2017-262SALegal\our Docurl7ents\Ordirrznces\17\Ordinance - Oncor Electric Rearrange-WR3202552-90k MayhiII RD,docx
ORDINANCE•
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
I.d... "Project"); ♦ '...
WHEREAS, Oncor Electric Delivery Services Company, LLC ("Oncor") has existing elec-
infrastructure
Iis in directconflict. planned roadimprovements;. d
ownedWHEREAS, Oncor's conflicting electric infrastructure is located in preexisting easements
thereforea. a !. - I "costsfor rearrangement
saidinfrastructurebe
borne b and
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
CouncilWHEREAS, the City • the transaction contemplated
the best interest of the citizens of the City of Denton; NOW, THEREFORE;
5ECTION.1.11., The recitals and findings contained in the preamble of this ordinance are
expressly incorporated herein.
designee,SECTION 2. The City Manager, or his is herebyauthorized
expenditureAgreement, for and on behalf of the City of Denton, Texas, said Agreement being attached hereto
and incorporated herein as Exhibit "A," and to complete the actions further contemplated thereby,
including the
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the'.. lqt day of 2017.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
-it - -
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
................................ . .
Page 2
CHRIS I WATTS54,1AYOR
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 1 of 2
6.3.5 Discretionary Service Agreement WR# 3202552
Transaction ID.---- - 4986
This Discretionary 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 City of Denton ("Customer'), a Municioality
each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties". In consideration of the mutual
covenants set forth herein, the Parties agree as follows:
1. Discretionary Services to be Provided -- Company agrees to provide, and Customer agrees to pay for, the following
discretionary services in accordance with this Agreement.
The Customer agrees to pay $90,156 for Company WR 3202552 to relocate facilities along the Mayhill Road South project.
The Company work locations are at Quail Creek Trail and S. Mayhill Road Area and S. Mayhill Road near Foster Road. It is proposed to
provide traffic control, install 15 poles, install 636ft of 1 phase circuit, remove 500ft 1 phase circuit, install 262ft of a bored 2" conduit with 1
phase circuit under the existing roadway, and make various switching of electrical feeds.
2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement
will be provided by Company, and accepted by Customer, in 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 time
be fixed and approved by the PUCT ("Company's Retail Delivery Tariff'). 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 Retail Delivery Tariff. 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 S ervice 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. Term and Termination -- This Agreement becomes effective upon acceptance by Customer and continues in effect until
12-1,5-17 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 amended only upon mutual 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 ma de a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the
service(s) expressly provided for 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:
UnGor
C!'0 Ga ry Wilson
115 W. 7th S r. Ste#2
Fort Worth Texas 76102
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:
Cily of Denton
had Allen
901 TexasA
D n on T . 76209
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 Allen
1 Texas L Ste
Denton Tx 76209
If Company transmits electronic invoices to Customer, Customer mu st 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,
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 C ounterparts — This Agreement may be executed in two or m ore 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 Users) remove their facilities attached to Oncor
Electric Delivery Poles.
(iv)
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 renogotiated. The City of Denton agrees to resolve all Oncor and Denton Municipal Electric distribution 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 EI ry ompan y
Electric Delivery L C r
C;idv of Denton
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INSTALL 50'C-3 WOOD POLE
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,10 12 WL 10" GAS LINE INSTALL 45' C-3 WOOD POLE
LOCATION AND DEPTH OF OTHER UTILITIES WILL HE DETERMINED IN THE FIELD
ONCOR WILL HAVE MINIMUM 2' SEPARATION UNDER OTHER UTILITIES
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Oncor ElectricDeliver
Company LLC
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CITY OF
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DENTON COSTRUCTION PERMIT
WR"3202552.
. ____________
HW2017-102
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