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HomeMy WebLinkAbout11-10-83-09 - Resolution - 11/10/1983THE STATE OF TEXAS COUNTY OF BRAZOS The City Council of the City of College Station, Texas, convened in Regular Meeting, open to the public, ON THE 10TH DAY OF NOVEMBER, 1983, in the City Hall within the City, and the roll was called of the duly constituted officers and members of said Council, the City Secretary, the City Manager and the City Attorney, to-wit: Gary M. Halter Patricia Boughton Lynn Nemec McIlhaney Bob Runnels Alvin Prause Gary Anderson Vicki Reinke Dian Jones North Bardell Lowell Denton Mayor Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember City Secretary City Manager City Attorney and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, the following [among other] business was transacted at said meeting: a written resolution entitled RESOLUTION DIRECTING GIVING OF NOTICE OF INTENTION TO ADOPT A CONCURRENT ORDINANCE TO PROVIDE FOR THE CREATION OF A MUNICIPAL POWER AGENCY; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY was duly introduced for the consideration of said Council and read in full. Councilmember Boughton made a motion that the resolution be adopted. Councilmember Anderson seconded the motion for adoption of the resolution. The motion, carrying with it the adoption of the resolution, prevailed by the following vote: AYES: Seven NOES: None The Mayor thereupon announced that the resolution had been duly and lawfully adopted and was in full force and effect. The resolution thus adopted follows: OO& 1 , 3 RESOLUTION NO. 11-10-83-09 RESOLUTION DIRECTING THE GIVING OF NOTICE OF INTENTION TO ADOPT A CONCURRENT ORDINANCE TO PROVIDE FOR THE CREATION OF A MUNICIPAL POWER AGENCY; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, under the provisions of Section 4b of Article 1435a, V.A.T.C.S., as amended, any public entity which is an incorporated city, town, or village and which meets certain requirements may provide for the creation of a municipal power agency after issuance and publication of a notice of intention to do so; and WHEREAS, this City is a public entity meeting the aforementioned requirements in that this City is presently and as of August 29, 1983, was an incorporated city which is engaged in the distribution and sale of electric energy to the public and is presently and as of August 29, 1983, was provided with a major portion of its power through or from an interstate electric system, such electric system being Gulf States Utilities Company; and WHEREAS, it is now proper to provide for the publica- tion of the notice of intention of the City Council to participate in the creation of a joint powers agency; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section 1. That the City Council deems it necessary and advisable to authorize the adoption of a concurrent ordinance to provide for the creation of Lone Star Municipal Power Agency and the City Council hereby declares its tentative intention to adopt such ordinance at a meeting of the City Council to be held at the time and place described in the attached Notice of Intention to Adopt a Concurrent Ordinance, which is incorporated in this Resolution by reference. Section 2. That the Notice of Intention to Adopt a Concurrent Ordinance to provide for the creation of a municipal power agency in substantially the form attached hereto shall be published in the English and Spanish language in the Bryan-College Station Eagle, which is a newspaper published and having general circulation in the City, at least once a week for two consecutive weeks prior to the date of the meeting of the City Council at which the creation of the municipal power agency is to be authorized, with the date of the first publication to be not later than at least fourteen (14) days prior to the aforesaid meeting. Section 3. The City Council officially finds, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City 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 to the scheduled time of commencement of this meeting; that all of the foregoing was done as required by the Open Meetings Law, Article 6252-17, Vernon's Texas Civil Statutes, as amended; and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. The City Council further officially finds and determines that a case of emergency and urgent public necessity exists which requires the holding of the meeting at which this Resolution is passed and approved, such emergency and urgent public necessity being the public importance of creating a municipal power agency at the earliest possible date and the need to adopt concurrent ordinances on the same day as the other cities and that such emergency and urgent public necessity requires the consideration of such subject even if this notice has not been posted for at least 72 hours preceding the scheduled time of such meeting and that the notice of this meeting expressed such emergency and urgent 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 required by law. Section 4. The matters, facts and findings set out in the preamble of this Resolution are hereby found and declared to be true and complete. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this Resolution or the application thereof to any person or circumstance shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this Resolution to any other persons or circumstances shall not be affected thereby. Section 6. This Resolution shall be in effect from and after its passage. ADOPTED AND APPROVED this 10th day of November 1983. ATTEST: City SecreCy (SEAL) APPROVED Ci~- At't~W~e y -2-