R-07-09-13-11C2 - 9/13/2007 RESOLUTION NO. R-07-09-13-11C2
WHEREAS, the City of Round Rock ( "City" ) is planning a roadway
improvement project for the widening of Kiphen Road ( "Project" ) , and
WHEREAS, Oncor Electric Delivery ( "Oncor") has electrical lines
which must be relocated in order to proceed with the Project, and
WHEREAS, the City and Oncor wish to enter into a Discretionary
Service Agreement for the relocation of said electrical lines, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Discretionary Service Agreement with Oncor
Electric Delivery, a copy of same being attached hereto as Exhibit "A"
and incorporated herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 13th day of September, 0
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NYLE Mayor
City R and Rock, Texas
A T:
CHRISTINE R. MARTINEZ, City Sec tary
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Tarriff for Retail Delivery Service
Oncor Electric Delivery Company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January 1. 2002 Revision:
r i i n l -
6.3.4 Discretionary Service Agreement
This Discretionary Service Agreement ("Agreement") is made and entered into this 14 day of September, 2007,
by Oncor Electric Delivery("Oncor 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.
DD9-FACILITIES RELOCATION/REMOVAL CHARGE. . Relocate poles for the widening of Kiphen Rd.
Ph 1. City agrees to pay$57.440.00
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 (`DUCT') 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 Seotember 13. 2007 and continues in
effect until November 25. 2007 .
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 , 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:
Oncor Electric Delivery
Attn: Les Davis
3620 Franklin Ave EXHIBIT
D
"Al l
Waco,TX 76710
(b) If to Customer:
City of Round Rock
2008 Enrterprise
Round Rock,Texas 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.
Oncor Electric Delivery
Attn: Les Davis
3620 Franklin Ave
Waco,TX 76710
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- City of Round Rockagrees 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.
Oncor Electric Delivery City of Round Rock
BY:!i 1111).tBY:
TITLEA4� Q TITLE:
DATE: O ~�Q�� DATE:
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POLE REMOVAL IS CONTINGENT ON ALL FOREIGN CONTACTS REMOVED
Wallin Properry
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City of Round Rock
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Kiphen Road Phase II
.
MKT ROW to CR 122 "°H°`11-11
DATE: September 6, 2007
SUBJECT: City Council Meeting - September 13, 2007
ITEM: 11C2. Consider a resolution authorizing the Mayor to execute a
Discretionary Service Agreement for electric relocation between the
City of Round Rock and Oncor Electric Delivery for Kiphen Road,
Phase II project.
Department: Transportation Services
Staff Person: Thomas G. Martin, P. E., Director of Transportation Services
Justification:
Relocation of electric services and poles in the vicinity of Chasco (from .18 miles east of the
old MKT Railroad ROW to CR 122) are required in order to proceed with construction of the
Kiphen Road, Phase II project.
Funding•
Cost: $57,440.00
Source of funds: 413 - Round Rock Transportation System Development Corporation
Outside Resources: Oncor Electric Delivery
Background Information:
The Kiphen Road, Phase II project was awarded to RGM Constructors, L.P. by Council on
November 22, 2005. The project, in accordance with the City's Transportation Master Plan
reconstructs a two-lane roadway to a four-lane divided Arterial. In order to accommodate
street widening improvements, electric services and poles are needed to be relocated by
ONCOR Electric Delivery in order to continue with construction of Kiphen Road, Phase II.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
Tarriff for Retail Delivery Service
6.3 Agreements and Forms Oncor Electric Delivery Company
Applicable: Entire Certified Service Area
Effective Date: January 1 2002 Revision
Original
6.3.4 Discretionary Service Agreement
This Discretionary Service Agreement ("Agreement") is made and entered into this 14 day of September, 2007,
by Oncor Electric Delivery("Oncor 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.
DD9-FACILITIES RELOCATION/REMOVAL CHARGE R locate poles for the widening of Kiphen Rd
Ph 1. City agrees to pay$57.440.00
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 ('DUCT') 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 September 13. 2007 and continues in
effect until November 25. 2007.
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 , 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:
Oncor Electric Delivery
Attn: Les Davis
3620 Franklin Ave
Waco,TX 76710
(b) If to Customer:
City of Round Rock
2008 Enrterprise
Round Rock,Texas 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.
Oncor Electric Delivery
Attn: Les Davis
3620 Franklin Ave
Waco,TX 76710
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- City of Round Rockagrees 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.
Oncor Electric Delivery City of R o
BY: BY:
TITLE: /LO Q TITLE:47
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DATE: .,a0a7 DATE:
NOTE, N
POLE REMOVAL IS CONTINGENT ON ALL FOREIGN CONTACTS REMOVED
Wallin Praperry
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Rouse Rote District
City of Round Rork
K/pten Rwd,paI
Relocate Electric Facilities
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