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1985-1151110L AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY ELECTRIC COOPERATIVE, INC FOR THE PURCHASE OF ELECTRICAL EQUIPMENT AND FACILITIES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is in the best interest of the City of Denton to purchase electrical equipment and facilities, and WHEREAS, Section 2 36(f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000, and WHEREAS, Section 2 09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council Mayor and City Secretary the agreement between the Inc for the purchase of electrical Electric Cooperative, In equipment and facilities contained in said agreemen part hereof SECTION II hereby approves and authorizes the to execute and attest, respectively, City of Denton, and Denton County under the terms and conditions t which is attached hereto and made a That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1985 i C , MAYOR V CIT OF D TON, TEXAS ATTEST 94&&& ~ CZ-Z 'CHARLUTTE ALLEN, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY 0 - THE STATE OF TEXAS § AGREEMENT BETWEEN CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC COUNTY OF DENTON COOPERATIVE, INC FOR THE PURCHASE AND SALE OF ELECTRICAL FACILITIES Agreement made 1 1985, between the City of Denton, Texas, a mu- nicipippawl corporation, herein referred to as buyer, and Denton County Electric Cooperative, Inc , a corporation organized and operating pursuant to the Texas Electric Cooperative Corporation Act (Article 1528b), herein referred to as seller WHEREAS, seller presently owns, maintains, and operates electrical equipment and facilities within the City of Denton, Texas to service and supply customers with electrical service, and WHEREAS, buyer wishes to purchase the electrical equipment and facilities of seller described herein, NOW, THEREFORE, in consideration of the mutual consideration and covenants contained herein, the parties agree as follows 1 In consideration of the sum of Eighteen Thousand and Five Hundred Dollars ($18,500 00) paid to seller by buyer, receipt of which is hereby acknowledged, seller does hereby sell, assign and transfer to buyer all its right, title and interest in the poles, lines, wires, fixtures and electric facilities listed in Exhibit "A" attached hereto and incorporated herein by reference, said electric facilities being located and installed in the City of Denton, Denton County, Texas within the area described as follows BEGINNING at a point southwest of the intersection of Kings Row and Old North Road, and extending south and parallel to Old North Road to the west to a point south of State Highway 380, then extending along and parallel to the said highway to the west, then extending north and south of said highway, all as shown on Exhibit "B" attached hereto and incorporated by reference 2 Seller hereby sells, assigns and transfers to buyer all its right, interest and title to the right-of-way easements wherein the above-described electric facilities are located and shall hereafter, upon the request of buyer, execute any necessary assignments, deeds, or documents necessary to convey its interest PAGE 1 in said right-of-way easements to buyer Buyer shall be responsible for the cost of surveys and preparation of documents, and recording thereof, to effect such conveyance, transfer or assignment 3 Seller convenants that it is the lawful owner of the electric facilities herein conveyed, that they are free and clear of all encumbrances, of any kind, that it has the lawful right and authority to sell and dispose of the same, and that it will warrant and defend title thereto against any claims whatsoever EXECUTED this 47~101-day of 1985 CITY OF DENTON, TEXAS BY I ATTEST ITT , CITY SECKETAKY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY DENTON COUNTY ELECTRIC COOPERATIVE, IN(, BY ATTEST PAGE 2 EXHIBIT "A" CONSTRUCTION UNIT DETAIL LIST 1 VA5-2, M5-10, E1-2, F1-2 2 VA9 3 1983, 35-4, VA1, M2-12, VM10-14 4 1983, 35-4, VAI, M2-12, K-14, VM10-14 5 1971, 30-4, 60' 4 TPX, K-14, M2-12 6 1960, 35-4, VA1, VM10-14, M2-12 7 1960, 35-4, VA1, VM10-14, M2-12 8 1983, 40-3, VA3, E1-2, F1-2, M2-12 9 1983, 40-4, VAI, VM10-14, M2-12 10 1983, 40-4, VA1, VM10-14, M2-12 11 1983, 40-4, VA3, E1-2, FA-2, M2-12 12 1960, 55-4, VAI, VM10-14, M2-12 13 1960, 35-4, VAI, VM10-14, M2-12 14 VAI, VM10-14 15 VA1, VM10-14 16 1960, 35-4, VA1-1, M2-12 17 1983, 40-4, VA1, VM10-14, M2-12 18 1983, 40-4, VA1, VM10-14, M2-12 19 1983, 40-4, VA4, 2-E1-2, 2-F1-2, M2-12, K-14 20 1971, 30-4, K-14, 130' 4TPX, M2-12 21 1983, 40-4, VA1-1, VA5-1, E1-2, F1-2, M2-12 22 1983, 40-4, VA1, VM10-14, M2-12, 110' X3-#8 23 1983, 40-4, VAI, VM10-14, M2-12 24 1983, 35-4, VA5, E1-2, F1-2, M2-12, 90' X3-#8 25 1983, 40-4, VAI, VM10-14, M2-12 26 1983, 40-4, VA1, VM10-14, M2-12 27 1983, 40-4, VA1, VM10-14, M2-12 28 1983, 40-4, VA1, VM10-14, M2-12 29 1983, 40-4, VA1, VM10-14, M2-12 30 1983, 40-4, VA1-1, VA5-1, E1-2, F1-2, M2-12 31 1960, 50-4, VAI, VM10-14, M2-12 32 1960, 40-4, VA1, VM10-14, M2-12 33 1960, 40-4, VA5, E1-2, F1-2, 130' 4TPX, K-14 34 1983, 40-4, VAI, VM10-14, M2-12 35 1983, 40-4, VA4, E1-2, F1-2, M2-12 36 1983, 40-4, VA1, VNI10-14, M2-12 37 1983, 40-4, VA4, M2-12, K-14 38 1971, 30-4, E2-2, E1-2, F1-2 39 1971, 30-4, E2-2, E1-2, F1-2 40 1971, 30-4, M26-5, MDP, M2-12, 125' 2TPX, 2-K-14 41 1971, 30-4, M26-5, MDP, M2-12, 90' 4TPX, K-14 42 1976, 30-4, M26-5, 135' 6DUPX, K-14 43 1976, 35-4, VA6, M2-12, K-14 44 1976, 30-4, M26-5, MDP, M2-12, K-14, 120' 2TPX 45 1976, 35-4, VA1, VM10-14, M2-12, K-14 46 1976, 35-4, VA1, VM10-14, M2-12, K-14, MDP, 122' 47 1976, 35-4, VA5, M26-5, E1-2, F1-2, K-14, M2-12 48 1976, 30-4, M26-5, K-14, 150' 6DUPX 49 1976, 30-4, M26-5, 115' 6DUPX 50 1976, 30-4, M26-5, 125' 6DUPX 1/0 TPX ExH~el?u8„ o \ OF The Brazos System DENTON COUNTY ELECTRIC COOPERATIVE, INC. DENTON 8171383 1671 • 3501 TEASLEY LANE CORINTH METRO 817/4301195 FRISCO 214/377 3405 r CORINTH 817/4974014 August 9, 1985 Ms Charlotte Allen City Secretary City of Denton 215 East McKinney Denton, Texas 76201 Dear Ms Allen P O BOX 2147 • DENTON TEXAS 76202 2147 Enclosed you will find certified copy of Resolution to Sell Electrical Distribution Facilities and fully executed copy of Ordinance 85-115 and Agreement between City of Denton, Texas, and Denton County Electric Cooperative, Inc , for the Purchase and Sale of Electrical Facilities relating to the Kings Row-Old North Road facilities if you have questions or need additional information, please do not hesitate to call Sin rely, I CJ/1/ S lly F tch Management Secretary Enclosures RESOLUTION TO SELL ELECTRICAL DISTRIBUTION FACILITIES Whereas, Denton County Electric Cooperative, Inc , presently owns, maintains, and operate certain electrical distribution facilities within the City of Denton, and Whereas, the Cooperative is not certificated to extend these facilities within the City of Denton, except in situations as protected by "Grandfather Provisions," and Whereas, the City of Denton desires to purchase these facilities at a fair and reasonable price, Therefore Be It Resolved, the Denton County Electric Cooperative, Inc , Board of Directors approves the sale of these facilities, further described in an accompaning document of agreement between the City of Denton and the Cooperative, in consideration of funds of $18,500 00 to be paid to the Cooperative CERTIFICATION I, M E Holley, duly elected Secretary of the Board of Directors of Denton County Electric Cooperative, do hereby express that the above is a true and correct resolution as it appears in the minutes of the Cooperative dated June 25, 1985 *V z AI-Al M E Holley, Secre ry Board of Director; Denton County Electric Cooperative, Inc