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<br />133. <br /> <br />RESOLUTION NO. 2001-1 Q') R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, DEFINING "COMPETITIVE <br />MATTER" FOR PUBLIC INFORMATION PURPOSES; AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. Senate Bill 7, enacted into law by the Texas Legislature in 1999, amended the Texas <br />Public Information Act (Chapter 552, Texas Government Code) by adding Section 552.131 to <br />provide a new exception to disclosure for "competitive matters" related to publicly owned <br />electric utilities. <br /> <br />2. Senate Bill 7 defines "competitive matter" as a utility-related matter that a publicly <br />owned electric utility's governing body in good faith determines is related to the utility's <br />competitive activity, including commercial information, and would, if disclosed, give advantage <br />to competitors or prospective competitors. <br /> <br />3. The City owns and operates an electric utility, and the City Council, as the governing <br />body of the City's electric utility, desires to adopt this resolution to define "competitive matter" <br />for the purpose of protecting the competitive position of the City's electric utility as provided for <br />in Senate Bill 7. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The following categories of information are determined by the City Council to <br />be "competitive matters," the disclosure of which would give advantage to competitors or <br />potential competitors, for the purposes of Section 552.131 of the Texas Government Code, which <br />provides for an exception to disclosure for publicly owned electric utilities: <br /> <br />A. Financial information, including but not limited to: <br /> <br />1. Business and facilities plans and budgets; <br />2. Capital improvement and project plans and studies; <br />3. Revenue and expense projections and targets; <br />4. Operations and capital statements; actual to budget performance information; <br />5. Business forecasts; <br />6. Strategic plans, studies and supporting documents; <br />7. Cost of service studies; <br />8. Rates and pricing strategies and targets; <br />9. Internal business performance information; <br />10. Energy and billing information; <br />11. Internal cost assignment and allocation methodology; <br />12. Financial planning, sensitivity and scenario analysis; <br />13. Fuel pricing and usage; <br /> <br />C:\TEMP\Competitive Matters-electric utility. doc <br />