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