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Home My WebLink About1998-402ORDINANCE NO V- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPOINTING SHARON MAYS TO ACT AS THE DESIGNATED REPRESENTATIVE AND GUY PHIL RENNAKER TO ACT AS THE ALTERNATE DESIGNATED REPRESENTATIVE FOR THE CITY OF DENTON, TEXAS, IN ORDER TO EFFECTUATE THE REQUIREMENTS OF FEDERAL REGULATIONS AND LAWS RELATING TO THE "ACID RAIN PROGRAM" UNDER THE 1990 AMENDMENTS TO THE FEDERAL CLEAN AIR ACT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE DESIGNATED REPRESENTATIVE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Federal regulations and laws relating to the "Acid Ram Program" under the 1990 amendments to the Federal Clean Air Act (40 CFR part 72, 42 U S C 7401, et sea ) mandate the designation of a Designated Representative and authorize the designation of an Alternate Designated Representative to act on the City's behalf in complying with the applicable Federal permitting and regulatory provisions, and WHEREAS, heretofore the City Council enacted Ordinance No 94-197 on October 18, 1994, which appointed Jim Harder, Director of Electric Utilities, as the City's Designated Representative, and Jim Thune, Electric Production Manager, as the City's Alternate Designated Representative, to act on the City's behalf in complying with the applicable Federal permitting and regulatory provisions In connection with said ordinance, the City, Jim Harder and Jim Thune entered into a "Designated Representative Agreement" on October 18, 1994 evidencing the designation of representatives, the responsibilities of the respective parties, and which Agreement provided indemnification to the Designated Representative and Alternate Designated Representative regarding personal liability arising in their respective representative capacities, and WHEREAS, Jim Harder and Jim Thune are no longer employed by the City, and it is necessary, in order to comply with the law, to appoint a replacement Designated Representative as well as an Alternate Designated Representative to serve as the City's representatives respecting to the above Federal regulations and laws, and the City accordingly desires to hereby terminate the appointments of Jim Harder as Designated Representative and Jim Thune as Alternate Designated Representative, and WHEREAS, after careful consideration, the City of Denton, Texas believes that Sharon Mays, Director, Denton Municipal Electric, and Guy Phil Rennaker, Spencer Generation Plant Manager, Denton Municipal Electric, are the most qualified individuals to assume the responsibilities as Designated Representative and Alternate Designated Representative, respectively, on behalf of the City, and WHEREAS, these positions are positions of extraordinary importance and responsibility, and carry with them the burdens of, and potential for, civil liabilities as well as civil and criminal sanctions, in the event said Federal regulations or laws are violated by the City, and WHEREAS, the City Council believes that to the extent specified in the Designated Representative Agreement attached hereto as Exhibit "A", it is necessary and appropriate for the City to assume responsibility, through indemnification, for any such civil liability or sanction, unless such civil liability or sanction results from personal dishonesty, from fraud, or from a willful, wanton, or criminal act of the Designated Representative, or the Alternate Designated Representative, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City of Denton, Texas hereby appoints Sharon Mays as the Designated Representative, and Guy Phil Rennaker as the Alternate Designated Representative for the purpose of effectuating the requirements of the applicable Federal regulations and laws relating to the "Acid Rain Program" under the 1990 amendments to the Federal Clean Air Act, as same may be amended from time to time SECTION II That the City Manager is hereby authorized to execute on behalf of the City of Denton, the Designated Representative Agreement with Sharon Mays and Guy Phil Rennaker, which Agreement is attached hereto and incorporated herewith by reference as Exhibit "A„ SECTION III That this ordinance shall become effective immediately upon its passage and approval �y//� A,� / PASSED AND APPROVED this the i i - day of / (.Oifii('%%ZQ�C/(/ , 1998 JAC .LER, MAYOR ` ATTEST JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordinances\98\DestgnatedRepmsentatrve Ord doc STATE OF TEXAS COUNTY OF DENTON DESIGNATED REPRESENTATIVE AGREEMENT THIS AGREEMENT is made, effective as of the JJ#day of 1998, by and between and among the City of Denton, Texas ("CITY"), the owner and operator of the hereinafter named affected sources, Sharon Mays, Director, Denton Municipal Electric ("MAYS"), and Guy Phil Rennaker, Spencer Generation Plant Manager, Denton Municipal Electric ("RENNAKER") WITNESSETH WHEREAS, the CITY is sole owner and operator of the hereinafter enumerated affected sources and units, such sources and units being subject to regulation under the Federal Acid Ram Program (40 C F R , Part 72, as currently codified and hereafter amended), a program instituted pursuant to Title IV of the 1990 amendments to the Federal Clean Air Act (42 U S C 7401, et sew as currently codified and as hereafter amended), and WHEREAS, the affected sources of the CITY, and its respective affected units, are as follows Spencer Steam Plant, Units 4 and 5, and WHEREAS, Sharon Mays is employed by the CITY as its Director, Denton Municipal Electric, and WHEREAS, Guy Phil Rennaker is employed by the CITY as its Spencer Generation Plant Manager, Denton Municipal Electric, NOW THEREFORE, in consideration of the premises, the covenants hereinafter set forth, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto do hereby AGREE as follows DESIGNATED REPRESENTATIVE Pursuant to the Federal Clean Air Act, as amended, the CITY hereby appoints Sharon Mays as its Designated Representative for the CITY affected sources MAYS hereby agrees to act as the CITY's Designated Representative for the CITY affected sources II DUTIES OF THE DESIGNATED REPRESENTATIVE The CITY authorizes MAYS to fulfill the duties placed on the CITY's Designated Representative as such duties are defined in the Clean Air Act, as amended, and the implementing regulations promulgated thereunder by Federal and State Agencies, including those federal regulations found at 40 CFR Section 72 20 et sea MAYS agrees to perform those duties Designated Representative Contract — Page 1 III ALTERNATE DESIGNATED REPRESENTATIVE Pursuant to the Federal Clean Air Act, as amended, CITY hereby appoints RENNAKER to act as CITY's Alternate Designated Representative for the CITY affected sources RENNAKER hereby agrees to act as the CITY's Alternate Designated Representative IV DUTIES OF THE ALTERNATE DESIGNATED REPRESENTATIVE The CITY authorizes RENNAKER to fulfill the duties placed on the CITY's Alternate Designated Representative, as such duties are defined in the Federal Clean Air Act, as amended, and implementing regulations promulgated thereunder by Federal and State agencies, including those federal regulations found at 40 CFR Section 72 20 et sea RENNAKER agrees to perform those duties V PROCEDURE FOR THE ALTERNATE DESIGNATED REPRESENTATIVE TO ACT IN LIEU OF THE DESIGNATED REPRESENTATIVE CITY hereby authorizes MAYS to notify RENNAKER either orally or in writing when she is unable to fulfill her duties as set forth in Section II for any reason, including, without limitation, sickness, vacations, or business travel Upon receipt of such notice, RENNAKER shall fulfill MAYS' Section II duties until such time as MAYS notifies RENNAKER (either orally or in writing) that she is able to resume her Section II duties If MAYS becomes suddenly incapacitated and is unable to provide the notice required by this Section, then (a) CITY authorizes RENNAKER to assume MAYS' Section II duties, and (b) RENNAKER will either orally or in writing notify MAYS of his action, and (c) RENNAKER will continue to perform MAYS' Section II duties until such time as MAYS notifies RENNAKER (either orally or in writing) that she is able to resume her Section II duties VI CERTIFICATE OF REPRESENTATION CyITY authorizes MAYS and RENNAKER to submit a Certificate of Representation as provided, by 40 CFR Section 72 24, and any other applicable regulation CITY further agrees to be bound by the certifications made by MAYS and RENNAKER in the submitted Certificate of Representation MAYS and RENNAKER agree to promptly execute and file the Certificate of Representation It is acknowledged that, pursuant to 40 CFR Section 70 20(b), upon receipt by the Administrator of the Environmental Protection Agency of a complete Certificate of Representation, the CITY Designated Representative, or as the case may be, the Alternate Designated Representative, shall represent and, by his or her actions, inactions, or submissions, legally bind the CITY in all matters pertaining to the Federal Acid Rain Program and such Designated Representative Contract — Page 2 affected sources and units CITY shall be bound by any order issued to the Designated Representative by the Administrator, the permitting authority, or by a court of competent jurisdiction VII LIABILITY AND INDEMNIFICATION OF REPRESENTATIVES To the extent allowed by law, the CITY agrees to indemnify and hold harmless MAYS and RENNAKER respecting any personal liability that they may incur in their capacities as Designated Representative and Alternate Designated Representative, respectively Such hold harmless agreement and indemnification does not extend to liability that results from personal dishonesty, from fraud, or from willful, wanton, or criminal acts VIII BINDING EFFECT This Agreement is binding upon the CITY in its capacity as the owner and operator of the CITY affected sources and units of those sources IX TERMINATION This Agreement may be terminated by any party hereto at any time by giving notice of such termination in writing to the other parties IN WITNESS WHEREOF, the City of Denton, Texas, has caused this Agreement to be executed in three original counterparts, by and through its duly -authorized City Manager, and MAYS and RENNAKER have each executed thip,Agreement as evidenced by their respective signatures set forth hereinbelow, on this the / ; 'L/ day of � 1998 CITY OF DENTON BY SHARON MAYS DIRECTOR, DENTON MUNICIPAL ELECTRIC DESIGNATED REPRESENTATIVE Designated Representative Contract — Page 3 BY r GUY P L A R SPENCER G NERAL PLANT MANAGER DENTON MUNICIPAL ELECTRIC ALTERNATE DESIGNATED REPRESENTATIVE ATTEST JENNIFER WALTERS,/CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY \\CH LGL\VOLI\SHARED\DEPTNLGL\Our Documents\Contracts\98\DestgnatedRepresentanve Contract doe Designated Representative Contract — Page 4