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WHEREAS, the City of Denton, Texas ("Denton") is a Texas home-rule City governed by
the constitutian and laws of the State of Texas; and
WHEREAS, the Base Contract for Sale and Purchase of Natural Gas ("Contract") will
pravide terms and conditions by which Denton can purchase natural gas from Conoca Phillips
Company, a Delaware corporation (64Conoco"); and
WHEREAS, Denton's purchase af natural gas from Canoco will be for use in the operation
of the Denton Energy Center and may be purchased by Dentan under authority previausly provided
in Ordinance No. 2018-237 passed by the City Council on May 1, 2018; and
WHEREAS, in accordance with the provisians of §551.086 of the Texas Government
Code, after due public notice being given, the City Council, a"Public Power Utility Governing
Bady" under state law, the Council has discussed, deliberated, and considered the Contract in a
Clased Meeting of the City Council on June 12, 2018, after receiving a legal opinion of counsel
that the Contract is a proper item for consideration in its Closed Meeting, which item invalves
competitive electric matters, including business and commercial information, which if disclosed,
would give advantage to its competitors or prospective competitors� and
WHEREAS, the City Council has further determined and finds that specific information
contained in ihe Cantract to be entered into between Denton and Conoco should be excepted from
public disclasure, as permitted by the provisions of §552.133 af the Texas Government
Code, as information that is reasanably related to a competitive electric matter ("Competitive
Information"), the disclosure of which would provide an advantage to the campetitars or
prospective competitors of Denton Municipal Electric ("DME"); and
WHEREAS, the City Council has further determined that it is in the public interest that it
should exercise its right under the Texas Government Code to lawfully safeguard and keep the
Competitive Information contained in the documents in the preceding paragraph sealed, as it is
competitive electric and financial information; and
WHEREAS, Dentan desires to enter into such other arrangements in support of the
Contract with Conoco which are incident and related ta the Contract, and to take such additional
actions as the City Manager, or his designee, shall determine to be necessary and advisable
to consummate and effectuate the matters set forth herein; NOW, THEREFORE,
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�I IT("m1"1(;)�f ?� The City Council, approves and authorizes the City Manager and City
Secretary, or their designees, to execute and attest respectively, the Contract between the City of
Denton and Conoca as set forth in Exhibit "A" attached hereto and made a part hereof.
� I�'"1 1��� �„ The City Council, approves and authorizes the City Manager and City
Secretary, and their respective designees, to execute and attest respectively, all other documents
which are incident and related to the Contract, after the same have been approved by the City
Attorney, or his designee, and ta take such additional actions as the City Manager, or his designee,
shall determine to be necessary and advisable to effectuate the matters set forth above.
�,L(�`1'C��1� �'��. The City Manager, the City Attorney, or their designees, be, and each of
them individually hereby is, authorized and empowered ta perform all such acts and obligations as
required with respect to the Contract described herein.
SECTION 5. Immediately following the execution and delivery of the Contract, the City
Secretary is directed to seal and maintain the same in her custody and control, as documents
excepted from public disclosure under the provisions of §552.133 of the Texas Government Code
(the "Public Power Exception"} unless otherwise lawfully ordered to disclose said documents.
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SECTION 7, This ordinance shall become effective immediately upon its passage and
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approval.
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pproved by the following
vote [� - �] w
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Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
A � 1�� ���,���i�:� ����r�t
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Don Duff, District 3: �
John Ryan, District 4: �_
Dalton Gregory, At Large Place 5:
Paul Meltzer, At Large Place 6: �
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PASSED AND APPROVED this the ���� day of, ��,�?p� ___,,,,,,,,pmmm _m.,._., 2018.
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CHRIS �''
r�TTS,.MAYOR �_____ ---.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
r11�F���f.�,,�1 <C�:) �� TO LEGAL FORM:
,��'�t�l LEAL, CITY ATTORNEY
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BY: _ �`� � .�___ �,..___.___.
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