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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