1994-197 desigrep.ord
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPOINTING JIM HARDER
AND JIM THUNE TO ACT AS THE DESIGNATED REPRESENTATIVE AND ALTERNATE
DESIGNATED REPRESENTATIVE, RESPECTIVELY, FOR THE CITY OF DENTON,
TEXAS, IN ORDER TO EFFECTUATE THE REQUIREMENTS OF FEDERAL REGULA-
TIONS RELATING TO ACID RAIN UNDER THE 1990 AMENDMENTS TO THE
FEDERAL CLEAN AIR ACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED INDEMNIFICATION AGREEMENT LABELLED AS EXHIBIT A; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Federal regulations relating to the Acid Rain Program
under the 1990 amendments to the Federal Clean Air Act (40 CFR part
72; 42 U.S.C. 7401, et seq.) mandate the designation of a desig-
nated representative and authorize the designation of an alternate
designated representative to act on the City's behalf in complying
with Federal permitting and regulatory provisions; and
WHEREAS, the City of Denton, Texas believes that Mr. Harder and
Mr. Thune are the most qualified individuals to assume these
responsibilities; and
WHEREAS, these positions are positions of extraordinary respon-
sibility, carrying potential civil and criminal sanctions; and
WHEREAS, the city Council believes that, to the extent speci-
fied in the contract document attached hereto as Exhibit A, it is
appropriate for the city to assume responsibility, through indemni-
fication, for any such unexpected sanction, unless such sanction
results from personal dishonesty, fraud, gross negligence or
wilful, wanton or criminal acts of the designated representative or
alternate designated representative; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City of Denton, Texas hereby appoints Jim
Harder and Jim Thune to act on its behalf as designated representa-
tive and alternate designated representative, respectively, for the
purDose of effectuatin~ the requirements of Federal regulations
r3~ating to the Acid Rain Program under the 1990 amendments t? the
~?Federal Clean Air Act, as same may be amended from time to time.
SECTION II. That the city Manager is hereby authorized to
execute on behalf of the city of Denton, Texas the indemnification
agreements attached hereto and labelled as Exhibit A with Jim
Harder and Jim Thune.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
BOB CASTLEBERRY, MAY~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
PAGE 2
DESIGNATED REPRESENTATIVE AGREEMENT
~Th~ ~greement is made to be effective on the /~day of
(~3~ _ , 1994, by between and among the city of
Denton, Texas ("CITY"), the owner and operator of the hereinafter
named affected sources; Jim Harder, Director of Electric Utilities
and Jim Thune, Electric Production Manager
WITNESSETH:
WHEREAS, CITY is sole owner and operator of the hereinafter
enumerated affected sources and units, such sources and units 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 Air Act (421 U.S.C. 7401, et seq., as currently
codified and hereafter amended); and
WHEREAS, the affected sources of CITY, and its respective
affected units, are as follows: Spencer Steam Plant, Units 4 & 5;
and
WHEREAS, Mr. Harder is employed by CITY as its Director of
Electric Utilities; and
WHEREAS, Mr. Thune is employed by CITY as its Electric
Production Manager;
NOW, THEREFORE, in consideration of the premises, the covenants
hereinafter set forth, and other good and valuable consideration,
the receipt of which is hereby acknowledged, the parties hereto do
hereby agree as follows:
SECTION I. Designated Representative.
Pursuant to the Federal Clean Air Act, as amended, CITY hereby
appoints Mr. Harder as its Designated Representative for the CITY
affected sources. Mr. Harder hereby agrees to act as CITY
Designated Representative for the CITY affected sources.
SECTION II. Duties of the Desiqnated Representative.
CITY authorizes Mr. Harder to fulfill the duties placed on
CITY's Designated Representative as such duties are defined in the
Clean Air Act, as amended, and the implementing regulations
promulgated thereunder by federal and state agencies, including
those federal regulations found at 40 CFR §72.20 et seq.
Mr. Harder agrees to perform those duties.
SECTION III. ~lternate Deslqnate~ Representative.
Pursuant to the Federal Clean Air Act, as amended, CITY hereby
appoints Mr. Thune to act as CITY's Alternate Designated Represen-
tative for the CITY affected sources. Mr. Thune hereby agrees to
act as CITY's Alternate Designated Representative.
SECTION IV. Duties of the ~lternate Desiqnate~ Representative.
CITY authorizes Mr. Thune to fulfill the duties placed on
CITY'S Alternate Designated Representative, as such duties are
defined in the Federal Clean Air Act, as amended, and the implemen-
ting regulations promulgated thereunder by federal and state
agencies, including those federal regulations found at 40 CFR
§72.20 et seq. Mr. Thune agrees to perform those duties.
SECTION V. Procedure for the Alternate Designated Representative
to hot in Lieu of the Desiqnated Representative.
CITY hereby authorizes Mr. Harder to notify Mr. Thune either
orally or in writing when he is unable to fulfill his duties as set
forth in Section II for any reason, including, without limitation
by enumeration, sickness, vacations, or business travel. Upon
receipt of such notice, Mr. Thune shall fulfill Mr. Harder's
Section II duties until such time as Mr. Harder notifies Mr. Thune
(either orally or in writing) that he is able to resume his Section
II duties. If Mr. Harder becomes suddenly incapacitated and is
unable to provide the notice required by this Section, then (a)
CITY authorizes Mr. Thune to assume Mr. Harder's Section II duties~
and (b) Mr. Thune will either orally or in writing notify Mr.
Harder of his actions~ and (c) Mr. Thune will continue to perform
Mr. Harder's Section II duties until such time as Mr. Harder
notifies Mr. Thune (either orally or in writing) that he is able to
resume his Section II duties.
SECTION VI. Certificate of Representation.
CITY authorizes Mr. Harder and Mr. Thune to submit a Certifi-
cate of Representation as provided by 40 CFR § 72.24, and any other
applicable regulation. CITY further agrees to be bound by the
certifications made by Mr. Harder and Mr. Thune in the submitted
Certificate of Representation. Mr. Harder and Mr. Thune. agree to
promptly execute and file the Certlflcat of Representation. It is
acknowledged that, pursuant to 40 CFR §70.20(b), upon receipt by
the Administrator of the EPA of a complete Certificate of Represen-
tation, the CITY Designated Representative, or as the case may be,
the Alternate Designated Representative, shall represent and, by
his actions, inactions, or submissions, legally bind CITY in all
matters pertaining to the Federal Acid Rain Program and such
affected sources and units. CITY shall be bound by any order
issued to the Designated Representative by the Administrator, the
permitting authority, or a court.
SECTION VII. Liability.
To the extent allowed by law, CITY agrees to indemnify and hold
harmless Mr. Harder and Mr. Thune for any personal liability that
they may incur in their capacities as Designated Representative and
Alternate Designated Representative, respectively. Such hold harm-
less and indemnification does not extend to liability that is the
product of personal dishonesty, fraud, gross negligence, or
willful, wanton or criminal acts.
SECTION VIII. Bindin Effect.
This Agreement is binding on CITY in its capacity as the owner
and operator of the CITY affected sources and units of those
sources.
SECTION IX. Termination.
This Agreement may be terminated by any party hereto at any
time by giving notice of such termination in writing to the other
parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be effective as of the day and year first written above.
TE DESIGNATED REPRESENTATIVE
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY