The URL can be used to link to this page

18-1218AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT BETWEEN THE CITY OF DENTON ("CITY") AND THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") THAT E X T E N D S T H E T E R M O F THE EXISTING AGREEMENT Td SEPTEMBER 1, 2020; AUTHORIZING THE EXPENDITU OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton operates a municipally-owned electric company and is a founding member of the Texas Municipal Power Agency; WHE AS, TMPA owns transmission assets located in Denton that deliver electric power to the City of Denton; WHEREAS, on September 1, 2015 TMPA and the City entered an agreement whereby D M E w o u 1 d construct, operate and maintain TMPA 13 8kV transmission assets i n the Denton area; WHEREAS, the City has been constructing, operating, and maintaining TMPA's electric transmission infrastructure in Denton County for several years to the satisfaction of both parties; VJHEREAS, the September 1, 2015 Transmission Operator Maintenance and Construction Services Agreement expires on September 1, 2018; WHEREAS, TMPA and the City desire to cantinue operating under the existing agreement and wish to extend it to September 1, 2018; WHEREAS, the Public Utility Board has considered this matter and recommended that the City Council approve and authorize the execution of the requisite amendment of the existing agreement; WHE AS, the City Council finds that this ordinance is in the best interest of both the citizens and ratepayers; NOW THEREFORE; THE COUNCIL OF THE CITY OF DENTON O A S: SECTION 1. The recitations contained in the Preamble to this ordinance are incorporated b refe��w�w�w��.��......�... y rence into this Ordinance. SECTION 2. The City Manager, or his designee, is authorized (a} to execute on behalf of the City (i) the agreement, or agreements, substantially in the farm of the attached Exhibit "A'1y and, (ii} any other documents necessary for fulfilling the terms and conditions of the agreement or agreements; and (b} to make expenditures in accordance with the terms of the agreement and agreements. SECTION 3^ If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining p01 iions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and � __�w�_�_. ................� approval. The motion to ��ac�v�: this Ordinance was made by �_�� __ ��;�'� ��'"�' and seconded by _�� "��,� �� "�" N�� the Ordinance was passed ��r�� a� �� pproved by the following vote N_��_ _ �,°�� : Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: ��^"° Keely G. Briggs, District 2: �� Don Duff, District 3: � John Ryan, District 4: � Deb Armintor, At Large Place 5: � Paul Meltzer, At Large Place 6: � � PASSED AND APPROVED this the �'� y �� ^"' "� � 2018. w� � ��a of �..w� �M � __. ....� � ....., � , � � � �� w �� ° .m____�� w� � �. __ ..__ ...... ��°1��....�� I'"T`��, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B �w � '�� y: �. . �.......� � � .�. _. ... ,�, �r�i'�� VED �� TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �� w .µ BM„m„��,�„�,�,� Y' AMENDMENT NO. 1 TO THE TRANSMISSION OPERATOR, MAINTENANCE, AND CONSTRUCTION SERVICES AGREEMENT DATED APRIL 1, 2016 This Amendment No. 1 to the Transmission Operator, Maintenance, And Construction 5ervices A�,�reement dated April 1, 2016 (the "Denton TOP Agreement") is between the Texas Municipal Power Agency ("TMPA") and the City of Denton, Texas ("Denton"). RECITALS Section 6.1 of the Denton TOP Agreement provides that the "Initial Term" shall end on September 1, 2018. The parties desire to extend the Initial Term to September 1, 2U20. AGREEMENT In consideration of the mutual obligations of the parties as set forth herein, TMPA and Denton agree as follows: 1. The Initial Term in Section 6.1 of the Dentvn TOP Agreement is extended to September 1, 2020. 2. Except as amended herein, the Denton TOP Agreement shall remain in force and effect in accordance with its original terms. Dated this��°� day of ��,��,� ��m ,, 2018, �.� TEXAS MUN[CIPAL POWER AGENCY � � �� By, � � �,��.��, ,.o.o. , �.,.. � �� .: .� � Name: ��m.e.m�� .. .....� ��..� Title: °�� ,�� 1'��'�-��'�,�� q"��:'�� FORM: � 4�"„��,��V ��;��"�' ��"�4�/ p g��p �",N p.'�9 ��9 ��µ.� u ��Y�v �� BY:.��..ro� ��'��,�� ,� �" CITY OF DENTON �� .. ..� �� _-� ,.��.�..�. � Name: ��' � ��...��"N��c,��'.�...... Title: �"�� " ��" �':.� �" ��, THIS AGREEMENT HAS BEEN BOTH R�"�I �D AND APPROVED as to f��'��and operational obla � ��;�ir�� r��r��i� �.�� wr�� ,,, � �,�, �� ..�� .. �. ... . ...,.w�'� � � � �r :% ��i ��"u��l��'�. �.� � � Title �� Department m�..��.w.w�, � �.��.4 � .. Date signed; �� mm.