1994-159AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE TEXAS MUNICIPAL POWER AGENCY TO AUTHORIZE
PARTICIPATION IN THE PURCHASE OF VARIOUS ELECTRIC METERS;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute the attached agreement, a copy of which is attached hereto
and incorporated by reference herein.
SECTION II. That the City Manager is authorized to expend
funds pursuant to the agreement for the purchase of electric
meters.
SECTION III. That this ordinance shall become effective
immediately upon its passage and a~- ~/
PASSED AND APPROVED this the :~' day o
1994.
BOB CASTLEBERRY, MAYTR ~
/
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
DEBRA A. DRAYOVITCH, CITY ATTORNEY
· " DATE: SEPTEMBER 13, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ORDINANCE APPROVING AN INTERLOCAL AGREEMENT WITH TEXAS
MUNICIPAL POWER AGENCY FOR THE PURCHASE OF ELECTRIC
METERS
RECOMMENDATION: We recommend this ordinance, for the cooperative purchase
of 13 electric meters between the City of Denton and the Texas Municipal Power
Agency be approved in the amount of $22,060.00.
SUMMARY: The authority for one entity to purchase for another is permitted in
Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act.
Approval of this interlocal agreement will allow the City of Denton to purchase 13
electronic meters, at a quantity discounted price, from T. M. P.A. in accordance with
all competitive bidding requirements. These electronic - solid state meters will be
utilized by all T.M.P.A. member cities to assure uniform KW and KWH meter
readings.
BACKGROUND: Interlocal Agreement
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Electric Production and
Distribution Divisions, Utility Customers of the City of Denton.
FISCAL IMPACT: Budgeted funds for Electric Production #610-101-1011-5130-8332
with a balance of $8,577,809.58.
ectfully s~b~;nitted: j
anager
Prepared By:
~e Ha~~ool~ Title: Senior Buyer
Approved:
Name: Tom D: Shaw, C.P.M.
Title: Purchasing Agent
520oA~ENDA
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
by and between the Texas Municipal ?ower Agency (IMPAq, a municipal power agency
of the State of Texas organized pursuant to TEX. REV. CIV. STAT. ANN. art. 1435
§ 4a (Vernon 1980) hereinafter referred to as "TMPA," and the City of Denton, a
home rule municipal corporation of Denton County, Texas, hereinafter referred to
as "CITY."
Pursuant to the authority granted by the Texas Interlocal Cooperation Act,
now TEX. GOV'T CODE ANN. Chapter 791 (Vernon 1994), formerly TEX. REV. CIV. STAT.
ANN. art 4413 § 32c (Vernon 1976), TMPA and City, the parties hereto, in
consideration of the premises and mutual promises contained herein agree as
follows:
I.
TMPA shall, after receipt of a written request from CITY (the "Request")
purchase the equipment, materials, or other personal property described in the
Request (the "Personal Property") and resell the Personal Property to CITY.
II.
After TMPA obtains commercial terms from a vendor, but before TMPA enters
into a commitment to purchase the Personal Property from the vendor, TMPA shall
inform CITY of the commerical terms. TMPA will not proceed to purchase the
Personal Property for resale to CITY unless and until CITY indicates to TMPA that
the commercial terms are satisfactory to CITY.
III.
CITY shall be responsible for payment directly to TMPA in the amount of the
actual cost expended or incurred by TMPA to purchase the Personal Property.
IV.
TMPA shall not deliver the Personal Property to CITY until it reasonably
appears to TMPA that the vendor has (a) complied with all conditions of delivery
and (b) met applicable merchantability, fitness, and other warranty standards.
TMPA shall not be obligated to purchase Personal Property for resale to
CITY in the event (a) the transaction is precluded or hindered as a result of (i)
budgetary, legal or contractual restraints or (ii) events reasonably beyond the
control of TMPA (b) the transaction is not advisable, in the determination of
TMPA, due to operational or other concerns or (c) less than two Member Cities
(including City) has requested TMPA to purchase the Personal Property.
VI.
Subject to paragraph XI below, this Agreement represents the entire and
integrated agreement between TMPA and CITY in relation to its subject matter and
supersedes all prior negotiations, representations and agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both
TMPA and CITY.
VII.
This Agreement shall take effect upon execution by the signatories and
shall remain in effect until terminated by a party. A party may terminate this
Agreement by providing to the other party a written notice of termination, at
least 30 days prior to the termination date stated in the notice.
VIII.
In the event that any portion of this Agreement shall be found to be
contrary to law, it is the intent of the parties hereto that the remaining
portions shall remain valid and in full force and effect to the extent possible.
IX.
Any obligations arising under this Agreement and relating to the
performance of governmental functions or services shall be payable only from
current revenues available to the paying party.
X.
The undersigned officers or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement
on behalf of the parties hereto, and each party hereby certifies to the other
that any necessary resolutions or ordinances extending said authority have been
duly passed and are now in full force and effect.
XI.
This Agreement does not amend or otherwise affect the Power Sales Contract,
dated September 1, 1976, between CITY and TMPA.
1994.
CITY OF DENTON
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBAR A. DRAYOVITCH, CITY ATTORNEY
TEXASBy. ~---~ L,x... ~ ~ MUNICI PAL~WER AGENCY
ATTEST:
WANDA CALLAHAN, ASSISTANT SECRETARY TO
, BOARD OF DIRECTORS
APPROVED AS TO LEGAL FORM:
CARL J. SHAHADY, AGENCY ATTORNEY