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R.t"6otlL--f I on ;tOOl' 03 A RESOLUTION AUTHORIZING THE CITY OF LA PORTE, TEXAS TO JOIN WITH THE HOUSTON-GALVESTON AREA COUNCIL AS INCORPORATORS OF THE H-GAC ENERGY PURCHASING CORPORATION WHEREAS, Senate Bill 7, enacted by the 76ili Texas Legislature, restructures electric power within the State of Texas; and WHEREAS, Section 303.001 of the Local Government Code authorizes political subdivisions to join together to form a political subdivision corporation to negotiate the purchase of electricity or to aid or act on behalf of the political subdivisions for which the corporation is created with respect to their own electricity use for their respective public facilities; and WHEREAS, the Houston-Galveston Area Council, a political subdivision of the State under Chapter 391 of the Local Government Code, has conducted a cooperative purchasing program for more than twenty-five years and now joins with another political subdivision as incorporators of the H-GAC Energy Purchasing Corporation ("Corporation") a political subdivision corporation; and WHEREAS, the City of La Porte, a political subdivision of the State, wishes to join with the Houston-Galveston Area Council as incorporators of the Corporation for the purpose of obtaining electricity for its public facilities, at the lowest cost providing the best value, thereby benefiting its citizens and taxpayers; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT: Section 1. The City of La Porte ("City") agrees to join with the Houston-Galveston Area Council as incorporators of the H-GAC Energy Purchasing Corporation and to participate in the Corporation. Section 2. The City hereby approves the H-GAC Energy Purchasing Corporation Articles of Incorporation, attached as Exhibit A, and Bylaws, attached as Exhibit B. Section 3. The City agrees to cooperate with the Corporation in providing data related to electricity demand for its accounts, and other information that may assist in preparing bid solicitations or requests for proposals. Section 4. By approving this resolution, the City of La Porte does not create an obligation for the City, nor does it authorize the Corporation to actually purchase electricity on its behalf without the City's prior consent to specific purchases. The City understands that prior to authorizing the purchase of electricity through contracts negotiated by the Corporation, information detailing procurement terms will be provided. The City may then purchase electricity through contract(s) negotiated by the Corporation on its behalf by issuing an order, resolution, purchase order or other binding agreement under terms that are materially the same as the terms the Corporation originally described in the information presented to the City. Section 5. The City agrees to allow the Corporation to use its name as a participant in descriptions of the Corporation. PASSED AND APPROVED this ~. day of f't\ Lt.L;:l , 2001 at a regular meeting of the City Council of the City of La Porte, Harris County, Texas. V CITY OF LA PORTE, TEXAS Bv/[~~?h..fi~ Title: m A- Y () {