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R-2441-9-05RESOLUTION NO. 2441-9-05(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE CITIES AGGREGATION POWER PROJECT'S LETTER OF INTENT TO ENTER INTO NEGOTIATIONS FOR A CAPACITY CONTRACT WITH THE OWNER OF COAL (INCLUDING TEXAS LIGNITE) GENERATION TO SUPPLY THE BASE LOAD ELECTRIC POWER NEEDS (APPROXIMATELY 55%-60% OF TOTAL ENERGY NEEDS) FOR CAPP MEMBERS OVER A 10 -YEAR PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen ("City") is a member of Cities Aggregation Power Project, Inc. ("CAPP") and said membership has resulted in average annual energy savings over 20% off of the Public Utility Commission ("PUC") approved price to beat; and, WHEREAS, all retail power bids from various Retail Electric Providers (REPS) in the deregulated electric retail market have been directly linked to natural gas futures prices; and, WHEREAS, natural gas prices have been extremely volatile and have caused substantial increases in the price of electricity paid by the City; and, WHEREAS, CAPP is in the process of negotiating a 10 -year capacity supply contract for the city's base load electric needs (approximately 55% of the city's total electric energy needs) for a fixed price that should provide considerable economic benefit and greater price stability in comparison to traditional energy contracts with REPS; and, WHEREAS, coal-fired capacity in Texas available to retail load is scarce and the situation giving rise to the Letter of Intent reflects a unique opportunity for CAPP members to increase savings and reduce electric price volatility; and, WHEREAS, the owner of the coal capacity needs a letter of intent by the end of September 2005 and desires completion of a contract by December 31, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The efforts of the CAPP Board to secure coal capacity for the City of Allen's base load electric capacity needs for a fixed price for a 10 -year period commencing in the 0 quarter of 2007 are hereby ratified. SECTION 2. The City of Allen endorses the CAPP Board committing to a letter of intent to contract for coal capacity with the understanding that: (a) CAPP will provide proof of economic benefit of coal capacity and energy from a coal and gas mix in comparison to exclusive reliance on energy priced on 100% gas generation coupled with a conservative forecast of natural gas prices; (b) the City of Allen will have an opportunity to review and approve or reject a 10 -year contractual agreement to supply all the city's power needs; and (c) CAPP will issue bonds to secure funding of amounts necessary to prepay the capacity portion of the coal supply contract. ' SECTION 3. This Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN ' COUNTY, TEXAS ON THIS THE 27Th DAY OF SEPTEMBER 2005. APPROVED: -4� Stephen TZrrell, Mayor 1 ATTEST: Shelley B. Geo TRIC, C SECRETARY Resolution No. 2441-92441-9-05M, Page 2