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• RESOLUTION NO. 2010-40R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING AN AMENDED AND RESTATED <br />WHOLESALE POWER AGREEMENT WITH THE LOWER <br />COLORADO RIVER AUTHORITY FOR A TERM EXPIRING ON JUNE <br />25, 2041 AND ONE EXTENSION FOR AN ADDITIONAL TWENTY -FIVE <br />YEAR PERIOD; DECLARING THE AGREEMENT TO BE A <br />COMPETITIVE MATTER OF THE SAN MARCOS ELECTRIC UTILITY <br />(SMEU) UNDER SECTION 552.133 OF THE TEXAS GOVERNMENT <br />CODE; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID <br />AGREEMENT; AND 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 approves the terms and conditions of an <br />Amended and Restated Wholesale Power Agreement ( "Agreement') with the Lower Colorado <br />River Authority for a term expiring on June 25, 2041 and providing for one extension for an <br />additional twenty five year period.. <br />PART 2. The City Manager, Rick Menchaca, 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 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. <br />PART 4. This Resolution shall be in full force and effect immediately from and <br />after its passage. <br />ADOPTED this the 6th day of April, 2010. <br />111t <br />Susan Narvaiz <br />Mayor <br />Attest: <br />�J <br />