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1999-472AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC, DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON, REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY, PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE- MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE, PROVIDING FOR ENFORCEMENT OF THE FRANCHISE, PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE, SETTING FORTH THE TERM OF THE FRANCHISE , PROVIDING FOR A SEVERABILITY PROVISION, PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Denton County Electric Cooperative, Inc, doing business as CoServ Electric, has been using and occupying Public Raghts-of-Way in the City of Denton for a number of years, including all of calendar year 1998, without a franchise therefor from the City, and WHEREAS, by letter agreement dated June 16, 1999 ("Letter Agreement"), CoServ Electric and the City agreed to interim terms and conditions governing CoServ Electnc's use and occupancy of the Public Rights-of-Way until CoServ Electric and the City reached agreement on a comprehensive franchise agreement/ordinance, and WHEREAS, such Letter Agreement provided that the electric franchise to be granted to CoServ Electric would have an effective date of no later than May 17, 1999, and WHEREAS, the Caty of Denton has adopted Ordanance No 99-373 amen&ng the Caty of Denton Code of Ordinances to provade uniform regulations to govern the use and occupancy of Pubhc Rights-of-Way by prowders of Electric Utlhty Servace an the Caty, such provlsaons being codafied as Seetaons 26-240, et seq, C~ty Code, and mcludang the reqmrement that such prowders obtmn a franchase from the C~ty for such use and occupancy, and WHEREAS, Sections 26-240, et seq, of the Caty Code apply to Denton County Electric Cooperauve, Ine, doing business as CoServ Elecmc, and ars prows~on of Electric Utthty Servace In the City, and reqmre Denton County Electric Cooperatave, Inc to obtmn a franchise from the Caty, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I DEFINITIONS As used in thas ordinance, capatahzed terms shall have the defined meamngs set forth ~n Or&nanee No 99-373, codafied as Sections 26-240, et seq, Caty of Denton Code of Ordinances, and such definlUons are hereby adopted as ~s set forth fully here~n SECTION II FRANCHISE GRANTED (a) There as hereby GRANTED to Denton County Electric Cooperative, Inc, doing busaness as CoServ Electric (hereanafter called "Grantee"), for the term often (10) years from the effecuve date set forth m Section XII ofthas Ordinance, a Franchase to use and occupy the Pubhc Rights-of-Way an order to construct, erect, own, suspend, anstall, extend, renew, repmr, mmntmn, operate, and conduct ~n the Caty of Denton, Texas, (hereinafter referred to as "Caty"), a plant or plants and poles, wares, papehnes, cables, underground condmts, manholes, fiber opuc cable for ars own use, and all other faeflmes and eqmpment needed and necessary for the mmntenance and operauon of an Electric UUhty System 2 (b) This Franchise does not grant to Grantee the right, privilege, or authority to engage an any other business within the City other than the provision of Electric Utility Service, as set forth an this Franchise Any addmonal services to be performed by Grantee in the City, other than Electric Utility Services, shall not be included within this Franchise, but instead, shall be the subject of a separate agreement or by an approprmte amendment to this Franchise (c) All of Grantee's actavmes and occupation of the Public Pdghts-of-Way an the City shall be governed by the provisions of Sectmns 26-240, et seq, City Code, as such provisions may be amended from time to tame In the sole discretion of the City (d) This Franchise supercedes, and takes the place of, the Letter Agreement dated June 16, 1999, referenced an the preamble hereof Grantee and City agree that Ordinance No 99-373, codified as Sections 26-240, et seq, City Code, and this Franchise together constitute the comprehensive franchise agreement/ordinance referenced in the Letter Agreement SECTION III ADMINISTRATION OF FRANCHISE BY CITY (a) The City Manager as the pnncapal City officer responsible for the administration of this Franchise, and shall generally oversee and review the operations of Grantee under this Franchise (b) The City may delegate to the City Manager the exercise of any of the powers conferred upon the City by its Charter, under its Code of Ordinances, or by regulation or rule, or by law, relating to the supervision and regulation of Grantee ~n the exercise of the rights and privileges hereto conferred to Grantee The City Manager shall have the authority to make and pubhsh, after written notice to those affected and after a heanng, such rules and regulations as are necessary to carry out the duties and powers conferred upon the City, acting by and through its City Manager by the Public Utlhty Regulatory Act, as amended, and otherwise 3 (c) It shall be the right and duty of the Clty Manager and the governing body of the C~ty at all t~mes to keep fully mformed as to all matters an connection w~th, or affecting the constructmn, reconstruction, maintenance, operation, and repmr of the Elecme Utlhty System of the Grantee, as well as ~ts accounting methods and procedures ~n connection therewith, the conduct of the Grantee's busaness ~n the C~ty, and the Electrac Utlhty Service being provided by Grantee m the C~ty SECTION IV RECORDS, REPORTS, AND iNSPECTIONS (a) The Grantee shall mmmmn ~ts books and records as prescribed ~n Section 26-249, City Code (b) Grantee, at Grantee's sole cost and expense and upon request by City, will promptly provide cop~es of financial and operating reports filed w~th the Pubhc Utthty Commission of Texas, the Federal Energy Regulatory Commxsslon, and the Secuntxes and Exchange Commission, or their successor agencxes, ~n no event later than fifteen (15) days after the recexpt of a request therefor from the City (c) Grantee shall keep the City fully informed as to all matters in connection w~th or affecting the construction, reconstruction, removal, mmntenance, operation, or repmr of Grantee's facilities, ~ncludmg, w~thout hm~tat~on, all accounting methods and procedures used by Grantee ~n determining the franchise fee mounts to be prod the C~ty (d) Grantee shall prowde the Cxty, on an annual basis, a current chmn-of-command orgamza~onal chart of Grantee showing all of ~ts officers, managers and supervisors, together wxth thexr respective txtles, addresses and telephone numbers, who have the ultxmate msponslbflxty for managing, operating, and mmntmmng Grantee's Electric Utility System m the City (e) The C~ty Manager, or his designee, shall have the right, at reasonable t~mes, to respect the plant, eqmpment, and other property of the Grantee, and ~ts affihates, and to examine, audit, and obtmn cop~es of the papers, books, accounts, documents, and other business records of the Grantee and ~ts affihates, consistent w~th state law and ~n accordance wath the provisions of Section 26-249, C~ty Code (0 The C~ty shall retmn all of the ~nvest~gat~ve powers and other rights provided to the C~ty by ~ts Charter and by state law SECTION V COMPENSATION TO BE PAID TO THE CITY (a) Grantee shall pay the C~ty an annual Franchise Fee as set forth ~n Section 26-242, C~ty Code (b) Grantee shall furnish to C~ty at the ume each quarterly payment of franchise fee ~s made to Caty hereunder, a sufficiently detailed financial statement showing how the Gross Revenues amount was arnved at and how the amount prod to the C~ty was determined, for such quarter After Grantee amplements customer choice, the information prowded to the C~ty shall ~nd~cate the number of kilowatt hours of electricity dehvered by the Grantee ~n the C~ty (e) W~th~n mnety (90) days after the effecUve date of this Franchise, Grantee shall prowde mformataon to the C~ty 0) documenting the total number of kilowatt hours of electricity dehvered by Grantee xn calendar year 1998 to all of Grantee's retml customers whose consuming facilities' points of dehvery were located w~th~n the C~ty's boundaries, and (n) documenting Grantee's Gross Revenues (as defined in Section 26- 240, City Code) in calendar year 1998 derived from the provision of Electric Utility Service within the City's boundaries (d) The City shall compute the franchise fee that Grantee would have prod to the City in calendar year 1998 at the rate of 4% of Grantee's Gross Revenues for 1998, as determined in paragraph (c) above, and shall notify Grantee of the results of City's computation Grantee agrees that the result of such computation is the amount due to the City for calendar year 1998, in accordance with the provisions of {}33 008, PURA Grantee agrees that City will use this amount to calculate Grantee's franchise fee per kilowatt hour, in accordance with {}33 008, PURA By October 1, 2001, the City shall notify Grantee of the amount of the franchise fee set forth in number of dollars per kilowatt hour Grantee agrees that such calculation is appropriate and waives any right it may have to challenge or otherwise contest the calculation of the franchise fee (e) Grantee shall pay the kilowatt hour-based franchise fee instead of the franchise fee based upon Grantee's Gross Revenues, commencing with service rendered by Grantee on and after January 1, 2002, or commencing with service rendered by Grantee on and after the first day of the first month following the effective date of Grantee's implementation of customer choice, whichever is later SECTION VI FRANCHISE AND OTHER VIOLATIONS Upon evidence being received by the governing body of the City that a violation of this Franchise Ordinance, or a City Charter provision, or an ordinance of the City lawfully regulating Grantee in the furmshlng of servme hereunder is occurring, or has occurred, it shall at once cause an lnvesllgatlon to be made by the City Manager or his designee Notme, penalties, and 6 procedures for ensunng comphance w~th th~s franchise shall be as provided ~n Sections 26-240, et seq , City Code SECTION VII NOTICES (a) All notices, including communications and statements that are reqmred or permitted under the terms of this Franchise, shall be in writing Service of a notme shall be accomplished by hand-delivery, by registered or certified mai1, return receipt requested (postage prepaid), or by reputable overnight delivery service All notices shall be effective upon the receipt ofnotme by the intended recipient (b) All notices shall be sent to the City and Grantee at the following addresses CITY OF DENTON, TEXAS DENTON ELECTRIC COOPERATIVE, INC City Manager d/b/a CoServ Electric C~ty of Denton c/o Curtis TrIvitt, P E 215 E McKlnney Director of Engineering and Operations Denton, Texas 76201 3501 FM 2181 Connth, Texas 76205 (c) The City and Grantee, from time to time, may designate a new address and/or another designated officer for purposes of prowd~ng notice hereunder, by written notice to the other party g~ven as provided here~n SECTION VIII CONFORMITY TO THE CONSTITUTION, STATUTES, CHARTER AND CITY CODE OF ORDINANCES This Franchise ~s granted subject to all applicable provisions of the Constitution and laws of the State of Texas, the Charter of the City of Denton, Texas, and the Denton Code of Ordinances, together w~th any and all roles and regulations adopted thereunder This Franchise shall in no way affect, abridge, or ~mpmr the rights, obligations, or remedies of the pames provided for by the Pubhc Utlhty Regulatory Act of Texas, as amended 7 SECTION X GOVERNING LAW AND VENUE (a) This Franchise shall be governed by and construed in accordance with the laws of the State of Texas and the City Charter of the City of Denton, Texas (b) Venue respecting any dispute arising hereunder shall exclusively lie in Denton County, Texas (c) For purposes of construction, this Franchise shall be construed as having been negotiated at arm's length and drafted by the combined efforts of the City and Grantee and their respective legal counsel SECTION X INDEMNIFICATION Grantee shall defend, lndemmfy and save whole and harmless the City and all of its officers, officials, agents, employees and attorneys, against any and all claims, lawsuits, judgments, costs and expenses for personal injury 0ncludlng death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may be occasioned by, or arise out of, Grantee's breach of any of the terms or provisions of this Franchise or of Sections 26-240, et seq, City Code, or by any negligent or strictly hable act, or omission by Grantee, its officers, agents, employees, subcontractors, affiliates and subsidiaries, in the construction, mmntenance, operation, or repair of Grantee's Electric Utility System, or by the conduct of Grantee's business in the City pursuant to this Franchise, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, officials, agents, employees, or separate contractors In the event of joint and concurrent negligence or fault of both of the Grantee and the City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity defense or 8 provision avmlable to the City under appheable Texas law, and w~thout wmwng any of the defenses of the parties under applicable Texas law It ~s understood that ~t ~s not the ~mem~on of the part~es hereto to create hablhty for the benefit of any third parties, but that th~s Franchise shall be solely for the benefit of the City and Grantee, and shall not create or grant any rights, contractual or otherwise, to any other person or entity SECTION XI NON-EXCLUSIVE FRANCHISE The Franchise granted by this Ordinance ~s not exclumve Nothing comamed hereto shall be construed so as to prevent the C~ty from granting other hke or similar rights, pnwleges, and franchises to any other person, finn, corporation, or public utthty SECTION XII EFFECTIVE DATE, ACCEPTANCE Th~s ordinance shall take effect ~mmed~ately from and after ~ts passage, pubhcat~on, acceptance by Grantee in accordance with the provisions of the Charter of the City of Demon, Texas, and after Grantee deposits ~ts surety bond with the C~ty Finance D~rector, as reqmred by Section 26-244, and ~t ~s accordingly SO ORDAINED Under the terms of the Letter Agreement, Grantee's obhgations w~th regard to payment of compensation hereunder shall have an effective date of May 17, 1999, and Grantee's first payment of franchise fees for the period of May 17, 1999 through September 30, 1999, shall be due upon Grantee's acceptance hereof The Franchise granted here~n shall continue for a term of ten (10) years from the effective date SECTION XIII OPEN MEETING It is hereby offimally found and detenmned that the meetings at which th~s ordxnance was passed were open to the pubhc as reqmred by law, and that pubhc notice of the txme, place and purpose of smd meetings was given as reqmred by law JAC~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY The City of Denton, Texas, acting here~n by its duly constituted authonttes, hereby declares the foregoing Ordinance passed on first reading on the ~--~ day of /~l/~mb~/~ , 1999, and passed on second rea&ng on the~ day of /[/~l/~t" , 1999, and passed on third reading on the ~_ day of ~)~/~tI~,~d'~ , 1999, and.belllg~ finally effective as of the ~--~ day of . Jack IV~ar, MaYo~ - Mattk Bu~.g)s, C"'m:~d ~ R~e~, Qc~M~l~er M,ke C'o~hran, Council Membe /Neff Durrance, Cou~ii Member Sandy Knstoferson,"Coun~l Member The above and foregoing ordinance read, adopted on first rea&ng and passed to second rea&ng by the following votes, this the a~d day of /I//)//g/73~g/~ ,1999, at a regular session of the City Council Jack Miller, Mayor, voting ~ Mark Burroughs, Council Member, voting ~ Rom Beasley, Council Member, voting ~ l0 Mike Cochran, Council Member, voting. Neff Durrance, Council Member, votmg <:g/da Sandy Knstoferson, Council Member, voting Carl G Young, Sr, Council Member, votmg The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following votes, this the /~---~ day of .~'~¥~Z/'/t~f , 1999, at a regular session of the City Council Jack Miller, Mayor, voting ~ Mark Burroughs, Council Member, voting Rom Beasley, Council Member, voting M~ke Cochran, Council Member, voting Neff Durrance, Council Member, voting Sandy Knstoferson, Council Member, voting Carl G Young, Sr, Council Member, voting The above and foregp, lng ordinance read, adopted on thard rea&ng and passed by the following votes, th~s the ~7'~?~ day of ,~)~P~g/q~OP~ , 1999, at a regular session of the City Coullcll Jack Miller, Mayor, voting ___._ (II0'~ ~Ofe~-.~'~ ,f-bt" yo~) Mark Burroughs, Council Member, voting Rom Beasley, Council Member, voting Mike Cochran, Council Member, voting Nell Durrance, Council Member, voUng Sandy Knstoferson, Council Member, votxng Carl G Young, Sr, Council Member, votxng STATE OF TEXAS § COUNTY OF DENTON § I, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between the City of Denton and Denton County Electric Cooperative, Inc, doing business as CoServ Electric The same is now recorded as Ordinance Number qq-6t'gaY.~ in the Ordinance Records of the City of Denton, Texas WITNESS MY HAND this the '"/ day of ~ , 1999 (SEAL) 12 ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the 7th day of Decomber , 1999, enact an Ordinance entitled AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC DOING BUSINESS AS COSERV ELECTRIC A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON, REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY, PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE- MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE, PROVIDING FOR ENFORCEMENT OF THE FRANCHISE, PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE, SETTiNG FORTH THE TERM OF THE FRANCHISE, PROVIDING FOR A SEVERABILITY PROVISION, PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, smd Ordinance was on the 7th day of December ., 1999, duly approved and subscribed by the Mayor of said City, and the seal of said City was thereto affixed and attested to by the C~ty Secretary, NOW, THEREFORE, Denton County Electmc Cooperative, Inc, doing business as CoServ Electric, hereby in all respects ACCEPTS, APPROVES AND AGREES TO smd Ordinance, and the same shall constitute and be a binding contractual obligation of Denton County Electric Cooperative, Inc, doing bumness as CoServ Electric, and of the City, w~thout waiver of any other remedy by Denton County Electric Cooperative, Inc, doing business as CoServ Elecmc, or the City, and Denton County Electric Cooperative, Inc, doing business as CoServ Elecmc, does hereby file this, ~ts written acceptance, with the City Secretary of the City of Denton, Texas, in her office. DATED this the 5th day of January , 2000 DENTON COUNTY ELECTRIC COOPERATIVE, INC, doing business as COSERV ELECTRIC ATTEST Not Required 1060\08\991109 CoServ franchise 13 ACCEPTANCE FILED ~n the Office of the C~ty Secretary of the C~ty of Denton, Texas, th~s the 5th day of January ,2~00 ~nn~[~r ~}~ters, Cl~y Secretary 14 3501 FM 2181 Corinth, Texas 76205 Metro 817-430-1195 FAX 940-497-6525 An A.~fihate of Denton County Electric 800-274-4014 January 5, 2000 Mr Michael S Copeland .e,l.l~1-~ ~.~ ~ ~ ~] I~.~j~h~ Assistant Ctty Attorney ~ 0 ~ ~ C~ty of Denton 215 East McK~ey Cl~ g~¢¢~ Denton, Texas 76201 Dear Mr Copeland As reqmred by the Ctty of Denton Charier, enclosed are the electric franchise ordinance (Ordinance No 99-472) between the City of Denton and CoSe~ Elecmc and two original counteCans of the Acceptance executed by CoSem Also, as you requested, CoSe~ confi~s that ~t will pay the newspaper cost for pubhcaUon of the text of the ordinance according to Section 13 01 of the Ctty of Denton Charier Please fo~ard the mvotce for these costs to my attentmn CoSe~ has entered into thts franchise based on the understanding that franchise fees wall be calculated ~n the sine m~er as previously calculated More specifically, the franchise fees will be calculated based on the revenues received by CoSe~ from the sales of electnctty, net of customer crc&ts, to customers wtthm the co¢orate hmlts of the C~ty of Denton These revenues do not include revenue billed but not received, hne extenston charges m the fo~ of one-nme payments or monthly facdmes ch~ges, taxes, revenue from materials, eqmpment or apphance sales, principal an~or tnterest payments on amounts loaned by CoSec, or m~scellaneous fees such as co~ect or d~sco~ect fees, depostts, returned check fees, meter test fees, new account fees, delinquent charges, tampering charges, and membership fees No franchtse fees on these excluded revenues are included m our electric rates nor surcharged to Cay of Denton customers The foregoing ts conststent w~th the franchise fee calculations m all of the other c~ttes ~n which we se~me electric customers During our negottaUon of the recently adopted Ordinance No 99-373, the Cay of Denton originally requested language that ~ncluded some of these excluded revenues m the defimtmn of "Gross Revenues" CoSe~ objected to that language and ~t was deleted prior to the adopuon of such ordinance Therefore, we read Ordm~ce No 99-373 to be conststent w~th our understandmg as to the calculation of fr~ch~se fees as described m the prior paragraph of th~s letter If the C~ty of Denton d~sagrees, please so notify me w~thin seven days from the receipt of this letter Othe~lse, please return one ~lly executed original of the franchise ordinance to me Also, CoServ requests that Section VII(b) of the franchise ordinance be revised to show the following nonce lnformaUon for CoServ DENTON COUNTY ELECTRIC COOPERATIVE, INC d/b/a CoScrv Electric c/o Curtis Tnvltt, P E Semor V~ce President - Energy Services 7701 S Stemmons Freeway Corinth, Texas 75065 If the ordinance cannot be so revised, please allow th~s letter to serve as notice pursuant to Section VII(c) of the franchise ordinance of the new notice address for CoServ Please call ff you have any questions Sincerely, Curtis TrtvItt, P E Senior Vice President - Energy Services  Ctty Attorney's Offtce Ctty of Denton, Texas ~ 215 East McKmney Denton, Texas 76201 (940) 349-8333 CITY OF DENTON, TEXAS Fax (940) 382-7923 February 17, 2000 [BY TELECOPY (940) 497-6525] Curtis Tmqtt, P E Semor Vice President - Energy Servmes CoServ Electric 7701 South Stemmons Freeway Connth, Texas 75065 Re Acceptance and Filing of C~ty of Denton/CoServ Electric Franchise Ordinance Ordinance No 99-472 Pubhcatmn of Franchise Ordinance m the Denton Record Chromcle Response to CoServ Electric Letter of January 5, 2000 Dear Mr Tnwtt Congratulattons on your promotton to Semor Vine Prestdent- Energy Servmes at CoServ Elec- tnc~ I confirm receipt of your letter dated January 5, 2000 regarding CoServ's acceptance of the above electric franchise ordinance, and am regarding January 5, 2000 as CoServ's acceptance date of the above-referenced ordtnance, per our telephone dmcuss~on of thru morning W~th your permission, I have inserted January 5, 2000 as the date tn the "Acceptance" page of the ordi- nance prewously s~gned m duphcate by Mr McGmms I have noted your comments and statements expressed ~n paragraphs 2 and 3 of your January 5, 2000 letter to me regarding CoServ's understanding and behef that the franchise fees will be cal- culated as stated there~n and m accordance w~th the Electric right-of-way and regulatory ordi- nance recently passed by the C~ty Council as Ordmance No 99-373 tn October 1999 I have d~s- cussed these points w~th Sharon Mays, D~rector, DME, and we do not disagree w~th you on the pmnts made S~mply stated, the prows~ons of Sections I and V (a) of Ordinance No 99-472 mean what they say, and the "gross revenues" reqmrement ts found tn Section 26-242 of the Denton Code of Or- dinances, and the defimt~on of"gross revenues" and "electric utthty service" are apphcable as set forth tn Section 26-240, subsectmns (f) and (d), respectively Thts ~s also to confirm that the C~ty's electric right-of-way regulatory ordtnance, bmng Ordt- nance No 99-373 was recently re-enacted by the Council on February 1, 2000 as Ordinance No 2000-041 The re-enacted ordinance makes no substanttve changes to the previous ordtnance, and was done to rectify and make several techmcal correcttons to Ordtnance No 99-373 I wtll send you a true and correct copy of the new electric right-of-way regulatory ordtnance at the t~me that I transmit a conformed original of the franchise ordtnance to you "Ded, cated to Qual~t~ Serv,c," Curtis Trivet P E February 17, 2000 Page 2 I have attached Mr McGlnms' two identical Acceptance pages to both original ordinances and have filed them with the City Secretary on this date Also, as I discussed with you dunng our phone call earlier today, I have taken the liberty, with your permission, to correct the page refer- ences at the bottom of each page of the ordinance to reflect the correct page numbers Once I have received CoServ's original conformed ordinance back from the City Secretary, I will transmit it to you immediately I understand from our telephone conversation, that upon your receipt of the ordinance, that you will transmit to the City the first check in payment of francinse fees provided for under smd ordinance The three steps referenced in my letter to you dated December 13, 1999 that are required by the City's Charter, Article XIII, Sec 13 01[c] (and restated below) to make the francinse ordinance effective, have now occurred, and the electric franchise ordinance is now effective, as of January 5, 2000 1 Thirty (30) days have passed after final passage of the franchise ordinance on December 7, 1999, and 2 The full text of the ordinance has been published once each week for three (3) consecutive weeks (on December 20, 1999, December 27, 1999, and on January 3, 2000 in the Denton Record Chronicle. the official newspaper published in the City of Denton) and I understand that CoServ Electric has received confirmation of such publication, and notice of the balance due, directly from the Denton Record Chronicle and that CoServ will process tins item for payment, and 3 The franchise ordinance has been accepted in writing by Mr McGmnls, a duly-authorized officer of CoServ Electric, and has thereafter been filed by me, with the City Secretary Tins is also to confirm that the City has noted in page 2 of your letter of January 5, 2000, that certain notice information needs to be changed I have provided the City Secretary's office with a copy of your letter herewith, with instructions to note that the information respecting notice to CoServ Electric has changed effective as of January 5, 2000, as permitted by Section VII (b) of the electric francinse ordinance, being Ordinance No 99-472 We believe that allowing your letter to serve as notice of the change is far more efficient than revising or re-enacting the ordi- nance We are pleased that this franchise ordinance m now a reality between the City and CoServ Elec- tric, and appreciate your cooperation in this process Should you have any questions or com- ments regardmg tins matter, please call me at (940) 349-8158, or Ms Jane Pachardson, Assistant City Secretary, at (940) 349-8304 Sincerely, ~ ^ Michael S Cdl~elanOc Assistant City Attorney MSC mc Enclosure Curtis Tnvet P E February 17, 2000 Page 3 cc Mxchael W Jez, City Manager Herbert L Prouty, City Attorney Kathy DuBose, Assistant City Manager for Finance Howard Martin, Assistant City Manager for Utilities ~eOn Mays, Director, DME Pdchardson, Assistant City Secretary (w/copy of January 5, 2000 CoServ Electric letter) S \Our Documenta\Correspondence\Letters\00\Electn¢ Franchise Ord re CoServ Lttr Acceptance doc STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT PERTAINING TO THE MUNICIPAL BOUNDARIES OF THE CITY OF DENTON, TEXAS AS THEY EXISTED ON FEBRUARY 1, 1999 _~,Lr?~HIS AGREEMENT is made and entered into as of the ~ day of ~/~(.40b~] , 1999, by and between the C~ty of Denton, Texas, a Texas Manlcipal corPoration, w~th its pnnc~pal offices at 215 East McKmney Street, Denton, Texas 76201 (hereafter "Denton"), and Denton County Electric Cooperative, Inc, dotng business as CoServ Electric, with ~ts pnnc~pal offices at 7701 South Stemmons, Connth, Texas 75065 (hereafter "CoServ"), the part~es acting hereto, by and through their respectxve duly-authorized officmls and representatives WITNESSETH, that m constderat~on of the covenants and agreements hereto contatned, the parttes hereto do mutually AGREE as follows 1 Th~s Agreement pertains solely to the part~es hereto agreeing that the Map attached hereto, s~gned and dated by representatives of both of the parhes hereto, accurately depicts and represents the corporate hm~ts of the C~ty of Denton, Texas as they existed on February 1, 1999 Th~s Agreement pertains to no other matters 2 Denton and CoServ, ~n the ~nterests of comtty, as well as to avoxd needless expense and delay, have entered ~nto th~s Agreement 3 Denton, at CoServ's specific instance and request, has prepared a "Supporting Affidawt" which ~s attached hereto and incorporated herewith by reference, which sets forth the manner ~n which the attached map was prepared by Denton ctty staff ~n the ordinary course of bus~ness w~th personal knowledge of the perttnent facts CoServ has commumcated to Denton, that because of the nature of the preparation of the Map attached hereto, as well as the nature of the annexation ~nformatlon ~ncluded ~n the preparation of the Map, that ~t ~ntends to place s~gmficant rehance upon the Map m entenng ~nto th~s Agreement with Denton Denton agrees that CoServ may rely on the attached Map, and states that city staff carefully prepared the Map Denton has commumcated to CoServ that CoServ ~s welcome to make ~ts own determination of the Ctty hm~ts of Denton as of February 1, 1999, and that Denton wdl make ~ts maps, records and pertinent c~ty staff avmlable to CoServ, should ~t desire to make ~ts own determmatmn, which course of actmn Denton recommends 4 The part~es, each by their respective duly-authorized representative, by subscribing th~s Agreement declare and agree they have carefully rewewed and examtned the attached Map, that they have each s~gned and dated the attached Map, and that satd Map accurately depicts and represents the corporate hm~ts of the Ctty of Denton, Texas as they existed on February 1, 1999 IN WITNESS WHEREOF, the Cxty of Denton, Texas has executed th~s Agreement m two (2) original counterparts, by and through its duly authorized Cay Manager, and CoServ has executed thxs Agreekn~qnt by and .through ~ts duly-authorized undersigned officer, on th~s the /~-~]0 dayof~.~:~,~, 1999 "DENTON" CITY OF DENTON, TEXAS A Texas Mumc~pal Corporation By ~a~0'&/ ~vl'~c~ael W/Jez CIty ManagerU ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "COSERV" DENTON COUNTY ELECTRIC COOPERATIVE, INC, a Corporation, dmng bus~ness as COSERV ELECTRIC Bill McG~llnls Chief Executive Officer Page 2 ATTEST By APPROVED AS TO LEGAL FORM By S \Our Documcnts\Contracts\99\CoScrvAgrmt re 2 1 99 l~nton City L~mlts doc Page 3 THE STATE OF TEXAS § COUNTY OF DENTON § SUPPORTING AFFIDAVIT BEFORE ME, the tmdersagned Notary Pubhc an and for the State of Texas, appeared GLENN FISHER, who after being duly sworn by me, stated upon has oath the following 1 I am over the age of e~ghteen (18) years and am competent to make thas Supporting Affidavat 2 I am employed by the Caty of Denton, Texas My Utle and posaUon ~s that of "UUhty Servace Coordanator" with Denton Mumcapal Electric My bus~ness address is 901-A Texas Street, Denton, Texas 76201 3 I have personal knowledge of the facts stated hennn 4 I oversaw preparaUon of the Map of the Caty of Denton's Mumc~pal C~ty Llnnts as of February 1, 1999, whach ~s attached to the "Agreement Perta~mng To The Mtmacipal Boundaries of the Caty of Denton, Texas As They Existed on February 1, 1999," ("Boundary Agreement") and I have carefully examaned and revaewed the same 5 In the course of my work for the Ctty, I am famlhar wath the present Pubhc Utflataes Commassaon electric uuhty certification map concerning the City of Denton, Texas, and those areas within the City of Denton whach are s~ngly, doubly, and triply-certificated as to the prowsaon of electric service to residents of the C~ty 6 In prepanng the Map, I communicated wtth several employees of the C~ty of Denton's Planmng Department m order to determine those annexaUons and &sannexat~ons whach have recently occurred, so that the Map prepared would not reflect any annexataons or dasannexauons taking place ~n the Caty after February 1, 1999 7 The City keeps a current map of ~ts city hmits an the regular course of business, and at ~s an the regular course of business that the Caty keeps and maintains such map Changes or revaslons to that map are made, as annexauons occur, by city employees wath personal knowledge of the facts involved The city hm~ts map ~s peno&cally updated at the t, me, or shortly after the time the C~ty annexes or dasannexes an area 8 The map of the city hmlts whmh I oversaw the preparatxon of, reflects the cxty hm~ts of the City of Denton, Texas and was created under my supervision and control, by taking the current city map of Denton, Texas, and then removing all annexations and dxsannexatxons that took place after February 1, 1999 9 I have carefully rewewed the Map and state, to the best of my knowledge and behef, that the Map attached to the Boundary Agreement correctly and accurately depicts and represents the mty hm~ts of the C~ty of Denton, Texas on February 1, 1999 GLENN FISHE~, ~ffi'ant SWORN TO AND SUBSCRIBED BEFORE ME, the underslgned~N..~otary Pubhc ~n grd.~o~th¢ State of Texas, by GLENN FISHER on this the ~ day of (r../t~..~_)~_ ~L. , 1999 ' Notary Pubhc in and for the State of Texas S \Our Do0uments\Contracts\99\CoServ Boundary Agrmt Sptg Afdt of GF doc Page 2