2013-106
ORDINANCE NO. 2013-106
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ACCEPTING FOUR
CONVEYANCES OF ELECTRIC TRANSMISSION OFF-SYSTEM FACILITIES BEING
INTERESTS IN REAL PROPERTY OWNED OF RECORD BY TEXAS MUNICIPAL
POWER AGENCY, HOWEVER, BEING HELD IN TRUST FOR THE BENEFIT OF THE
CITY OF BRYAN, THE CITY OF DENTON, THE CITY OF GARLAND AND THE CITY OF
GREENVILLE, TEXAS; WHICH CONVEYANCES ARE EVIDENCED BY: (A) BILL OF
SALE, ASSIGNMENT OF EASEMENTS AND QUITCLAIM REGARDING CERTAIN
INTERESTS IN REAL PROPERTY SITUATED IN MONTAGUE COUNTY, TEXAS; (B)
BILL OF SALE, ASSIGNMENT OF EASEMENTS AND GENERAL WARRANTY DEED
REGARDING CERTAIN INTERESTS IN REAL PROPERTY SITUATED IN WISE
COUNTY, TEXAS; (C) BILLS OF SALE AND ASSIGNMENT OF EASEMENTS
REGARDING CERTAIN INTERESTS IN REAL PROPERTY SITUATED IN BRAZOS AND
GRIMES COUNTIES, TEXAS; WHEREIN THE SAID TEXAS MUNICIPAL POWER
AGENCY CONVEYING SAID PROPERTIES TO THE BENEFICIAL OWNERS THEREOF,
BEING ITS FOUR MEMBER CITIES BY THE CONVEYANCES DESCRIBED
HEREINABOVE; FURTHER, AN ORDINANCE IN TURN AUTHORIZING THE FOUR
CONVEYANCES OF ELECRIC TRANSMISSION OFF-SYSTEM FACILITIES FROM THE
CITY OF DENTON, TEXAS (AS WELL AS THE OTHER THREE TEXAS MUNICIPAL
POWER AGENCY MEMBER CITIES SEPARATELY) BEING: (A) A BILL OF SALE AND
ASSIGNMENT OF EASEMENTS AND QUITCLAIM TO THE BRAZOS ELECTRIC
POWER COOPERATIVE, INC. REGARDING CERTAIN INTERESTS IN REAL PROPERTY
SITUATED IN MONTAGUE COUNTY, TEXAS; (B) A BILL OF SALE, ASSIGNMENT OF
EASEMENTS AND DEED WITHOUT WARRANTIES TO THE BRAZOS ELECTRIC
POWER COOPERATIVE, INC. REGARDING CERTAIN INTERESTS IN REAL PROPERTY
SITUATED IN WISE COUNTY, TEXAS; AND (C) BILLS OF SALE AND ASSIGNMENT
OF EASEMENTS TO THE CITY OF BRYAN, TEXAS REGARDING CERTAIN
INTERESTS IN REAL PROPERTY SITUATED IN GRIMES AND BRAZOS COUNTIES,
TEXAS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Texas Municipal Power Agency ("TMPA"), a duly-organized Joint Powers
Agency, heretofore previously constructed electric transmission lines for its operations by
pursuing contracts reached with its four Member Cities (Bryan, Denton, Garland and Greenville,
Texas); following a study by TMPA it was determined that certain electric transmission lines and
facilities were "off-system" facilities (hereafter the "Facilities"); that those Facilities have been
in use for many years and have been fully-depreciated by TMPA; and that through TMPA, the
four Member Cities received the financial benefit of the TMPA Transmission Cost-of-Service
filings with the Public Utilities Commission of Texas; and TMPA has held the said facilities and
interests in real property, in trust, for the benefit of its four Member Cities; and
WHEREAS, it has been determined that neither TMPA nor its four Member Cities desire
to operate and maintain said transmission facilities because of the regulatory burden and other
factors; and TMPA has recently found purchasers for several of the transmission lines affected,
namely the three transmission lines that are set forth herein; and
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WHEREAS, TMPA is hereby conveying all of its interest of record in said transmission
lines and the real property related thereto, to each of its four Member Cities, in the same
proportional interests that each Member City participated in the contracts upon which the electric
transmission lines were initially constructed by TMPA; and
WHEREAS, in turn, each of the four TMPA Member Cities desires to convey all of their
respective interests in and to said Facilities described herein, to Brazos Electric Power
Cooperative, Inc. and to the City of Bryan, Texas (the "Purchasers"); it being the intention of the
four Member Cities to divest themselves of any ownership in and to the off-system electric
transmission facilities designated, and to provide said Facilities to electric transmission providers
who are fully equipped and willing to handle said electric transmission lines; and
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WHEREAS, in light of the foregoing, the City of Denton, Texas hereby receives the said
off-system electric transmission lines and real property interests; and in turn, desires to convey
the same off-system electric transmission lines and real property interests to the Purchasers,
simultaneously with the other three TMPA Member Cities; the City Council finds that this action
is in the best interests of its citizens and its ratepayers; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and statements that are contained in the preamble hereto
are true and correct, and are expressly incorporated herewith into the body of this Ordinance for
all purposes.
SECTION 2. The City Council of the City of Denton, Texas hereby accepts, for all
purposes, the conveyance of the off-system electric transmission facilities from Texas Municipal
Power Agency, a Joint Powers Agency of which the City is a Member City, in the form of the
following conveyances, in substantially the form as attached hereto, and incorporated herewith
by reference, as follows:
Exhibit A. Bill of Sale, Assignment of Easements and Quitclaim - Montague County,
Texas transmission facilities as more fully described therein;
Exhibit B. Bill of Sale, Assignment of Easements and General Warranty Deed - Wise
County, Texas transmission facilities as more fully described therein;
Exhibit C. Bill of Sale and Assignment of Easements - Grimes County, Texas
transmission facilities as more fully described therein; and
Exhibit D. Bill of Sale and Assignment of Easements - Brazos County, Texas
transmission facilities as more fully described therein.
SECTION 3. The City Council hereby authorizes the Mayor, or the Mayor Pro-Tem, or
the City Manager or his designee, to execute and deliver the following conveyances of off-
system electric transmission facilities, in substantially the form attached hereto, which is
incorporated herewith by reference, to Brazos Electric Power Cooperative, Inc., as follows:
Exhibit E. Bill of Sale, Assignment of Easements and Quitclaim - Montague County,
Texas transmission facilities as more fully described therein.
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Exhibit F. Bill of Sale, Assignment of Easements and General Warranty Deed - Wise
County, Texas transmission facilities as more fully described therein.
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SECTION 4. The City Council hereby authorizes the Mayor, or the Mayor Pro-Tern, or
the City Manager, or his designee, to execute and deliver the following conveyances of off-
system electric transmission facilities, in substantially the form attached hereto, which is
incorporated by reference herewith, to the City of Bryan, Texas, a Texas Municipal Corporation,
as follows:
Exhibit G. Bill of Sale and Assignment of Easements - Grimes County, Texas
transmission facilities as more fully described therein.
Exhibit H. Bill, of Sale and Assignment of Easements - Brazos County, Texas
transmission facilities as more fully described therein.
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SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ~D/'/ C , 2013.
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MARK - B OU , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: l
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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