1998-259 ORDINANCE NO ~i}~ ~' ~--O~'~5~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A THIRD 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 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 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-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
WHEREAS, the City and Company desire to amend said Agreement as amended by said
Amendments Number One and Two to extend the term of said Agreement for an additional six
month period, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is hereby authorized to execute Amendment Number Three
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, an~l 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 third time with the adoption of this ordinance
SECTION IV That this ordinance shall take effect immediately from and after its
passage, ~pubhcatton, and acceptance by Company in accordance with the provisions of the
Charter of the City of Denton, and is accordingly so ordained
PAGE 1
SECTION V That Company shall, w~thln 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 Utthties Electric Company, acting by and through the
tmderslgned authorized officer, hereby accepts Ordinance No extending
the term of the existing Agreement with the City of Denton
TEXAS UTILITIES ELECTRIC COMPANY
By
Senior Vice President
ATTEST
Secretary
Executed this the day of _, 1998
(b) The acceptance shall be duly acknowledged by the person executing the
same In the event the acceptance as not filed w~thtn the twenty-one (2 l) 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 tbas 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 ofpubheatlon of such notices
PASSED AND APPROVED th,s the /~-'- day of (~.~/9~/'L/~]~'~ ,1998
JAC~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
The C~ty of Denton, Texas, acting here~n by xts duly constituted authorLtxes, hereby
declares the fQregmng Ordinance passed on first readxng on the ~ day of
('"xlj._gl.4t~pt2_ , 1998, and finally effective as of the /~--~ day of
o~a,xg/~;l~a~L~ffM.fl ,1998
J~~ ~onl B easley~Co~ember
~~M~u~ghs ~~ M~ke Cochin, Council Member
>mcfl Member S~dy ~stoferson, C~c~ember
C~I G Young, St, C~%~r '
The above ~d foregoing ord~n~cy_r~a4, adopted on~rst reading ~d passed to second rea&ng
by ~e following votes, th~s the ]~ day of ~~ ,1998, at a regul~
session of~e C~W Co~cfl O
Jack Miller, Mayor, voting ~
Rom Beasley, Co.cfi Member, voting ~
M~k Bu~oughs, Council Member, young ~
M~ke Coc~, Co.eft Member, voting ~
Neff Duo.ce, Co.cfi Member, voting ~
S~dy ~stoferson, Council Member, voting ~
C~I G Yo~g, Sr, Co.cfi Member, voting ~
PAGE 3
The above and foregojng or&nance read, adol~ted on second rea&ng and passed by the following
votes, th~s the /'~..--- day of cx~_7~L~ , 1998, at a regular session of the
City Cotmcil
Jack Miller, Mayor, voting ~
Rom Beasley, Cotmcfl Member, voting ~
Mark Burroughs, Council Member, voting ~
M~ke Cochran, Cotmcfl Member, voting ~
Neff Durrance, Council Member, voting ~
Sandy Knstoferson, Council Member, voting ~
Carl G Young, Sr, Councd Member, voting ~
STATE OF TEXAS §
COUNTY OF DENTON §
I, Jenmfer Walters, C~ty Secretary of the C~ty of Denton, Texas, do hereby certify that the
above and foregoing ~s a true and correct copy of the Amendment Number Three to the
Agreement Between the C~ty of Denton and Texas Unht~es Electric Company pertmmng to street
rental, as ~n&cated herein The same is now recorded as Or&nance Number ~n the
Ordinance Records of the C~ty of Denton, Texas
WITNESS MY HAND thls the /~-~' day of 0~7~qq~ff/~) , 1998
' Je(~fer ~lters, C~ty Secretary
(SEAL)
PAGE 4
._ _.'"tUELECTRIC'
_--- = Lone Star Oas'"
Brenda Jackson
Sr ~ce?res,dent September 16, 1998
TO THE MAYOR AND CITY COUNCIL
OF THE CITY OF DENTON, TEXAS
The understgned hereby accepts the terms of that eerttun franc[use passed and adopted by the
Ctty Council of the City of Denton, Texas, by Ordtnance 98-259 duly approved by the Mayor and
attested by the C~ty Secretary on September 1, 1998, same being, "AN OKDINANCE
AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE EXISTING
AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC
COMPANY EXTENDING THE TERM THEREFORE FOR AN ADDITIONAL SIX MONTH
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"
IN TESTIMONY WHEREOF, w~tness the corporate s~gnature of Texas Utfltttes Electric
Company by tts duly authorized officer, flus the 16a~ day of September, 1998
TEXAS UTILITIES ELECTRIC COMPANY
Sr Vtce President
Op/~u/al. acceptance, of frlmclu%e, ofwluch the foregmng Is a true copy, was filed m my office on the
/(~rl~ day o~ 1998, at -~zZ.~__ o'clock ~ m
Ctty of Denton, Texas
(CITY SEAL)
100 West Mulberry Denton Texas 76201
AMENDMENT NUMBER THREE TO THE AGREEMENT BETWEEN
THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY
WHEREAS, Texas Utilities Electric Company (heretnafter called "Company") ~s
engaged ~n the business of prowdlng electric utihty service within the C~ty of Denton
(heremaf~er called "C~ty") and is using the public streets, alleys, grounds, and rights-of-way
w~thm the City for that purpose under the terms of an Agreement, approved by the C~ty Council
of the C~ty of Denton, Texas m 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 Ut~hties Electric Company, approved by thc City Council of the C~ty of Denton,
Texas m Ordinance No 93-133, duly passed on July 27, 1993, and thereafter amended by
Amendment Number Two to the Agreement Between the C~ty of Denton and Texas Utlht~es
Electric Company, approved by the C~ty Council of the C~ty of Denton, Texas ~n Ordinance No
97-227, duly passed on September 9, 1997, and
WHEREAS, the Agreement, as prewously amended, terminates on September 30, 1998,
and
WHEREAS, the City and Company desire to amend sa~d Agreement, as amended by said
Amendments Number One and Two, to extend the term of said Agreement for an additional six
month per~od, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS
SECTION 1 That Section 10 of the Agreement is hereby amended to read as follows
10 Th~s Agreement shall terminate on March 31, 1999
S~CTION 2 That m all respects, except as specifically and expressly amended by th~s
document, the s~ud Agreement heretofore duly passed by the City Council of the City of Denton,
Texas and duly accepted by Company, and as amended by Amendments Number One and Two
to smd Agreement heretofore duly passed by the City Council of the C~ty of Denton, Texas and
duly accepted by Company shall remmn In full force and effect
EXECUTED ~n duplicate original counterparts thts the / 5-'-~ day of ~~~,,
1998
CITY OF DENTON, TEXAS
JACK~LER, MAYOR
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
TEXAS UTILITIES ELECTRIC
COMPANY
ATTEST
L\Our Bgeuments~ff~ontraets\98~Tu Street Rental Third Amend doc
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