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Home My WebLink About1998-259ORDINANCE NO 'a�Jr9 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE, EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD, FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is engaged in the business of providing electric utility service within the City of Denton (hereinafter called "City") and is using the public streets, alleys, grounds, and rights -of -ways within the City for that purpose under the terms of an Agreement, approved by Ordinance Number 87-186 duly passed on October 20, 1987, and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No 93-133 duly passed on July 27, 1993, and thereafter further amended by Amendment Number Two To The Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No 97-277 duly passed on September 9, 1997, and WHEREAS, the City and Company desire to amend said Agreement as amended by said Amendments Number One and Two to extend the term of said Agreement for an additional six month period, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute Amendment Number Three to the Agreement between the City of Denton and Texas Utilities Electric Company for the use of City streets, which is attached hereto as an Exhibit "A" and incorporated by reference herein SECTION II That it is officially found and determined that the meetings at which this ordinance is passed are open to the public as required by law and a public notice of the time, place, and purpose of said meetings was given as required by law SECTION III That the City Secretary is hereby directed to affix a copy of this ordinance to Ordinance Number 87-186 and inscribe thereon the notation that the Agreement has been amended a third time with the adoption of this ordinance SECTION IV That this ordinance shall take effect immediately from and after its passage, publication, and acceptance by Company in accordance with the provisions of the Charter of the City of Denton, and is accordingly so ordained PAGE 1 S) CTION V That Company shall, within twenty-one (21) days after the passage of this ordinance, file in the office of the City Secretary of the City of Denton, Texas a written instrument signed and acknowledged by a duly authorized officer, in substantially the following form (a) To the Honorable Mayor and City Council of the City of Denton The Grantee, Texas Utilities Electric Company, acting by and through the undersigned authorized officer, hereby accepts Ordinance No extending the term of the existing Agreement with the City of Denton TEXAS UTILITIES ELECTRIC COMPANY Senior Vice President ATTEST Secretary Executed this the day of 1998 (b) The acceptance shall be duly acknowledged by the person executing the same In the event the acceptance is not filed within the twenty-one (21) day period, this ordinance and the rights and privileges hereby granted shall terminate and become null and void (c) The City Secretary shall cause a notice of the passage of this ordinance fairly stating the substance hereof to be published once each week for two (2) consecutive weeks in the official newspaper of the City of Denton, Texas The Company shall pay the costs of publication of such notices PASSED AND APPROVED this the day of auzzlit&r , 1998 JAC ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY - j The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the f regoing Ordinance passed on first reading on the day of - , 1998, and finally effective as of the day of ,,, Rom Beasley, Counci ember Mike Cochran, Council Member Sandy Kristoferson, Co—uncio4ember The above and foregoing ordinance r ad, adopted on rst reading a d passed to second reading by the following votes, this the day of 1998, at a regular session of the City Council Jack Miller, Mayor, voting Rom Beasley, Council Member, voting CrA1 Mark Burroughs, Council Member, voting Mike Cochran, Council Member, voting Q,U Neil Durrance, Council Member, voting ClA4 Sandy Knstoferson, Council Member, voting Carl G Young, Sr , Council Member, voting PAGE 3 The above and foregoing ordinance read, adopted on second reading and passed by the following votes, this the � day of 1998, at a regular session of the City Council Jack Miller, Mayor, voting Rom Beasley, Council Member, voting QI — Mark Burroughs, Council Member, voting QqjL Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting Gl�� Sandy Kristoferson, Council Member, voting G Ili Carl G Young, Sr, Council Member, voting STATE OF TEXAS CK�II1� Y IG�iT;�]1�IlC�)`►I I, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Amendment Number Three to the Agreement Between the City of Denton and Texas Utilities Electric Company pertaining to street rental, as indicated herein The same is now recorded as Ordinance Number in the Ordinance Records of the City of Denton, Texas WITNESS MY HAND this the I5t day of 1998 (SEAL) Je ifer V lters, City Secretary PAGE �eWELECTRICe Lone Star Gass Texas Utilities Companies Brenda Jackson Sr rice President September 16, 1998 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS The undersigned hereby accepts the terms of that certain franchise passed and adopted by the City Council of the City of Denton, Texas, by Ordinance 98-259 duly approved by the Mayor and attested by the City Secretary on September 1, 1998, same being, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFORE FOR AN ADDITIONAL SIX MONTH PERIOD, FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE" IN TESTIMONY WHEREOF, witness the corporate signature of Texas Utilities Electric Company by its duly authorized officer, ttus the 16'b day of September, 1998 TEXAS UTILITIES ELECTRIC COMPANY Brenda Jackson Sr Vice President 0p$Inal acceptance of ncluse, of which the foregoing Is a true copy, was filed m my office on the t�oiv day o 1998, at o'clock &- in (CITY SEAL) SecreiCy City of Denton, Texas 100 West Mulberry Denton Texas 76201 AMENDMENT NUMBER THREE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is engaged in the business of providing electric utility service within the City of Denton (hereinafter called "City") and is using the public streets, alleys, grounds, and rights -of -way within the City for that purpose under the terms of an Agreement, approved by the City Council of the City of Denton, Texas in Ordinance No 87-186, duly passed on October 20, 1987, and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No 93-133, duly passed on July 27, 1993, and thereafter amended by Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No 97-227, duly passed on September 9, 1997, and WHEREAS, the Agreement, as previously amended, terminates on September 30, 1998, and WHEREAS, the City and Company desire to amend said Agreement, as amended by said Amendments Number One and Two, to extend the term of said Agreement for an additional six month period, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS SECTION 1 That Section 10 of the Agreement is hereby amended to read as follows 10 This Agreement shall terminate on March 31, 1999 SECTION 2 That in all respects, except as specifically and expressly amended by this document, the said Agreement heretofore duly passed by the City Council of the City of Denton, Texas and duly accepted by Company, and as amended by Amendments Number One and Two to said Agreement heretofore duly passed by the City Council of the City of Denton, Texas and duly accepted by Company shall remain in full force and effect EXECUTED in duplicate original counterparts this the — St day of 1998 ATTEST. JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY CITY OF DENTON, TEXAS ,LvjKmirr, � TEXAS UTILITIES ELECTRIC COMPANY BY _ SENIOR VICE PR691DENT ATTEST \shared dept\L L\Our cuments ontracts\98M Street Rental Thud Amend doe Page 2