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1975-050NO 14o 30 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE TRANSFER AND SALE OF CERTAIN PROPERTIES BELONGING TO THIS CITY TO THE TEXAS MUNICIPAL POWER AGENCY, DECLARING AN EMERGENCY, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Municipal Power Agency ("Agency") has been heretofore created and established as a municipal corporation, a political subdivision of the State of Texas, and a body politic and corporate, and WHEREAS, such Agency and Brazos Electric Power Cooperative, Inc ("Brazos") have entered into a participation agreement pursuant to Article 1435a, V A T S designating Texas Power Pool, Inc as their agent and project manager, and WHEREAS, such Agency has expressed a desire and willingness to purchase, through the aforementioned participation agreement, the interest of this City in a certain oil terminal and in certain lig- nite deposits, such lignite interests being evidenced by options to lease lignite and options to purchase lignite, and WHEREAS, both the oil terminal and the lignite interests were originally acquired by the Cities of Bryan, Denton, Garland and Greenville, Texas, and Brazos as joint projects and all of such parties have indicated an agreement that the aforesaid Agency and Brazos may better administer, handle, and own such properties, the interests of the cities to be allocated to the interest which the Agency will own pursuant to the participation agreement between the Agency and Brazos NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT SECTION I It is hereby found that the interest of the City in the properties described in the preamble hereof (a) Could best be utilized and administered through the Texas Power Pool, Inc acting as agent for the Agency under the participation agreement between Agency and Brazos, that the use of such facilities would be a higher public use and a paramount public purpose since the same are not to be used by this City for the pur- pose of providing fuel for the electric generating facilities of the City (insofar as the lignite is concerned) since this City has determined that the construction of lignite fired generation facil- ities are not to be constructed by this City but may best be con- structed by the Agency and Brazos for the benefit of or use by all of the participants mentioned in the preamble hereof, and could be accomplished at a savings to the City, but the rights of the City, under the contract with the Agency, will not be adversely affected, and (b) Are to be transferred by the voluntary action of this City, and (c) Are to be replaced by property of equal value SECTION II At such time as the conveyance of such properties have been prepared and approved as to form by the City Attorney, the Mayor is authorized to execute such instruments of conveyance but such con- veyance shall be delivered to Texas Power Pool, Inc acting in the aforementioned capacity, when payment is made to this City SECTION III That due to the public urgency and necessity of this Ordin- ance, it shall take effect immediately from and after its passage PASSED and APPROVED this the 2nd day of December, A D 1975 TO JEST R , YOR CITY OF DENTO TEX OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS