HomeMy WebLinkAbout1999-472ORDINANCE NO _9941A
AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC,
DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF
CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN
THE CITY OF DENTON, REGULATING THE CONSTRUCTION WORK DONE BY THE
GRANTEE IN THE CITY, PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE -
MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO
ADMINISTRATION OF THIS FRANCHISE, PROVIDING FOR ENFORCEMENT OF THE
FRANCHISE, PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE
GRANTEE FOR THE FRANCHISE PRIVILEGE, SETTING FORTH THE TERM OF THE
FRANCHISE , PROVIDING FOR A SEVERABILITY PROVISION, PROVIDING FOR
ACCEPTANCE OF THE FRANCHISE BY GRANTEE, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, Denton County Electric Cooperative, Inc, doing business as CoSery
Electric, has been using and occupying Public Rights -of -Way in the City of Denton for a number
of years, including all of calendar year 1998, without a franchise therefor from the City, and
WHEREAS, by letter agreement dated June 16, 1999 ("Letter Agreement"), CoSery
Electric and the City agreed to interim terms and conditions governing CoSery Electric's use and
occupancy of the Public Rights -of -Way until CoSery Electric and the City reached agreement on
a comprehensive franchise agreement/ordinance, and
WHEREAS, such Letter Agreement provided that the electric franchise to be granted to
CoSery Electric would have an effective date of no later than May 17, 1999, and
WHEREAS, the City of Denton has adopted Ordinance No 99-373 amending the City of
Denton Code of Ordinances to provide uniform regulations to govern the use and occupancy of
Public Rights -of -Way by providers of Electric Utility Service in the City, such provisions being
codified as Sections 26-240, et seq, City Code, and including the requirement that such
providers obtain a franchise from the City for such use and occupancy, and
WHEREAS, Sections 26-240, et seq , of the City Code apply to Denton County Electric
Cooperative, Inc, doing business as CoSery Electric, and its provision of Electric Utility Service
in the City, and require Denton County Electric Cooperative, Inc to obtain a franchise from the
City, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I DEFINITIONS
As used in this ordinance, capitalized terms shall have the defined meanings set forth in
Ordinance No 99-373, codified as Sections 26-240, et seq , City of Denton Code of Ordinances,
and such definitions are hereby adopted as is set forth fully herein
SECTION II FRANCHISE GRANTED
(a) There is hereby GRANTED to Denton County Electric Cooperative, Inc, doing
business as CoSery Electric (hereinafter called "Grantee"), for the term of ten (10) years from the
effective date set forth in Section XII of this Ordinance, a Franchise to use and occupy the Public
Rights -of -Way in order to construct, erect, own, suspend, install, extend, renew, repair, maintain,
operate, and conduct in the City of Denton, Texas, (hereinafter referred to as "City"), a plant or
plants and poles, wires, pipelines, cables, underground conduits, manholes, fiber optic cable for
its own use, and all other facilities and equipment needed and necessary for the maintenance and
operation of an Electric Utility System
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(b) This Franchise does not grant to Grantee the right, privilege, or authority to
engage in any other business within the City other than the provision of Electric Utility Service,
as set forth in this Franchise Any additional services to be performed by Grantee in the City,
other than Electric Utility Services, shall not be included within this Franchise, but instead, shall
be the subject of a separate agreement or by an appropriate amendment to this Franchise
(c) All of Grantee's activities and occupation of the Public Rights -of -Way in the City
shall be governed by the provisions of Sections 26-240, et seq , City Code, as such provisions
may be amended from time to time in the sole discretion of the City
(d) This Franchise supercedes, and takes the place of, the Letter Agreement dated
June 16, 1999, referenced in the preamble hereof Grantee and City agree that Ordinance No
99-373 , codified as Sections 26-240, et seq , City Code, and this Franchise together constitute
the comprehensive franchise agreement/ordinance referenced in the Letter Agreement
SECTION III ADMINISTRATION OF FRANCHISE BY CITY
(a) The City Manager is the principal City officer responsible for the administration
of this Franchise, and shall generally oversee and review the operations of Grantee under this
Franchise
(b) The City may delegate to the City Manager the exercise of any of the powers
conferred upon the City by its Charter, under its Code of Ordinances, or by regulation or rule, or
by law, relating to the supervision and regulation of Grantee in the exercise of the rights and
privileges herein conferred to Grantee The City Manager shall have the authority to make and
publish, after written notice to those affected and after a hearing, such rules and regulations as
are necessary to carry out the duties and powers conferred upon the City, acting by and through
its City Manager by the Public Utility Regulatory Act, as amended, and otherwise
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(c) It shall be the right and duty of the City Manager and the governing body of the
City at all times to keep fully informed as to all matters in connection with, or affecting the
construction, reconstruction, maintenance, operation, and repair of the Electric Utility System of
the Grantee, as well as its accounting methods and procedures in connection therewith, the
conduct of the Grantee's business in the City, and the Electric Utility Service being provided by
Grantee in the City
SECTION IV RECORDS REPORTS, AND INSPECTIONS
(a) The Grantee shall maintain its books and records as prescribed in Section 26-249,
City Code
(b) Grantee, at Grantee's sole cost and expense and upon request by City, will
promptly provide copies of financial and operating reports filed with the Public Utility
Commission of Texas, the Federal Energy Regulatory Commission, and the Securities and
Exchange Commission, or their successor agencies, in no event later than fifteen (15) days after
the receipt of a request therefor from the City
(c) Grantee shall keep the City fully informed as to all matters in connection with or
affecting the construction, reconstruction, removal, maintenance, operation, or repair of
Grantee's facilities, including, without limitation, all accounting methods and procedures used
by Grantee in determining the franchise fee amounts to be paid the City
(d) Grantee shall provide the City, on an annual basis, a current chain -of -command
organizational chart of Grantee showing all of its officers, managers and supervisors, together
with their respective titles, addresses and telephone numbers, who have the ultimate
responsibility for managing, operating, and maintaining Grantee's Electric Utility System in the
City
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(e) The City Manager, or his designee, shall have the right, at reasonable times, to
inspect the plant, equipment, and other property of the Grantee, and its affiliates, and to examine,
audit, and obtain copies of the papers, books, accounts, documents, and other business records of
the Grantee and its affiliates, consistent with state law and in accordance with the provisions of
Section 26-249, City Code
(f) The City shall retain all of the investigative powers and other rights provided to
the City by its Charter and by state law
SSECTION V COMPENSATION TO BE PAID TO THE CITY
(a) Grantee shall pay the City an annual Franchise Fee as set forth in Section 26-242,
City Code
(b) Grantee shall furnish to City at the time each quarterly payment of franchise fee is
made to City hereunder, a sufficiently detailed financial statement showing how the Gross
Revenues amount was arrived at and how the amount paid to the City was determined, for such
quarter After Grantee implements customer choice, the information provided to the City shall
indicate the number of kilowatt hours of electricity delivered by the Grantee in the City
(c) Within ninety (90) days after the effective date of this Franchise, Grantee shall
provide information to the City
(i) documenting the total number of kilowatt hours of electricity
delivered by Grantee in calendar year 1998 to all of Grantee's
retail customers whose consuming facilities' points of delivery
were located within the City's boundaries, and
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(u) documenting Grantee's Gross Revenues (as defined in Section 26-
240, City Code) in calendar year 1998 derived from the provision
of Electric Utility Service within the City's boundaries
(d) The City shall compute the franchise fee that Grantee would have paid to the City
in calendar year 1998 at the rate of 4% of Grantee's Gross Revenues for 1998, as determined in
paragraph (c) above, and shall notify Grantee of the results of City's computation Grantee
agrees that the result of such computation is the amount due to the City for calendar year 1998,
in accordance with the provisions of §33 008, PURA Grantee agrees that City will use this
amount to calculate Grantee's franchise fee per kilowatt hour, in accordance with §33 008,
PURA By October 1, 2001, the City shall notify Grantee of the amount of the franchise fee set
forth in number of dollars per kilowatt hour Grantee agrees that such calculation is appropriate
and waives any right it may have to challenge or otherwise contest the calculation of the
franchise fee
(e) Grantee shall pay the kilowatt hour -based franchise fee instead of the franchise
fee based upon Grantee's Gross Revenues, commencing with service rendered by Grantee on and
after January 1, 2002, or commencing with service rendered by Grantee on and after the first day
of the first month following the effective date of Grantee's implementation of customer choice,
whichever is later
SECTION VI FRANCHISE AND OTHER VIOLATIONS
Upon evidence being received by the governing body of the City that a violation of this
Franchise Ordinance, or a City Charter provision, or an ordinance of the City lawfully regulating
Grantee in the furnishing of service hereunder is occurring, or has occurred, it shall at once cause
an investigation to be made by the City Manager or his designee Notice, penalties, and
procedures for ensuring compliance with this franchise shall be as provided in Sections 26-240,
et seq , City Code
SECTION VII NOTICES
(a) All notices, including communications and statements that are required or
permitted under the terms of this Franchise, shall be in writing Service of a notice shall be
accomplished by hand -delivery, by registered or certified mail, return receipt requested (postage
prepaid), or by reputable overnight delivery service All notices shall be effective upon the
receipt of notice by the intended recipient
(b) All notices shall be sent to the City and Grantee at the following addresses
CITY OF DENTON, TEXAS
City Manager
City of Denton
215 E McKinney
Denton, Texas 76201
DENTON ELECTRIC COOPERATIVE, INC
d/b/a CoSery Electric
c/o Curtis Trivitt, P E
Director of Engineering and Operations
3501 FM 2181
Corinth, Texas 76205
(c) The City and Grantee, from time to time, may designate a new address and/or
another designated officer for purposes of providing notice hereunder, by written notice to the
other party given as provided herein
SECTION VIII CONFORMITY TO THE CONSTITUTION, STATUTES, CHARTER
AND CPTY CODE OF ORDINANCES
This Franchise is granted subject to all applicable provisions of the Constitution and laws
of the State of Texas, the Charter of the City of Denton, Texas, and the Denton Code of
Ordinances, together with any and all rules and regulations adopted thereunder This Franchise
shall in no way affect, abridge, or impair the rights, obligations, or remedies of the parties
provided for by the Public Utility Regulatory Act of Texas, as amended
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SECTION X GOVERNING LAW AND VENUE
(a) This Franchise shall be governed by and construed in accordance with the laws of
the State of Texas and the City Charter of the City of Denton, Texas
(b) Venue respecting any dispute arising hereunder shall exclusively lie in Denton
County, Texas
(c) For purposes of construction, this Franchise shall be construed as having been
negotiated at arm's length and drafted by the combined efforts of the City and Grantee and their
respective legal counsel
SECTION X INDEMNIFICATION
Grantee shall defend, indemnify and save whole and harmless the City and all of its
officers, officials, agents, employees and attorneys, against any and all claims, lawsuits,
judgments, costs and expenses for personal injury (including death), property damage or other
harm for which recovery of damages is sought, suffered by any person or persons that may be
occasioned by, or arise out of, Grantee's breach of any of the terms or provisions of this
Franchise or of Sections 26-240, et seq , City Code, or by any negligent or strictly liable act, or
omission by Grantee, its officers, agents, employees, subcontractors, affiliates and subsidiaries,
in the construction, maintenance, operation, or repair of Grantee's Electric Utility System, or by
the conduct of Grantee's business in the City pursuant to this Franchise, except that the
indemnity provided for in this paragraph shall not apply to any liability resulting from the sole
negligence or fault of the City, its officers, officials, agents, employees, or separate contractors
In the event of joint and concurrent negligence or fault of both of the Grantee and the City,
responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the
laws of the State of Texas without, however, waiving any governmental immunity defense or
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provision available to the City under applicable Texas law, and without waiving any of the
defenses of the parties under applicable Texas law It is understood that it is not the intention of
the parties hereto to create liability for the benefit of any third parties, but that this Franchise
shall be solely for the benefit of the City and Grantee, and shall not create or grant any rights,
contractual or otherwise, to any other person or entity
SECTION XI NON-EXCLUSIVE FRANCHISE
The Franchise granted by this Ordinance is not exclusive Nothing contained herein shall
be construed so as to prevent the City from granting other like or similar rights, privileges, and
franchises to any other person, firm, corporation, or public utility
SECTION XII EFFECTIVE DATE. ACCEPTANCE
This ordinance shall take effect immediately from and after its passage, publication,
acceptance by Grantee in accordance with the provisions of the Charter of the City of Denton,
Texas, and after Grantee deposits its surety bond with the City Finance Director, as required by
Section 26-244, and it is accordingly SO ORDAINED Under the terms of the Letter
Agreement, Grantee's obligations with regard to payment of compensation hereunder shall have
an effective date of May 17, 1999, and Grantee's first payment of franchise fees for the period of
May 17, 1999 through September 30, 1999, shall be due upon Grantee's acceptance hereof The
Franchise granted herein shall continue for a term of ten (10) years from the effective date
SECTION XIII OPEN MEETING
It is hereby officially found and determined that the meetings at which this ordinance was
passed were open to the public as required by law, and that public notice of the time, place and
purpose of said meetings was given as required by law
0
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
JAC LLER, MAYOR
The City of Denton, Texas, acting herein
by its duly constituted autho�rih�s,
hereby
s the foregoing Ordinance passed on
first reading on the
day
of
prrtber 1999, and passed on
second reading on the
day
of
6 1999, and passed on third reading on the
day
of
1999, and bei= finally effective as of the �_
day
of
unrri +W+'goo. / \
/1 .C) ,
Jack NWer, Mayor
Mike Cochran, Council Member
Durran—ce, Council Member P Sandy Kristoferson, Coun 1 Member
Carl G Young, Sr,
uncil Men1ber
The above and foregoing ordinance read, adopted on first reading and passed to second reading
by the following votes, this the and day of Aloyy, GAtr 1999, at a regular
session of the City Council
Jack Miller, Mayor, voting
Mark Burroughs, Council Member, voting
Rom Beasley, Council Member, voting &at
10
Mike Cochran, Council Member, voting ��� PreSea� for �ate�
Neil Durrance, Council Member, voting j24(P,—
Sandy Kristoferson, Council Member, voting a#e_
Carl G Young, Sr, Council Member, voting ad
'f e
The above and foregoing ordinance re d, adopted on second reading and passed to third reading
by the following votes, this the le-4 day of It/OV@/j16@r 1999, at a regular
session of the City Council
Jack Miller, Mayor, voting
Mark Burroughs, Council Member, voting
Rom Beasley, Council Member, voting dtle
Mike Cochran, Council Member, voting --,aVe
Neil Durrance, Council Member, voting ✓a ue
Sandy Kristoferson, Council Member, votin✓g
Carl G Young, Sr, Council Member, voting
The above and foregping ordinance read, adopted on third reading and passed by the following
votes, this the l— day of \.D,Qmy /r 1999, at a regular session of the
City Council
Jack Miller, Mayor, voting (R0t pre69e )10Y Von)
Mark Burroughs, Council Member, voting_
Rom Beasley, Council Member, voting Q (le -
Mike Cochran, Council Member, voting /( i_
Neil Durrance, Council Member, voting 1
Sandy Kristoferson, Council Member, voting
Carl G Young, Sr, Council Member, voting J
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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 Franchise Agreement Ordinance between
the City of Denton and Denton County Electric Cooperative, Inc , doing business as CoSery
Electric The same is now recorded as Ordinance Number in the Ordinance
Records of the City of Denton, Texas
WITNESS MY HAND this the 14 day of 9 �'� 1999
(SEAL)
12
JAnifer Walters, City Secretary
ACCEPTANCE
WHEREAS, the City Council of the City of Denton, Texas, did on the 7th day of
December , 1999, enact an Ordinance entitled
AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC
DOING BUSINESS AS COSERV ELECTRIC A FRANCHISE FOR THE PURPOSE OF
CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN
THE CITY OF DENTON, REGULATING THE CONSTRUCTION WORK DONE BY THE
GRANTEE IN THE CITY, PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE -
MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO
ADMINISTRATION OF THIS FRANCHISE, PROVIDING FOR ENFORCEMENT OF THE
FRANCHISE, PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE
GRANTEE FOR THE FRANCHISE PRIVILEGE, SETTING FORTH THE TERM OF THE
FRANCHISE, PROVIDING FOR A SEVERABILITY PROVISION, PROVIDING FOR
ACCEPTANCE OF THE FRANCHISE BY GRANTEE, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, said Ordinance was on the 7th day of December 1999, duly
approved and subscribed by the Mayor of said City, and the seal of said City was thereto affixed
and attested to by the City Secretary,
NOW, THEREFORE, Denton County Electric Cooperative, Inc, doing business as
CoSery Electric, hereby in all respects ACCEPTS, APPROVES AND AGREES TO said
Ordinance, and the same shall constitute and be a binding contractual obligation of Denton
County Electric Cooperative, Inc, doing business as CoSery Electric, and of the City, without
waiver of any other remedy by Denton County Electric Cooperative, Inc, doing business as
CoSery Electric, or the City, and Denton County Electric Cooperative, Inc, doing business as
CoSery Electric, does hereby file this, its written acceptance, with the City Secretary of the City
of Denton, Texas, in her office.
DATED this the 5th day of January , 2000
DENTON COUNTY ELECTRIC COOPERATIVE, INC,
doing business as COSERV ELECTRIC
By��+�1/
ATTEST
Not Required
1060\08\991109 CoSery franchise 13
ACCEPTANCE FILED in the Office of the City Secretary of the City of Denton, Texas, this the
5th day of January 2000
14,
NOM-1
14
CoSery
• ewv
3501 FM 2181
Corinth, Texas 76205
'�-
Metro 817-430-1195
FAX 940-497-6525
An Affiliate of Denton County Electne
800-274-4014
January 5, 2000
Mr Michael S Copeland
Assistant City Attorney
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mr Copeland
AL4ZUUTwlniLJJ
JAN 0 6 2000
CITY OF DENTON
LEGAL DEPT
As required by the City of Denton Charter, enclosed are the electric franchise ordinance
(Ordinance No 99-472) between the City of Denton and CoSery Electric and two original
counterparts of the Acceptance executed by CoSery Also, as you requested, CoSery confirms
that it will pay the newspaper cost for publication of the text of the ordinance according to
Section 13 01 of the City of Denton Charter Please forward the invoice for these costs to my
attention
CoSery has entered into this franchise based on the understanding that franchise fees will be
calculated in the same manner as previously calculated More specifically, the franchise fees
will be calculated based on the revenues received by CoSery from the sales of electricity, net of
customer credits, to customers within the corporate limits of the City of Denton These revenues
do not include revenue billed but not received, line extension charges in the form of one-time
payments or monthly facilities charges, taxes, revenue from materials, equipment or appliance
sales, principal and/or interest payments on amounts loaned by CoServ, or miscellaneous fees
such as connect or disconnect fees, deposits, returned check fees, meter test fees, new account
fees, delinquent charges, tampering charges, and membership fees No franchise fees on these
excluded revenues are included in our electric rates nor surcharged to City of Denton customers
The foregoing is consistent with the franchise fee calculations in all of the other cities in which
we service electric customers
During our negotiation of the recently adopted Ordinance No 99-373, the City of Denton
originally requested language that included some of these excluded revenues in the definition of
"Gross Revenues" CoSery objected to that language and it was deleted prior to the adoption of
such ordinance Therefore, we read Ordinance No 99-373 to be consistent with our
understanding as to the calculation of franchise fees as described in the prior paragraph of this
letter If the City of Denton disagrees, please so notify me within seven days from the receipt of
this letter Otherwise, please return one fully executed original of the franchise ordinance to me
Also, CoSery requests that Section VII(b) of the franchise ordinance be revised to show the
following notice information for CoSery
DENTON COUNTY ELECTRIC COOPERATIVE, INC
d/b/a CoSery Electnc
c/o Curtis Trivitt, P E
Senior Vice President — Energy Services
7701 S Stemmons Freeway
Corinth, Texas 75065
If the ordinance cannot be so revised, please allow this letter to serve as notice pursuant to
Section VII(c) of the franchise ordinance of the new notice address for CoSery
Please call if you have any questions
Sincerely,
Curtis Tnvitt, P E
Senior Vice President - Energy Services
U City Attorneys Office
Cary of Denton, Texas
215 East McKinney
Denton, Texas 76201
(940) 349-8333
CITY OF DENTON, TEXAS Fax (940) 382-7923
February 17, 2000 [BY TELECOPY (940) 497-6525]
Curtis Trivitt, P E
Senior Vice President — Energy Services
CoSery Electric
7701 South Stemmons Freeway
Corinth, Texas 75065
Re Acceptance and Filing of City of Denton/CoSery Electric Franchise Ordinance
Ordinance No 99-472
Publication of Franchise Ordinance in the Denton Record Chronicle
Response to CoSery Electric Letter of January 5, 2000
Dear Mr Trivitt
Congratulations on your promotion to Senior Vice President — Energy Services at CoSery Elec-
tric'
I confirm receipt of your letter dated January 5, 2000 regarding CoServ's acceptance of the
above electric franchise ordinance, and am regarding January 5, 2000 as CoServ's acceptance
date of the above -referenced ordinance, per our telephone discussion of this morning With your
permission, I have inserted January 5, 2000 as the date in the "Acceptance" page of the ordi-
nance previously signed in duplicate by Mr McGinnis
I have noted your comments and statements expressed in paragraphs 2 and 3 of your January 5,
2000 letter to me regarding CoServ's understanding and belief that the franchise fees will be cal-
culated as stated therein and in accordance with the Electric right-of-way and regulatory ordi-
nance recently passed by the City Council as Ordinance No 99-373 in October 1999 I have dis-
cussed these points with Sharon Mays, Director, DME, and we do not disagree with you on the
points made
Simply stated, the provisions of Sections I and V (a) of Ordinance No 99-472 mean what they
say, and the "gross revenues" requirement is found in Section 26-242 of the Denton Code of Or-
dinances, and the definition of "gross revenues" and "electric utility service" are applicable as set
forth in Section 26-240, subsections (f) and (d), respectively
This is also to confirm that the City's electric right-of-way regulatory ordinance, being Ordi-
nance No 99-373 was recently re-enacted by the Council on February 1, 2000 as Ordinance No
2000-041 The re-enacted ordinance makes no substantive changes to the previous ordinance,
and was done to rectify and make several technical corrections to Ordinance No 99-373 I will
send you a true and correct copy of the new electric right-of-way regulatory ordinance at the time
that I transmit a conformed original of the franchise ordinance to you
"Dedicated to Quality Sercrc,"
Curtis Trivet P E
February 17, 2000
Page 2
I have attached Mr McGinnis' two identical Acceptance pages to both original ordinances and
have filed them with the City Secretary on this date Also, as I discussed with you during our
phone call earlier today, I have taken the liberty, with your permission, to correct the page refer-
ences at the bottom of each page of the ordinance to reflect the correct page numbers Once I
have received CoServ's original conformed ordinance back from the City Secretary, I will
transmit it to you immediately I understand from our telephone conversation, that upon your
receipt of the ordinance, that you will transmit to the City the first check in payment of franchise
fees provided for under said ordinance
The three steps referenced in my letter to you dated December 13, 1999 that are required by the
City's Charter, Article XIII, Sec 13 01[c] (and restated below) to make the franclse ordinance
effective, have now occurred, and the electric franchise ordinance is now effective, as of January
5, 2000
1 Thirty (30) days have passed after final passage of the franchise ordinance on December 7,
1999, and
2 The Rill text of the ordinance has been published once each week for three (3) consecutive
weeks (on December 20, 1999, December 27, 1999, and on January 3, 2000 in the Denton
Reco d Chronicle. the official newspaper published in the City of Denton) and I understand
that CoSery Electric has received confirmation of such publication, and notice of the balance
due, directly from the Denton Record Chronicle and that CoSery will process this item for
payment, and
3 The franchise ordinance has been accepted in writing by Mr McGinnis, a duly-authonzed
officer of CoSery Electric, and has thereafter been filed by me, with the City Secretary
This is also to confirm that the City has noted in page 2 of your letter of January 5, 2000, that
certain notice information needs to be changed I have provided the City Secretary's office with
a copy of your letter herewith, with instructions to note that the information respecting notice to
CoSery Electric has changed effective as of January 5, 2000, as permitted by Section VII (b) of
the electric franchise ordinance, being Ordinance No 99-472 We believe that allowing your
letter to serve as notice of the change is far more efficient than revising or re-enacting the ordi-
nance
We are pleased that this franchise ordinance is now a reality between the City and CoSery Elec-
tric, and appreciate your cooperation in this process Should you have any questions or com-
ments regarding this matter, please call me at (940) 349-8158, or Ms Jane Richardson, Assistant
City Secretary, at (940) 349-8304
Sincerely,
/7�
Michael S C elan
Assistant City Attorney
MSC me
Enclosure
Curtis Trivet P E
February 17,2000
Page 3
cc Michael W Jez, City Manager
Herbert L Prouty, City Attorney
Kathy DuBose, Assistant City Manager for Finance
Howard Martin, Assistant City Manager for Utilities
'baron Mays, Director, DME
mane Richardson, Assistant City Secretary (w/copy of January 5, 2000 CoSery Electric
letter)
S \Our Documents\Comspondence\Letters\00\Electnc Franchise Ord re CoSery Lttr Acceptance doe
STATE OF TEXAS §
COUNTY OF DENTON §
AGREEMENT PERTAINING TO THE MUNICIPAL BOUNDARIES OF THE CITY OF
DENTON, TEXAS AS THEY EXISTED ON FEBRUARY 1, 1999
THIS AG)2FEMENT is made and entered into as of the 15 day of
`7� V,,AAPA , 1999, by and between the City of Denton, Texas, a Texas
Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas
76201 (hereafter "Denton"), and Denton County Electric Cooperative, Inc, doing business as
CoSery Electric, with its principal offices at 7701 South Stemmons, Corinth, Texas 75065
(hereafter "CoServ"), the parties acting herein, by and through their respective duly -authorized
officials and representatives
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually AGREE as follows
1 This Agreement pertains solely to the parties hereto agreeing that the Map attached
hereto, signed and dated by representatives of both of the parties hereto, accurately
depicts and represents the corporate limits of the City of Denton, Texas as they existed on
February 1, 1999 This Agreement pertains to no other matters
2 Denton and CoServ, in the interests of comity, as well as to avoid needless expense and
delay, have entered into this Agreement
3 Denton, at CoServ's specific instance and request, has prepared a "Supporting Affidavit"
which is attached hereto and incorporated herewith by reference, which sets forth the
manner in which the attached map was prepared by Denton city staff in the ordinary
course of business with personal knowledge of the pertinent facts CoSery has
communicated to Denton, that because of the nature of the preparation of the Map
attached hereto, as well as the nature of the annexation information included in the
preparation of the Map, that it intends to place significant reliance upon the Map in
entering into this Agreement with Denton Denton agrees that CoSery may rely on the
attached Map, and states that city staff carefully prepared the Map Denton has
communicated to CoSery that CoSery is welcome to make its own determination of the
City limits of Denton as of February 1, 1999, and that Denton will make its maps, records
and pertinent city staff available to CoServ, should it desire to make its own
determination, which course of action Denton recommends
4 The parties, each by their respective duly -authorized representative, by subscribing this
Agreement declare and agree they have carefully reviewed and examined the attached
Map, that they have each signed and dated the attached Map, and that said Map
accurately depicts and represents the corporate limits of the City of Denton, Texas as they
existed on February 1, 1999
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in
two (2) original counterparts, by and through its duly authorized City Manager, and CoSery has
executed this AgreeLMnqnt by and throw h its duly -authorized undersigned officer, on this the
day of 1999
"DENTON"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
UZ
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By JjA
"COSERV"
DENTON COUNTY ELECTRIC
COOPERATIVE, INC, a Corporation,
doing business as COSERV ELECTRIC
Bill McGinnis
Chief Executive Officer
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:A
APPROVED AS TO LEGAL FORM
I�
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THE STATE OF TEXAS §
COUNTY OF DENTON §
SUPPORTING AFFIDAVIT
BEFORE ME, the undersigned Notary Public in and for the State of Texas,
appeared GLENN FISHER, who after being duly sworn by me, stated upon his oath the
following
1 I am over the age of eighteen (18) years and am competent to make this
Supporting Affidavit
2 I am employed by the City of Denton, Texas My title and position is that of
"Utility Service Coordinator" with Denton Municipal Electric My business
address is 901-A Texas Street, Denton, Texas 76201
3 I have personal knowledge of the facts stated herein
4 I oversaw preparation of the Map of the City of Denton's Municipal City Limits
as of February 1, 1999, which is attached to the "Agreement Pertaining To The
Municipal Boundaries of the City of Denton, Texas As They Existed on February
1, 1999," ("Boundary Agreement") and I have carefully examined and reviewed
the same
5 In the course of my work for the City, I am familiar with the present Public
Utilities Commission electric utility certification map concerning the City of
Denton, Texas, and those areas within the City of Denton which are singly,
doubly, and triply -certificated as to the provision of electric service to residents of
the City
6 In preparing the Map, I communicated with several employees of the City of
Denton's Planning Department in order to determine those annexations and
disannexations which have recently occurred, so that the Map prepared would not
reflect any annexations or disannexations taking place in the City after February
1, 1999
7 The City keeps a current map of its city limits in the regular course of business,
and it is in the regular course of business that the City keeps and maintains such
map Changes or revisions to that map are made, as annexations occur, by city
employees with personal knowledge of the facts involved The city limits map is
periodically updated at the time, or shortly after the time the City annexes or
disannexes an area
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8 The map of the city limits which I oversaw the preparation of, reflects the city
limits of the City of Denton, Texas and was created under my supervision and
control, by taking the current city map of Denton, Texas, and then removing all
annexations and disannexations that took place after February 1, 1999
E
I have carefully reviewed the Map and state, to the best of my knowledge and
belief, that the Map attached to the Boundary Agreement correctly and accurately
depicts and represents the city limits of the City of Denton, Texas on February 1,
1999
FURTHER AFFIANT SAITH NOT
SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned N tary Public
in iA! r th Sta�exas, by GLENN FISHER on this the day of
'1999
[SEAL]
Notary Public in and for the State of
Texas
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