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RESOLUTION NO. 2018-42R <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 WHOLESALE ELECTRIC POWER <br />PURCHASE AGREEMENT WITH AEP ENERGY PARTNERS, INC. TO <br />SUPPLY WIND ENERGY TO THE SAN MARCOS ELECTRIC UTILITY; <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 />Master Power Purchase and Sale Agreement and Confirmation Letter (collectively referred to as <br />the "Agreement') with AEP Energy Partners, Inc. to supply wind energy to the San Marcos <br />Electric Utility (SMEU). <br />PART 2. The City Manager, Bert Lumbreras, is authorized to execute the <br />Agreement on behalf of the City. <br />PART 3. The City Council hereby finds that the Agreement constitutes a mility- <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. A redacted <br />version of the Agreement shall be made available upon request. <br />PART 4. This resolution shall be in full force and effect immediately from and after <br />its passage. <br />ADOPTED on March 20, 2018 <br />Jo homaides <br />Mayor <br />l <br />e Case <br />City Cl, k <br />