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Res 044-2006 3/21/2006 RESOLUTION NO. �-}�� — v�O�CQ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE ASSIGNMENT OF A THIRD GENERATION NON-ANNEXATION AGREEMENT WITH MIRANT WICHITA FALLS, L.P. TO SIGNAL HILL WICHITA FALLS POWER, L.P; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, on October 16, 2001, the City Council approved a third-generation non-annexation agreement with Mirant Wichita Falls, L.P.; and WHEREAS, Mirant is in the process of selling their co-generation electric power generating facility to Signal Hill Wichita Falls Power, L.P.; and WHEREAS, both the seller and the buyer desire to assign all rights and obligations of this non-annexation agreement to the new owners; and WHEREAS, the City Council desire to approve the assignment of this non- annexation agreement to the new owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Authorization is hereby approved to assign the existing non-annexation agreement between the City of Wichita Falls and Mirant Wichita Falls, L.P. to Signal Hill Wichita Falls Power, L.P. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 21st day of March, 2006. � MAYOR ATTEST: ity Clerk