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1975-022NO 4; AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RE- LATING TO THE CREATION OF A MUNICIPAL POWER AGENCY UNDER THE PRO- VISIONS OF ARTICLE 1435a, V A T C S, CREATING SUCH AGENCY, DEFIN- ING ITS BOUNDARIES, MAKING PROVISION FOR A BOARD OF DIRECTORS AND THEIR METHOD OF SELECTION, PRESCRIBING A NAME FOR SUCH AGENCY, ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE, AND DECLARING AN EMERGENCY WHEREAS, under the provisions of S B 371, as adopted by the 64th Session of the Texas Legislature, Regular Session, 1975, two or more qualifying public entities are empowered to create a point powers agency (to be known as a Municipal Power Agency) as a seper- ate municipal corporation, a political subdivision of the State and a body politic and corporate, and WHEREAS, the incorporated municipalities of Texas known as the City of Bryan, City of Denton, City of Garland and the City of Greenville are each an agency or subdivision of the State of Texas so that each is a "public entity" within the meaning of that term as defined in Section 2 of Article 1435a, V A T C S , and WHEREAS, each of the aforesaid public entities is one which has the authority to engage in the generation of electric energy for sale to the public (by virtue of the provisions of Title 28, Revised Civil Statutes of Texas, 1925, as amended) and on the 8th day of May, 1975 (the effective date of the Senate Bill hereinabove mentioned) were engaged in the generation of and sale of electric energy to the public, and WHEREAS, this governing body has heretofore caused notice of its intention to adopt this ordinance (to provide for the creation of a Municipal Power Agency) to be published once a week for two con- secutive weeks, the date of the first publication to be at least fourteen (14) days prior to the date set for the passage of this con- current ordinance, and WHEREAS, prior to this date (the date established in this afore- said notice as the date for the passage of this ordinance), no peti- tion signed by ten percent (10%) of the qualified electors of this City has been submitted to any official of this City requesting that a referendum election be called on the question of whether this ordinance should be passed and adopted, and WHEREAS, it is now proper for this governing body to proceed with the passage of this ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The recitals contained in the preamble hereof are found to be true and are adopted as findings of fact by this governing body SECTION II That this governing body, in conjunction with the governing body of the remaining public entities mentioned in the preamble hereof, do by this concurrent ordinance hereby establish and create a Municipal Power Agency, without taxing power, and such Agency (a) shall be known as the "Texas Municipal Power Agency", and (b) shall have boundaries which include the territory within the corporate limits of the Cities of Bryan, Denton, Garland and Greenville, and (c) shall be governed by a Board of Directors consisting of eight (8) persons, who shall serve by places SECTION III The initial term of office of the Directors (calculated from the date of the passage of this ordinance) and the governing body of the particular public entity who may appoint such Director to fill each place, shall be as follows PLACE NUMBER INITIAL APPOINTING TERM PUBLIC ENTITY 1 One Year City of Bryan 2 Two Years City of Bryan 3 One Year City of Denton 4 Two Years City of Denton 5 One Year City of Garland 6 Two Years City of Garland 7 One Year City of Greenville 8 Two Years City of Greenville Successors in office (for each place) shall be appointed by the governing body of the public entity appointing the initial director for such place for a term of two years Vacancies in office in each place shall be filled for the unexpired term by the governing body of the public entity which originally filled such position SECTION IV In accordance with Section 4a of Article 1435a, V A T C S the right is reserved by this governing body to loin with other public entities specified in Section II hereof to provide for the re-creation of such power agency by the addition and deletion, either or both, of a public entity so long as there is no impairment of obligation of any existing obligation of the Agency SECTION V That the public importance of this measure and the fact that it is to the best interest of the City to create a Municipal Power Agency under the provisions of Article 1435a, V A T C S , at the earliest possible date constitutes and creates an emergency and an urgent public necessity, requiring that any rule providing for ordinances to be read more than one time or at more than one meeting of the City Council be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and any such rules or provisions are accordingly suspended and this ordinance is passed as an emer- gency measure, and shall take effect and be in full force from and after its passage PASSED AND APPROVED this the 18th day of July, A D 1975 TOM'D JES J MAYOR CITY OF DEN , T AS ATTEST TL, S OLT, CITY SECRETARY ZOF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS O p p0 p H k C tr m ~ 3 0. k W G ~ a ~ O :y o m ~ cD n n N W fI 4 N I~ 'N kD o r O NCO y N b ch m N c a~ Np c9) oµ 4- m 09 w o p V ' 4s r~1 N ' ca m N W m n W (D aµ p O N Imo- N N ct P A) N m m m.~~ S~UNU M Y O ~S f ~c g m CD N y ct O O cqq ((D m ld ct o Oq O m Z 'd I- co cr m m m al0 ~s ~o µ ct C3 0 o ol W W m O b Fw h7 m d m co N r z 0 H H 0 C. r O O `C f! O n h ~ f9 m d p cpD R+ O O "y k O (9 0 ~ C+ r 1' Qq ~ ~j p W ~ •C ~ w G ~ a+ p p p m x CQ 0 `E b~ ti yHy FC 0 x HERE PASTE THE NOTICE BY Filt No PUBLICATION CUT FROM PAPER ~qusuc'NOTi~ I EGAI. NOTICE aOfIC TO ADOPT A TIO~J CONCI FtREN7 QROMANCE NOTICE41111 HEREBY GIVEN that the govgrhjng botly of the City, of Demon Texpp5 Proposea tolmeet in session at is regular maetIN F In the Council Chambers of the Mu1llcipal Building (within said City) dt 5 3g o clock P M an the 18th day of July 1975 at which time and on such date such governing body proposes to pass and finally adopt a concurrent Bill 3711 doptednby In ea614h session o a f"the 17046 LeglslaturAf Regular'+Besalon X1475) 50.46 to Provide for the 'creation, of a Muniq(pal Pbwer" Agency under the provisions WArticle 1430 as amonckl # It is proposed that the said Agency shaitlbe composed of[ the territory within the corporate limits of the Cities of Bryan or rntan,010orland and Greenville within the,IlOundarles of two or more of such public ontl I*s who so ado a concurrent ordlnancb Trnls NOTICE Is leaped and t- ba*t~ id ciha Cit 9010 ni I r ytof Damon exdaf imp at day of July 1976 y r TNOM D''}}JEB MAYOR ri CITY OF,' ON TEXAS Ju r8'9, 19t# fig, PP IN THE MATTER OF THE AFFIDAVIT OF PUBLISHER TO PUBLICATION OF LEGAL NOTICE Filed the By 4 19 Deputy 4