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1997-277AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL ONE YEAR 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 Utfl~tAas Electric Company (hereinafter called "Company") ~s engaged m the business of providing electric utflAty service w~thm the CAty of Denton (hereAnafter called "C~ty") and As using the pubhc streets, alleys, grounds, and rights-of-ways w~thm the C~ty for that purpose under the terms of an Agreement, approved by Ordinance Number 87-186 duly passed on October 20, 1987, and thereafmr amended by Amendment Number One to the Agreement Between the C~ty of Denton and Texas Unhtms Electric Company, approved by Ordinance No 93-133 duly passed on July 27, 1993, and WHEREAS, the C~ty and Company das~re to amend sa~d Agreement as amended by sa~d Amendment Number One to extend the term of sa~d Agreement for an additional one year period, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the Mayor ~s hereby authorized to execute Amendment Number Two to the Agreement between the C~ty of Denton and Texas Unhtms Electric Company for the use of C~ty streets, whmh m attached hereto as an Exhibit "A" and incorporated by reference hereAn SI~CTION II That ~t ~s officmlly found and determAned that the meetings at which th~s ordinance ~s passed are open to the public as reqmred by law and a pubhc nouce of the nme, place, and purpose of sa~d meetings was g~ven as requmed by law SI~CTION III That the C~ty Secretary ~s 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 second t~me w~th the adopnon ofth~s ordinance SECTION IV That th~s ordinance shall take effect ~mmedmtely from and after tts passage, pubheanon, and acceptance by Company m accordance with the provisions of the Charter of the C~ty of Denton, and m ae¢ordAngly so ordained SECTION V That Company shall, w~tban twanty-one (21) days after the passage ofth~s ordinance, file m the office of the C~ty Secretary of the C~ty of Denton, Texas a wnttan instrument sAgned and acknowledged by a duly authorized officer, m substannally the following form (a) To the Honorable Mayor and City Council of the City of Denton The Grantee, Texas Utflmes Electric Company, acting by and through the undersigned authorized officer, hereby accepts Ordinance No extending the term of the existing Agreement with the City of Denton TEXAS UTILITIES ELECTRIC COMPANY By Semor Vice President ATTEST Secretary Executed thts the day of ,1997 (b) The acceptance shall be duly acknowledged by the person executing the same In the evem the acceptance ts not filed vathln the twenty-one (21) day period, thls ordinance and the rights and pnvfleges hereby granted shall terminate and become null and void (c) The City Secretary shall cause a notice of the passage oftlus ordinance fairly stating the substance hereof to be published once each week for two (2) consecutive weeks tn the offictal newspaper of the City of Denton, Texas The Company shall pay the costs of publication of such nottees PASSED AND APPROVED this the ~'--~ day of c_~~~/~- , 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY The City of Demon, Texas, acting herein by its duly constituted authontj, es, hereby dec_lares the foregoing Ordinance passed on first reading on the ~ day of ~'~z~'~r~zb~f' , 1997, and finally effective as of the ~--~ day of ~'~,d~b.~'~ ,1997 ~ ~ /~ Jack M~ Euhne Brock, Council Member  Mike Cochran, Council Member Ned Durranc~, Council Member Sandy Kns~erson, ISmlll~ M~'mbe C lO Young, The above and foregoing ordman?,~t~ad, adopted on first reading and passed to second reading by the following votes, this the ,a~ -- day of c-~ ,~9~/'J'L~'..r'- ,1997, at a regular session of the City Council Jack Miller, Mayor, voting ~ Euhne Brock, Council Member, voting Rom Beasley, Council Member, voting Mike Cochran, Council Member, voting Ned Durrance, Council Member, voting Sandy Knstoferson, Council Member, voting Carl G Young, Sr, Council Member, voting PAGE3 The above and foreaoing ordinance read, adopted on second reading and passed by the followtng votes, this the ~__A day of c~~(~ , 1997, at a regular session of the City Council Jack Miller, Mayor, voting ~ Euhne Brock, Council Member, voting ~ Rom Beasley, Council Member, voting 67.,~/~ Mike Cochran, Council Member, voting ~Z~E Neff Durrance, Counctl Member, voting 6~,2~ Sandy Knstoferson, Council Member, voting t:2~d/~' Carl G Young, St, Council Member, voting ~ STATE OF TEXAS § COUNTY OF DENTON § I, Jetmffer Walters, City 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 Two to the Agreement Between the City of Denton and Texas Utdmes Elecmc Company pertalmng to street rental, as md~cated hereto The same is now recorded as Ordinance Number ~-~7~n the Ordinance Records of the C~ty of Denton, Texas W SS .X, th,sthe r ~lters, (~ty Secretary (SE~L) PAGE4 AMENDMENT NUMBER TWO TO THE AGREEMENT BETWEEN TIlE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Unlmes Electric Company (hereinafter called "Company") ~s engaged ~n the business of pmwdmg electric ut~hty service wlttun the City of Denton (heremai~er called "City") and m 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 City 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 Utd~t~as Electric Company, approved by the City Council of the C~ty of Denton, Texas m Ordinance No 93-133, duly passed on July 27, 1993, and WHEREAS, the Agreement, as prewously amended, terunnates on September 30, 1997, and WHEREAS, the City and Company desire to amend smd Agreement, as amended by smd Amendment Number One, to extend the term of smd Agreement for an addmonal one-year period, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS SECTION 1 That Section 10 of the Agreement m hereby amended to read as follows 10 This Agreement shall terminate on September 30, 1998 SECTION 2 That in all respects, except as specifically and expressly amended by this document, the smd Agreement heretofore duly passed by the City Council of the C~ty of Denton, Texas and duly accepted by Company, and as amended by Amendment Number One to said Agreement heretofore duly passed by the City Council of the City of Denton, Texas and duly accepted by Company shall remain m full force and effect EXHIBIT "A" EXECUTED ~n dupheate original counterparts th~s the day of 1997 CITY OF DENTON, TEXAS JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPK~VED ~r AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY TEXAS UTILITIES ELECTRIC COMPANY SENIOR VICE PRF~ENT ATTEST E \DOCS~K\TU STREET RENTAL AMENDMENT Page 2