Ordinance No. 13,856ORDINANCE NO. 13,856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN LED STREETLIGHT REPLACEMENT AGREEMENT WITH
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager to execute an LED Streetlight Replacement Agreement with
CenterPoint Energy Houston Electric, LLC. A copy of the agreement is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative ote of the City Council of the
City of Baytown, this the 23`d day of August, 2018.
A ST:
LETICIA BRYSCH, City tferk
APPROVED AS TO FORM:
SW� DONCARLOS,
cobfs0l%.legal,KarenTiles,City Council`Ardinances\201MAugust 23+CenterPointLEDStreetlightReplacementAgreement.doc
Exhibit "A"
LED STREET LIGHT INSTALLATION AGREEMENT
This LED Street Light Installation Agreement is entered into by and between CenterPoint
Energy Houston Electric, LLC ("CenterPoint" or the "Company") and the City of Baytown
('`Customer") (collectively, the "Signatories").
1. CenterPoint will procure and install LED luminaires and new photoelectric relays for all
street lights within the Subdivision for which replacements satisfactory to the Customer
and CenterPoint are commercially available (hereinafter the "Project"). A current list of
satisfactory and commercially available LED luminaire replacements for existing
mercury vapor, high pressure sodium, and metal halide street lights is set forth in section
6.1.1.1.6 of CenterPoint's Tariff for Retail Delivery Service (the "Tariff').
2. The Project shall commence within three months of the effective date of this agreement
and shall be complete no later than one year after commencement. The Company
reserves the right to change that completion date depending on the demand for LED
luminaires by other retail customers to ensure an efficient and non-discriminatory
deployment of LED luminaires throughout the Company's service territory. After
commencement of the Project, all new streetlights installations within the Subdivision
will consist of LED luminaires satisfactory to the Customer and CenterPoint that are
commercially available, unless otherwise agreed to in writing by CenterPoint and the
Customer.
3. The Customer acknowledges that the Company's ability to commence and complete the
Project on the timeline set forth in paragraph 2 above is dependent upon factors such as
workforce availability and vendor production constraints which could affect the
commencement and completion dates. The Company will notify the Customer upon the
occurrence of any event that will affect the commencement and completion dates.
4. The Customer acknowledges that CenterPoint may request recovery of the capital
(including a reasonable return) and expenses associated with the Project through either a
distribution capital recovery factor application under Public Utility Commission of Texas
Substantive Rule 25.243 or other rate proceeding. The Customer agrees that the Project
is prudent, reasonable and necessary and acknowledges that CenterPoint may request
recovery by CenterPoint of all used and useful capital (including a reasonable return) and
the reasonable and necessary expenses associated with the Project.
5. During the Project period, CenterPoint will work in good faith with vendors to identify
satisfactory LED replacement luminaires for those street light luminaires within the
Subdivision that are not currently part of the Project. As the Company and the Customer
agree on additional LED replacement luminaires, the Company will seek regulatory
approval of rates for those street lights not currently part of the Project, if different than
the rates described in the Company's Tariff, and following regulatory approval, if
needed, will add those street lights to the Project.
6. The Signatories agree that this agreement may be executed in multiple counterparts.
LED Street Light Installation Agreement Page 1
7. This agreement is effective on the date it is signed by all parties.
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
By
Name: _
Date: - -...- .. _.... .
CITY OF BAYTOWN
By:
Name:
Title:
Date:... .__._..... _ ..._.._..�.. _-._._ -.�
LED Street Light Installation Agreement Page 7