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RESOLUTION 2012 - 94R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING A LETTER OF INTENT WITH <br />THE LOWER COLORADO RIVER AUTHORITY ( "LCRA ") <br />REGARDING ELECTRIC POWER GENERATION <br />PARTICIPATION FOR THE LCRA THOMAS C. FERGUSON <br />REPLACEMENT PLANT; DECLARING THE AGREEMENT TO <br />BE A COMPETITIVE MATTER OF THE SAN MARCOS <br />ELECTRIC UTILITY (SMEU) UNDER SECTION 552.133 OF THE <br />TEXAS GOVERNMENT CODE AUTHORIZING THE CITY <br />MANAGER TO EXECUTE THE LETTER OF INTENT AND <br />DECLARING AN 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 hereby approves the Letter of Intent and <br />authorizes the City Manager to execute the Letter of Intent with the Lower Colorado River <br />Authority regarding electric power generation participation for the LCRA Thomas C. Ferguson <br />Replacement Plant. <br />PART 2. The City Council hereby finds that the Letter of Intent 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 Letter of Intent is exempt from public disclosure <br />and shall not be released or otherwise made public unless the City of San Marcos is directed to <br />do so by the Attorney General of the State of Texas or a court of competent jurisdiction. <br />PART 3. This resolution shall be in full force and effect immediately from and after <br />its adoption. <br />ADOPTED on August 7, 2012. <br />Attest: <br />iel uerrero <br />Mayor <br />