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