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RES 2001-13TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2001-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS OF CITIES AGGREGATION POWER PROJECT, INC., A POLITICAL SUBDIVISION CORPORATION; ACCEPTING MEMBERSHIP IN SUCH CORPORATION; AUTHORIZING PAYMENT OF AN INITIAL MEMBERSHIP FEE; APPOINTING A REPRESENTATIVE TO SERVE ON BEHALF OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is empowered under Texas Local Government Code Section 51.001 to adopt a resolution or rule that is for the good government of the Town, WHEREAS, Chapter 303 of the Texas Local Government Code, entitled Energy Aggregation Measures for Local Governments, allows political subdivisions to form a political subdivision corporation to act as an agent to negotiate the purchase of electricity, or to likewise 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; WHEREAS, Cities Aggregation Power Project, Inc. is a political subdivision corporation organized under said Chapter; WHEREAS, the negotiation for electricity by the corporation should result in lower electricity costs to the Town, WHEREAS, the TXU Cities Steering Committee has participated in numerous rate proceedings and rule -makings over the course of the last decade and, having investigated the impacts of electric deregulation, recommends participation of cities in aggregation projects and the creation of a political subdivision corporation to maximize opportunities for cost savings; WHEREAS, the TXU Cities Steering Committee has facilitated the creation of Cities Aggregation Power Project, Inc.; and WHEREAS, the Town of Trophy Club, Texas, seeks to become a member of Cities Aggregation Power Project, Inc.; and WHEREAS, the By -Laws of Cities Aggregation Power Project, Inc. require an initial membership fee of 1/z of 1% of the total annual electric bill for the Town for year 2000. Such fee shall not exceed $14,000; QATOWNSEC\Pending Resolutions\CAPP 052101.doc WHEREAS, the Town Council has the authority to designate and appoint a Town representative to the corporation to act on the Town's behalf. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. Section 2. The Articles of Incorporation and Bylaws of Cities Aggregation Power Project, Inc., a political subdivision corporation, attached hereto and incorporated herein for all purposes as Exhibits A and B respectively, are hereby approved. Section 3. The Town hereby accepts membership in Cities Aggregation Power Project, Inc. Section 4. The Town approves payment of an initial fee assessment equivalent to of 1% of the total annual electric bill for the Town in the year 2000. Such fee shall not exceed $14,000. Section 5 The Town of Trophy Club, Texas, hereby appoints Paul Rosenberger, Assistant to the Town Manager, and /or an authorized designee, to serve as the Town's representative to the corporation and to act on the Town's behalf. Section 6. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council/of the Tov£n of, Trophy Club, Texas, this 21" day of May, 2001. / Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] Q:\T0WNSECW1 Resolutions\Res200I\Res 2001-13.doc APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Q:\TOWNSEC\Pending Resolutions\CAPP 052101.doc