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' � / � � � i � r ! #, � �• �� i � �` � • � r ,•; ,, rr,' , � � � WHEREAS, the City of Dentan, Texas ("Dentan") is a Texas hame-rule City governed by the constitution and laws of the State af Texas; and WHEREAS, the Base Contract for Sale and Purchase of Natural Gas ("Contract") will provide terms and conditions by which Denton can purchase natural gas fram Tenaska Marketing Ventures, a partnership ('°Tenaska"); and WHEREAS, Denton°s purchase of natural gas from Tenaska will be for use in the aperatian of the Denton Energy Center and may be purchased by Dentan under authority previously provided in Ordinance No. 2018-237 passed by the City Cauncil on May 1, 2018; and WHEREAS, in accordance with the provisians of §551.086 af the Texas Gavernment Code, after due public notice being given, the City Cauncil, a"Public Pawer Utility Governing Bady" under state law, the Council has discussed, deliberated, and considered the Cantract in a Closed Meeting of the City Council on June 12, 201$, after receiving a legal apinion of counsel that the Cantract is a proper item for cansideration in its Closed Meeting, which item invalves competitive electric matters, including business and cornmercial informatian, which if disclased, would give advantage to its campetitors or prospective campetitors; and WHEREAS, the City Council has further determined and finds that specific information contained in the Contract ta be entered into between Denton and Tenaska should be excepted from public disclosure, as permitted by the provisions of §552.133 af the Texas Government Code, as informatian that is reasonably related to a competitive electric matter ("Competitive Infarmatian"), the disclosure of which would provide an advantage ta the competitars or prospective cornpetitors 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 ta lawfully safeguard and keep the Competitive Infarmation cantained in the dacuments in the preceding paragraph sealed, as it is competitive electric and fnancial information; and WHEREAS, Denton desires to enter into such other arrangements in support of the Contract with Tenaska which are incident and related to the Contract, and to take such additianal actions as the City Manager, or his designee, shall determine ta be necessary and advisable to cansummate and effectuate the matters set forth herein; NOW, THEREFORE, ■ • 1► ! ■ • l � • • � • • l, • SECTION 1. The recitations contained in the above Preamble are incorporated herewith and are considered ta be a part of this Ordinance. SECTION 2. The City Council, approves and authorizes the City Manager and City Secretary, or their designees, to execute and attest respectively, the Cantract between the City of Denton and Tenaska as set farth in Exhibit "A" attached hereto and made a part hereof. �,��a;��T",�;,��:��„w„ ��,, The City Council, approves and authorizes the City Manager and City Secretary, and their respective designees, to execute and attest respectively, all ather documents which are incident and related ta the Contract, after the same have been approved by the City Attorney, ar his designee, and to take such additional actions as the City Manager, or his designee, shall determine to be necessary and advisable to effectuate the matters set forth abave. SECTION 4. The City Manager, the City Attorney, or their designees, be, and each of them individually hereby is, authorized and empowered to perform all such acts and abligations as required with respect to the Contract described herein. SECTION 5. Immediately following the execution and delivery of the Cantract, the City Secretary is directed ta seal and maintain the same in her custody and contral, as dacuments excepted from public disclosure under the provisions af §552.133 af the Texas Government Cade (the "Public Power Exception") unless atherwise lawfully ordered to disclose said documents, SECTION 6. This ordinance and a capy af Contract, as redacted af Campetitive Information shall be apen far public inspection only; due ta copyright restrictions it will not made available for reproduction. The non-redacted Contract shall not be produced for public inspection, but shall be sealed, as pravided far in Section 5 above. SE„CTION 7. This ordinance shall become effective immediately upon its passage and appraval. ,�._ � The motion to ��:��c�v� this ardinance was made by �� '! r"� �" �� ;, �9�,�_� and .... seconded by �, `�� __ the ordinance was ��z��;c� and approved by the ----��..... ��...:� follawing vote [� - �,] : . •, Chris Watts, Mayor: � .,,,,..,,_ Gerard Hudspeth, District 1: °� � Keely G. Briggs, District 2: Don Duff, District 3: �� Jahn Ryan, District 4: "�`�� ,° Deb Armintar, At Large Place 5: _„� '�"r Paul Meltzer, At Large Place 6: �ei�"� PASSED AND APPROVED this the e" �°�'��i." day of ,��,� ��" r��'�� '�_, 2018. ,� � � f �� ,� �� CpN��I �. _.. __. -� '�"�1"� ➢ �w �'t�1"t�'(�li ATTEST: JENNIFER WALTERS, CITY SECRETARY VED � � TO LEGAL FORM: „ CITY ATTORNEY ByN _ _ �� _ _ _�� __. ._. _ . _ . i' . :. - �#� . • .'- � �: ' . - � � �� . . � , �� - :. - • . ♦ . . , • ' � _ s � . , .- .. �_ # . w' - . , • , • r- . . .• • • • . - . �. • - .,- �, .. • . � , � , •- - *•-� . w • -� . - , � . � - . - * . �. r :�. � . ; � ' : .; � • - -� � . • �. ,�• . •� * w . :� - . � - . . , - , . . • - � . � , � , � - . • . • -. •� - � - . . � •• , , - - • . r-- � � �-� • .� . . .. ♦ - ' � :�. � , �' • ' i ��- ♦ . • • . • � �.^ � . . -! � •" •r *• -�' � ' 1' � ' .. # t .. . � -� �; w - ��'��. F ` . � ^' � � .:. � ' •��'.. � • . � ` � ��.. ♦� � ... .. � ^ ' ',,` ' '�,. 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