2000-357 ORDINANCE NO ~=,F~-,.~,..~-~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC
COOPERATIVE, INC, DBA COSERVE ELECTRIC TO PROVIDE ELECTRIC SERVICE
FOR CITY STREET LIGHTS IN SUBDIVISIONS THAT COSERVE PROVIDES ELECTRIC
SERVICE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton and CoServe Electric desire to enter into an agreement
whereby CoServe will provide electric service for City street lights in subdivisions where
Coserve Is, currently prowchng electne service
WFIEREAS, the City Council of the City of Denton finds that such agreement is in the
pubhc interest
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SI~CTION 1 The City Manager is hereby authorized to execute an agreement between
the City and CoServe to provide electric service for City street hghts {n subdivisions that
CoServe provides electnc service, in substantially thc form of thc agreement which is attached
hereto and made a part of this or&nance for all purposes
SECTION 2 The City Manager is authorized to make the expenditures as set forth in thc
attached agreement
SBCTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSEDAND APPROVED thls the ~5~ ® dayof ~ ,2000
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~o4ED AS~ TO LEGAL.~RM
AGREEMENT FOR PROVISION
OF ELECTRIC SERVICE
Agreement made , -1-099- between DENTON COUNTY ELECTRIC
COOPERATIVE, INC, dba CoServ Electric, 7701 South Stemmons, Corinth, Texas 75065
(referred to herein as "COSERV") and 'THE CiTY OF DENTON, 215 East McI4hnney Street,
Denton, Texas 76201 (referred to heretn as the "Customer") whereby COSERV shall provide
elecmc servtce for Customer owned and matntalned street hght~ng (the "Ltghtang") w~th~n the c~ty
hrmts of the Ctty of Denton (the "City")
1. Term
1 1 Thts Agreement shall become effecttve on the date shown above (the "Effectave Date")
and shall remmn tn effect until December 31, 2001 (the "Initial Term")
1 2 After the Inmal Term, thts Agreement shall automaucally renew for consecuttve terms
of one year on January 1 of each year until termmated pursuant to thts Agreement
2. Termination
2 1 After the Imttal Term, etther party may termtnate thts Agreement at any nme by
provtdmg tharty (30) days written nottce
3. Electric Service
3 1 Electrm serwce shall be provtded, upon request by the Customer and wtth reasonable
notme, for the Ltght~ng located wtthtn areas of the Ctty served by COSERV
3 2 Electric servtce for the Ltghtmg shall be provided according to COSERV's Tariff for
Electric Servme as approved and amended from ttme to ttme by COSERV's board of
dtrectors (the "Tariff") Smd Tariff ~s hereby made a part of thts Agreement and xs on file
and avmlable at COSERV's offices tn Connth, Texas To the extent that there ts any
mconststency between the Tartff and the terms of thts Agreement, the terms of th~s
Agreement shall control
3 3 For purposes of calculattng elecmc cost pursuant to the Tariff, the monthly kWh per hght
fixture wtll be 0 4 kwh per watt of bulb rating
4. Service Characteristics
4 1 Secondary servtce for the L~ghtmg shall be 1 phase, 3 wtre, 60 cycle, 120/240 volts, plus
or mtnus 5% under normal steady state condmons
4 2 The point of separation between COSERV owned electric facilities and Customer owned
electric fac~htles (the "Point of Delivery"), unless otherwise agreed upon by the parties,
shall be the following
4 2 1 For underground electric facilities, the Point of Dehvery shall be a fuse dewce
located at a COSERV transformer or secondary pedestal
4 2 2 For overhead electric facdlt~es, the Point of Delivery shall be the connection point of
the Customer's Lighting secondary conductors to COSERV's electric system
4 3 The Customer shall furnish, install, own, maintain and operate the Lighting within the
City beginning at the Point of Delivery The Lighting may include, but is not hrmted to,
street light poles, anchor bases, street light fixtures, secondary conductors and conduits
beginning at the Point of Delivery Further, where specified by COSERV, the Customer
shall furmsh, install, own, maintmn and operate a fuse device at each Point of Delivery
4 4 COSERV shall make all connections of the Lighting to COSERV's electric system
4 5 Customer warrants that its installations (including all conductors, switches, equipment,
wrong, and protective devices of any land) shall be constructed and maintained in
accordance with the National Electrical Safety Code of the American Standards
Association as well as other applicable codes and applicable laws or ordinances
5. Continuity of Service
COSERV shall use all reasonable diligence to provide to the Lighting a constant and uninterrupted
supply of electric power and energy hereunder If the supply of electac power and energy shall fail
or be interrupted, or become defective through an act of God, governmental authority, action of the
elements, public enemy, accidents, stakes, labor trouble, or any other cause beyond the reasonable
control of COSERV, COSERV shall not be liable for damages caused thereby
6. Miscellaneous
6 1 This Agreement shall be binding upon and inure to the benefit of the successors, legal
representatives and assigns of the respective parties thereto This Agreement shall be
construed in accordance with, and under the laws of, the State of Texas
6 2 The provisions of this Agreement are severable, and in the event a portion of th~s
Agreement is deterrmned by a court of competent 3urlsdiction to be invalid, in whole or in
part, the remaining provisions shall remain in full force and effect
6 3 This Agreement may be executed in multiple counterparts, and each counterpart shall be
considered as if it were an original
2
6 4 Th~s Agreement consUtutes the complete and final agreement between the part~es with
respect to the subject matter hereof and may not be contradicted by evtdence of prior or
contemporaneous oral agreements of the parues There are no oral agreements between
the part~es
65 Dunng the term of this Agreement, the part~es to th~s Agreement (each an "Indemmtor")
shall mdemmfy and save harmless each other (each an "Indemmtee") together w~th their
respective officers, agents, and employees from any and all loss, damage, expense,
judgement, hen, stat, cause of aeuon, demand or habfltty for personal injury, including
death and tanDble property damage and including legal fees, court costs, and other
expenses of lmgauon, whmh may be asserted by a third party and imposed on or recurred
by an Indemmtee arising directly out of the neghgent or other wrongful acts or ormss~ons
of an Indemmtor, ~ts agents, subcontractors, or employees No Indemnity shall be
provided to a party for its own wrongful acts or omiss~ons
66 NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE
CONTRARY, NEITHER PARTY, WHETHER AS RESULT OF BREACH OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PATENT
INFRINGEMENT OR OTHERWISE, SHALL HAVE ANY LIABILITY UNDER
THIS AGREEMENT FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCTS OR ANY
ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE
PRODUCTS, FACILITIES OR SERVICE, OR DOWNTIME COSTS
IN WITNESS WHEREOF, th~s Agreement ~s executed by the pames hereto through their
duly authorized representaUves as of the EffecUve Date
COSERV: Denton County Electric Cooperative, Inc.
dba CoServ Electric
By ~~'1~
Curus R Tflwtt
Senior V~ce President - F~rgy ~
CUSTOI~: The City of D/le_nton~/
Its City ffanager
APP~VEO AS TO ~RM' ~
CI~ A~O~N~ ~
__
CoServ
3501 FM 2181
Corinth, Texas 76205
Metro 817-430-1195
FAX 940-497-6525
An Affihate of Denton County Electric 800-274-4014
January 13, 2000
Mr Ray Wells
C~ty of Denton
90 I-A Texas Street
Denton, Texas 76201
Dear Ray
Enclosed ts an Agreement for Provision of Electric Serwce for customer owned hghtmg
w~th~n the Ctty of Denton According to our Tariff and the Agreement, the monthly cost
to the C~ty for Ctty owned and malntmned hght~ng connected to CoServ's electrtc system
will be ~s as follows
kWh/Month Cust Chg KWh Chg Total Chg/Month
100 watt 40 kWh $1 50 $2 14 $3 64
150 watt 60 kWh $1 50 $3 21 $4 71
200 watt 80 kWh $ l 50 $4 28 $5 78
250 watt 100 kWh $1 50 $5 35 $6 85
400 watt 160 kWh $1 50 $8 56 $10 06
The above charges are subject to the bflhng adjustments in the Tardf
I understand that for new platted developments w~thm the Ctty, the C~ty requires the cost
of the street hghtmg facilities to be pa~d prior to installation For such developments that
receive electric serwce from CoServ, CoServ will md~cate whether payment ~s to be
made d~rectly by the developer or by CoServ on behalf of the developer
Please call ff you have any questions or need more ~nformatton
S~ncerely,
Curus Tr~wtt, P E
Semor V~ce President, Energy Services