20-1245ORDINANCE NO.20- 1245
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
AMENDMENT NO. 2 TO THE TRANSMISSION OPERATOR MAINTENANCE AGREEMENT
BETWEEN THE CITY OF DENTON, A TEXAS MUNICIPAL HOME-RULE CORPORATION,
AND THE TEXAS MUNICIPAL POWER AGENCY, A TEXAS JOINT POWERS AGENCY,
THAT EXTENDS THE TERM OF THE EXISTING AGREEMENT TO SEPTEMBER 1, 2022;
AUTHORIZING THE EXPENDITURE 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; and
WHEREAS, TMPA owns transmission assets located in Denton that deliver electric power to
the City of Denton; and
WHEREAS, on September 1, 2015, TMP A and the City entered an agreement whereby DME
would construct, operate and maintain TMPA 138kV transmission assets in the Denton area; and
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; and
WHEREAS, the September 1, 2015, Transmission Operator Maintenance and Construction
Services Agreement, as amended by Amendment No. 1 (Ordinance No. 18-1218 passed on August
21, 2018), expires on September 1, 2020; and
WHEREAS, TMP A and the City desire to continue operating under the existing agreement
and wish to extend it to September 1, 2022; and
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; and
WHEREAS, 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 ORDAINS:
SECTION 1. The recitations contained in the Preamble to this ordinance are incorporated by
reference 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 form of the attached Exhibit " A"; 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
p01iions 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
approval.
The mot{on to approxe this Ordinance was made by da
the Ordinance was passed anIseconded by J r\z/kU
the following le
and
al)proved by
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2 :
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the 2d day of July 2020.
CHRIS WATTS. MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
7 >2
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
10aOF7By:
Bob Kahn
General Manager