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HomeMy WebLinkAbout10-1353 12-14-2010RESOLUTION NO. 10 -1353 A RESOLUTION OF THE CITY OF EULESS, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AND NECESSARY RELATED SERVICES AGREEMENT WITH NEXT ERA FOR A FIXED PRICE PER KWH THAT IS LOWER THAN CONTRACT RATES FOR 2011-2013, SAID EXTENSION TO CONTINUE UNTIL DECEMBER 31, 2018; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING THE CHAIRMAN OF CAPP T;O EXECUTE AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2011, OR AS SOON AFTER FINALIZATION OF A CONTRACT AS POSSIBLE; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS THROUGH DECEMBER 31, 2018. WHEREAS, Power Project Inc.. the City' of ( "CAPP ), Euless, Texas (City) is a member of Cities Aggregation a nonprofit political subdivision securing electric power for its 1 02 political' subdivision corporation members dedicated to in the competitive retail market; and WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings for its embers; and WHEREAS, the City's current contract fo power with Next Er nged through CAPP! expires December 31, 2013; and WHEREAS, the CAPP Board of Directors Is currently considering a blend nd extend contract with Next prices under the current contract energy through December 31,', 201 Era with indicative retail energy prices that will reduce the for the next three 8; and years and extend a fixed price for WHEREAS, the current contract is a master agreement between CAPP and Next Era endorsed by contract with individ ual CAPP members; and WHEREAS, CAPP must be able to commit contractually to prices in a blend and extend contract amendment within a 24 -hour period in order to lock-in favorable prices and WHEREAS, experiences in contracting for CAPP load since 2002 demonstrated that h providers demand immediate igher prices; and response to an offer and may penalize delay with Toad WHEREAS, suppliers' demand and assul nce tha CAPP will pay for a cony acted WHEREAS, the and honor City must assure CAPP that It will its commitments to purchase power the period for is budget for energy purchases electrical needs through CAPP for beginning January 1, 2011, and extending' through December 31,' 2018;' and WHEREAS, CAPP and Direct Energy intends to continue to contract with Next Era (billing, administrative and other customer (power supply) services); and WHEREAS, the, current contractual relationships, between CAPP and Next Era and Direct Energy have been beneficial and cost effective for CAPP members and the City; NOW THEREFORE, BE IT RESO OF EULESS, TEXAS, VED BY THE 'CITY COUNCI OF THE CITY THAT: ECTION 1 The CAPP Board and its con n _ott ultants and advisors are agen For the City *s' electric power needs as a member of s authorized to CAPP and extend the nt supply agreement through December 31, 201 8, SECTION 2 The supply of City approves electric January 1, 2011 to December CAPP extending its curren contract with Next Era for the power, and related, necessary services for the City for a term to begin or as soon after finalization of a contract as possible and extending up 31,' 2018, so long as the extension results in savings over the current 2011 -2013 and results in fixed prices through December 31 2018. contract term of SECTION 3 The Chairman of CAPP is hereby authorized to sign Supply Agreement (UCESA ")' for the a City pursuant to the Commercial Electricity contract approved and mmended by the CAPP Board of, Directors within 24 hours of mmendation, provided that the ess than the current contract price said approval and energy price to be paid per kWh in 2011 -2013 is for 2011 -2013 resulting in savings for the City and that the fixed for the period 20 11 -20 13 will continue through December 31, 2018 SECTION 4 The City proportionate to CESA signed will budget and approve funds necessary to pay the City's load under the supply agreement arranged by CAPP Chairman of electricity costs by the CAPP on behalf of the City , for the term and the beginning January 1, 2011 to December 31, or as soon after finalization of a contract as possible and extending up 2018. IT No. 10-1353 Page 2 SECTION A copy of the resolution shall be , sent to Mary Bun ley wlth the City At#{} eyes office In Arlington and Geoffrey NI. Oay, legal counsel to CAPPs APPROVED AND ADOPTED at a regular meeting of the 'Euless City Council on the 14th day of December 2010 by a vote of 7 eyes and o nays, and abstentions. APPROVED: ATTEST: Resolution t . ?0 -f Page