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RESOLUTION NO. 2014-46R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING AND AUTHORIZING THE CITY <br />MANAGER TO EXECUTE A PARTIAL REQUIREMENTS <br />WHOLESALE ELECTRIC POWER PURCHASE AGREEMENT WITH <br />CALPINE ENERGY SERVICES, L.P. TO FURNISH UP TO 15% OF THE <br />SAN MARCOS ELECTRIC UTILITY'S LOAD REQUIREMENTS; <br />DECLARING THE AGREEMENT TO BE A COMPETITIVE MATTER <br />OF THE SAN MARCOS ELECTRIC UTILITY UNDER SECTION 552.133 <br />OF THE TEXAS GOVERNMENT CODE; AND DECLARING AN <br />EFFECTIVE DATE. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The San Marcos City Council approves the terms and conditions of a <br />Partial Requirements Wholesale Electric Power Purchase Agreement (Agreement) with Calpine <br />Energy Services, L.P. furnish up to 15% of the San Marcos Electric Utility's electric load <br />requirements. <br />PART 2. The City Manager, Jared Miller, is authorized to execute the Agreement on <br />behalf of the City. <br />PART 3. The City Council hereby finds that the Agreement constitutes a utility - <br />related competitive matter of the San Marcos Electric Utility (SMEU) that would, if disclosed, <br />give advantage to competitors or prospective competitors of SMEU. Pursuant to Section <br />552.133 of the Texas Government Code, the Agreement is exempt from public disclosure and <br />shall not be released or otherwise made public unless the City of San Marcos is directed to do so <br />by the Attorney General of the State of Texas or a court of competent jurisdiction. The redacted <br />version of the Agreement attached to this resolution shall be made available upon request. <br />PART 4. This Resolution shall be in full force and effect immediately from and <br />after its passage. <br />ADOPTED on April 1, 2014. <br />J)ali el Guerrekt� -..- <br />Mayor <br />