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