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1977-048NO 17- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, "CITY" RELATING TO THE TERMINATION OF THE EXISTING GAS FUEL CONTRACTS UNDER THE TERMS OF WHICH THE CITY PURCHASES GAS FOR ITS GENERATING PLANTS, AGREEMENTS AUTHORIZING THE SETTLEMENT OF CERTAIN DISPUTES WITH THE GAS SUPPLIERS FOR ITS GENERATING PLANTS AND THE EXECUTION THEREOF ON BEHALF OF THE CITY, A NEW GAS FUEL CONTRACT AND A GAS TRANSFER AGREE- MENT AND THE EXECUTION THEREOF ON BEHALF OF THE CITY, ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THE ORDINANCE, AND DECLARING AN EMERGENCY WHEREAS, the City purchases gas to fuel its generating plants from Lone Star Gas Company ("Lone Star") and Delhi Gas Pipeline Cor- poration ("Delhi") under contracts dated the 31st day of October, 1966, and June 6, 1973, respectively, and WHEREAS, in order (1) to secure a longer term and more flexible gas supply contract, (2) to make it possible to economize through economic dispatch and (3) to settle certain disputes between the City and Lone Star and Delhi, it is in the best interest of the City to terminate its existing contracts with Lone Star and Delhi and to enter a new gas purchase agreement with Lone Star as well as a gas transfer agreement with Lone Star and three other cities, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I That all of the recitals and preambles hereinabove stated are found to be true and correct SECTION II That the attached agreement between the City and Lone Star Gas Company styled "Gas Sales Contract' be and is hereby approved and the Mayor of the City be and is hereby authorized to execute multiple original copies of said agreement in substantially the attached form and deliver the same to the parties thereto, for, on behalf of and in the name of the City, as the act and deed of the City and its governing body SECTION III That the attached agreement between the City, Lone Star and three other cities styled "Transfer of Gas Agreement" be and is here- by approved and the Mayor of the City be and is hereby authorized to execute multiple original copies of said agreement and deliver the same to the parties thereto, for, on behalf of and in the name of the City, as the act and deed of the City and its governing body SECTION IV That the attached agreement between the City, Delhi, Brazos Electric Power Cooperative, Inc ("Brazos") and three other cities styled "Agreement of Termination and General Release" be and is here- by approved and the Mayor of the City be and is hereby authorized to execute multiple original copies of said agreement in substantially the attached form and deliver the same to the parties thereto, for, on behalf of and in the name of the City, as the act and deed of the City and its governing body SECTION V That the attached agreement between the City, Lone Star, Delhi, Brazos and three other cities styled "Contingent Settlement Agreement" be and is hereby approved and the Mayor of the City be and is hereby authorized to execute multiple original copies of said agreement in substantially the attached form and deliver the same to the parties thereto, for, on behalf of and in the name of the City, as the act and deed of the City and its governing body SECTION VI That the attached memorandum of intent between the City, Texas Municipal Power Agency ("Agency") and three other cities styled "Economic Dispatch Agreement" concerning effectuation of economies through economic dispatch of electrical power and energy be and is hereby approved and the Mayor of the City be and is hereby authorized to execute multiple original copies of said agreement in substantially the attached form and deliver the same to the parties thereto, for, on behalf of and in the name of the City, as the act and deed of the City and its governing body SECTION VII That it is officially found and determined that this meeting of the City Council is open to the public as required by law and the public notice of the time, place and purpose of said meeting was given as required by law -2- SECTION VIII That the public importance of this measure and the fact that it is to the best interest of the City to approve the aforementioned agreements and the execution thereof at the earliest possible time in order to secure a longer term and more flexible supply of gas, constitutes and creates an emergency and urgent public necessity re- quiring that this ordinance take effect and be in full force from and after its passage, and it is so ordained J7ii PASSED AND APPROVED this the day of September, A D 1977 CITY OF DENTON, TEXAS ATTEST , BiKWKS r CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM AI FUR ry CITY OF DENTON, TEXAS -3-