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1999-128AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CItY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD, FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE WHEREAS, Texas UtthUes Electric Company (hereinafter called "Company") ~s engaged m the busmess of prowdmg electric utfltty servxce wxthxn port, ons of the C~ty of Denton (here,nafter called "Cxty") and xs using the pubhc streets, alleys, grounds, and rights-of-ways wxthxn the Ctty for that purpose under the terms of an Agreement, approved by Or&nance Number 87-186 duly passed on October 20, 1987, and thereafter amended by Amendment Number One to the Agreement Between the Cxty of Denton and Texas Utxltt~es Electric Company, approved by Or&nance No 93-133 duly passed on July 27, 1993, and thereafter further amended by Amendment Number Two to the Agreement Between the Cxty of Denton and Texas UtdxUes Electric Company, approved by Or&nance No 97-277 duly passed on September 9, 1997, and thereafter amended by Amendment Number Three to the Agreement Between the C~ty of Denton and Texas UtthUes Electric Company, approved by Ordinance No 98-259, duly passed on September 1, 1998, and WHEREAS, the Ctty and Company destro to amend smd Agreement as prewously amended by smd Amendments Number One, Two, and Three, to contxnue the term of smd Agreement by extending same for an addtUonal slx (6) month period, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor ts hereby authorized to execute "Amendment Number Four to the Agreement between the Cxty of Denton and Texas Uttht~es Electric Company" for the use of Cxty streets, wluch ~s attached hereto as Exhtbtt "A" and xncorporated by reference herewith SECTION II That tt xs officmlly found and determined that the meetings at whtch th~s or&nance ts passed are open to the pubhc as reqmred by law and a pubhc notme of the txme, place, and purpose of smd meetings was gtven as reqmmd by law SECTION III That the C~ty Secretary ts hereby d~rected to affix a copy ofthts or&nance to Or&nance Number 87-186 and inscribe thereon the notatxon that the Agreement has been amended ia fourth Ume w~th the adoptton ofthts or&nance PAGE 1 SECTION IV That thts ordinance shall take effect ~mmedmtely from and after ~ts passage, pubhcatton, and acceptance by Company ~n accordance w~th the prows~ons of the Charter of the C~ty of Denton, and ~s accordingly so ordmned SECTION V That Company shall, Wlthtn twenty-one (21) days after the passage of tbas ordinance, file ~n the office of the C~ty Secretary of the C~ty of Denton, Texas a written ~nstmment s~gned and acknowledged by a duly authorized officer, ~n subsmnttally the following form, to w~t (a) To the Honorable Mayor and C~ty Councd of the C~ty of Denton The Grantee, Texas Uttht~es Electric Company, acting b_v ~a~d through the understgned authorized officer, hereby accepts Ordinance No F_~q t~ao extendmg the term of the erast~ng Agreement w~th the Cay of Denton TEXAS UTILITIES ELECTRIC COMPANY By ~~ Semor Vine Presldent~M~ ATTEST Executedth]sthe ,~BA~. dayof ~ ,1999 (b) The acceptance shall be duly acknowledged by the person executing the same In tho event the acceptance ~s not filed w~th~n the twenty-one (21) day Period, this ordinance and the rights and pnvdeges hereby granted shall terminate and become null and vmd (c) The C~ty Secretary shall cause a nottce of the passage of tlus ordinance fmrly stating the substance hereof to be pubhshed once each week for two (2) consecutive weeks tn the offictal newspaper of the City of Denton, Texas The Company shall pay the costs ofpubhcat~on of such notmes PASSED AND APPROVED thxs the ~tTtL dayof ~J ,1999 JAt~iILLER, MAYOR PAGE 2 ATTEST JENNIFER WALTERS, CITY SECRETARY By ~~1)~ ~'~M Z~ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY The City of Denton, Texas, acting herein by its duly constituted anth.on~tl~, hereby declares the foregmng Ordlt~m9ce 2~sS~dnal;n ef'~:Ctl~e:dl~ :~ t~: ~ ~aa'y o°~ ~ ', 1999' Y ~ Y /Jac~lff/~r, ~/~ ) ~ Rom Beasley, Councl~l~mber ~'~B~ Mike Cochran, Council Member '~efl~urrance, Councd Member Sandy Knstoferson, Coun~l Member Carl G ~0ung', ~ber ' The above and foregoing ordinance re~d, adopted on~~ng and passed to second reading by the following votes, th~s the~7~Yy6~ day of _ _. ,1999, at a regular session of the City Council Jack Miller, Mayor, voting ~ Rom Beasley, Council Member, votlng~.A.~_~ Mark Burroughs, Council Member, voting~_~ PAGE 3 Mike Coehran, Council Member, votang ~ Nell Durrance, Council Member, voting ~ Sandy Knstoferson, Counml Member, voting Carl G Young, St, Council Member, voting ~ The above and forl~gg)ng ordinance rejgl, adopted~on second reading and passed by the following votes, this the ~c~ day of ~~_ , 1999, at a regular session of the City Council Jack Miller, Mayor, voting ~ Rom Beasley, Council Member, voting ~ Mark Burroughs, Council Member, votang ~ Mike Cochran, Council Member, votang ~ Ned Durrance, Council Member, voting ~ Sandy Krtstoferson, Council Member, voting ~ Carl G Young, Sr, Council Member, voting ~ 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 Amendment Number Four to the Agreement Between the City of Denton and Texas Utilities Electric Company pertaining to street rental, as indicated herein The same is now recorded as Orchnance Number F~,/~ in the Ordinance Records of the C~ty of Denton, Texas e~'f;; V~ters~'C~t~ Secretary (SEA ) S \Our Docun~nls~Ordm~nces~99\TUECFourth Amendment doc PAGE 4 AMENDMENT NUMBER FOUR TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") 1s engaged in the business of providing electric utlhty service within portions of the City of Denton (hereina~er called "C~ty") and ~s using the pubhc streets, alleys, grounds, and rights-of-way v~thln the C~ty for that purpose under the terms of an Agreement, approved by the City Council of the City of Denton, Texas in Ordinance No 87-186, duly passed on October 20, 1987, and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordmance No 93-133, duly passed on July 27, 1993, and thereafter amended by Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No 97-227, duly passed on September 9, 1997, and thereafter amended by Amendment Number Three to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the C~ty of Denton, Texas in Ordinance No 98-259, duly passed on September l, 1998 WHEREAS, the Agreement, as previously amended, terminates on March 31, 1999, and WHEREAS, the City and Company desire to amend said Agreement, as amended by said Amendments Number One, Two, and Three, to extend the term of said Agreement for an additional s~x (6) month period, and to keep said Agreement in continuous force and effect, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS SECTION 1 That Section l0 of the Agreement is hereby amended to read as follows l0 This Agreement shall terminate on September 30, 1999 SECTION 2 That in all respects, except as specffically and expressly amended by this document, the smd Agreement heretofore duly passed and approved by the City Council of the City of Denton, Texas and duly accepted by Company, and as amended by Amendments Number One, Two, and Three to smd Agreement heretofore duly passed and approved by the C~ty Council of the C~ty of Denton, Texas and duly accepted by Company, shall remmn and continue m full force and effect, without lapse, for all purposes pertinent EXECUTED m duplicate original counterparts th~s the ~>('t~'-/day of CITY OF DENTON, TEXAS JA~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 TEXAS UTILITIES ELECTRIC COMPANY SENIOR VICE PRE~jI~ENT ATTEST S \Our Documents\Contracts\99\TUEC Street Rental Agnnt- 4th Amend doc Page 3