The URL can be used to link to this page

Home My WebLink About1997-277CI WNMTo IXOWWelm Cai ORDINANCE NO l ^ A / AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL ONE YEAR 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 to 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 WHEREAS, the City and Company desire to amend said Agreement as amended by said Amendment Number One to extend the term of said Agreement for an additional one year period, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute Amendment Number Two 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 second 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 SECTION 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 ATTEST Secretary Executed this the day of TEXAS UTILITIES ELECTRIC COMPANY By Senior Vice President 1997 (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 1* PASSED AND APPROVED this the �= day of c5E�P�' 1997 J { LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY The City of Denton, Texas, ,mot acting herein by its duly constituted authot)es, hereby declares the foregoing Ordinance passed on first reading on the day of rye r _ 1997, and finally effective as of the t2 — day of 1Vell Lulnulltm, %.Vullull ivamawm I� Carl G Young, Sr Co er Euline Brock, Council Member X, a 'L , Mike Cochran, Council Member Sandy Kri �ftrson, 6auDq l Member The above and foregoing ordmanceead, adopted on first reading and passed to second reading by the following votes, this the day of 1997, at a regular session of the City Council Jack Miller, Mayor, voting Euhne Brock, Council Member, voting_ Rom Beasley, Council Member, voting �e _ Mike Cochran, Council Member, voting2U� Neil Durrance, Council Member, votingj — Sandy Kristoferson, Council Member, voting QU e Carl G Young, Sr, Council Member, voting O & PAGE 3 The above and foregoing ordinance read, adopted on second reading and passed by the following votes, this the gzh day of c/!?6Pi/' 1997, at a regular session of the City Council Jack Miller, Mayor, voting Euhne Brock, Council Member, voting Rom Beasley, Council Member, voting Mike Cochran, Council Member, voting vie _ Neil Durrance, Council Member, voting Sandy Knstoferson, Council Member, voting "a Carl G Young, Sr, Council Member, voting -aVe STATE OF TEXAS COUNTY OF DENTON 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 Two 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 q in the Ordinance Records of the City of Denton, Texas WITNESS MY HAND this the. day of 1 J ^g�irr,�t�� , 1997 (SEAL) infer lters, ity Secretary PAGE AMENDMENT NUMBER TWO 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 WHEREAS, the Agreement, as previously amended, terminates on September 30, 1997, and WHEREAS, the City and Company desire to amend said Agreement, as amended by said Amendment Number One, to extend the term of said Agreement for an additional one-year 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 September 30, 1998 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 Amendment Number One 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 EXHIBIT "A" EXECUTED in duplicate original counterparts this the A day of Jelpte/n 6P,r, 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY BY W APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / V W ATTEST (�L Azwla= - E \DOCS\K\TU STREET RENTAL AMENDMENT CITY OF DENTON, TEXAS TEXAS UTILITIES ELECTRIC COMPANY BY SENIOR VICE P ENT Page 2