23-769ORDINANCE NO. 23-769
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A POWERPURCHASE AGREEMENT BETWEEN THE CITY AND TT OF DENTON, INC., (TOYOTAOF DENTON) A TEXAS CORPORATION; PROVIDING FOR THE EXPENDITURE OF
FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City owns and operated an electric utility which provides electric energyand related services to all customers within Denton Municipal Electric’s (“DME”) Public Utilities
Commission of Texas (“PUCT”) certificated jurisdiction; and
WHEREAS, the City of Denton desires to permit electric customers having electric
generation facilities located within the City limits of Denton, Texas to offset a part of their
electrical requirements by utilization of customer’s electric power generation facilities; and
WHEREAS, Customer desires to interconnect the electric generating facilities to the City’s
Electric Utility System; and
WHEREAS, Customer has completed and submitted the Application for Interconnection
and Parallel Operation of Distributed Generation with the City; and
WHEREAS, both the City and Customer have agreed to terms and conditions set forth in
a power purchase agreement (“PPA”) and desire to enter the PPA for the Installation of Distributed
Generation; and
WHEREAS, the City Council finds that it is in the interest of the public and Customer that
a copy of the PPA, redacted of Competitive Information, be made available to the public; NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council approves and authorizes the City Manager, or their
designee, and City Secretary, or their designee, to execute, attest, and deliver, respectively, thePPA, referenced herein, with TT of Denton, Inc.
SECTION 2. The findings in the preamble of this ordnance are incorporated herein by
reference.
SECTION 3. Immediately following the execution, attestation, and delivery of the PPA,
the City Secretary is directed to seal and maintain the PPA in their custody and control, as
documents excepted from public disclosure under the provisions of Texas Government Code,
Section 552.133 unless otherwise lawfully ordered to disclose said documents.
SECTION 4. A copy of the PPA, redacted of Competitive Information, attached Exhibit
' A’, shall be available to the public for inspection and copying. Absent lawful order, the original
PPA shall not be available for public inspection or copying and will be sealed as provided for in
the preceding section.
SECTION 5. The expenditure of funds as provided for in this ordinance is authorized.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Jb and
seconded by Jesse ' b, a,I , the ordinance was passed and approved by
the following vote II - 6 ]:
Aye
/
.//
V/
\/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Vacant, District 4:
Brandon Chase McGee, At LargePlace 5 :
Chris Watts, At Large Place 6:
PASSED AN APPROVED this the
L/
day of h 2023
Ms
ATTEST:
JESUS SALAZW JM Cl SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City
BY, _ VNXkcLa
Bt:eT;i;3.04.12 09:45:1 1 -os'oo'
AIt El b \)
of Denton,
_ email=marcella.lunn@cityofdentoJ