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20-1060 - 7377 - Ordinance ExecutedORDINANCE NO 20-1060 AN ORDINANCE OF THE CITY OF DEN’rON. A TEXAS HOME-RULE MUNICIPAL CORPORATION, APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS (NOT TO EXCEED $62,000 A YEAR FOR FIVE YEARS WITH A TOTAL NOT TO EXCEED AMOUNT OF $310,000) FOR THE PAYMENT OF FEES DUE UNDER A PAR’rlCIPAN’I AGREEMENT BETWEEN TI-IE CITY AND ICE FUTURES U.S., iNC., A DELAWARE CORPORATION, FOR USE BY TI-IE CITY’S ENERGY MANAGEMENT ORGANIZATION OF DENTON MUNICIPAL ELECTRIC FOR ITS MARKET OPERATIONS; AND. PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 13, 2017, the City of Denton, a Texas home-rule municipal corporation (“Denton”), and ICE Futures U.S., Inc., a Delaware corporation (“IFUS”), entered into a Participant Agreement (“Agreement”) which sets out the terms, conditions, and fees by which Denton can use the IFUS Intercontinental Exchange electronic exchange and platform services in conjunction with the market operations of the Denton’s Energy Management Organization of Denton Municipal Electric (“DME-EN40“); and WHEREAS, Denton’s DME-EMO seeks funding authorization for fees under the Agreement in an amount not to exceed $62,000 per year for the next five years with a total not to exceed amount of $310,000; and WHEREAS, this funding authorization was considered by Denton’s Public Utilities Board (“PUB”) on June 22, 2020; a majority of the PUB convened as permitted by law to discuss this funding authorization; and, thereafter proceeded to take final action and, by a vote of S JX ( IL ) in favor to aGO ( XL ) opposed, recommended to the City Council that the funding authorization be approved; and WHEREAS, the City Council finds that the funding authorization is in the best interest of the public and should be approved and authorized; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the above recitals are incorporated herewith and are a part of this Ordinance. SECTION 2. The City Council approves and authorizes the City Manager to spend no more than $62,000 per year over the next five years from budgeted funds for the payment of fees in accordance with the Participant Agreement approved on March 13, 2017. SECTION 3. This ordinance shall become effective immediately upon its passage and approval The motiol>+o approve this ordinance was made by the ordinanlseconded by '() the following vote [& - I)] :a a8 a U;);slid approve and d by Aye ./ ,/ ,/ \// Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: / PASSED AND APPROVED this, the %hy of June, 2020. Z ,/ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY _2/)a _Z aLl. APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: