09-28-23-6.11 - Resolution - 09/28/20232662618.v3
RESOLUTION NO. 09-28-23-6.11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS; AUTHORIZING THE CITY’S PARTICIPATION IN A
JOINT POWER PURCHASE CONTRACT WITH MULTIPLE ENTITIES;
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS TO
PROVIDE FOR THE CITY’S PARTICIPATION IN THE JOINT POWER
PURCHASE CONTRACT; PROVIDING FINDINGS OF FACT;
PROVIDING FOR OPEN MEETING
RECITALS
A. The City of College Station, Texas (“City”), is a duly incorporated home-rule
municipality.
B. Municipal Power Acquisition and Supply Corporation (“MuniWatt”) is a public
facility corporation created with the approval of the City of La Grange, Texas (“La Grange”),
under the Texas Public Facility Corporation Act, Chapter 303, Texas Local Government Code, as
amended (“Enabling Act”).
C. MuniWatt intends to contract to purchase electric energy and desires to sell to La
Grange all energy acquired under such contract(s), or exchanged for such energy, so that it may
be devoted to public use; and MuniWatt is authorized to do so under the Enabling Act.
D. La Grange intends to purchase on behalf of, and resell to, the City and certain other
state and local governments (“Other Entities”) all such energy to be sold to it by MuniWatt.
E. The City desires to purchase such energy on the terms described in that certain Joint
Power Purchase Contract, among the City, MuniWatt, La Grange, and the Other Entities
(collectively the “Parties”), and a Purchase Contract supplemental thereto among the City,
MuniWatt, and La Grange (collectively with the Joint Power Purchase Contract, the “Contract”),
which the Parties consider to be necessary, useful, or appropriate for such purposes, in order to
realize savings in the cost of electric energy.
F. A copy of the Contract is attached to this Resolution as Exhibit “A” and is fully
incorporated herein for all purposes.
G. The City, La Grange, and Other Entities are authorized to enter into the Contract
by the Interlocal Cooperation Act, Chapter 791, Texas Government Code, as amended; the Texas
Public Property Finance Act, Chapter 271, Subchapter A, Texas Local Government Code, as
amended; and, Chapter 552, Subchapter A, Texas Local Government Code, as amended.
2662618.v3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEGE STATION, TEXAS, THAT:
SECTION 1. Findings of Fact. The above recitals are the City Council’s true and accurate
legislative findings of fact. The recitals are adopted and incorporated herein for all purposes.
SECTION 2. Approval of Contract.
(a) The City Council approves the Contract, substantially in the forms as presented to
the City Council on the date of this Resolution, as provided below.
(b) The City Council authorizes and directs the City Manager to execute the Contract
on the City’s behalf, substantially in such form, with such changes thereto not affecting the
essential terms thereof as such officer may approve.
(c) La Grange is authorized to purchase electric energy on behalf of the City solely in
accordance with the terms of the Contract, as required to deliver electric energy in the amounts and
on the terms to be purchased by the City under the Contract, from and after its execution and
effectiveness.
(d) The City Council authorizes and directs the City Manager to take all other
reasonable action necessary to observe and perform the City’s authority and duties under the
Contract, from and after its execution.
SECTION 3. Open Meeting. The City Council considered this Resolution during a duly
noticed meeting that was open to the public, in compliance with Chapter 551, Texas Government
Code.
PASSED AND APPROVED this 28th day of September 2023.
John P. Nichols
Mayor, City of College Station
ATTEST:
Tanya Smith
City Secretary, City of College Station
APPROVED AS TO FORM:
City Attorney