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HomeMy WebLinkAbout26-1332ORDINANCE NO. 2796 AN ORDINANCE OF THE CITY OF BRYAN, TEXAS, ADOPTED CONCURRENTLY WITH THE CITIES OF DENTON, GARLAND, AND GREENVILLE APPROVING THE PURCHASE AND EXCHANGE OF CERTAIN TRANSMISSION ASSETS BY THE TEXAS MUNICIPAL POWER AGENCY (“AGENCY”); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 18, 1975, the cities of Bryan, Denton, Garland, and Greenville (each, a “Member City” and collectively, the “Member Cities”) created the Agency; WHEREAS, effective September 1, 2016, the Member Cities and the Agency entered into a Joint Operating Agreement (as amended, the “JOA”); WHEREAS, the Agency is negotiating an agreement with Oncor Electric Delivery Company LLC for the purchase and exchange of certain transmission assets in Denton County, Texas (the “Jointly Owned Facility Exchange Transaction”), all as described in the Agency’s Resolution No. 2026-6-2, attached hereto as Exhibit “A” (the “Agency Resolution”); WHEREAS, the JOA requires that the sale by the Agency of transmission assets having an aggregate net book value in excess of $500,000 must be approved by the Member Cities; WHEREAS, the JOA also requires that an Agency contract involving an expenditure in excess of $10 million by the Agency must be approved by the adoption of concurrent ordinances by the Member Cities; WHEREAS, since the transmission assets being conveyed by the Agency under the Jointly Owned Facility Exchange Transaction have an aggregate net book value in excess of $500,000, and since such Transaction would involve the expenditure by the Agency of assets and cash in excess of $10 million, the Agency has requested that the Member Cities approve this transaction through the adoption of concurrent ordinances; WHEREAS, the City Council of the City of Bryan deems it advisable to approve the Jointly Owned Facility Exchange Transaction; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS: Section 1 That the City of Bryan approves the Jointly Owned Facility Exchange Transaction as described in the Agency Resolution. Page 1 of 2 Ordinance 2796 adopted July 14, 2026 Section 2 That the meeting at which this ordinance was passed was open to the public, as required by Section 551.001 et seq., Texas Government Code, and that advance public notice of the time, place and purpose of said meeting was given. Section 3 That this Ordinance shall become effective (i) upon adoption of this Ordinance by all Member Cities (ii) on the date it is adopted by the last Member City to adopt this Ordinance. PASSED AND APPROVED this the 14th day of July, 2026, at a regular meeting of the City Council of the City of Bryan, Texas, by a vote of 7 yeses and 0 noes. ATTEST: CITY OF BRYAN: ________________________________ ______________________________ Melissa Brunner, City Secretary Bobby Gutierrez, Mayor APPROVED AS TO FORM: ________________________________ Thomas A. Leeper, City Attorney Page 2 of 2 Ordinance 2796 adopted July 14, 2026 Page 1 RESOLUTION NO. 10679 A RESOLUTION APPROVING THE PURCHASE AND EXCHANGE OF CERTAIN TRANSMISSION ASSETS BY THE TEXAS MUNICIPAL POWER AGENCY (“AGENCY”) UPON THE CONCURRENT APPROVAL OF THE CITIES OF BRYAN, DENTON, AND GREENVILLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 18, 1975, the cities of Bryan, Denton, Garland, and Greenville (each, a “Member City” and collectively, the “Member Cities”) created the Texas Municipal Power Agency (“Agency”); WHEREAS, effective September 1, 2016, the Member Cities and the Agency entered into a Joint Operating Agreement (as amended, the “JOA”); WHEREAS, the Agency is negotiating an agreement with Oncor Electric Delivery Company LLC for the purchase and exchange of certain transmission assets in Denton County, Texas (the “Jointly Owned Facility Exchange Transaction”), all as described in the Agency’s Resolution No. 2026-6-2, attached hereto as Exhibit “A” (the “Agency Resolution”); WHEREAS, the JOA requires that the sale by the Agency of transmission assets having an aggregate net book value in excess of Five Hundred Thousand Dollars ($500,000.00) must be approved by the Member Cities; WHEREAS, the JOA also requires that an Agency contract involving an expenditure in excess of $10 million dollars by the Agency must be approved by the adoption of concurrent resolutions of the Member Cities; WHEREAS, since the transmission assets being conveyed by the Agency under the Jointly Owned Facility Exchange Transaction have an aggregate net book value in excess of Five Hundred Thousand Dollars ($500,000.00), and since such Transaction would involve the expenditure by the Agency of assets and cash in excess of $10 million dollars, the Agency has requested that the Member Cities approve this transaction through the adoption of concurrent resolutions; WHEREAS, the City Council of the City of Garland deems it advisable to approve the Jointly Owned Facility Exchange Transaction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS: Page 2 Section 1 That, subject to the concurrent approval of the cities of Bryan, Denton, and Greenville, the City of Garland approves the Jointly Owned Facility Exchange Transaction as described in the Agency Resolution. Section 2 That, if all Member Cities approve the Jointly Owned Facility Exchange Transaction, this Resolution shall become effective on the date the last Member City approves the Jointly Owned Facility Exchange Transaction. PASSED AND APPROVED this the 21st day of July, 2026. CITY OF GARLAND, TEXAS __________________________ Mayor ATTEST: ______________________ City Secretary