2016-081
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RepealedbyOrdinanceNo.201610504/05/16JR
ORDINANCE NO. 2016 -081
AN ORDINANCE ADOPTED CONCURRENTLY WITH THE CITIES OF BRYAN, GARLAND, AND
GREENVILLE ELECTING THE PROVISIONS OF SUBCHAPTER C -1 OF CHAPTER 163, TEXAS
UTILITIES CODE PROVIDING FOR ALTERNATE GOVERNANCE OF THE TEXAS MUNICIPAL
POWER AGENCY; PROVIDING FINDINGS OF FACT; DEFINING THE BOUNDARIES OF THE
AGENCY, DESIGNATING THE NAME OF THE AGENCY, AND DESIGNATING THE NUMBER,
PLACE, TERMS, AND MANNER OF APPOINTMENT OF DIRECTORS OF THE AGENCY;
PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN
EFFFECTIVE DATE.
WHEREAS, in 1975 the cities of Bryan, Denton, Garland, and Greenville (the "Member Cities ")
created a municipal power agency known as the Texas Municipal Power Agency (the "Agency ") by the
adoption of concurrent ordinances in accordance with the law now codified, in part, as Subchapter C,
Chapter 163, Texas Utilities Code;
WHEREAS, each of the Member Cities is a "participating public entity" within the meaning of
Subchapter C, Chapter 163, Texas Utilities Code; and together the Member Cities comprise all of the
participating public entities of the Agency;
WHEREAS, SB 776, passed into law by the 841 Texas Legislature and effective September 1, 2015
provides for an alternate form of governance for municipal power agencies created under Subchapter C,
Chapter 163, Texas Utilities Code if, by concurrent ordinances, the participating public entities of a
municipal power agency elect to apply the provisions of Subchapter C -1 of Chapter 163, Texas Utilities
Code to the agency as an alternative to Subchapter C;
WHEREAS, by the adoption of concurrent ordinances, the Member Cities intend to apply the
provisions of Subchapter C -1 to the Agency so that the Agency shall be hereafter subject to and controlled
by the provisions of Subchapter C -1;
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF DENTON, TEXAS:
SECTION 1. The City of Denton, together with the cities of Bryan, Garland, and Greenville,
hereby elects that, on and after April 30, 2016 the Agency shall be governed by the provisions of Subchapter
C -1, Chapter 163, Texas Utilities Code.
SECTION 2. The boundaries of the Agency shall include all of the territory within or that may be
hereafter added to the corporate limits of the cities of Bryan, Denton, Garland, and Greenville.
SECTION 3. The agency shall continue to be known as the "Texas Municipal Power Agency."
SECTION 4. The Agency shall be governed by a board of directors consisting of eight members.
Each participating public entity may appoint two members to the board of directors by resolution or other
official action of the participating public entity. Subject to the provisions of Section 163.078(k) and Section
5 of this Ordinance, the term of office for a member of the board of directors is two years. Vacancies in
office shall be filled for the unexpired term by the participating public entity which originally filled such
position.
SECTION 5. The place and term of office (calculated from the effective date of this Ordinance)
for each member of the board of directors is as follows:
Place Number:
Initial Term:
Bryan 1
Two years
Bryan 2
One year
Denton 1
Two years
Denton 2
One year
Garland 1
Two years
Garland 2
One year
Greenville 1
Two years
Greenville 2
One year
Upon expiration of the initial term, the term of office for each member of the board of directors shall be
two years.
SECTION 6. All ordinances or parts of ordinances in force when the provisions of this ordinance
became effective, which are inconsistent or in conflict with the terms or provisions contained in this
ordinance are hereby repealed to the extent of any such conflict.
SECTION 7. If any section, paragraph, clause or provision in this ordinance, or application
thereof to any person or circumstance is held invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this
ordinance.
SECTION 8. This Ordinance shall be become effective on July 18, 2016.
PASSED AND APPROVED this the day of 1-ffic . ____, 2016.
CITY OF DENTON, TEXAS
(11 1 R I MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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AI I OV I;1) 'TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Cry: