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Home My WebLink About1983-1481 - Ordinance - 12/06/1983THE STATE OF TEXAS COUNTY OF BRAZOS The City Council of the City of College Station, Texas, convened in Special Meeting, open to the public, ON THE 6TH DAY OF DECEMBER, 1983, in the City Hall within the City, and the roll was called of the officers and members of said Council, the City Manager and the City Attorney, Gary M. Halter Patricia Boughton Lynn Nemec McIlhaney Bob Runnels Alvin Prause Gary Anderson Vicki Reinke Dian Jones North Bardell Lowell Denton and all of said persons were present, absentees: City Manager Bardell duly constituted the City Secretary, to-wit: Mayor Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember City Secretary City Manager City Attorney except the following thus constituting a quorum. other] business was transacted ordinance entitled AN ORDINANCE RELATING TO Whereupon, the following [among at said meeting: a written THE CREATION OF A MUNICIPAL POWER AGENCY UNDER THE PROVISIONS OF ARTICLE 1435A, V.A.T.C.S.; CREATING SUCH AGENCY; DEFINING ITS BOUNDARIES; MAKING PROVISION FOP A BOARD OF DIRECTORS AND THEIR METHOD OF SELECTION; PRESCRIBING A NAME FOR SUCH AGENCY; ENACTING OTHEP PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY was duly introduced for the consideration of said Council and read in full. Councilmember Rmmels made a motion that the ordinance be adopted. Councilmember Anderson seconded the motion for adoption of the ordinance. The motion, carrying with it the adoption of the ordinance, prevailed by the following vote: AYES: Seven NOES: None The Mayor thereupon announced that the ordinance had been duly and lawfully adopted and was in full force and effect. The ordinance thus adopted follows: O~DINANCE NO. 1481 AN ORDINANCE RELATING TO THE CREATION OF A MUNICIPAL POWER AGENCY UNDER THE PROVISIONS OF ARTICLE 1435A, V.A.T.C.S.; CREATING SUCH AGENCY; DEFINING ITS BOUNDARIES; MAKING PROVISION FOR A BOARD OF DIRECTORS AND THEIR METHOD OF SELECTION; PRESCRIBING A NAME FOR SUCH AGENCY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARINGANEMERGENCY. WHEREAS, under the provisions of Article 1435a, V.A.T.C.S., as adopted by the 63rd Legislature, Regular Session, 1973, as amended, and as last amended by the 68th Legislature, Regular Session, 1983, two or more qualifying public entities are empowered to create a 3olnt powers agency to be known as a municipal power agency as a separate municipal corporation, a political subdivision of the State and a body politic and corporate; and WHEREAS, the incorporated munlclpalltles of Texas known as the City of Caldwell, Texas, City of College Station, Texas, City of Klrbyvllle, Texas, and the City of Newton, Texas, are each incorporated municipalities and agencies or subdivisions of the State of Texas so that each is a "public entity" within the meaning of that term as defined in Section 2 of said Article 1435a; and WHEREAS, each of the aforesaid public entities is a public entity within the provisions of Section 4b of said Article 1435a, as amended, in that each is an incorporated city, town or village which has authority to engage in the distribution and sale of electric energy to the public and on the 29th day of August, 1983 (the effective date of Section 4b, Article 1435a, V.A.T.C.S. herelnabove mentioned) and as of the present date were and are engaged in the distribution and sale of electric energy to the public and were and are provided with a ma3or portion of 1ts power through or from an interstate electric system, such electric system being the system of Gulf States Utilities Company; and WHEREAS, this City Council has theretofore caused notice of its intention to adopt this ordinance (to provide for the Ordinance No. 1481 creatlon of a munlcipal power agency} to be published once a week for two consecutive weeks in the Bryan-College Station Eagle, the official newspaper of the City, the date of the first publication having been at least fourteen (14) days prior to the date set for the passage of this concurrent ordinance; and WHEREAS, prior to th~s date (the date established ~n this aforementioned notice as of the date for the passage of this ordinance), no pe=itlon signed by ten percent (10%) of the qualified electors of this Clty has been submitted to any official of th~s Clty requesting that a referendum electlon be called on the question of whether this ordinance should be passed and adopted; and WHEREAS, bt is now proper for th~s governing body to proceed with the passage of th~s ordinance; Now, Therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section 1. This C~ty Council, s~ons of Article 1435a, V.A.T.C.S., pursuant to the provl- as amended, specifically the provisions of Section 4b thereof, and in con]unction w~th the governing bodles of the remaining public entitles men- tloned in the preamble hereof, do by this concurrent ordinance hereby establish and create a municipal power agency, without taxing power, and such agency: (a) shall be known as the "Lone Star Munlclpal Power Agency"; and (b) shall have boundaries which ~nclude the territory w~th~n the corporate l~m~ts of the C~t~es of Caldwell, College Station, Klrbyvllle and Newton as of the effective date of this Ordinance, and no defect or irregularity ~n the boundarzes of any such c~t~es or ~n any of the proceedings relating to the annexatlon or dlsannexatlon of territory thereto shall ever affect the validity of the municipal power agency hereby created or any of its rights, powers, -2- Ordinance No. 1481 privileges or functions, it being affirmatively found and determined that all of the territory comprising the cities and being w~thin the corporate limits of such cities as of the effective date of this Ordinance shall comprise the territory with the municipal power agency created hereby; and (c) shall be governed by a Board of Directors consist- lng of eight (8) persons who are qualified electors residing within the boundary of the Agency, who shall serve by places. Section 2. The initial term of office of the Directors of the Lone Star Municipal Power Agency and the governing body of the particular public entity who may appoint such director to fill each place, shall be as follows: Place Number Initial Term Endlnq ApDolnt~ng C~t¥ 1 Second Tuesday ~n March 1984 Caldwell 2 Second Tuesday ~n March 1985 Caldwell 3 Second Tuesday in March 1984 College Station 4 Second Tuesday in March 1985 College Station 5 Second Tuesday in March 1984 Kirbyville 6 Second Tuesday in March 1985 Klrbyvllle 7 Second Tuesday in March 1984 Newton 8 Second Tuesday in March 1985 Newton Successors in office (for each place) shall be appointed by the governing body of the public entity appointzng the · nltlal director for such place for a term of two years. Vacancies ~n off~ce in each place shall be filled for the unexpired term by the governing body of the public entity which originally filled such poslt~on. Section 3. In accordance with Section 4a of said Article 1435a the right is reserved by this governing body to loin w~th other public entitles specified in Section 2 hereof to provide for the re-creation of such power agency by the addition and deletion, either or both, of a public -3- Ordinance No. 1481 entity so long as there is no impairment of obligation of any existing obligation of the Agency. Section 4. The recitals contained in the preamble of this Ordinance are found to be true and are adopted as findings of fact by th~s City Council. Section 5. The C~ty Council officially f~nds, recites and declares that a sufficient written notice of the date, hour, place and sub3ect of th~s meeting of the C~ty Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting and that such place of posting was readily accessible to the general public at all times from the time of posting of such notice to the scheduled time of commence- ment of th~s meetzng; that all of the foregoing was done as required by the Open Meetings Law, Article 6252-17, Vernon's Texas C~v~i Statutes, as amended; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the sub3ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and conf=rms such written notice and the contents and posting thereof. The C~ty Council further officially finds and determines that a case of emergency and urgent public necesszty exists which requires the holding of the meeting at which t/%is Ordinance is passed and approved, such emergency and urgent public necessity being the public ~mportance of creating a municipal power agency st the earliest possible date and the need to adopt concurrent ordinances on the same date as the other cities and that such emergency and urgent public necessity requires the consideration of such sub3ect even if such not~ce has not been posted for at least 72 hours preceding the scheduled time of such meeting and that the not~ce of this meeting expressed such emergency and urgent -4- Ordinance No. 1481 public necessity and was posted as required by law more than two hours before this meeting was convened and notice has been given by telephone to all news media requesting such notice to the extent rec/ulred by law. PASSED AND APPROVED th~s the 6th day of December , A.D. 1983. (SEAL) LOWELL DENTOn, CITY ~TORNEY -5-