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CM-06-08-167Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 6.3.4 Discretionary Service Agreement Page 10 of 23 Revision: Original This Discretionary Service Agreement ("Agreement") is made and entered into this 5 day of July, 2005, by TXU Electric Delivery ("TXU Electric Delivery Company" or "Company"), a Texas corporation and distribution utility, and City of Round Rock ("Customer"), a municipality, 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. TXU Electric Delivery will install 1 -pole mounted transformers, 1 street light controls, street light conductor, 12-40 foot steel street light poles, 12 breakaway bases, 24-8 foot arm brackets and 24-250watt HPSV street lights along Kiphen Road, Ph 1, beginning at FM 1460 and ending at the abandoned RR tracks on WR #2821312. 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 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. Term and Termination -- This Agreement becomes effective upon signed and dated agreement. 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 made 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 any prior agreements, 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: TXU Electric Delivery Company Attn: Les Davis 3620 Franklin Ave Waco, Texas 76710-7328 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Page 11 of 23 Revision: Original (b) If to Customer: City of Round Rock 2008 Enterprise Dr. Round Rock, TX 78664 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. $37,868.94 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 -- Customer to supply and install 2" electric grade P.V.C. with pull string, 12 -street light foundations and 12 street light handholes. Material and installation shall meet TXU Electric Delivery specifications and civil work inspected and approved by a TXU Electric Delivery. TXU Electric Delivery will assume the responsibility and ownership of installation once all street lights are in operating condition. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. TXUElect( Delive Company City Round Rock BY: a% QUA BY: Les avis TITLE: Project Manager TITLE: DATE: 711—d& / —d& TRN4&Ez DATE: 8 -II -UV EXHIBIT "A" SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN TXU ELECTRIC DELIVERY COMPANY AND CITY OF ROUND ROCK DATED &'-/)-O& This Supplement ("Supplement") to the Agreement for Street Lighting Service dated 8-11-04, ("Agreement"), is made and entered into this 17 day of July, 2006, by TXU Electric Delivery Company and City of Round Rock, ("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 July 17, 2006, attached hereto. 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 agents 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. TXU ELECTRIC DELIVERY COMPANY CITY OF ROUND ROCK By: Les Davis By: Title: Priced M. nager Title: Date: / l// Date: �-1l-C�Cv 88332.010002 DALLAS 49285v1 :(s)aagmnN Hitt Comments: City Official Signature 441-8038 I 441-8038 I441-8038 A A H it O W 00 A A ac O W 00 441-8038 I441-8038 A A N 60 0 W 00a 441-8038 441-8038 ESID / Premise a a r > a > > a n 0 0 Order required from CR to Energize — Yes/No (For New ESLD Only) 2 2 2 2 1,4 2 2 2 2 2 A OD0 CZ 250 250 250 N O N O 250 250 250 250 250 pI F Tom HPSV HPSV HPSV HPSV R CID C HPSV en C HPSV HPSV HPSV Lamp Type A2 N N y N N y N N A2 y,y N A2 en n 7 re z a y G er m * * Steel J A cn A Z A Steel cop re ci, A Steel CID A Steel Identifying Luminaire/ Pole Type 2751 Kiphen Rd 3740043-2782284 2701 Kiphen Rd 3739901-2782114 2651 Kiphen Rd 3739806-2781960 2601 Kiphen Rd 3739645-2781808 2551 Kiphen Rd 3739452-2781723 L2501 Kiphen Rd 3739232-2781705 2401 Kiphen Rd 3738977-2781648 2351 Kiphen Rd 3738780-2781575 2301 Kiphen Rd _ 3738606-2781530 2201 Kiphen Rd 3738425-2781534 Location 0 Q✓ a e 0 9 0 d 0 O REQUEST FOR STREET LIGHTING SERVICE (fib, ZI£M1X3 S jo j lays :(s)aagmnm HM N C < © A c e w U, 07 e y 3 m ' 40 cn.= 7 p N t C m .,c e o°0 • ne w y S O p A ▪ A y er A ▪ d m O A n TO • .o• o N 070 9so `a ics et• m• m .• 1. • O n to et et4-1r ui y. P. o 7 Oq C m • 9> m Er 8 n c O c tr. • n D: y M w O n y3 0 A 14 'o c o '+ o y (• p N n • R t:1+ -'- = n • N P Customer agreed to pay Company contribution -in -aid -of -construction in the amount of $37,868.94 44nC en w n A (t w • Ctiv d d A n. 2y O 3 S z� n O c k a c g m 7 H C T a o y o o ' V • = y d O y r a 4" 7 c n d n 0 0 eo O 0 e V70 m Cti0 O v, 0 t x x 0 City Official Signature I441-8038 441-8038 ESID / Premise a a a 0 Order required from CR to Energize — Yes/No (For New ESID Only) 2 0 C N 7 N 250 00 = E A 1 HPSV Lamp Type 'TJ z n N N O d m` fD * CA At m Identifying Luminaire/ Pole Type et re 2801 Kiphen Rd 3740411-2782507 2776 Kiphen Rd 3740211-2782414 Location C oA Es 0 17 y tTI CO/ tTi ft h4 C. inn CD C Ft" I C tmi 0 S 30 Z laagS ...\931s26160247, 3/30/2006 3:19:09 PM 08 rn C) O syslyx r 3 t a aa„ 9 m G tn P A g -+ r o C N 2 -12 01 D *Jo O Z r N cn 0 `Q §N 0 N O a 00 0 0 z O c D z O 0 0 z 0 C n 0 0 .'0 z Z 3.2 1- rn A A I.' b aa m J a O. 0 N r c AAA A c z N N N N b N N N N m O 1117770111! N 01 ♦ N y O o o O N O O O o y La Co 0 450 O O O O O o o 0 0 0 6.00' LT 0.00' 6.00' LT O O OFFSET FROM CENTERLINE O N 0 0 O O O syslyx r 3 t a aa„ 9 m G tn P A g -+ r o C N 2 -12 01 D *Jo O Z r N cn 0 `Q §N 0 N O a 00 0 0 z O c D z O 0 0 z 0 C n 0 0 .'0 z Z 3.2 1- rn A A 0 CO J m A c z 81.7:3 O o N N N N N N N m O 1117770111! Vii � 03 �o eh A X m La Co 0 450 a In a 0 Zr E01 CONDUCTOR NO. AND LENGTH (FEET) X2X f 5t1'.4,1“1 N O O O N 0 CONDUIT (FEET) syslyx r 3 t a aa„ 9 m G tn P A g -+ r o C N 2 -12 01 D *Jo O Z r N cn 0 `Q §N 0 N O a 00 0 0 z O c D z O 0 0 z 0 C n 0 0 .'0 z Z 3.2 1- rn A A ...\931s2o1p01.0gn 3/30/2006 3:18:58 PM m 2 O R Wv 0 m 0 Z uopepodsueil}o;uatupeda 0 0 z 0 C z Z O 0 0 z 0 -i 0 z Z (n • D D D D r c ji c z ri O ON O N O O G Co O Z. O O O N ti --1 N co m m m z0 A 0 c ti 5.40' LT 6.00' RT 6.00' LT 01 O O rti CFFSET FROM 1 CENTERLINE R Wv 0 m 0 Z uopepodsueil}o;uatupeda 0 0 z 0 C z Z O 0 0 z 0 -i 0 z Z (n • N ♦ to N .. c z NN co N O co N co m m m z0 A 0 c ti ym��0 A X o N o 0 0 0 04.4 0 '� 0 F CONDUCTOR NO. MD LENGTH (FEET) 2 sik X X F o o N O O 2' PVC SCH 40 CONDUIT (FEET) R Wv 0 m 0 Z uopepodsueil}o;uatupeda 0 0 z 0 C z Z O 0 0 z 0 -i 0 z Z (n • 3/30/2006 -a=_ . 1 0 i| \20§ ; g ;0 ■r°§§\ %°2` |®4 ;& 0 n* . co ) rn ,,s |� } . !2} /4 01 0 01 §41. Fs J §§'t 0 e -n 001 ( fr 151 \ \ r. cn \ {|� J. { O( :4 $ � r a z {4 4 in ( O otmo▪ o §f)§$rn \\j§Q SrjPPZ SO NOTES (ALSO SEE GENERAL NOTES)! 0 m ` § r al z o02o0 225 225 " )}k 6.00' RT OFFSET FROM CENTERLINE ,,s |� } . !2} /4 01 0 01 §41. Fs J §§'t 0 e -n 001 ( fr 151 \ \ r. cn \ {|� J. { O( :4 $ � r a z {4 4 in ( O otmo▪ o §f)§$rn \\j§Q SrjPPZ SO NOTES (ALSO SEE GENERAL NOTES)! 0 m ` § al z 225 225 " )}k fx BARE 450 450 CONDUCTOR NO. AND LENGTH (FEET) |_ : m° ; � !; CONDUIT (FEET) ,,s |� } . !2} /4 01 0 01 §41. Fs J §§'t 0 e -n 001 ( fr 151 \ \ r. cn \ {|� J. { O( :4 $ � r a z {4 4 in ( O otmo▪ o §f)§$rn \\j§Q SrjPPZ SO NOTES (ALSO SEE GENERAL NOTES)! 0 m ` §