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2000-405O IN CE NO - AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF DENTON AND THE DENTON GARLAND GREENVILLE POWER POOL, PERTAINING TO THE CITY'S ACQUISITION OF CAPACITY AND ENERGY FOR CALENDAR YEAR 2001, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROViDING AN EFFECTIVE DATE WHEREAS, Denton Mununpal Electric ("DME") 1s a municipally owned electric utlhty, which qualifies as a "Public Power Utility" under the provisions of Senate Bill 7, enacted by the 76th Texas Legislature DME Staff has determined that it is necessary at this time to acquire additional capacaty and energy for calendar year 2001, so that it can maintain sufficient firm capacity and energy to meet its dtuly megawatt load plus reserve megawatt capacity requirements to insure agmnst unforeseen generating unit outages or load growth above forecast, and such aequlmtlon further provides more reliable electric service at peak load times for DME's customers, and WHEREAS, the City's purchase of electric capacity and energy provided for in the letter Agreement dated September 19, 2000 (the "Agreement") is exempted from compehtlve bldchng requirements as an expenditure for "electricity," as provxded by Section 252 022 (a)(15) of the Texas Local Government Code, and WHEREAS, in accordance with the provisions of Section 551 086 of the Texas Government Code, after public notice, the City Council, a "Public Power Utility Governing Body" under Senate Bill 7, has &scussed, deliberated, and considered the matter of this Agreement in a Closed Meeting on the 17th day of October, 2000, after determining by a preliminary majority vote of its members, that the consideration of this Agreement is related to DME's competitive activity, including commercial information, which if disclosed, would give advantage to its competitors or prospective competitors, and thereafter, the City Council, by a vote taken m smd Closed Meeting, voted for approval of the Agreement, and WHEREAS, the City Council has further determined that the "Agreement" to be entered into by and between the City and Denton Garland Greenville Power Pool ("DGG") should be excepted from any public disclosure, as permitted by the provisions of Section 552 131 of the Texas Government Code, as a document that is reasonably related to a competitive electric matter, the disclosure of which document would provide an advantage to DME's competitors or prospective competitors, and WHEREAS, the City Council deems it in the public interest for the Clty of Denton to enter into the Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the recltat~ons and findings set forth m the Preamble here~nabove are hereby approved and made a part of ttns Ordinance SECTION 2 That the C~ty Manager ~s hereby authorized to execute an Agreement by and between the City of Denton, Texas and the Denton Garland Greenwlle Power Pool, for the City's acqms~t~on of adtht~onal capacity and energy for calendar year 2001, in substantmlly the form of the Agreement attached hereto and incorporated herewith by reference SECTION 3 That following the execution and dehvery of the Agreement, the C~ty Secretary ~s hereby d~rected to seal and mmntmn smd Agreement ~n her custody and control, as a document excepted from pubhc d~sclosure under the provisions of Section 552 131 of the Texas Government Code (the "Pubhc Power Exceptmn"), unless otherwise lawfully ordered to dmclose smd Agreement SECTION 4 That the expen&ture of funds as prowded ~n the attached Agreement ~s hereby authorized SECTION 5 That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the /r) ¢'tUflday of ~}~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY API~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ord~nanees\00~DGG DME Capacity Purchase 20010rd doc G/ (RLAND September 19, 2000 Ms Sharon Mays Denton Mum¢lpal Utlhtles g01-A Texas Street Denton, TX 76201 Re 2001 Capaoty Sale and Purchase Dear Ms Mays Th~s letter ms written to confirm the Denton Garland Greenville Power Pool (DGG) capacity sale by DGG members the City of Garland and the Greenville Electric Utlhty System (Sellers) to DGG member the City of Denton (Buyer) for the one year period beg~nning .lanuary 1, 2001 ~[n addition tO regular DGG economic dispatch functions, Sellers are wdhng to furmsh Buyer the rights to 40 MW of capaoty, dunng each month of calendar year 2001, under the following terms 1 ) Buyer agrees to pay Sellers $180,000 each calendar month of 2001 Invo~ong and payment wdl be deemed made by adjustments to each monthly DGG Energy Summary - Prehm~nary 2 ) Sellers ~wdl split the revenues in accordance with a proporbonate excess capaoty calculation to be made prior to October 1, 2000, and wdl provide Buyer w~th data on generation sources to enable Buyer to ~nclude the capaoty purchased ~n ~ts Annual Planned Service Request 3 ) Buyer ~grees to commit all of ~ts generabon resources to DGG economic d~spatch operation, and to operate such resources ~n accordance w~th the pohoes of the DGG P&O Committee, dunng the entire term of the capacity sale 4 ) Sellers lhave no obligation to dehver any energy or operating reserves by wrtue of th~s capaoty sale Buyer and Sellers w~ll continue to dehver, receive and price economy energy ~n accordance w~th the pohoes of the DGG P&O Committee 5 ) Buyer tecogmzes that the offer to sell capacity hereunder reflects Sellers current price only to purchasers i) purchasing a fixed amount of capacity for each month during calendar year 2001, ii) hawng no right to or call on any energy or operating reserves as a result of the capacity purchaise, and Iii) wdhng to commit all of their generation assets to DGG joint operabon dunng the term of the capaoty purchase 6 ) Buyer agrees that ~t will not resell or assign the rights to any capaoty purchased hereunder from Sellers,w~thout the prior consent of Sellers