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
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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