Loading...
2000-152NOTE ~mended by Ordinance No 2000-162 ORDINANCE NO ,~qOt~/5)-/,~-~'~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING AN AGREEMENT BY AND BETWEEN THE CITY 'OF DENTON AND APPLIED UTILITY SYSTEMS, INC PERTAINING TO THE PURCHASE OF COMBUSTION TECHNOLOGY EQUIPMENT AND RELATED SPECIALIZED PROFESSIONAL ENGiNEERING SERVICES RESPECTING DENTON MUNICIPAL ELECTRIC, WHICH EQUIPMENT IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITiVE BIDS, AND WHICH PROFESSIONAL SERVICES ARE EXEMPT FROM THE COMPETITIVE BIDDING PROVISIONS OF STATE LAW, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTiVE DATE WHEREAS, Denton Mun~mpal Electric ("DME") is a mummpally-owned electric utlhty which qualifies as a "Public Power Utility" under the provm~ons of Senate Bill 7 enacted by the 76th Texas Legislature The City has determined that it is necessary and appropriate at th~s time, in order to improve efficiency and to comply with applicable governmental regulations, to utilize combustion technology eqmpment and related specialized professional engmeenng service in order to modify and retrofit certam units of the City's Spencer Steam Power Plant, and WHEREAS, the combustion technology equipment provided for in the Agreement and Purchase Order is exempted from state competitive bidding requirements under the sole source exception to the competitive statute, as utility services that are avmlable from one source because of natural monopolies or secret processes, as provided by Sections 252 022(a)(7)(A) and (C) of the Texas Local Government Code, and WHEREAS, the combustion technology equipment and the professional engmeenng services provided for in the Agreement and Purchase Order attached hereto ("Agreement") are also exempted from state competitive bidding requirements as a procurement necessary to protect the public health or safety of the City's residents, as provided by Section 252 022(a)(2) of the Texas Local Government Code, and WHEREAS, the professional engmeenng services provided for in the Agreement are exempted from state competitive bidding requirements as a procurement for professional services, as provided by Section 252 022(a)(4) of the Texas Local Government Code, and, the City, m procunng the professional englneenng services for this pro3ect, has extensively searched, and has selected the most highly qualified provider of those services on the basis of demonstrated competence and qualifications, and has negotiated an agreement with the provider at a fair and reasonable price, as provided by Section 2254 004(a) of the Texas Government Code, and WHEREAS, m accordance with the provisions of Section 551 086 of the Texas Government Code, and after public notice having been given in the form and in the manner as provided by apphcable law, the City Council, a "Pubhc Power Utd~ty Govermng Body" under Senate Ball 7, has received information from Staff, d~scussed, deliberated, and considered the approval of this Agreement in its Closed Meeting on the 18th day of April, 2000, after first determunng by a majority vote of its members, as required by law, that the consideration of this Agreement by the City Council ~s related to DME'S competitive act~wty, lncluchng commercial ~nformanon, whmh if d~sclosed, would,g~ve advantage to ~ts competitors or prospective compentors, and the City Cotmcd, thereafter, in ~ts Open Meeting on the 18th day of April, 2000 proceeded to consider and take final action on the passage of ttns ordinance and approval of the Agreement, and the C~ty Council voted to approve the Agreement, SUBJECT HOWEVER, to the following CONDITION The Agreement ~s approved contingent upon the Texas Natural Resource Conservation Commission ("TNRCC") adopting rules substantmlly ~n the form presently proposed by the TNRCC staff, and on the Pubhc Uttht~es Comnusslon of Texas ("PUC") making a commitment to begin a formal rulemaklng process by a date certain that provides cost recovery of (1) Fixed and variable operating costs of the Spencer plant above the market cleanng price of energy, and, (2) The investment in the NOx emission momtonng and controls eqmpment WHEREAS, the C~ty Council has further determined that the Agreement to be entered into by and between the City and Applied Unhty Systems, Inc ("AUS") should be exaepted from any public thsclosure, to the extent lawfully possible, as permitted by the provisions of Section 552 131 of the Texas Government Code, as a document that is reasonably related to a compet~nve electric matter, the disclosure of which document would prowde an advantage to DME's competitors or prospective competitors, and WHEREAS, the C~ty Council deems it in the public interest for the City of Denton to enter into the Agreement w~th Applied Utility Systems, Inc, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 That the remtat~ons and findmgs set forth in the preamble heremabove are hereby approved and made a part of th~s ordinance SECTION 2 That once the here~nabove-descnbed cond~non is satisfied or ehmmated, then the C~ty Manager ~s hereby authorized to execute an Agreement and Purchase Order by and between the C~ty of Denton, Texas and Apphed Utd~ty Systems, Inc for the purchase of combustion technology equipment and related professional englneenng serwces, m substantmlly the form of the Agreement and Purchase Order attached hereto and incorporated herewith by reference, and at that t~me the City Manager ~s hereby further authorized to ~ssue a written not,ce to AUS to commence work on the project SECTION 3 That the expenditure of ftmds as provided ~n the Agreement is hereby authorized at such time as the heremabove-descnbed condition is satisfied or ehm~nated, and the C~ty Manager has executed the Agreement and Purchase Order on behalflof the City SECTION 4 That except as otherwme provided ~n Sections 2 and 3 herein, this ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this the 18th day of April, 2000 j~y~l a ~ off ATTEST JENNIFER WALTERS, CITY SECRETARY APROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Doeum~nts\Ordmances\00~Apphed Utlhty Systems lnc DME Ord Vote in Open Final doc