HomeMy WebLinkAbout26-1535 INCOMPLETEORDINANCE NO. 26-1535
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NUMBER TWO (2) TO THE POWER PURCHASE AGREEMENT BETWEEN THE CITY
AND YELLOW VIKING DEVELOPMENT ONE, LLC ("YELLOW VIKING"); AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton (`City") owns and operates an electric utility which
provides electric energy and related services to all customers within Denton Municipal Electric's
("DME") Public Utilities Commission of Texas ("PUCT") certificated jurisdiction; and
WHEREAS, the City and Yellow Viking Development One, LLC entered into a Power
Purchase Agreement ("PPA") dated April 29, 2024, for the City's to receive renewable energy
from the Yellow Viking facility; and
WHEREAS, Yellow Viking Development One, LLC intends to amend the PPA to
reflect the new total project size and modify the definition for Installed Capacity; and
WHEREAS, the City and Yellow Viking Development One, LLC have agreed to terms
and conditions for Amendment Number 2 to the PPA (`Amendment No. 2") as Exhibit "A" and
incorporated herein for all purposes; and
WHEREAS, the City Council further finds that Amendment No. 2 to the PPA is in the best
interest of the customers of Denton Municipal Electric; and
WHEREAS, the City Council finds that Amendment No. 2 to the PPA should be sealed
and exempted from public disclosure, as permitted by the provisions of §552.133 of the
Texas Government Code, as a document that is reasonably related to a competitive electric
matter, the disclosure of which would provide an advantage to the competitors or prospective
competitors of the City's municipal electric operation (`Competitive Information"); and
WHEREAS, the City Council finds that it is in the public interest that it exercises its right
under the Texas Government Code to lawfully safeguard and keep Amendment No. 2 to the PPA
sealed, as it contains competitive electric commercial and financial information; and
WHEREAS, the City Council finds that it is in the public interest that a copy of
Amendment No. 2 to the PPA, redacted of Competitive Information, be made available to the
public; and
WHEREAS, the City Council further finds that Amendment No. 2 to the PPA is in the best
interest of the customers. NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble of this ordinance are
incorporated herein by reference as findings of the City Council.
SECTION 2. The City Council approves and authorizes the City Manager, or their
designee, and City Secretary, or their designee, to execute, attest and deliver, respectively,
Amendment No. 2 to the PPA, attached as Exhibit "A", with Yellow Viking Development One,
LLC.
SECTION 3. The City Council approves and authorizes the City Manager, or their
designee, to take such additional actions as the City Manager, or the designee, determines to be
necessary and advisable to continue to effectuate the purpose, terms, and conditions of Amendment
No. 2 to the PPA.
SECTION 4. Immediately following the execution, attestation, and delivery of
Amendment No. 2 to the PPA, the City Secretary is directed to seal and maintain the PPA in their
custody and control, as documents excepted from public disclosure under the provisions of Texas
Government Code, Section 552.133 unless otherwise lawfully ordered to disclose said documents.
SECTION 5. A copy of Amendment No. 2 to the PPA, redacted of Competitive
Information, attached Exhibit `B", shall be available to the public for inspection and copying.
Absent lawful order, the Amendment No. 2 to the PPA and the original PPA shall not be available
for public inspection or copying and will be sealed as provided for in the preceding section.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by George Ferrie and
seconded by Suzi Rumohr , the ordinance was passed and approved by
the following vote [4 - o ]:
Aye Nay Abstain Absent
Mayor Chris Watts:
Jordan E. Villarreal, District 1:
Nick Stevens, District 2:
Suzi Rumohr, District 3:
Joe Holland, District 4:
George Ferrie, At Large Place 5:
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 13th day of October , 2026.
CHRfS WATTS, MAYOR
ATTEST:
KRISTI GILBERT, CITY SECRETARY
BY0
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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