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Home My WebLink About1999-128ORDINANCENO -Icy AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD, FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE 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 in the business of providing electric utility service within portions of 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 thereafter further amended by Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No 97-277 duly passed on September 9, 1997, and thereafter amended by Amendment Number Three to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No 98-259, duly passed on September 1, 1998, and WHEREAS, the City and Company desire to amend said Agreement as previously amended by said Amendments Number One, Two, and Three, to continue the term of said Agreement by extending same for an additional six (6) month period, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SSECTION I That the Mayor is hereby authorized to execute "Amendment Number Four to the Agreement between the City of Denton and Texas Utilities Electric Company" for the use of City streets, which is attached hereto as Exhibit "A" and incorporated by reference herewith 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 fourth time with the adoption of this ordinance PAGE 1 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, to wit (a) To the Honorable Mayor and City Council of the City of Denton The Grantee, Texas Utilities Electric Company, acting �b and through the undersigned authorized officer, hereby accepts Ordinance No `1qL�� extending the term of the existing Agreement with the City of Denton TEXAS UTILITIES ELECTRIC COMPANY By YJ Senior Vice President ATTEST Executed this the %day of a4bAx _,1999 (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 PASSED AND APPROVED this the /,/� ` day of a4AC.p" , 1999 JA ILLER, MAYOR PAGE ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY�YI..° Ai °—-- The City of Denton, Texas, acting herein s the foregoing Ordinance passed on 1999, and finally >nAw tl .1999 "Neil Durrance, Council Member Carl G Young, Sr Council M tuber by its duly constituted first reading on the effective as of the authont1 , hereby day of day of Rom Beasley, Counci ember / ' , % U,&,f 11, Mike Cochran, Council Member ' Sandy Knstoferson, Coun l Member The above and foregoing ordinance re , adopted on first reading and passed to second reading by the following votes, this theday of ;?2!.AA<f 1999, at a regular session of the City Council Jack Miller, Mayor, voting Rom Beasley, Council Member, voting_ Mark Burroughs, Council Member, voting_ PAGE Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting Sandy Knstoferson, Council Member, voting 040-1 Carl G Young, Sr, Council Member, voting The above and for gging ordinance read, adopted on second reading and passed by the following votes, this the 'i"� day of 1999, at a regular session of the City Council Jack Miller, Mayor, voting Rom Beasley, Council Member, voting Mark Burroughs, Council Member, voting Mike Cochran, Council Member, voting Oluz Neil Durrance, Council Member, voting Sandy Knstoferson, Council Member, voting Carl G Young, Sr, Council Member, voting 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 Four to the Agreement Between the City of Denton and Texas Utilities Electric Company pert/ ning to street rental, as indicated herein The same is now recorded as Ordinance Number 7M in the Ordinance Records of the City of Denton, Texas WITNESS MY HAND this the � day of 1999 (SEAL) S \Our Documents\Ordmanms\99\TUECFourth Amendment doe PAGE 4 AMENDMENT NUMBER FOUR 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 portions of 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 thereafter amended by Amendment Number Two 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 97-227, duly passed on September 9, 1997, and thereafter amended by Amendment Number Three 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 98-259, duly passed on September 1, 1998 WHEREAS, the Agreement, as previously amended, terminates on March 31, 1999, and WHEREAS, the City and Company desire to amend said Agreement, as amended by said Amendments Number One, Two, and Three, to extend the term of said Agreement for an additional six (6) month period, and to keep said Agreement in continuous force and effect, 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, 1999 SECTION 2 That in all respects, except as specifically and expressly amended by this document, the said Agreement heretofore duly passed and approved by the City Council of the City of Denton, Texas and duly accepted by Company, and as amended by Amendments Number One, Two, and Three to said Agreement heretofore duly passed and approved by the City Council of the City of Denton, Texas and duly accepted by Company, shall remain and continue in full force and effect, without lapse, for all purposes pertinent EXECUTED in duplicate original counterparts this the day of 1999 or CITY OF DENTON, TEXAS r��MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 40,.)�Qj By Page 2 TEXAS UTILITIES ELECTRIC COMPANY By SENIOR VICE PRE ENT ATTEST By S \Our Documents\Contracts\99\TUECStreet Rental Agmrt- 4th Amend doe Page 3