2017-261S:\Legal\Our Documents\0rdinances\l7\Ordinance - Oncor Electric Rearrange-WR3202549-248k Mayhill RD.docx
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WHEREAS, the City of Denton ("City") is presently undertaking the Mayhill Road Wid-
ening & Improvements project CCSJ: 0918-46-246, constituting the widening of a two lane rural
road to a four lane urban section from US Highway 380 (University Drive) to North of Edwards
1s1 "Project"); and
WHEREAS, Oncor("Oncor"),
conflict planneda and
WHEREAS, Oncor's conflicting electric infrastructure is located in preexisting easements
owned by Oncor, therefore necessitating that the costs for rearrangement of said infrastructure be
borne by
WHEREAS, the City and Oncor desire the enter into a Discretionary Services Agreement
(the "Agreement") to provide for the rearrangement of ncor's conflicting electric infrastructure;
and
Denton;WHEREAS, the City Council finds the transaction contemplated by the Agreement is in
the best interest of the citizens of the City of NOW, • !!
SECTION wl . The recitals and findings contained in the preamble of this ordinance are
expressly incorporated herein.
or designee,
Agreement, for and behalf of of Denton,said Agreement being attached hereto
Exhibitand incorporated herein as and to complete the actions further contemplated
including the expenditure of •
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.. � ...�
PASSED AND APPROVED this the
_—��.---- day of
C f Ws''" �,°fi'TS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AlIP
AARON LEAL, INTERIM CITY ATTORNEY
BY
Page 2
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms r
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 1 of 2
6.3.5 Discretionary Service Agreement WR# 3202549
Transaction ID� - 57
This Disoretionary Service Agreement ("Agreement") Is made and entered into this day of , 2017 , by Oncor
Electric Delivery Company LLC ("Oncor Electric Delivery Company"or "Company"), a Delaware limited liability company and distribution utility,
and_. of Denton 'Customer"), a
tv
each hereinafter sometimes referred toltv individually as ""Party" or both referred to colle tiive y as the ""Parties", In consideration I
of the mutual
covenants set forth herein, the Partles agree as follows::
1. Discretionary Services to be Provided -- Company agrees to provide, and Customer agrees to pay for, the following
discretionary services In accordance with this Agreement.
The Customer agrees to pay $248,437 for Company WR 3202549 to relocate facilities along the Mayhill Road North project.
The Company work locations are at E. McKinney ST. and N. Mayhill Road, Mills road and North Mayhill Rd., and Russell Newman Blvd. and
North Mayhill Rd.. It is proposed to clear cut and/or trim vegetation, provide traffic control, install 13 poles, remove various poles, replace 1 195f
of 24kv 3 phase circuit, make various transfers of Company facilities, and switch electrical feeds as required.
Z Nature of Service and Company's Retail Delivery Service Tariff-- Any discretionary services covered by this Agreement
will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ("PUCT") Substantive
Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as It may from time to tirne
be fixed and approved by the PUCT ("Company's Retail Delivery Tarifff'). During the term of this Agreement, Company is entitled to discontinue
service" interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules
and Company'"s Retali DeliveryTarfff', Company's Retail Delivery Tariff Is part of this Agreement to the same extent as if fully set out
Herein. Unless otherwise expressly stated In this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail
Delivery Tariff.
3, Discretionary Service Charges -- Charges for any discretionary services covered by this Agreement are determined in
accordance with Company"s Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning
discretionary service charges,.
4. Tenn and Termination -- This Agreement becomes effective upon acceptance by Customer and continues in effect until
12-15-17 . Termination of this Agreement does not relieve Company or Customer of any
obligation accrued or accruing prior to termination.
5. No Other Obligations -- This Agreement does not obligate Company to provide, or entitle Customer to receive, any service
not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that it
may desire from Company or any third party,
6. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects
be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable
federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction.
7. Amendment This Agreement may be air ended only upon mutuai agreement of the Parties, which amendment will not be
effective until reduced to writing and executed by the Parties; But changes to applicable PUCT Substantive Rules and Company's Retail
Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement,
8. Entirety of Agreement and Prior Agreements 'Superseded — This Agreement, Including all attached Exhibits, which are
expressly made a part hereof for ail purposes, constitutes the entire agreement and understanding between the Parties with regard to the
service(s) expressly providedfor In this Agreement, The Parties are not bound by or liable for any statement, representation, promise,.
Inducement understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or
provided for herein, This Agreement replaces all prior agreements and undertakings, oral or written„ between the Parties with regard to the
subject matter hereof, including without limitation_ and all such agreements and undertakings
are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements
covering other services not expressly provided for herein, which agreements are unaffected by this Agreement.
9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United
States certified mail, return receipt requested, postage prepaid, to:
(a) If to Company:
Gncrar
CLO Gary Wilson_
115 W St. S # 25
Port Worth, Texas 71x102"
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 2 of 2
(b) If to Customer:
City of Denton
Chad Allen
901 Texas St. Ste,
De to T.7
The above -listed names, titles, and addresses of either Party may be changed by written notification to the other.
10. Invoicing and Payment — Invoices for any discretionary services covered by this Agreement will be mailed by Company to
the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from
Company, in which case Company is entitled to transmit electronic invoices to Customer.
City of Denton
Chad All
901 Texas Ste A.
Dem Tx, 75209
If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic
invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must
receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice, a
late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per
invoice period.
11. No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of
this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties.
12. Taxes -- All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes) applicable by
reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer.
13. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for
convenience of reference only and are to be afforded no significance In the interpretation or construction of this Agreement.
14. Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an
original but all constitute one and the same instrument.
15. Other Terms and Conditions —
(i) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a public
utility or governmental entity, that are located within real property owned by Customer. In the event that Customer has failed to do so, or in the
event of the existence of such facilities of which Customer has no knowledge, Company, its agents and contractors, shall have no liability, of any
nature whatsoever, to Customer, or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such
undisclosed or unknown facilities.
(ii) City of Denton agrees that payment shall be made within 30 days of the date the project
is completed or the date the invoice is received, whichever is later.
(iii)The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities only and do not
include any charges related to the relocation of any facilities owned by a franchised utility, governmental entity, or licensed service provider
(Joint User). The customer must contact all Joint Users and make arrangements to have their facilities transferred or relocated. Oncor Electric
Delivery cannot complete the relocation/removal of facilities outlined in this agreement until Joint User(s) remove their facilities attached to Oncor
Electric Delivery Poles.
(N) The Company will process for permitting with the City of Denton and if any part of the proposed construction Is denied or
modified then this agreement will be renegotiated The City of Denton agrees to resolve all Oncor and Denton Municipal Electric distributlon and
transmission conflicts prior to signing this agreement. The charges noted in this agreement are based on a cleared construction route being
provided by the customer.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives.
Oncor Electric Delivery Company LLC
S' atua°e
James C. Chase
Printed Name
Distribution Major Design Manager
Title
August 3, 2017
Date
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NOTE:
CLEAR & TRIM TREES AS NEEDED
4of5
EXHIBIT "A"
HANGE OUT GUY
53 89.3' RT.
)VE POLE
VC -3 WOOD POLE
47 70' RT. RT,
(OVE POLE
95'C-3 WOOD POLE
53 69' RT..
)VE POLE
55'C-3 WOOD POLE
SHEET 2 OF 3
INSTALL
i
GUY 1.5' IN ROW
INSTALL 65'C-3 WP
& DOWN GUY 1.5` IN RO
E
REMOVE POKE
v
14
a
x
EXHIBIT "A"
MAYHILL ROAD WIDENING
CITY OF DENTON
INSTALL 65'C-3 WP
& DOWN GUY 1.5' IN ROW
INSTALL DOWN GUY 1.5' IN ROW
REMOVE POLE
22' MINIMUM ROAD AND GROUND CLEARANCE
SHEET 3 OF 3