21-257421-2574
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT FOR STREET LIGHTING SERVICE BETWEEN ONCOR
ELECTRIC DELIVERY COMPANY LLC AND THE CITY; AUTHORIZING THE
EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is required to enter into a Master Streetlight
Agreement with Oncor Electric Delivery Company LLC (ONCOR) to outline ONCOR's provision
of streetlight services to the portions of Denton receiving electric service from ONCOR; and
WHEREAS, ONCOR has provided the Agreement for Street Lighting Service it requires
(the "Agreement"), which is attached hereto as Exhibit A; and
WHEREAS, after careful review and consideration, City staff recommend adoption of this
Agreement to clearly outline service delivery standards and options for enhanced streetlight
facilities provided by ONCOR in the Denton corporate limits; and
WHEREAS, the City Council finds it is in the public interest to establish a Master
Streetlight Agreement with ONCOR through the Agreement and future additional supplements to
the Agreement as contemplated therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitals in the preamble of this Ordinance are true and
correct and are incorporated into the body of this Ordinance as if set out fully herein.
SECTION 2. The City Council finds that the Agreement is necessary to establish
governing documents for streetlight service delivery standards between the City and ONCOR.
SECTION 3. The Interim City Manager, or their designee, is authorized to execute the
Agreement between the City and ONCOR, attached hereto as Exhibit A.
SECTION 4. The Interim City Manager is further authorized to carry out all obligations
and duties of the City as set forth in the Agreement, including but not limited to the expenditure
of funds.
SECTION 5. It is expressly understood that supplements to the Agreement will be brought
forth before the City Council for each instance of a new development falling under the Agreement
to specify specific items for each development as necessary.
SECTION 6. This ordinance will become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by -:5_e,-,5 _ 5 and
seconded by t' o._n 2C.te— , the ordinance was passed and approved by
the following vote [ 7 - ]:
PASSED AND APPROVED this the 1 C�fih day of bjZ .e b_c, 2021.
ERARD 1105SPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: – .�/off �,►`OF,DF
\.`••••..........•/LJ
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY '
r
BY:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
_V
Brian Beek, District 2:
V/
Jesse Davis, District 3:
✓
Alison Maguire, District 4:
1/
Deb Armintor, At Large Place 5:
1/
Paul Meltzer, At Large Place 6:
,/
PASSED AND APPROVED this the 1 C�fih day of bjZ .e b_c, 2021.
ERARD 1105SPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: – .�/off �,►`OF,DF
\.`••••..........•/LJ
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY '
r
BY:
DocuSign Envelope ID: F3D7EF26-DF74-4A16-BC4E-A14B140A9860
Tariff tar Retail Delivery Service EXHIBIT A
onear Electric Delivery Company LLC
6.3 Agreements and Forms Sheet: 17
Applicable: Entire Certified Service Area Page 1 of 7
Effective Date: September 25, 2011 Revision: Denton
6.3.17 Agreement for Street Lighting Service
AGREEMENT FOR STREET LIGHTING SERVICE
C14,a I Dr,'4-w�
AND
ONCOR ELECTRIC DELIVERY COMPANY LLC
DATE
�2c.e.�mbe;: 15 �2c�21
DocuSign Envelope ID: F3D7EF26-DF74-4A16-BC4E-A14B140A9860
Tariff for Retail Delivery Service
Ancor Electric Delivery Company LLC
6.3 Agreements and Forms Sheet: 17
Applicable: Entire Certified Service Area Page 2 of 7
Effective Date: September 25, 2011 Revision: Denton
AGREEMENT FOR STREET LIGHTING SERVICE
BY AND BETWEEN
ONCOR ELECTRIC DELIVERY COMPANY LLC AND
The City of Tj" A a Texas home rule municipal corporation ('Customer"),
and Oncor Electric Delivery Company LLC, for and in consideration of the mutual covenants set forth in this
Agreement for Street Lighting Service (the "Agreement"), agree as follows:
1. Definitions. For purposes of this Agreement, the following terms shall have the meanings indicated:
a. "Company's Tariff" shall mean the Company's approved Tariff for Retail Delivery Service, as may be
revised from time to time during the term of this Agreement, on file with the Public utility Commission of Texas;
b. Customer shall be the "Retail Customer" as such term is used in Company's Tariff.
C. "Facility" or "Facilities" shall mean the electrical facilities or equipment, including but not limited to,
pole(s), luminaire(s), wires„ and appurtenances, owned by Company or Customer, through which Company will
provide service to Customer pursuant to this Agreement.
2. Term, and Termination. Consistent with the requiremen s of section 6.1.1.1.8 - Lighting Service of
Company's Tariff, this Agreement shall be effective as of the 15 day of 20_?i, and,
unless terminated early in accordance with the terms of this Agreement, shall remain in effect for an initial term
of ten (10) years and from year to year thereafter until canceled by either party consistent with the terms of this
Agreement. After the expiration of the initial ten year term, this Agreement may be terminated by either party
upon ninety (90) days written notice to the other party. Notwithstanding any provision of this Agreement to the
contrary, this Agreement may be terminated at any time under the following conditions.
(a) If Company begins installation of any requested Facilities prior to receiving full payment of any
contribution -in -aid -of -construction provided for in section 6.1.1.1.8 - Lighting Service of
Company's Tariff or any subsequently approved similar provision, from Customer or
Customer's agent or representative ("Customer's Agent") as appropriate, and Customer or
Customer's Agent thereafter fails to make such payment in full, then: (i) Company may
immediately terminate this Agreement by providing written notice of such termination to
Customer, (ii) Company may remove all such Facilities, and (iii) Customer shall pay Company
all cost incurred by Company in removing such Facilities, less the salvage value of such
Facilities, within 30 days of Company's removal of the subject Facilities.
(b) If Customer discontinues taking electric service from Customer's designated competitive
retaifer at Facilities, for purposes other than to allow the Customer to begin receiving service
from another competitive retailer, at such Facilities, then: (i) Company may immediately
terminate this Agreement by providing written notice of such termination to Customer, (ii)
Company may remove all such Facilities owned by Company, and (iii) Customer shall pay
Company all cost incurred by Company in removing such Facilities, less the salvage value of
such Facilities, within 30 days of Company's removal of the subject Facilities.
(c) If Customer purchases Facilities owned by Company.
3. Contribution -In -Aid -Of -Construction. Section 6.1.1.1.8 - Lighting Service of Company's Tariff
provides for the installation or construction by Company of a base level of Facilities with no contribution -in -aid -
of -construction required from Customer. For example, Schedule A provides for the installation or construction
of wood poles of a type normally used by Company served overhead without the payment of contribution -in -
aid -of -construction by Customer. Requested Facilities that exceed such base level require a contribution -in -
aid -of -construction to be paid by Customer to Company. Company will begin work on the requested Facilities
prior to receipt of full payment of any required contribution -in -aid -of -construction from Customer or Customer's
Agent. However, Customer or Customer's Agent shall pay to Company any required
DocuSign Envelope ID: F3D7EF26-DF74-4A16-BC4E-A14B140A9860
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms Sheet: 17
Applicable: Entire Certified Service Area Page 3 of 7
Effective Date: September 25, 2011 Revision: Denton
contribution -in -aid -of -construction prior to Company energizing the requested Facilities or within 90 days from
the receipt of a contribution -in -aid -of -construction invoice, whichever is earlier. If Customer has arranged for
Customer's Agent to pay to Company any required contribution -in -aid -of -construction, then Customers Agent
shall execute a Supplement to this Agreement, the form of which is attached hereto as Exhibit A, for the sole
purpose of establishing such agent's agreement to pay such contribution -in -aid -of -construction.
4. Service Subject to Company's Tariff. This Agreement is subject to the terms and conditions of
Company's Tariff, and all services provided by Company shall be pursuant to and consistent with Company's
Tariff. To the extent any provision of this Agreement conflicts with or is inconsistent with Company's Tariff, then
the provisions of Company's Tariff shall control.
6. Material Change. In the event that a judicial decision, order, neve law or regulation, or a change in any
law or regulation, materially and directly affects a parry's ability to perform its obligations hereunder, then the
party that is negatively affected shall have the right to notify the other party, within 30 days after becoming
aware of such detrimental event. The parties shall use their best efforts to negotiate a modification to the terms
of this Agreement so as to mitigate the impact of the event. If, after twenty (20) days beyond the notice, the
parties have been unable to negotiate a mutually satisfactory modification to the terms of this Agreement, then
either party shall have the right to terminate this agreement upon ten (10) days written notice to the other party.
If such right to terminate is not exercised within forty-five (45) days after the date of the orig final notice, then the
right to terminate this Agreement shall be waived with respect to the particular event.
B. Type of Service and Applicable Rate Schedule. The type of service provided and rate schedule
applicable at each Facility or group of Facilities shall be agreed to by the Parties and specified on the form
entitled Request for Street Lighting Service, attached hereto as Exhibit "B," which may be amended or
supplemented as necessary, at any time, by mutual agreement of the parties.
7. Installation/Construction. All requests for installation or construction of Facilities subject to this
Agreement shall be made on the form entitled Request for Street Lighting Service, attached hereto as Exhibit
"B" and incorporated into this Agreement by execution of the form Supplement to the Agreement attached
hereto as Exhibit "A.' All such installation or construction shall be performed by Company pursuant to and
consistent with section 6.1.1.1.13 - Lighting Service of Company's Tariff, and all other applicable provisions of
such Tariff.
8. Relocation of Facilities. Nothing contained herein modifies section 37.101 of PURA, which provides
that "the governing body of a municipality may require an electric utility to relocate the utility's facility at the
utility's expense to permit the widening or straightening of a street by: (1) giving the electric utility 30 days'
notice; and (2) specifying the new location for the facility along the right-of-way of the street." Notwithstanding
the foregoing, issues regarding the relocation of Facilities should, if possible, be resolved by the parties prior to
the execution of this Agreement and may require the execution of a separate agreement.
9. Billing and Payment. Company will invoice Customer directly for the contribution -in -aid -of -
construction specified on the form entitled Request for Street Lighting Service, attached hereto as Exhibit "B"
and any other charges for which Company's Tariff provides for direct billing by Company to Customer. Federal
income taxes are due on contributions -in -aid -of -construction, pursuant to current Internal Revenue Service
("IRS") rulings and regulations, unless Customer is eligible for an exemption available under applicable IRS
regulations. To the extent such IRS rulings and regulations are modified in a manner that impacts the
obligation of Customer to pay such federal income taxes, then the Parties shall implement such modified rulings
and regulations on a prospective basis. All other charges associated with the Services provided by Company
to Customer will be included on the bill or invoice that Customer receives from Customers designated
competitive retafler.
10. No Delegation of Authority. Customer does not by this Agreement delegate its authority or
responsibility for the Facilities covered by this Agreement to Company but shall continue to hold full discretion
to determine the policies and procedures regarding such Facilities.
DocuSign Envelope ID: F3D7EF26-DF74-4A16-BC4E-A14B140A9860
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms Sheet: 17
Applicable: Entire Certified Service Area Page 4 of 7
Effective Date: September 25, 2011 Revision: Denton
11. Obstructions. Customer is responsible for removing all obstructions and trimming all trees that may
interfere with the installation or construction of requested Facilities. After installation, Company is responsible
for removing or trimming all trees that interfere with the distribution line providing service to the lighting facilities
and Customer is responsible for removing or trimming all trees that interfere with the dispersion of light from
the Facilities.
12, Outages. To the extent that Company is responsible for maintaining Facilities pursuant to this
Agreement, Customer may report any Facilities requiring maintenance to Company via either of the following
means:
Internet: http:/Ioncorstreetlight.com
Telephone: 1-888-313-4747
13. Permits. Customer will secure for Company all permits and consents necessary for the performance
of this Agreement.
14. Notice. Except as provided in section 12 above, any notice required under this Agreement shall be
forwarded to the following representatives of the parties:
Customer:
Company:
CUSTOMER OPERATIONS / STREETLIGHT ADMINISTRATION
ONCOR ELECTRIC DELIVERY COMPANY LLC
1616 WOODALL RODGE=RS FWY
DALLAS, TX 75202
15. Prior Agreements for Street Lighting Service. This Agreement supersedes and amends all prior
agreements for Street Lighting Service between Company and Customer.
16. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon,
Company and Customer and their respective successors and permitted assigns. Neither party shall assign this
Agreement or any of its rights or obligations hereunder without the prior written consent of the other party.
Notwithstanding the foregoing, Company may, without the consent of Customer and upon five (5) days advance
written notice, (a) transfer or assign this Agreement to an affiliate of Company, or (b) transfer or assign this
Agreement to any person or entity succeeding to all or a substantial portion of the assets of Company. UPON
AN ASSIGNMENT PURSUANT TO THIS SECTION, CUSTOMER AGREES THAT COMPANY SHALL HAVE
NO FURTHER OBLIGATIONS REGARDING FUTURE PERFORMANCE HEREUNDER.
DocuSign Envelope ID: F3D7EF26-DF74-4A16-BC4E-A14B140A9860
Tariff for Retail Delivery Service
Dncor Electric Delivery Company LLC
6.3 Agreements and Forma Sheet: 17
Applicable: Entire Certified Service Area Page 5 of 7
Effective Date: September 25. 2011 Revision: Denton
This Agreement is effective this L� day of 1 ]Q t 2XriUe< , 20 J.
BY:
Al -)-- � -
DATE
ONCOR ELECTRIC DELIVERY COMPANY LLC
BY:
TITLE
DATE
DocuSign Envelope ID: F3D7EF26-DF74-4A16-BC4E-A14B140A9860
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms Sheet: 17
Applicable: Entire Certified Service Area Page 6 of 7
Effective tate: September 25, 2011 Revision: Denton
0%%t111111f////
.` 0 F DEN
BY:
0 1111 %
ATTEST
Rosa Rios, City Secretary
THIS AGREEMENT HAS BEEN REVIEWED AND APPROVED -
as to financial and operational obligations and business berms
BY: Rebecca Diviney
DocuSigned by:
SIGtIATURE
Director of capital Projects/city Engineer
TITLE
12/1/2021
DEPARTMENT DATE SIGNED:
APPROVED AS TO LEGAL FORM: Mack Reinwand, City Attorney
i�
SIG T E
DocuSign Envelope ID: F3D7EF26-DF74-4A16• l3C4E-A14l3140A9860
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreemants and Forms Sheet: 17
Applicable: Entire Certified Service Area Page 6 of 7
Effective Date: September 25, 2011 Revision: Denton
EXHIBIT "A"
WR Number:
SUPPLEMENT TO
THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN
ONCOR ELECTRIC DELIVERY COMPANY LLC AND
DATED
This Supplement ("Supplement") to the Agreement for Street Lighting Service (°Agreement"), is made and
entered into this day of _, 20_, by ONCOR Electric Delivery Company LLC and
("Customer") both hereinafter referred to as the "Parties." In consideration of
the mutual promises and undertakings herein set forth, the Parties hereby agree to amend the Agreement as
follows:
The following Request for Street Lighting Service is hereby added to the Agreement:
Request for Street Lighting Service dated attached hereto as Exhibit B.
2. This Supplement shall become effective upon execution by the Parties,
3. This Supplement is subject to the terms and conditions of the Agreement.
4. If Customer has arranged for its designated agent or representative ("Customer's Agent") to pay to
Company the contribution -in -aid -of -construction ("CIAC") referenced in the Agreement, then
Customer's Agent shall execute this Amendment for the sole purpose of establishing such agent's
agreement to pay such CIAC.
5. Except as otherwise provided herein, the Agreement shall continue in full force and effect in
accordance with its terms.
IN WITNESS HEREOF, the Parties have caused this Supplement to be executed in several counterparts,
each of which shall be deemed an original but all shall constitute one and the same instrument.
ONCOR ELECTRIC DELIVERY COMPANY LLC
By:
Title:
Date:
For CIAC purposes only pursuant
to Section (4) above.
[[INSERT CUSTOMER NAME]]
By:
Title:
Date:
[[INSERT CUSTOMER'S AGENT'S NAME]]
By:
Title:
Date:
o=&gnEnvelope ID: FaoEF2EDFz-4Al$e4E-4e«A9ao
Tariff for Retail Delivery Service
OncorElElectric Delivery Company LLC
B3Agreements arid Forms Sheet: 17
Applicable. Entire Certified Se+a Area Page 7o7
Emds Date: Semem r 25. 2011 Revision: Denton
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