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HomeMy WebLinkAbout2000-162ORDINANCE NO O- & 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE LIFTING AND CANCELLATION OF THE CONDITION EXPRESSED AND SET FORTH IN ORDINANCE NO 2000-152, AS ENACTED BY THE COUNCIL ON APRIL 18, 2000, FOR FINAL ACTION UNCONDITIONALLY APPROVING THE AGREEMENT AND PURCHASE ORDER ENTERED INTO BY AND BETWEEN THE CITY OF DENTON AND APPLIED UTILITY SYSTEMS, INC FOR THE PURCHASE OF COMBUSTION TECHNOLOGY EQUIPMENT AND RELATED PROFESSIONAL ENGINEERING SERVICES, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Denton Municipal Electric ("DME") is a municipally -owned electric utility which qualifies as a "Public Power Utility" under the provisions of Senate Bill 7 enacted by the 76`h Texas Legislature The City has determined that it is necessary and appropriate at this time, in order to improve efficiency and to comply with applicable governmental regulations, to utilize combustion technology equipment and related specialized professional engineering services in order to modify and retrofit certain units of the City's Spencer Steam Power Plant, and WHEREAS, the City Council considered the matter of the approval of an Ordinance authorizing and approving an Agreement and Purchase Order ("Agreement") by and between the City of Denton and Applied Utility Systems, Inc, respecting the equipment and services referred to in the immediately preceding paragraph, at its April 18, 2000 meeting, and the City Council, having convened this matter in its Closed Meeting, as permitted by law, and having discussed the same, elected to proceed to final action and determination of the matter in its Open Meeting, and WHEREAS, the City Council, in its Open Meeting, voted to unanimously approve an Ordinance authorizing and approving the Agreement, provided however, the City Council approved the Agreement subject to the following condition which was expressed in the Preamble to Ordinance No 2000-152, to wit "The Agreement is approved contingent upon the Texas Natural Resource Conservation Commission ("TNRCC") adopting rules substantially in the form presently proposed by the TNRCC staff, and on the Public Utilities Commission of Texas ("PUC") making a commitment to begin a formal rulemaking process by a date certain that provides cost recovery of (1) Fixed and variable operating costs of the Spencer plant above the market clearing price of energy, and, (2) The investment in the NOx emission monitoring and controls equipment " WHEREAS, in the two (2) weeks immediately following the enactment of Ordinance No 2000-152, Staff has determined that the applicable facts and circumstances which gave rise to the necessity of the City Council conditioning the final approval of the Ordinance and the Agreement, have materially changed, and Staff has expressed and recommended to the City Council that it consider lifting and cancelling the condition expressed in the immediately preceding paragraph, and WHEREAS, in accordance with the provisions of Section 551 086 of the Texas Government Code, and after public notice having been given in the form and in the manner as provided by applicable law, the City Council, a "Public Power Governing Body" under Senate Bill 7, has received information from Staff, discussed, deliberated, and considered the matter of the final, unconditional approval of the Agreement in its Closed Meeting on the 2"d day of May, 2000, after first determining by a majority vote of its Members, as required by law, that the consideration of this Agreement by the City Council is related to Denton Municipal Electric's ("DME") competitive activity, including commercial information, which if disclosed, would give advantage to its competitors or prospective competitors, and the City Council, thereafter, in its Open Meeting on the 2"d day of May, 2000, proceeded to consider and take final action on the unconditional passage of the Ordinance approving the Agreement, and the City Council voted to lift and cancel the heremabove-referred to condition as of the 2"d day of May, 2000, resulting in the City Council's final, unconditional approval of the Agreement, the Ordinance, and authorizing the expenditure of funds pursuant to the Agreement, and WHEREAS, the City Council has further determined that the Agreement to be entered into by and between the City and Applied Utility Systems, Inc ("AUS") should be excepted from any public disclosure, to the extent lawfully possible, as permitted by the provisions of Section 552 131 of the Texas Government Code, as a document that is reasonably related to a competitive electric matter, the disclosure of which document wouldi provide an advantage to DME's competitors or prospective competitors, and WHEREAS, the City Council deems it in the public interest for the City of Denton to enter into the Agreement with Applied Utility Systems, Inc, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the recitations and findings set forth in the preamble hereinabove are hereby approved and made a part of this ordinance SECTION 2 That the heremabove-described condition is lifted and cancelled, and the City Manager is accordingly hereby authorized to execute an Agreement and Purchase Order by and between the City of Denton, Texas and Applied Utility Systems, Inc for the purchase of combustion technology equipment and related professional engineering services, in substantially the form of the Agreement and Purchase Order attached to Ordinance No 2000-152, and incorporated herewith by reference, and at that time, or at any time thereafter, the City Manager is hereby further authorized to issue a written notice to AUS to commence work on the project SECTION 3, Now that the above -described condition to Ordinance No 2000- 152 has been hfted and cancelled, the expenditure of funds as provided in the Agreement is hereby authorized SECTION 4 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED on tlus the 2nd day of May, 2000 �� 0 M rmd9 ATTEST JENNIFER WALTERS, CITY SECRETARY By APROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By S \Our Documents\OrdmanceA AUS Inc-DME-Ord-Final Rmv Cond Vote Open doe ORDINANCE NO 004W AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE LIFTING AND CANCELLATION OF THE CONDITION EXPRESSED AND SET FORTH IN ORDINANCE NO 2000-152, AS ENACTED BY THE COUNCIL ON APRIL 18, 2000, FOR FINAL ACTION UNCONDITIONALLY APPROVING THE AGREEMENT AND PURCHASE ORDER ENTERED INTO BY AND BETWEEN THE CITY OF DENTON AND APPLIED UTILITY SYSTEMS, INC FOR THE PURCHASE OF COMBUSTION TECHNOLOGY EQUIPMENT AND RELATED PROFESSIONAL ENGINEERING SERVICES, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Denton Municipal Electric ("DME") is a municipally -owned electric utility ,which qualifies as a "Public Power Utility" under the provisions of Senate Bill 7 enacted by the 76s' Texas Legislature The City has determined that it is necessary and appropriate at this time, in order to improve efficiency and to comply with applicable governmental regulations, to utilize combustion technology equipment and related specialized professional engineering services in order to modify and retrofit certain units of the City's Spencer Steam Power Plant, and WHEREAS, the City Council considered the matter of the approval of an Ordinance authorizing and approving an Agreement and Purchase Order ("Agreement") by and between the City of Denton and Applied Utility Systems, Inc, respecting the equipment and services referred to in the immediately preceding paragraph, at its April 18, 2900 meeting, and the City Council, having convened this matter in its Closed Meeting, as permitted by law, and having discussed the same, elected to proceed to final action and determination of the matter in its Open Meeting, and WHEREAS, the City Council, in its Open Meeting, voted to unanimously approve an Ordinance authorizing and approving the Agreement, provided however, the City Council approved the Agreement subject to the following condition which was expressed in the Preamble to Ordinance No 2000-152, to wit "The Agreement is approved contingent upon the Texas Natural Resource Conservation Commission ("TNRCC") adopting rules substantially in the form presently proposed by the TNRCC staff, and on the Public Utilities Commission of Texas ("PUC") making a commitment to begin a formal rulemaking process by a date certain that provides cost recovery of (1) Fixed and variable operating costs of the Spencer plant above the market clearing price of energy, and, (2) The investment in the NOx emission monitoring and controls equipment " WHEREAS, in the two (2) weeks immediately following the enactment of Ordinance No 2000-152, Staff has determined that the applicable facts and circumstances which gave rise to the necessity of the City Council conditioning the final approval of the Ordinance and the Agreement, have materially changed, and Staff has 1 expressed and recommended to the City Council that it consider lifting and cancelling the condition expressed in the immediately preceding paragraph, and WHEREAS, in accordance with the provisions of Section 551 086 of the Texas Government Code, and after public notice having been given in the form and in the manner as provided by applicable law, the City Council, a "Public Power Governing Body" under Senate Bill 7, has received information from Staff, discussed, deliberated, and considered the matter of the final, unconditional approval of the Agreement in its Closed Meeting on the 2 d day of May, 2000, after first determining by a majority vote of its members, as required by law, that the consideration of this Agreement by the City Council is related to Denton Municipal Electric's ("DME") competitive activity, including commercial information, which if disclosed, would give advantage to its competitors or prospective competitors, and the City Council, thereafter, in its Open Meeting on the Vd day of May, 2000, proceeded to consider and take final action on the unconditional passage of the Ordinance approving the Agreement, and the City Council voted to lift and cancel the hereinabove-referred to condition as of the 2"d day of May, 2000, resulting in the City Council's final, unconditional approval of the Agreement, the Ordinance, and authorizing the expenditure of funds pursuant to the Agreement, and WHEREAS, the City Council has further determined that the Agreement to be entered into by and between the City and Applied Utility Systems, Inc ("AUS") should be excepted from any public disclosure, to the extent lawfully possible, as permitted by the provisions of Section 552 131 of the Texas Government Code, as a document that is reasonably related to a competitive electric matter, the disclosure of which document would provide an advantage to DME's competitors or prospective competitors, and WHEREAS, the City Council deems it in the public interest for the City of Denton to enter into the Agreement with Applied Utility Systems, Inc , NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the recitations and findings set forth in the preamble hereinabove are hereby approved and made a part of this ordinance SECTION 2 That the hereinabove-described condition is lifted and cancelled, and the City Manager is accordingly hereby authorized to execute an Agreement and Purchase Order by and between the City of Denton, Texas and Applied Utility Systems, Inc for the purchase of combustion technology equipment and related professional engineering services, in substantially the form of the Agreement and Purchase Order attached to Ordinance No 2000-152, and incorporated herewith by reference, and at that time, or at any time thereafter, the City Manager is hereby further authorized to issue a written notice to AUS to commence work on the project 2 SECTION 3 Now that the above -described condition to Ordinance No 2000- 152 has been lifted and cancelled, the expenditure of funds as provided in the Agreement is hereby authorized SECTION 4 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED on this the 2nd day of May, 2000 !��' a MI ung FAA@ ATTEST JENNIFER WALTERS, CITY SECRETARY By APROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 1". By ej S \Our Documenta\OrdinanceAMAUS Inc DM&Ord Final Rmv Cond Vote Open doc