2014-148
2014-148
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXECUTION BY THE CITY
MANAGER OF A “MASTER CUSTOMER AGREEMENT” BY AND BETWEEN THE CITY
OF DENTON, TEXAS AND VENTYX, INC., A DELAWARE CORPORATION; FURTHER
AUTHORIZING AND APPROVING THE EXECUTION OF SUCH OTHER ANCILLARY
AND RELATED DOCUMENTS, INCLUDING, WITHOUT LIMITATION, LICENSING
AGREEMENTS AND STATEMENTS OF WORK RELATED TO THE SAID MASTER
CUSTOMER AGREEMENT BY THE CITY MANAGER OR HIS DESIGNEE, WHICH ARE
INCIDENT OR RELATED THERETO, CONFIRMING AND RATIFYING THAT THE CITY
OF DENTON, TEXAS, ITS MAYOR, ITS CITY COUNCIL MEMBERS, ITS CITY
MANAGER, ITS CITY ATTORNEY, AND THEIR RESPECTIVE DESIGNEES, SHALL BE
AUTHORIZED AND EMPOWERED TO PERFORM SUCH ACTS AND OBLIGATIONS AS
ARE REASONABLY REQUIRED TO COMPLETE AND CONSUMMATE THIS
TRANSACTION; RATIFYING AND CONFIRMING ALL PRIOR ACTIONS TAKEN BY
THE CITY COUNCIL IN FURTHERANCE OF THIS PROCUREMENT; AND
DETERMINING THAT SAID AGREEMENTS PERTAIN TO A “COMPETITIVE ELECTRIC
MATTER” AS SET FORTH UNDER THE PROVISIONS OF §§551.086 AND 552.133 OF
THE TEXAS GOVERNMENT CODE, AS AMENDED; FINDING AND DETERMINING
THAT THE APPROVAL OF THIS TRANSACTION IN A CLOSED MEETING OF THE
CITY COUNCIL IS FURTHER AUTHORIZED UNDER TEXAS LAW; ADOPTING
SIGNIFICANT RECITATIONS, FINDINGS AND CONCLUSIONS, AS ARE SET FORTH IN
THE PREAMBLE OF THIS ORDINANCE; FINDING THAT MATTER OF APPROVAL OF
THE ‘MASTER CUSTOMER AGREEMENT’ WAS POSTED AS REQUIRED BY LAW AND
WAS DULY CONSIDERED IN A CLOSED MEETING OF THE CITY COUNCIL ON THE
nd
2 DAY OF JUNE, 2014, BY A QUORUM OF THE DENTON CITY COUNCIL AND WAS
DULY APPROVED BY A VOTE TAKEN IN SAID CLOSED MEETING; PROVIDING
THAT UPON APPROVAL OF THE ORDINANCE, THE MASTER CUSTOMER
AGREEMENT, AND ANY AND ALL ANCILLARY AGREEMENTS, BY THE CITY
COUNCIL THAT THE CITY SECRETARY IS HEREBY AUTHORIZED AND DIRECTED
TO SEAL THE SAID DOCUMENTS AS PUBLIC POWER DOCUMENTS, AS PROVIDED
BY APPLICABLE TEXAS LAW; THAT THIS PROCUREMENT IS IN THE PUBLIC
WELFARE AND IS IN THE BEST INTERESTS OF THE RATEPAYERS OF DENTON
MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
PROVIDING AN EFFECTIVE DATE
[THIS ORDINANCE PERTAINS TO A COMPETITIVE PUBLIC POWER MATTER
INVOLVING DENTON MUNICIPAL ELECTRIC AND IT IS PROTECTED FROM
PUBLIC DISCLOSURE UNDER THE PROVISIONS OF SECTIONS 551.086 AND
552.133 OF THE TEXAS GOVERNMENT CODE; AND THIS DOCUMENT WAS
ND
ORDERED TO BE SEALED BY THE CITY COUNCIL ON THE 2 DAY OF JUNE,
2014.]