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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.]