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1998-402AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPOINTING SHARON MAYS TO ACT AS THE DESIGNATED REPRESENTATIVE AND GUY PHIL RENNAKER TO ACT AS THE ALTERNATE DESIGNATED REPRESENTATIVE FOR THE CITY OF DENTON, TEXAS, IN ORDER TO EFFECTUATE THE REQUIREMENTS OF FEDERAL REGULATIONS AND LAWS RELATING TO THE "ACID RAIN PROGRAM" UNDER THE 1990 AMENDMENTS TO THE FEDERAL CLEAN AIR ACT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE DESIGNATED REPRESENTATIVE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Federal regulations and laws relating to the "Ac~d Rain Program" under the 1990 amendments to the Federal Clean A~r Act (40 CFR part 72, 42 U S C 7401, et seq ) mandate the designation of a Designated Representative and authorize the designation of an Alternate Designated Representative to act on the City's behalf in complying w~th the apphcable Federal permitting and regulatory provisions, and WHEREAS, heretofore the C~ty Council enacted Ordinance No 94-197 on October 18, 1994, which appointed J~m Harder, Director of Electric Utthtles, as the C~ty's Designated Representative, and J~m Thune, Electric Production Manager, as the City's Alternate Designated Representative, to act on the City's behalf m complying with the applicable Federal permitting and regulatory provisions In connection with smd or&nance, the City, Jam Harder and Jim Thune entered into a "Designated Representative Agreement" on October 18, 1994 evidencing the designation of representatives, the responslbiht~es of the respective part~es, and which Agreement provided indemnification to the Designated Representative and Alternate Designated Representative regar&ng personal habllity arising ~n their respective representative capacities, and WHEREAS, Jim Harder and Jim Thune are no longer employed by the City, and it is necessary, In order to comply w~th the law, to appoint a replacement Designated Representative as well as an Alternate Designated Representative to serve as the City's representatives respecting to the above Federal regulations and laws, and the City accordingly desires to hereby terminate the appointments of Jam Harder as Designated Representative and Jim Thune as Alternate Das~gnated Representative, and WHEREAS, after careful conslderat~on, the C~ty of Denton, Texas beheves that Sharon Mays, Director, Denton Mtm~c~pal Electric, and Guy Phil Rennaker, Spencer Generation Plant Manager, Denton Mtmlcipal Electric, are the most quahfied individuals to assume the respons~bihties as Designated Representative and Alternate Designated Representative, respectively, on behalf of the C~ty, and WHEREAS, these positions are posmons of extraordinary importance and responsibility, and carry v~th them the burdens of, and potential for, civil habiht~es as well as c~wl and criminal sanctions, ~n the event said Federal regulations or laws are wolated by the City, and WHEREAS, the C~ty Council beheves that to the extent specffied ~n the Designated Representatxve Agreement attached hereto as Exhibit "A", ~t ~s necessary and approprmte for the C~ty to assume responsxbfl~ty, through mdemmficat~on, for any such cxwl habdxty or sanctton, unless such mwl habfl~ty or sanctxon results from personal dxshonesty, from fraud, or from a willful, wanton, or criminal act of the Desxgnated Representative, or the Alternate Designated Representatxve, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Cxty of Denton, Texas hereby appmnts Sharon Mays as the Designated Representative, and Guy Phil Rennaker as the Alternate Designated Representative for the purpose of effectuating the reqmrements of the apphcable Federal regulations and laws relating to the "Ac~d Rain Program" under the 1990 amendments to the Federal Clean Air Act, as same may be amended from nme to time SECTION II That the C~ty Manager ~s hereby authorized to execute on behalf of the C~ty of Denton, the Designated Representative Agreement w~th Sharon Mays and Guy Phil Reunaker, whxch Agreement ~s attached hereto and incorporated herewxth by reference as Exhxbxt "A" SECTION III That th~s ordxnance shall become effective ~mmedlately upon its passage and approval PASSEDAND APPROVED thls the /7~ dayof ~ ,1998 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances\98\DeslgnatcdRepresentatlve Ord doc STATE OF TEXAS § COUNTY OF DENTON § DESIGNATED REPRESENTATIVE AGREEMENT ,/ THIS AGREEMENT is made, effective as of the ~_~day of ~ , 1998, by and between and among the City of Denton, Texas ("CITY"), the owner and operator of the hereinafter named affected sources, Sharon Mays, Director, Denton Municipal Electric ("MAYS"), and Guy Phil Reunaker, Spencer Generation Plant Manager, Denton Mumclpal Eleeme ("RENNAKER") WITNESSETH WHEREAS, the CITY is sole owner and operator of the hereinafter enumerated affected sources and units, such sources and un,ts being subject to regulation under the Federal Acid Rain Program (40 C F R, Part 72, as currently codified and hereafter amended), a program instituted pursuant to Title IV of the 1990 amendments to the Federal Clean A~r Act (42 U S C 7401, et seq as currently codified and as hereafter amended), and WHEREAS, the affected sources of the CITY, and its respective affected units, are as follows Spencer Steam Plant, Units 4 and 5, and WHEREAS, Sharon Mays is employed by the CITY as its Director, Denton Mumclpal Electric, and WHEREAS, Guy Ptul Refmaker is employed by the CITY as ~ts Spencer Generation Plant Manager, Denton Municipal Electric, NOW THEREFORE, in consideration of the premises, the covenants hereinafter set forth, and other good and valuable consideration, the receipt of wbach ~s hereby acknowledged, the parties hereto do hereby AGREE as follows I DESIGNATED REPRESENTATIVE Pursuant to the Federal Clean Air Act, as amended, the CITY hereby appoints Sharon Mays as its Designated Representative for the CITY affected sources MAYS hereby agrees to act as the CITY's Designated Representative for the CITY affected sources II DUTIES OF THE DESIGNATED REPRESENTATIVE The CITY authorizes MAYS to fulfill the duties placed on the CITY's Designated Representative as such duues are defined in the Clean Air Act, as amended, and the ~mplementlng regulations promulgated thereunder by Federal and State Agencies, ~nclud~ng those federal regulations found at 40 CFR Secuon 72 20 et seq MAYS agrees to perform those duties Designated Representative Contract - Page I III ALTERNATE DESIGNATED REPRESENTATIVE Pursuant to the Federal Clean Air Act, as amended, CITY hereby appoints RENNAKER to act as CITY's Alternate Designated Representative for the CITY affected sources RENNAKER hereby agrees to act as the CITY's Alternate Designated Representative IV DUTIES OF THE ALTERNATE DESIGNATED REPRESENTATIVE The CITY authorizes RENNAKER to fulfill the duties placed on the CITY's Alternate Designated Representative, as such duties are defined m the Federal Clean Air Act, as amended, and implementing regulations promulgated thereunder by Federal and State agencies, including those federal regulations found at 40 CFR Section 72 20 et seq RENNAKER agrees to perform those dutaes V PROCEDURE FOR THE ALTERNATE DESIGNATED REPRESENTATIVE TO ACT IN LIEU OF THE DESIGNATED REPRESENTATIVE CITY hereby authorizes MAYS to notify RENNAKER either orally or in writing when she Is unable to fulfill her duties as set forth in Section II for any reason, including, w~thout limitation, sickness, vacations, or business travel Upon receipt of such notice, RENNAKER shall fulfill MAYS' Section II duties until such time as MAYS notifies RENNAKER (either orally or in writing) that she is able to resume her Sectmn II duties If MAYS becomes suddenly incapacitated and is unable to provide the notice reqmred by this Section, then (a) CITY authorizes RENNAKER to assume MAYS' Section II duties, and (b) RENNAKER will either orally or in wmmg notify MAYS of his acUon, and (e) RENNAKER will continue to perform MAYS' Section II dutaes until such time as MAYS notifies RENNAKER (either orally or in wrmng) that she is able to resume her Section II duties VI CERTIFICATE OF REPRESENTATION ~ITY authorizes MAYS and RENNAKER to submit a Certificate of Representation as provided by 40 CFR Section 72 24, and any other apphcable regulation CITY further agrees to be bound by the certifications made by MAYS and RENNAKER in the submitted Certificate of Representation MAYS and RENNAKER agree to promptly execute and file the Certificate of Representation It is acknowledged that, pursuant to 40 CFR Section 70 20(b), upon receipt by the Admlmstrator of the Environmental Protection Agency of a complete Certificate of Representation, the CITY Designated Representative, or as the case may be, the Alternate Deslgnalled Representative, shall represent and, by his or her acnons, inactions, or submissions, legally bind the CITY in all matters pertalmng to the Federal Ac~d Rain Program and such Designated Representative Conlract - Page 2 affected sources and units CITY shall be bound by any order Issued to the Designated Representative by the Admlmstrator, the permitting authority, or by a court of competent junsdlctlon VII LIABILITY AND INDEMNIFICATION OF REPRESENTATIVES To the extent allowed by law, the CITY agrees to mdenmlfy and hold harmless MAYS and RENNAKER respecting any personal hablhty that they may incur in their capacities as Designated Representative and Alternate Designated Representative, respectively Such hold harmless agreement and lndemmficatlon does not extend to llablhty that results from personal dishonesty, from fraud, or from willful, wanton, or criminal acts VIII BINDING EFFECT This Agreement IS binding upon the CITY in Its capacity as the owner and operator of the CITY affected sources and units of those sources IX TERMINATION This Agreement may be terminated by any party hereto at any time by giving notice of such termination in wrltlng to the other parties IN WITNESS WHEREOF, the City of Denton, Texas, has caused flus Agreement to be executed in three original counterparts, by and through its duly-anthonzed C~ty Manager, and MAYS and RENNAKER have each executed thlls~Agreement al evldencecl by their respective signatures set forth herelnbelow, on this the / ~ day of ~~ ,1998 CITY OF DENTON SHARON MAYS DIRECTOR, DENTON MUNICIPAL ELECTRIC DESIGNATED REPRESENTATIVE Designated RepresentaUve Contract - Page 3 DENTON MUNICIPAL ELECTRIC ALTERNATE DESIGNATED REPRESENTATIVE ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY \\CH LGL\VOLI~SHARED\DEPT~LGL\Our Documents\Contraets\98~Des~gnatedR.epresentat~ve Contract doe Designated Representative Contract - Page 4