CM-08-08-221Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC, a Delaware limited liability company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January 1, 2002
6.3.4 Discretionary Service Agreement
Page 1 of 2
Revision: Original
This Discretionary Service Agreement ("Agreement") is made and entered into this 27 day of June, 2008, by Oncor
Electric Delivery Company LLC, a Delaware limited liability company ("Company"), and CITY
OF Round Rock ("Customer"), a municipal of Texas 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. [Specify below or in an attached exhibit the discretionary service(s) to
be provided, the applicable rate schedule(s), the location at which discretionary service(s) will be provided, and any supplemental terms
and conditions applicable to such service(s).] Relocation of Oncor Electric Delivery distribution facilities for the New Arterial A
extension south of US 79 City of Round Rock agrees to reimburse Oncor Electric Delivery $6,451.00 for this relocation. Cost is good for
90days of agreement date and construction will need to be able to start within the 90 day window set forth in this agreement. (see "#15 —
Other Terms and Conditions).
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 when accepted by City and Company and continues
in effect until project is completed 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 N/A [specify any prior agreements being
superseded], 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:
Michael Seiler
ONCOR Electric Delivery
3620 Franklin Ave
Waco, Texas 76710
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC, a Delaware limited liability company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January 1, 2002
(b) If to Customer:
Bill Stablein
City of Round Rock
221 E Main St
Round Rock, Texas 78664
Page 2 of 2
Revision: Original
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.
Bill Stablein
City of Round Rock
221 E Main St
Round Rock, Texas 78664
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 —
a) Oncor agrees remove a pole which is in conflict with the road construction for Arterial A by placement
of two poles on the east and west side of the road between the proposed drainage channels and retaining
walls.
b) Cost contained in this agreement is good for 90 days from the date of this agreement (June 27, 2008).
City must 1) sign and return this document to Oncor Electric Delivery 2) Road right of way must be
secured by City before construction may begin. In the event that these items are not completed by the City
of Round Rock within this time frame, Oncor Electric Delivery will recalculate the cost of work requested by
the City of Round Rock and provide a new agreement with updated costs and time frames.
c) City of Round Rock 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.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly
authorized representatives.
By COMPANY
BY:
Michael Seiler
TITLE: Project Manager
144,
DATE: June 27, 2008
By U ER
BY:
TITL q 'Q�
DATE: - W ' v
J
t
ay. 10.
THE S
+a•.r.va•w.•i'G..VvwrNd.tiTl:_�'_�
VEL 1033 65: 70EASEMENT AND GHS-OF—WAY Saylor District
1 _�? WA 3096, Projeot 3560
2(853 Map lief. # 284D-316
TEXAS )
rd2,301$
•
of tui
the advent
described,
appurtenances, an •
Survey, Abstract No.
in deed from
dated forgast 26
of said County,
The center line of said distn'b
Beginning at a point on _
East of Grantor's Northwest
Tll:CS South West 1 foot t
said giSy to extend in the s
extend South 65 degrees West
ZEGINNING again at foremention
97
e line
KNOW ALL MEN BY THESE PRESENTS:
Tertil '2elander and Ma,,. Louise Telander
County, Texas, hereinafter called "Grantor," whether one or more, in consideration of
tor from the construction of the electric distribution line and telephone line hereinafter
R & LIGHT COMPANY, of Dallas, Texas, and the
ant and right of way for an electric distribution line, and all necessary or desirable
tenances, upon over and across Grantor's land in the_ P. A. folder
Williamson
to
THENCE South 51 degrees 30 Minute.,
line. Said point being located 21
County, Texas more particularly described
Aa-eil prd Atprl ietl{gP ice' Pne, Pr
recorded In Volume 849 Page 813
shall be located across said land as follows:
property line. Said point Being located 21 feet
corder.
Deed Records
& Light Co. power pole and attaolied guys. First
feet to a ggr anchorages second said guy to
ggy horage.
tt
7feet to of Gran 'a Southwest
on Grantor's South propertys Southwest property corner.
t'
0
The above described property constitutes no part of my homestead
The description is based on a preliminary survey. and it is understood that Grantees
direction before or at any time after construction, and may relocate any of its structures alon
Grantees shall have the right to erect (5 poles, O
tubs, and
course of said line, together with the right of ingress and egress for the purposes fconstruction.
operating and removing said lines and appurtenances: the right to relocate said lines in the sam
road if and when said road is widened in the future, and the right at all times to cut away and kee• el
ances all trees and other obstructions which, in the sole judgment of Grantees, may endanger or int
ante and operation ofsaid lines.
TO iiAVE AND TO HOLD the above described easement and right unto the said Grantees, their succ
of said lines shall be abandoned.
•
EXECUTED this 2n& day of
Cate
the c
0
fere
the same general
!nes.
ecti
position to
s.' es an
e pro
ages along the
, maintaining,
y adjacent
appurten-
mainten-
mil all
OFFICIAL RECORDS
WILLAMSON COUNTY T6XAQ
tr..
Nay , se Telander
3
. 4
• � PJ;�
1Q33
11 I r
CERTIFICATE Op ACKNOWLEDGMENT FOR INDIVIDUALS
E .STATE OF TEXAS
E. the undersigned authority, on this day personally appeared...... sExt31 aad _Iar ..01:1se
(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknc;cefedged-to me that
same for the purposes and consideratiork therein expressed.
VD SEAL OF OFFICE this...
f I
1 j ' C
\llllllNet
•
CERTIFICATE OF ACKNOWLEDGMENT FOR CO
O:s,�s�c•-.r TIONS,
THE STATE OF TEXAS
CHI MMES, :CHOOL DISTEt GTS, ! Tf
County
BEFORE bZE, the undersigned - ,•...,; • as e,¢
. •• ersonaTY appeared
person(s) whore rame(s) Is (are) subscribed to the foregoing instrumer.t, and acknowledged to
executed the same as the act end deed of•.._.._......_...___�._.
acta:_....�.._....._....—.�
(Titlej '— themof, and for the pnlposas and con.:i1?erct:o
GIVEN I VD33 S:Y EAND AVD SEAL OF OFFICE this ......_..
me to be the
i
Notary aub)ie........_...�.._.._._... _.._-_.
samd ernolgU V lelielly NEW
m
o =
0D
=� o
o
o
0
0 0
oED co
Q. cQ
0
0
CIA18 s439 M `d,
GH 100HOS SIllVJ
DATE: August 27, 2008
SUBJECT: City Manager - August 29, 2008
ITEM: Request for City Manager's approval of a Discretionary Services
Agreement with Oncor Electric Co. for the relocation of a power pole
for the Arterial A construction project.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director
Justification:
The City is required to reimburse Oncor Electric Co. to relocate a power pole because the
power pole is located in the electric company's easement.
Funding:
Cost: $6,451.00
Source of funds: 4B - Round Rock Transportation Development Corporation
Outside Resources:
Oncor Electric Co.
Background Information:
The construction of Arterial "A" from Joe DiMaggio to 1,500 feet south of US 79 includes
construction of a 6 -lane divided arterial roadway with curb and gutter, grade separated
crossings under US 79 and the Union Pacific Railroad, bicycle/pedestrian facilities within the
right-of-way and drainage and adjustments to utilities. This new roadway will provide a
new north -south grade separated crossing under the Union Pacific Railroad east of IH 35,
which will improve mobility, add travel capacity, improve safety and make development
south of US 79 possible.
Public Comment: N/A
i#lue Sheet Format
Updated 01/20/04