2010-135
ORDINANCE NO. - 20-10-13 5
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE "FURTHER AGREEMENT" REGARDING TEXAS MUNICIPAL
POWER AGENCY, A TEXAS JOINT POWERS AGENCY ("TMPA"), AND ITS FOUR
MEMBER CITIES, THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE,
TEXAS; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY' S BEHALF IN
EXECUTING THE "FURTHER AGREEMENT" TOGETHER WITH ANY AND ALL
NECESSARY SUPPORTING DOCUMENTS, AND TO TAKE SUCH OTHER AND
FURTHER ACTIONS AS ARE NECESSARY IN ORDER TO EFFECTUATE AND
FINALIZE THE "FURTHER AGREEMENT; AUTHORIZING THE DELIVERY OF SAID
"FURTHER AMENDMENT" TO TMPA AND ITS THREE OTHER MEMBER CITIES;
AUTHORIZING THE EXPENDITURE OF ANY FUNDS THEREFOR; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is a Member City of Texas Municipal Power
Agency ("TMPA"), a Joint Powers Agency; and
WHEREAS, disputes have arisen over various issues regarding the operations of TMPA;
and in December 2009, TMPA and its four Member Cities, Bryan, Denton, Garland, and
Greenville, Texas reached a global settlement regarding the disputes, and have each approved
and entered into a"Global Compromise Settlement Agreement;" and
WHEREAS, in order to clarify the positions of TMPA and the four TMPA Member
Cities, a"Further Agreement" was prepared for TMPA and the four Member Cities to properly
reflect the status of the litigation and proceedings; and NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals in the preamble are true and correct.
SECTION 2. The City Manager is hereby authorized to execute and deliver the "Further
Agreement" that is attached hereto as Exhibit "A", and is incorporated herewith by reference.
SECTION 3. The City Manager is hereby authorized to execute and deliver any
documents related to the said "Further Agrêement" as are necessary to effectuate, finalize and
deliver said "Further Agreement."
SECTION 4. This ordinance shall be and become effective immediately upon and after
its adoption and approval.
~
PASSED AND APPROVED this the ~ day of 12010.
M
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MARK A~BURŔŌUGHS, MAYOR.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.
By: Q~
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
;
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FIJRTHER AGREEMENT
The terms below set forth the following mutual agreement of TMPA, the City of Denton, the City of
Garland, the City of Greenville, the Greenville Electric Utility System, and the City of Bryan:
1) The City of Bryan filed a complaint- against Texas Municipal Power Agency in Docket 19585,
before the Public Utility Commission of Texa.s ("Commission"), and the Commission entered its final order in
this docket on July 8, 1999;
2) An appeal of the PUC's final order in Docket 19585 was filed in the District Court of Travis
County, Texas in Cause No. 99-11127, and on September 6, 2002, the district court entered its judgment in this
cause;
3) An appeal of the district court's judgment was filed in the Court of Appeals for the Third Judicial
District of Texas, in Cause No. 03-02-00644-CV, the Court of Appeals issued an opinion, and on May 20, 2004,
the Court of Appeals entered its judgment in this cause;
4) A petition for review of the judgment of the Third Court of Appeals was filed in the Texas
Supreme Court in Cause No. 04-0752, thereafter the Texas Supreme Court issued its opinion, and on June 24,
2008, the Texas Supreme Court entered its mandate, and remanded certain claims, to the Court of Appeals; and
5) On remand, the Third Count of Appeals, on July 24, 2008, in Cause No. 03-02-00644-CV, issued
an opinion, and rendered judgment disposing of the remanded issues.
Subsequent to the proceedings listed above, the parties entered into a comprehensive settlement
agreement. That agreement contemplates that the district court will enter an order of remand in Cause No. 99-
11127, if necessary, and that, once the proceeding is before the Commission, the parties will submit a proposed
agreed order to the Commissiōn reciting that no further order is necessary and the cause is dismissed with
prejudice based upon the parties' settlement agreement.
The Commission, by and through its attorneys, however has advised that it does not concur in opening a
new docket for the remand of the Docket 19585 proceeding to it. To accommodate the Commission and rather
than utilizing the alternate procedure of obtaining a district court order remanding Docket 19585 to the
Commission, the parties to the Global CSA do hereby agree to be bound as if the trial court had entered an order
remanding the cause to the Commission and the Commission had thereafler entered an order dismissing the
cause with prejudice based upon the parties' settlement agreement.
Entered into by each of the parties as of the date set forth below:
I
i
TEXAS MUTIICIPAL POWER AGENCY
By:
Date:
ATTEST:
By:
CITY OF BRYAN, TEXAS
By:
Date:
ATTEST:
By:
CITY OF DENTON,
By:
Date: ~ 20/ 1 4f 1 ATTEST:
B
CITY OF GARLAND, TEXAS
By:
Date:
ATTEST:
By:
CITY OF GREENVILLE, TEXAS
By:
Date:
ATTEST:
GREENVILLE ELECTRIC UTILITY
SYSTEM
By:-
- Date: I
ATTEST:
By:
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