utility Commission and is contained in these tariffs F Complete Construction Construct the power generating installation and install a disconnect switch and other protective equipment as may be required by the Cooperative to protect its personnel facilities and operations G Comply with Laws Comply with applicable Federal state and local laws ordinances and regulations applicable to power generating installations H Notify Cooperative Notify the Cooperative in writing at least thirty (30) days in N Section 5neet No DENTON COUNTY gygC'1'RIC COOPERATIVE INC III 48 Tariff for Revision Page Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS STAMP Part 2 - Electric Service noncrrenT.W Tn ALL AREAS SERVED advance of energizing the small power generating installation and permit the Cooperative to inspect and test protective equipment I Eliminate Conditions Preventing Interconnection in the event that it comes to the attention of the Cooperative that there are conditions preventing safe interconnection and proper parallel operation it shall notify Producer and Producer shall not interconnect and/or initiate parallel operation until such conditions are corrected and Producer has provided at least ten (10) days written notice to the Cooperative The foregoing are conditions precedent to any obligation of the Cooperative to interconnect or provide any form of electric utility service 340 2 Parallel Operation A Installation With the exception of only the Cooperative's meter(s) the Producer shall own and be solely responsible for all expense installation maintenance and operation of the power generating installation at and beyond the point where Producer's conductors contact Cooperative's conductors The Producer's generating installation shall be designed and installed in accordance with applicable codes regulations and prudent engineering practice B Self Protected Generating installation The Producer will furnish install operate and maintain in good order and repair all equipment necessary for the safe operation of the power generating installation in parallel with th- N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED Cooperative's electric distribution system The equipment will have the capability to both establish and maintain synchronism with the Cooperative's system and to automatically disconnect and isolate the generating installation from the Cooperative's system in the event of an outage of the Cooperative's system or a malfunction of the power generating installation The Producer's power generating installation will also be designed installed and maintained to be self-protected from normal and abnormal conditions in the Cooperative's electric distribution system The conditions for which the power generating installation shall be self-protected shall include but not be limited to overvoltage undervoltage overcurrent frequency deviation and faults The self protection will be compatible with the Cooperative's system protection arrangements and operating policies Specialized protective functions may be required by the Cooperative when in the sole judgment of the Cooperative the par- ticular generating installation characteristics and/or distribution system characteristics so warrant C Quality of Service Producer's generating installation will generate power at the nominal voltage of the Cooperative's electric distribution system at the Producer's delivery point plus or minus five percent (5%) at the nominal system frequency of 60 hz plus or minus one-tenth (1/10) hz Producer shall generate at a power factor that is as near one hundred percent (100%) as is practicable In the event that the power factor 1s less than ninety percent (90%) lagging or leading the Producer will provide proper power factor correction STAMP III I 49 Revision Pa i N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STA4P Section aneec No III 50 Revision Page N (within ten percent (10%) of unity) or reimburse the Cooperative for the cost of any necessary correction The overall quality of the power provided by Producer including but not limited to the effects of harmonic distortion voltage regulation voltage flicker switching surges and power factor will be such that the cooperative's electric distribution system is not adversely affected in any manner In the event that adverse effects are caused in whole or in part by Producer's power generating installation the Producer will correct the cause of such effects or reimburse the Cooperative for the cost of any required correction D Safety Disconnect The Producer or at the Producer's option the Cooperative shall provide and install at the Producer's expense a visible break disconnect switch The disconnect switch will be located so as to be readily accessible to Cooperative personnel in a location acceptable to both the Producer and the Cooperative It shall be the type of switch which can be secured in an open position by a Cooperative padlock The Cooperative shall have the right to lock the switch open whenever in the judgment of the Cooperative (1) it is necessary to maintain safe electrical operating or main- tenance conditions (2) the Producer's power generating install- ation adversely affects the Cooperative's electric distribution system or (3) there is a system emergency or other abnormal operating condition which warrants disconnection IN/ DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section III Revision 51 The Cooperative reserves the right to operate the disconnect for the protection of the Cooperative's system even if it affects Producer's power generating installation In the event the Cooperative opens and closes the disconnect switch it shall not be responsible for energization or restoration of parallel operation of the generating installation The Cooperative will make reasonable efforts to notify the Producer in the event the disconnect switch has been operated The Producer will not bypass the disconnect switch at any time for any reason E Access Persons authorized by the Cooperative will have the right to enter the Producer's property for the purpose of operating or inspecting the disconnect switch or metering Such entry onto the Producer s property may be without notice If the Producer erects or maintains locked gates or other barriers the Producer will furnish the Cooperative with convenient means to circumvent the barrier for access to the disconnect switch and meter(s) F Modifications of Cooperative System in the event that it is necessary at the time of initial interconnection or at some future time for the Cooperative co modify its electric distribution system in order to purchase Dr continue to purchase Producer's output the Producer will reimbu se the Cooperative for all just and reasonable costs of modifications which are allocable to the Producer's small power generati^g installation The modifications may include but are not limi'=d to special interconnection equipment protective devices ccntr 1 devices or upgrading of distribution system components N DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED STAMP Section Sheet No III 52 Revision Page G Liability for Injury and Damages N Producer assumes full responsibility for electric energy furnished to him at and past the point of interconnection and will indemnify the Cooperative against and hold the Cooperative harmless from all claims for both injuries to persons including death resulting therefrom and damages to property occurring upon the premises owned or operated by Producer arising from electric power and energy delivered by Cooperative or in any way arising directly or indirectly from Producer's generating installation except (i) when the negligence of Cooperative or its agent or agents was the sole proximate cause of injuries including death therefrom to Producer or to employees of Producer or in the case of a residential Customer /Producer, to all members of the household and (ii) as to all other injuries and damages to the extent that injuries or damages are proximately caused by or result in whole or in part from (a) any negligence of Cooperative or its agent(s) independent of and unrelated to the maintenance of Cooperative's facilities or any condition on Producer's premises or (b) the breach by Cooperative of any provision of any contract regarding purchase and/or sale of electrical energy or service between Cooperative and Producer The Cooperative shall not be liable for either direct or consequential damages resulting from failures interruptions or voltage and wave form fluctuations occasioned by causes reasonable beyond the control of the Cooperative including but not limited to acts of God or public enemy sabotage and/or vandalism accidents, fire, explosion labor troubles strikes order of any court or judge granted in any bona fide adverse legal proceeding or N DENTON COUNTY ELECTRIC COOPERATIVE INC III 53 Tariff for Revision Page Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service nnorrrnwr.a Tn ALL AREAS SERVED 61 action or any order of any commission tribunal or governmental authority having jurisdiction For claims resulting from failures interruptions or voltage and wave form fluctuations occasioned in whole or in part by the negligence of the Cooperative or its agent(s) the Cooperative shall be liable only for that portion of the damages arising from personal injury death of persons or costs of necessary repairs to or reasonable replacement of electrical equipment proximately caused by the negligent acts of the Cooperative or its agent(s) The Cooperative shall not be liable in any event for consequential damages H Metering If the output of the Producer's generating installation is to be purchased by the Cooperative it will be measured by meters as required for the metering option chosen by the Producer Any necessary meter(s) or meter modification in addition to one standard service meter will be installed maintained and operated by the Cooperative at the Producer's expense A connection will be provided for the meter(s) at the Producer's expense in a location that is acceptable to both the Cooperative and the Producer The Cooperative may at its own expense supply, install and maintain load research metering for the purpose of monitoring and evaluating the Producer's generating installation The metered output of Producer's generating installation will be read by the Producer and at the election of the Cooperat ~e DENTON COUNTY ELECTRIC COOPERATIVE INC III 54 Tariff for Revision Page Electric Service SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service nnoT.TrAW.R TO ALL AREAS SERVED accumulated or monthly readings may be checked at least monthly by representatives of the Cooperative The meter(s) will by comparison with accurate standards be tested and calibrated ea often as necessary The Producer or the Cooperative may reasonably request such tests and shall be given notice of not less than five (5) working days when such tests are to be made Both the Producer and the Cooperative will have the right to be present at such tests if a meter is found to be inaccurate it shall be restored to an accurate condition or replaced if the tests disclose that no unacceptable inaccuracies exist in the meter(s) then the party requesting the tests shall bear the expense of the tests A report of the results of any tests shall be furnished promptly by the party making such tests to the other party Any meter(s) registering a deviation of not more than two percent (2!) from normal shall be deemed accurate The readings of any meter(s) which have been inaccurate shall be corrected according to the percentage of inaccuracy as determined by the testa for a period of no more than ninety (90) days prior to the tests If any meter fails to register for any period the facility output during such period shall be estimated in the best manner possible as agreed upon by the Cooperative and the Producer I Additional Metering ODtion Producers using renewable resources with an aggregate design capacity of 50 kilowatts or less shall be offered the option of interconnecting through a single meter that runs forward and backward N Section Sheet No DEW" COUNTY ELZ=IC COOPERATIVE INC III 55 Tar if for Revision Page fo Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS STAMP Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED J Notice of Change in Installation " Producer will notify the Cooperative in writing fifteen (15) days in advance of making any change affecting the characteristics performance or protection of the generating installation If it comes to the Cooperative's attention that the modification will create or has created conditions which may be unsafe or adversely affect the Cooperative's system then it shall notify Producer and Producer shall immediately correct such condition K Insurance Producer shall continue to maintain insurance as required by the Cooperative prior to interconnection and shall provide proof of such insurance to the Cooperative at least annually 340 3 Sales to Producer Producer's rate class shall be designated by the Cooperative in accordance with the availability and type of service provisions in its rate schedules for all service including Backup Supplementary inter- ruptible and maintenance 340 4 Purchases from Producer A Rate The Cooperative will pay Producer for all power purchased at the following rates (1) Capacity - No payment unless (a) Producers provides firm power by contract or section DENTON COUNTY ELECTRIC COOPERATIVE INC III Tariff for Revision Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED (b) An aggregate capacity value provided by disbursed generating installations can be reasonably estimated and there is an avoided capacity cost (2) Energy - The metered KWH output from the Producer will be purchased at the Cooperative's total energy and fuel cost divided by the total KWhs purchased as calculated from the most recent wholesale power bill In the event that the Producer exercises the option to sell power to the Cooperative there will be in addition to the minimum monthly bill requirements under the applicable service rate schedule(s) a customer service charge of $11 00 per month for metering and billing B Refusal to Purchase The Cooperative may at certain times and as operating conditions warrant reasonably refuse to accept part or all of the output of the Producer's facility Such refusal shall be based on system emergency constraints special operating requirements adverse effects of the Producer's facility on the Cooperative's system or violation by the Producer of the terms of the Agreement °-r interconnection and Parallel Operation of Cogeneration and Sma 1 Power Installations 100 KW or Less 340 5 Definitions A Power Generating Installation Generating Installation shall mean a small power production or cogeneration facility which is a "qualifying facility" under Subpart B of the Federal En- 3/ Regulatory Commission's Regulations under Section 201 of the Public N Section 5neec Yo DENTON COUNTy ELECTRIC COOPERATIVE INC III 57 Tariff Revision Page for Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE To ALL AREAS SERVED Utility Regulatory Policies Act of 1978 including any generator and associated equipment wiring protective devices or switches owned or operated by Producer B Producer means any person firm corporation partnership or other entity owning or operating a power generating installation Section sneer No DENTON COUNTY ELECTRIC COOPERATIVE INC III 58 Tariff for Revision Page Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 3 - Disconnection of Service APPLICABLE TO ALL AREAS SERVED 350 351 Customer Initiated Discontinuance of Service 350 1 Customer's Request Any Customer desiring to discontinue electric utility service from the Cooperative shall make a written request identifying the Customer the service location where discontinuance is desired and the date service is requested to be discontinued Such request shall be filed at any office of the Cooperative 350 2 Disconnection Following receipt of Customer's request for discontinuance of service the Cooperative shall disconnect service Where practicable disconnection is made on the date requested by the Customer however the Cooperative shall not be obligated to make disconnection earlier than the second full business day following receipt of Customers request Cooperative Initiated Discontinuance Iv 351 1 Reasons for Discontinuance The Cooperative may discontinue service to a Customer under any of the following circumstances A Nonpayment of a Bill If the Customer fails or refuses to pay a delinquent account for electric service (whether or not based upon estimated billing) or N DENTON COUNTY ELECTRIC COOPERATIVE INC III 59 Tariff for Revision Page Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS STAMP Part 3 - Disconnection of Service APPLICABLE TO ALL AREAS SERVED B Breach If Customer fails or refuses to perform any obligation under the terms of the Agreement for Electric Service or a deferred payment agreement or C Interference with Service if customer violates any rule pertaining to the use of electric service in a manner which interferes with or is likely to cause interference with electric service to other Customers or operates nonstandard equipment provided that the Cooperative has made a reasonable effort to notify the Customer and provided there has been a reasonable opportunity to remedy the situation or D Failure to Make Aoolication for Service If Customer fails or refuses to make application for service in accordance with these rules in Customer's legal name or E Refusal of Access If Customer fails or refuses to provide the Cooperative reasonable access to its facilities located on Customer's premises or F Default on Guaranty Agreement If a customer has signed a written Guaranty Agreement for another Customer or applicant and fails or refuses to pay the amount due on the guaranteed account when requested to do so by the Cooperative or G Backbilling If Customer fails or refuses to pay when due any billing authorized by these rules resulting from previous underbilling (whether caused N DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 3 - Disconnection of Service APPLICABLE TO ALL AREAS SERVED STAMP Section meet no III 60 Revision Page by meter inaccuracy failure to register misapplication of rates or otherwise) Correction of billings for meter inaccuracy shall be made for the period of six (6) months immediately preceding removal of the inaccurate meter from service for testing or from the time the meter was in service since last tested but not exceeding six (6) months or H Hazardous_Condition When a hazardous condition exists in customer's installation or equipment or I Meter Tampering If Cooperative's meter which serves Customer has been tampered with or bypassed the Cooperative may discontinue service For purposes of this section meter tampering bypass or diversion shall be defined as tampering with an electric meter or equipment bypassing the same or other instances of diversion such as physically disorienting the meter objects attached to the meter to divert service or to bypass insertion of objects into the meter and other electrical and mechanical means of tampering with bypassing or diverting electrical service or there has been a theft of electric service (Section 31 04 of the Penal Code of the State of Texas) or criminal mischief for having damaged or tampered with the Cooperative's property (Section 28 03 of the Penal Code of the State of Texas) The Cooperative may charge for all labor material and equipment necessary to repair or replace all equipment damaged due to meter tampering or bypassing or other service diversion and other costs N N DENTON COUNTY ELECTRIC COOPERATIVE INC III 61 Tariff for Revision Page Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 3 - Disconnection of Service APPLICABLE TO ALL AREAS SERVED 1e necessary to correct service diversion where there is no equipment damage including incidents where service is reconnected without authority An itemized bill of such charges must be provided to the Customer The Cooperative may also estimate and bill the Customer for electric service over the entire period of meter tampering meter bypassing or service diversion 351 2 Notice of Disconnection A Proper Notice Prior to Disconnection for Nonpayment If a Customer fails or refuses to pay the Cooperative in accordance with the provisions of the Agreement For Electric Service service rules applicable rate schedule deferred payment agreement or guaranty agreement then proper notice shall be given prior to disconnection Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection with the words "termination notice" or similar language prominently displayed on the notice The information included in the notice shall be provided in English and Spanish as necessary to adequately inform the Customer If mailed the ^ut- off day may not fall on a holiday or weekend but shall fall on 'ie next working day after the tenth day Payment at a utili~, s authorized payment agency is considered payment to the uti The Cooperative shall not issue late notices or disconnect notices to the Customer earlier than the first day the bill bec-mes delinquent so that a reasonable length of time is allowed o ascertain receipt of payment by mail or at the utility's author ZAd payment agency DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 3 - Disconnection of Service APPLICABLE TO ALL AREAS SERVED STAMP Section :~neet No III 62 Revision Page B Disconnection Without Notice Electric service may be disconnected without any notice to Customer if a hazardous condition exists or for meter tampering or bypassing C Disconnection After Reasonable Notice (1) Electric service may be disconnected for violation of service rules pertaining to the use of service in a manner which interferes with the service of others or the operation of non- standard equipment [Section 351 1(C)] if a reasonable attempt has been made to notify the customer and the customer is prov- ided with a reasonable opportunity to remedy the situation (2) Electric service may be disconnected for failure to make application for service [Section 351 1(D)] refusal of access [Section 351 1(E)] failure to pay a bill to correct previous underbilling [Section 351 1(G)] default on guarantee agreement [Section 351 1(F)] if reasonable notice is given (3) Reasonable notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection with the words "termination notice" or similar language prominently displayed on the notice 351 3 Postponement of Disconnection--Medical The Cooperative will not discontinue service to a delinquent residential customer permanently residing in an individually metered dwelling unit when that Customer establishes that discontinuance of service will result in some person residing at that residence becoming seriously ill or more seriously ill if service is discontinued Each time a Customer seeks to avoid termination of service under this rule the Customer must DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 3 - Disconnection of Service nooT.Trear.F To ALL AREAS SERVED STAMP III I 63 Revision Page have the attending physician call or contact the Cooperative within 16 days of issuance of the bill A written statement must be received by the Cooperative from the physician or health care provider within twenty-six (26) days of the issuance of the Cooperative's bill The prohibition against discontinuance of service provided by this rule shall last sixty-three (63) days from the issuance of the Cooperative's bill or such lesser period as may be agreed upon by the Cooperative and the Customer The Customer who makes such request shall enter into a deferred payment plan 351 4 Effect of Discontinuance of Service A Customer's Obliaatlons Discontinuance of service shall not relieve Customer from any obligation to the Cooperative or lessen or change any obligation in any manner B Cooperative's Rights Discontinuance of service shall not reduce diminish or eliminate any legal right or remedy accruing to the Cooperative on or before the date of discontinuance nor shall discontinuance operate as a waiver of any legal right or remedy Failure of Cooperative to discontinue electric service at any time after default or breach of this tariff or to resort to any legal remedy or its exercise of any one or more of such remedies does not affect the Cooperative's right to resort thereafter to any one or more of such remedies for the same or any default or breach by customer N - Section 61189t No DENTON COUNTY ELEC'PRIC COOPERATIVE INC 111 64 Tariff for Revision Page Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 3 - Disconnection of Service nvvr.Traar.F TO ALL AREAS SERVED STAMP 351 5 Dismantling of Cooperative Facilities The Cooperative may upon discontinuance of electric service to Customer dismantle and remove all lines equipment apparatus or other facilities which the Cooperative may have installed to provide electric service to customer Alternatively the Cooperative may abandon in place in whole or in part its underground lines and equipment in lieu of removing such facilities 351 6 Liability for Discontinuance of Service The Cooperative shall not be liable for any damages of any kind or character resulting from discontinuance or disconnection made pursuant to these rules 351 7 Refund of Membership Fee Within a reasonable time after discontinuance of service (normally 30 days) the Cooperative shall make reasonable efforts to refund Customer's membership fee by mail to the last known address of the Customer if Customer is no longer required to maintain a membership 351 8 Refund of Deposit After disconnection of service if service is not reconnected the Cooperative shall refund the Customer's deposit plus accrued interest on the balance, if any in excess of unpaid bills for service furnished N 0 DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 4 - Definitions APPLICABLE TO ALL AREAS SERVED STAMP Section Sheet No III 65 Revision Page 370 Definitions The following terms when used in this Tariff for Electric Service have the following definitions 370 1 Agreement for Electric Service A written contract between Cooperative and Customer under which Cooperative provides electric service 370 2 Codes Codes governing electrical installations 370 3 Commission The Public Utility Commission of Texas 370 4 Conductors Considered outside of Building At the option of the Cooperative conductors may be considered outside of a building or other structure under any of the following conditions (1) where installed under not less than two inches of concrete beneath a building or other structure or (2) where installed within a building or other structure in a raceway that is enclosed concrete or brick not less than two inches thick 370 5 Connected Load The combined electrical requirement (i a the sum of the capacities and/or ratings) of all motors and other electric power consuming devices installed on the Customer's premises 370 6 Contribution in Aid of Construction A cash payment by Customer to Cooperative in order to prevent burdening other customers through capital expenditures by Cooperative 370 7 Cooperative Denton County Electric Cooperative Inc its successors 1 and assigns N DENTON COUNTY ELECTRIC COOPERATIVE INC Tar if f for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 4 - Definitions APPLICABLE TO ALL AREAS SERVED STAMP III 66 Revision Page 370 8 Customer An individual partnership association joint venture corporation trust governmental agency or other entity who is receiving who is an applicant for or who is receiving the benefit of electric service at a specified point of delivery 370 9 Customer's Electrical Load The power and energy of all motors and other electricity-consuming devices on Customer's premises which are operated simultaneously from electric service provided by the Cooperative 370 10 Customer's Electrical Installation All conductors equipment or apparatus of any kind on Customer's side of the point of delivery except Cooperative's metering equipment used by Customer in taking electric service 370 11 Demand The rate at which electric energy is used at any instant or averaged over any designated period of time 370 12 Demand Interval The specified interval of time on which a demand measurement is based The Cooperative's demand interval is normallf 5 minutes 370 13 Distribution System Cooperative's primary and secondary ~o age conductors, transformers switchgear connection enclosures pedestals services and other associated equipment used to provide elect-ic service 370 14 Dwelling Unit A room or rooms suitable for occupancy as a reside^-e containing kitchen and bathroom DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 4 - Definitions APPLICABLE TO ALL AREAS SERVED STAMP Section SR@et No III 67 Revision Page 370 15 Electric Service Electric power and energy produced transmitted and distributed and provided or made available by Cooperative at the point of delivery 370 16 Energy The measure of how much electric power is provided over time for doing work The electrical unit is the watt-hour or kilowatt-hour 370 17 Inspection Authority Generally an incorporated city or town but may be an agency of the county state or federal government 370 18 Kilowatt 1 000 watts abbreviated "KW " 370 19 Kilowatt-Hour 1 000 watt-hours abbreviated "KWh " 370 20 Load Factor The ratio usually stated as a percentage of actual kilowatt-hours used during a designated time period to the maximum kilowatts of demand times the number of hours occurring in the designated time period The designated time period is the number of hours in a month or the number of hours in a year 370 21 Maximum Electrical Load The maximum power and energy of all motors and other electricity consuming devices on Customer's premises which are operated or expected to be operated simultaneously from electric service provided by Cooperative at one point of delivery, measured in kilowatts 370 22 Meter A device or devices together with any required auxiliary I equipment for measuring electric service N DENTON COUNTY ELECTRIC COOPERATIVE INC III Tariff for Revision Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS Part 4 - Definitions APPLICABLE TO ALL AREAS SERVED STAMP 370 23 Permanent Electric Service Electric service provided to Customer for a period of time in excess of a year and not used for short-term temporary or seasonal periods of less than twelve months except that construction power is not considered to be permanent electric service even though provided for a continuous period of time in excess of twelve months 370 24 Permanent Installation Any installation that is A Constructed on or permanently affixed to a concrete slab or concrete piers (not blocks) and which is actually used or occupied on a permanent full-time basis or B Any other structure which meets all of the following criteria (1) The structure which must be impractical to move Mobile homes with wheels trailer hitch and axle removed are considered impractical to move (2) The structure must be actually used or occupied on a permanent Cull-time basis (3) The structure must be located on property owned by the Customer or leased by the Customer (4) The structure must be permanently connected to a water system and must also be permanently connected to a sewer or septic system 370 25 Person Any individual partnership association joint venture corporation trust or governmental entity 370 26 Point of Delivery The point where Cooperative's conductors are , connected to Customer's conductors DENTON COUNTY ELECTRIC COOPERATIVE, INC III 69 Tariff for Revision Page Electric Service PUC SECTION TITLE STAMP SERVICE RULES AND REGULATIONS Part 4 - Definitions eooT. Trnwr.v Tn ALL AREAS SERVED 370 27 Power The rate at which electric energy is provided for doing work The electrical unit of power is the watt or kilowatt 370 28 Power Factor The ratio of real power in kilowatts to apparent power in kilovoltemperes for any given load and time generally expressed as a percentage ratio 370 29 Raceway Tubular or rectangular channel or conduit for containing electrical conductors which may be exposed buried beneath the surface of the earth or encased in a building or structure 370 30 Rate Schedule A statement of the method of determining charges for electric service including the conditions under which such method applies 370 31 Service Availab designating the conductors the type of service location under provided ility Statement A statement from the Cooperative acceptable location of the Customer's service entrance proper location of meters and metering equipment the available which will be made available at the specific consideration at the capacity of the service to be Ir 370 32 Service Drop overhead conductors that extend from Cooperative s overhead distribution system to the point of delivery where connection is made to Customer's electrical installation 370 33 Service Entrance Conductors Conductors provided by Customer extending from Customer's electrical equipment to the point of delivery where connection is made N Section Sheet No DENTON COUNTY ELECTRIC COOPERATIVE INC III 70 Tariff Re for vision Page Electric Service SECTION TITLE SERVICE RULES AND REGULATIONS STAMP Part 4 - Definitions noor.TraRr.w.. Tn ALL AREAS SERVED 370 34 Service Rules and Regulations or Service Rules Any service rule or N regulation of the Cooperative approved by the Public Utility Commission of Texas and contained in Section III of these tariffs 370 35 Tariff(s) All provisions of this document including but not limited to provisions regarding (1) Utility Operations (2) Rates and Charges (3) Service Rules and Regulations and (4) Forms 370 36 Temporary Electric Service Electric service provided to Customer for a single continuous period of time which is less that twelve consecutive months except that construction power even though provided for a continuous period of time in excess of twelve months is considered to be temporary electric service 370 37 Watt The rate at which electric power is provided to do work One watt is the power represented by a current having a component of one ampere in phase with and under a pressure of one volt 370 38 Watt-Hour A unit of work or energy equivalent to the power of one watt operating for an hour N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED DENTON COUNTY ELECTRIC COOPERATIVE, INC AGREEMENT FOR ELECTRIC SERVICE G The undersigned (the "Customer") hereby makes application and agrees to purchase electric service from DENTON COUNTY ELECTRIC COOPERATIVE INC (the "Cooperative") upon the following terms and conditions 1 Service Cooperative agrees to use reasonable diligence to provide electric utility service to a point of delivery at Customer's service location The electric service contracted for herein is to be provided and taken in accordance with the provisions of this Agreement and Cooperative's tariff SAID TARIFF INCLUDING SERVICE RULES AND REGULATIONS, IS A PART OF THIS AGREEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREIN AND IS ON FILE AND AVAILABLE AT THE COOPERATIVE'S OFFICES IN DENTON TEXAS Any tariff provision (including rates) may be changed by order or consent of any regulatory authority having jurisdiction thereof whether or not at the request of the Cooperative The Cooperative's LIABILITY is LIMITED as provided in its tariff 2 payment Customer agrees to purchase and pay for electric service in accordance with Cooperative's tariff Periodically Cooperative will render to Customer a statement of services rendered Customer agrees to pay the total amount shown on such statement within sixteen (16) days from its date Payment shall be made to Cooperative at its office in Denton County, Texas 3 Term This Agreement For Electric Service shall continue in force for an initial term of years from the date service is made available by the Cooperative to the Customer After the initial term this agreement may be terminated by either party giving notice a Breach Upon failure to make payment or perform any obligation under this Agreement thCooperative shall have the right to discontinue service as well as ocher remedies that may be available by law 5 C~atomer's Installation/Safety Customer warrants that his or her installation (including all conductors switches equipment wiring and protective devices of any kind) is constructed and will be maintained in accordance with the National Electrical Safety Code of the American Standards Association as well as applicable ordinances Customer understands that electricity conducted through the Cooperati e s facilities may be dangerous and agrees that Customer shall not permit any person on Customer's premises to contact or come in close proximity to Cooperative's facilities C PUC STAMP ion IV I 1 Revision Page DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED 6 E tiro Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements between Customer and Cooperative for the service herein described Customer agrees the Cooperative its agents and employees have made no representations promises or any inducements written or verbal which are not contained herein 7 Amortization of Line Extension Cost In addition to the minimum charge stated in the applicable rate schedule Customer agrees to pay $ per month during the initial term of this Agreement to amortize line extension costa 8 Aid to Construction Customer shall make a non-refundable contribution in aid of construction in the amount of $ DENTON COUNTY ELECTRIC COOPERATIVE INC CUSTOMER By Manager or Authorized Employee Date PUC STAMP By Property Owner C By Tenant C IV I 2 Revision Page DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED PUC STAMP ion IV 3 Revision Page ~J ELECTRIC UTILITY EASEMENT AND COVENANT OF ACCESS STATE OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS COUNTY OF S That the undersigned hereinafter called "Grantor" (whether one or more) for good and valuable consideration including the approval and execution of an Agreement For Electric Service by DENTON COUNTY ELECTRIC COOPERATIVE INC (hereinafter called the "Cooperative") does hereby covenant access to and grant sell and convey unto the Cooperative an easement and right-of-way upon and across the following described property of grantor The right-of-way easement, rights and privileges herein granted shall be used for the purpose of providing electric utility service (overhead or underground) including placing constructing operating, repairing inspecting rebuilding replacing removing relocating electric lines distribution facilities or equipment as well as reading any meter or performing any act related to the provision of utility service The Cooperative is specifically granted pedestrian and vehicular ingress and egress DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service SECTION TITLE PUC STAMP FORMS APPLICABLE TO ALL AREAS SERVED The width of the easement shall be either side of Cooperative's lines poles or easement shall be from fifteen (15) feet beneath feet above the ground on IV 4 Revision Page N feet one-half (1/2) of such distance on other facilities The height of the the surface of the ground to a height of The easement right and privilege herein granted shall be perpetual unless abandoned or the easement is not used for a period of 10 years appurtenant to the land and shall inure to the benefit of the Cooperative's successors and assigns Grantor represents that he is the owner of the above-described tract of land and binds himself his heirs assigns and legal representatives to warrant and forever defend the easement and rights described herein to the Cooperative its successors and assigns The Cooperative shall have the right to use so much of the surface of the hereinbefore described property of Grantor as may be reasonably necessary to construct and install within the right-of-way granted hereby the facilities that may at any time be necessary for the purposes herein specified The Cooperative shall have the right to clear the right-of-way of all obstructionsh to cut and trim trees within the right-of-way or chemically treat trees or shrubbery herbicides Reasonable Notice shall be given in advance of the use of herbicides and Grantor may remove vegetation prior to treatment with herbicides if desired Grantor further covenants that Grantor his heirs successors and assigns shall facilitate and assist Cooperative personnel in exercising their rights and privileges herein described at all reasonable times and shall not build construct or cause to be erected any building or other structure that may interfere with the provision of electric service or the exercise of the rights granted to the Cooperative herein WITNESS HAND _ this _ day of A D 19 V DENTON COUNTY ELECTRIC COOPERATIVE, INC IV 5 Tariff for Revision Page Electric Service SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED PUC STAMP THE STATE OF TEXAS 5 S COUNTY OF S 19 BEFORE ME the undersigned authority on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of Notary Public in and for the State of Texas N (Printed or Stamped Name of Notary) My commission Expires N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service PUC SECTION TITLE STAMP FORMS APPLICABLE TO ALL AREAS SERVED on IV 6 Revision P DENTON COUNTY ELECTRIC COOPERATIVE, INC Denton Texas DEFERRED PAYMENT AGREEMENT N I the undersigned promise to pay to the order of DENTON COUNTY ELECTRIC COOPERATIVE INC Texas $Dollars monthly on my outstanding, bill of $ Dollars Each installment shall be paid on or before the 15th day of each month with the first installment of $ Dollars due on and the final installment of $ Dollars due on Service will not be discontinued for non-payment of previous billing if Customer pays current villa in addition efullforegoing current and future electric b ills thhall stipulated above or failure to pay in constitute grounds for disconnection of electric service without further negotiation IF YOU ARE NOT SATISFIED WITH THIS CONTRACT OR IF AGREEMENT WAS MADE BY TELEPHONE AND YOU FEEL THIS CONTRACT DOES NOT REFLECT YOUR UNDERSTANDING OF THAT AGREEMENT CONTACT THE COOPERATIVE IMMEDIATELY AND DO NOT SIGN THIS CONTRACT IF YOU DO NOT CONTACT THE COOPERATIVE OR IF YOU SIGN THIS AGREEMENT YOU GIVE UP YOUR RIGHT TO DISPUTE THE AMOUNT DUE UNDER THE AGREEMENT EXCEPT FOR THE COOPERATIVE'S FAILURE OR REFUSAL TO COMPLY WITH THE TERMS OF THIS AGREEMENT Signed By Date r~ DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED PUC STAMP IV 7 Revision Page CONTRACT OP GUARANTY DENTON COUNTY ELECTRIC COOPERATIVE INC N WHEREAS Denton County Electric Cooperative Inc a Texas Corporation hereinafter called "Cooperative " as a condition to furnishing residing at hereinafter called "Applicant " electric service at has requested Applicant to establish credit by making a cash deposit with said cooperative to secure payment for electric service or in lieu of such a deposit to furnish a satisfactory guaranty of payment for electric service and whereas the undersigned Guarantor residing at in consideration of the Cooperative furnishing the Applicant electric facilities and service without requiring such a deposit at this time hereby guarantees to the Cooperative the payment by the Applicant of all charges for facilities and service of all k a whatsoever for which the Applicant may be liable under applicable tariff prov. ons rules and regulations of the Cooperative by reason of his having contracted for electric service at hereinabove stated Now therefore The undersigned Guarantor covenants and agrees that if Applicant at any time shall fail or refuse to pay when due all charges for electric facilities and service the undersigned Guarantor will upon demand of the Cooperative pay all such charges In the event Guarantor defaults in making payment Guarantor agrees that the amount due from Applicant may be transferred to any account Guarantor has with the Cooperative and Guarantor understands and agrees that Guarantor's electric service is subject to termination if all charges including the charges due from Applicant which have been transferred to Guarantor's account are not promptly paid when due The undersigned Guarantor hereby waives right to notice of acceptance of this guaranty and further waives right to notice of default in payment by said Applicant and consents that time of payment may be extended by the Cooperative without notice thereof If suit is brought to enforce Guarantor's obligation herein assumed, Guarantor shall pay all court costs and reasonable attorney fees thereby incurred by the Cooperative This guaranty shall remain in full force and effect until 30 days after receipt by the Cooperative of Guarantor's written notice to terminate, provided however that Guarantor's liability hereunder shall remain in effect thereafter with respect to any and all obligations for electric service incurred by Applicant at any time prior to said termination date This guaranty shall not be affected by the removal of service from the address stated to a different address nor by any change in the class of service contracted for or any extension of payment The undersigned Guarantor's liability under this guaranty shall not exceed dollars DENTON COUNTY ELECTRIC COOPERATIVE INC IV I Tariff Revision Page for Electric Service SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED PUC STAMP Signed and sealed this day of 19 Guarantor Guarantor IV THE STATE OF TEXAS S COUNTY OF BEFORE ME the undersigned authority on this day knownpersonally to me toa be aced and persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of 19 Notary Public in and for the State of Texas (Printed or Stamped Name of Notary) ACCOUNT DISCLOSURE AUTHORIZATION The undersigned Applicant for electric utility services hereby authorizes Denton County Electric Cooperative Inc to disclose information to the Guarantor regarding the nature of the charges and the amount due and outstanding on Applicant's account for electric service so long as this Contract of Guaranty remains in effect Signed this day of 19- Applicant N DENTON COUNTY ELECTRIC COOPERATIVE, INC SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED PUC STAMP IV Revision AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF COGENERATION OR SHALL POWER PRODUCTION INSTALLATION 100 KW OR LESS N THIS AGREEMENT made this _ day of 19 by and between , hereinafter referred to as the -Producer" and Denton County Electric Cooperative Inc hereinafter referred to as the "Cooperative" is as follows 1 Purpose Producer owns or intends to own and/or operate a qualifying electric power generating installation and desires to interconnect and operate such installation in parallel with Cooperative's electric distribution system This agreement defines the relationship between the Cooperative and Producer including terms affecting purchase and sale of electricity as well as reasonable conditions for interconnection and parallel operation 2 Producer's Generating Installation The generating installation to which this agreement applies is described as Make Model Serial N Fuel or Energy Source Nameplate Output Rating kw Operating voltage volts Connection phase Located at Emergency Contact Name Address Phone taneous arms The Cooperative agrees to use reasonable diligence electric service Interconnection parallel operation sales electricity will be governed by the Cooperative's Tariff including any hwt may hereafter be approved or ordered by any regulatory + Tariff for Electric Service to provide simul- and purchases of and all amendments authority having DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service PUC SECTION TITLE STAMP FORMS APPLICABLE TO ALL AREAS SERVED ion I Sheet No IV 10 Revision Page N jurisdiction SAID TARIFF including all service rules regulations and rates IS A PART OF THIS AGREEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREIN AND IS ON FILE AND AVAILABLE AT THE COOPERATIVE'S OFFICE IN DENTON TEXAS 4 Interconnection Prior to interconnection Producer shall have (1) fulfilled all requisites for the provision of electric utility service contained in the tariff (2) provide an interconnection plan and other information, (3) comply with conditions for line extension (4) provide satisfactory liability insurance (5) sign and notice deliver this Agreement (6) complete construction (7) comply with laws (8) give energize and (9) eliminate any conditions preventing interconnection Producer warrants to Cooperative that Producer's power generating installation is constructed and will applicable maintained in a safe and reliable condition and will comply with the codes 5 Parallel Operation Producer is responsible for installation safe operation protection and maintenance of all equipment and wiring at and beyond the point where Producer's conductors contact the Cooperative's conductors The electrical power generated shall be compatible with Cooperative's standard distribution system at the point of delivery and of such quality that Cooperative's system is not adversely affected Producer shall install and/or pay for a visible break disconnect switch The Cooperative shall have access to the disconnect switch and meter(s) at all times The Cooperative's LIABILITY IS LIMITED in accordance with its tariff and Producer agrees to indemnify and hold the Cooperative harmless from all claims except as specified in the tariff 6 P,rchasea of Electricity from Producer At the option of the Producer the Cooperative will purchase No output from the generating installation while allowing the Producer to use the output to offset the Producer's total consumption with the Producer's meter(s) modified to prevent reverse metering or The net surplus output from the generating installation as measured by a second service meter which records the net surplus output of Producer into the Cooperative's system, where the net surplus is defined to be the accumulated instantaneous output of the Producer in excess of Producer's simultaneous instantaneous load DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED PUC STAMP IV 11 Revision Pa or The output of Producer's generating installation as measured by a second meter which records the output while charging the Producer for the Producer's consumption The Cooperative will pay for electricity purchased from Producer at the applicable tariff rate for qualifying power generation installations At the option of the Producer the Cooperative will Iv Credit the value of all output purchased from the Producer's generating installation against the monthly bill for service for the month following receipt of the Producer's meter reading(s) for the monthly billing cycle or Pay Producer by check for all output purchased from Producer's generating installation within days from receipt of the Customer's meter reading(s) for the monthly billing period Sas of Electric Service to Producer Producer agrees to pay for electric 7 le service in accordance with the rate schedule applicable to class If any tariff or rate is changed by the Cooperative or by order or consent of any regulatory authority having a jurisdiction thereof whether or not at the request of the Cooperative such changed tariff rate or redefined class of service shall be applicable to service provided hereunder from and after the effective date of such change as approved by the appropriate regulatory authority Periodically Cooperative will render to Producer a statement of services rendered Producer agrees to pay the total amount shown on such statement within sixteen (16) days from its date Payment shall be made to Cooperative at its office in Denton Denton County Texas 8 Term The acceptance of this instrument by the Cooperative shall constitute an agreement between the Producer and the Cooperative which shall continue in force EDr an initial term of years (not to exceed 5 years) from the date service is made available by the Cooperative to the Producer After the initial term this agreemer~ may be terminated by either party giving at least thirty (30) days written notice In the other 9 reach The failure or refusal to perform any obligation contained 'I this agreement shall constitute a breach of this agreement The parties shall have such DENTON COUNTY ELECTRIC COOPERATIVE, INC Tariff for Electric Service PUC SECTION TITLE STAMP FORMS IV 12 Revision Page I APPLICABLE TO ALL AREAS SERVED N remedies for breach as may be provided for at law or in equity Notwithstanding any other provision of this agreement Cooperative may discontinue service oifothodu a has breached any portion of this agreement by failure to make timely payment 10 Eakire Agreement This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between Producer and Cooperative for the described o service herein representatio t promises, or made anyinducements t written agents or n verbal, whichhare not con- tained herein Producer agrees that it is not relying on any statements not herein contained 11 Assignment This agreement shall not be assigned by Producer except in accordance with the Articles Bylaws and rules and regulations of Cooperative This agreement shall inure to the benefit of Cooperative's assigns 12 Interconnection Cost Producer agrees to pay for extension of Cooperative's facilities and other interconnection costs as follows $ in advance of any work by the Cooperative or $ per month as an increased monthly minimum over and above the applicable minimum stated in the Cooperative's tariff 13 Receipt of Tariff Producer acknowledges receipt of a copy of the Cooperative's tariff DENTON COUNTY ELECTRIC PRODUCER COOPERATIVE INC By General manager 0 DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED PUC STAMP IV 13 Revision Pa Addendum to Agreement for Interconnection and Parallel operation of Cogeneration or Small Power Production installation, 100 KW or Less This addendum made the County Electric Cooperative first paragraph of Section 6 of Cogeneration or Small Powe dated N day of 19_ by and between Denton Inc hereinafter referred to as the "Cooperative" and hereinafter referred to as "Producer" modifies the of the Agreement for Interconnection and Parallel Operation ~r Production Installation 100 KW or less between the parties 19 as follows Producer certifies that he/she is using renewable resources in a generating installation (qualifying facility under FERC rules) with an aggregate design capacity of 50 kilowatts or less and hereby elects to interconnect through a single meter that runs forward and backward Witness our hands Denton County Electric Cooperative Inc By Title Producer By Title N DENTON COUNTY ELECTRIC COOPERATIVE INC Tariff for Electric Service SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED PUC STAMP V I 14 lion Page DENTON COUNTY ELECTRIC COOPERATIVE INC AVERAGE BILLING PLAN NAME ISSUED BY ADDRESS ISSUE DATE EFFECTIVE DATE ACCOUNT N KEYED BY DATE N The typical family's usage of electricity varies from month to month resulting in a wide range of electric bills As a convenience to customers who so desire Denton County Electric Cooperative is offering an Average Billing Plan This will allow the Customer to make monthly payments based on the previous 12 months' average on their account The requirements for entering into this agreement are as follows 1 AVERAGE BILLING PAYMENTS The Denton County Electric Cooperative hereinafter called "the Cooperative " will determine the average billing by the following procedures A A customer who has received service for 12 months will be billed monthly based on the previous 12 month average B If a customer does not have a 12 month history the average will be based on the billing history available A minimum of four months billing history is required 2 BILLING PROCEDURE The customer will receive a monthly statement based on a 12 month average The customer will be required to pay only the average billing All other billing procedures will still apply 3 LATE PAYMENT The average billing payment is due upon issuance of each month's bill, and is to be paid no later than 16 days after issuance If payment is not received before the due date the Cooperative has the right to declare all unpaid charges immediately due and payable 4 DISCONTINUATION OF SERVICE If the customer moves, or for other reasons electric, service is discontinued, the total amount owed to the Cooperative according to actual billing shall become due and payable immediately 5 CONTRACT LIMITED TO CUSTOMER The accounts entering into the average billing plan) shall be limited to customers with membership in their name A T----- DENTON COON ELWMIC COOPERATIVE INC IV 15 Tariff Revision Pa for Electric Service PUC STAMP SECTION TITLE FORMS APPLICABLE TO ALL AREAS SERVED Ian will be offered to customers with no delinquent 7 PAY RECORD The average billing p payments in the previous 12 months er's account must have a zero balance before the a STATEMENT BALANCE Each custom average billing plan will begin I certify that I have read the terms of this contract and meet all of the above requirements I would like my account of be entered in to the average billing plan I understand this contract is invalid 30 days after the issue date it not signed l CUSTOMER DENTON COUNTY ELECTRIC COOPERATIVE INC l By Manager or Authorized Employes N