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RES 2005-35TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005 - 35 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE CITIES AGGREGATION POWER PROJECT'S ("CAPP'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 TEN-YEAR (10-YEAR) PERIOD WHEREAS, the Town of Trophy Club ("Town") is a member of Cities Aggregation Power Project, Inc. ("CAPP"), a nonprofit political subdivision corporation dedicated to securing electric power for its more than 80 members in the competitive retail market; and WHEREAS, 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 Town; and WHEREAS, CAPP is in the process of negotiating a 10-year capacity supply contract for the Town's base load electric needs (approximately 55% of the Town'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. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section I. The efforts of the CAPP Board to secure coal capacity for the Town of Trophy Club's base load electric capacity needs for a fixed price for a 10-year period commencing in the 4th quarter of 2007 are hereby ratified. Section 2. The Town of Trophy Club endorses the CAPP Board committing to a letter of intent to contract for coal capacity with the understanding that: 1. 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; 2. The Town of Trophy Club will have an opportunity to review and approve or reject a 10-year contractual agreement to supply all the city's power needs; and 3. CAPP will issue bonds to secure funding of amounts necessary to prepay the capacity portion of the coal supply contract. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 7" day of November, 2005. Nick Sanders, Mayor Town of Trophy Club ATTEST: Lisa ~amse~, Town secretby Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas