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21-257021-2570 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BETWEEN ONCOR ELECTRIC DELIVERY COMPANY LLC AND THE CITY OF DENTON FOR COUNTRY CLUB TERRACE PHASES 1 AND 2; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") has approved an Agreement for Street Lighting Service (the "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, it was specified that all supplements to the Master Streetlight Agreement regarding new developments to be served by ONCOR pursuant to the Master Streetlight Agreement would come to Council for approval; and WHEREAS, Country Club Terrace Phases 1 and 2 ("Country Club Terrace") is currently in development and would be served by ONCOR pursuant to the Master Streetlight Agreement; and WHEREAS, ONCOR has provided the Supplement to the Master Streetlight Agreement it requires (the "Supplement"), which is attached hereto as Exhibit A; and WHEREAS, after careful review and consideration, City staff recommend adoption of the Supplement to clearly outline service delivery standards and options for enhanced streetlight facilities provided by ONCOR to Country Club Terrace; and WHEREAS, the City Council finds it is in the public interest to approve the Supplement to the Master Streetlight Agreement; 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 Supplement to the Master Streetlight Agreement is necessary to establish specific agreements for the Country Club Terrace Phases 1 and 2 residential development. SECTION 3. The Interim City Manager, or designee, is authorized to execute the Supplement to the Master Streetlight Agreement, 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 Supplement, including but not limited to the expenditure of funds. SECTION 5. This ordinance will become effective immediately upon its passage and approval. The motion to approve this ordinance was made by �e55 e_ S and seconded by a, ;CX -n ?pec , the ordinance was passed and approved by the following vote [ Z - O]: PASSED AND APPROVED this the l H -t -t day of D2GeMbe., , 2021. ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: GERARD HUDSPETH, MAYOR Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: ✓ _ Brian Beck, District 2: ✓ Jesse Davis, District 3: ./ Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: ✓ PASSED AND APPROVED this the l H -t -t day of D2GeMbe., , 2021. ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: GERARD HUDSPETH, MAYOR DocuSign Envelope ID: 449C8953-7AAF-45B8-9EBD-D7D6421AD691 EXHIBIT "A" - Registered 400. Z11341B.7 Project Narne: i iCLUB TERR&CEPHASESAND RDIRD SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN ONCOR ELECTRIC DELIVERY COMPANY AND CilXy Qf DENTON This Supplement ("Supplement") to the Agreement for Street Lighting Service dated ("Agreement"), is made and entered into this I= day of , by Oncor Electric Delivery Company LLC, a Delaware limited liability company ("Company") and City of DENTO , ("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: 1. The following Request for Street Lighting Service is hereby added to the Agreement: Request for Street Lighting Service dated [2gcem ber. 15-2021, attached hereto. 2. This Supplement shall become effective upon execution by theParties. 3. This Supplement is subject to the terms and conditions of the Agreement. 4. If Customer has arranged for its designated agentor 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 FR Oocu5iy nadby: QGwx a4,,. Signature - On7W Rc1NLF§tMMive Robert Durham Printed Name - Oncor Representative New Construction Manager Title- Oncor Representative 11/24/2021 1 11:17:01 AM csT Date Signed - Oncor Representative Signature - Customer's Agent Printed Name - Customer's Agent Title - Customer's Agent Date Signed - Customers Agent 88332.010002 DALLAS49285vl DocuSign Envelope ID: 449C8953-7AAF-45B8-9EBD-D7D6421AD691 ATTEST: Rosa Rios, City Secretary H I /�I.WON �'O.:1101 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. FDo by: cuSigned EB� 2��Ct®ETLLf... Signature Director of Capital Projects/city Engineer Title Projects - Engineering Department 12/1/2021 Date Signed: APPROVED AS TO LEGAL FORM: Mack Re' wand, CityAttorney By: � — DocuSign Envelope ID: 449C8953-7AAF-45B8-9EBD-D7D6421AD691 0 � A n NA N {lea N NAN N ? N [?� N N P N NA N NA N NA N N?N N ? 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