Loading...
RES 2010-26 - FAILED TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2010-26 A RESOLUTION OF THE TOWN OF TROPHY CLUB, 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 TOWN TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING THE CHAIRMAN OF CAPP TO 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 TOWN’S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS THROUGH DECEMBER 31, 2018; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (Town) is a member of Cities Aggregation Power Project, Inc. (“CAPP”), a nonprofit political subdivision corporation dedicated to securing electric power for its 102 political subdivision members 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 members; and WHEREAS, the Town’s current contract for power with Next Era arranged through CAPP expires December 31, 2013; and WHEREAS, the CAPP Board of Directors is currently considering a blend and extend contract with Next Era with indicative retail energy prices that will reduce the prices under the current contract for the next three years and extend a fixed price for energy through December 31, 2018; and WHEREAS, the current contract is a master agreement between CAPP and Next Era endorsed by contract with individual 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 Resolution 2010-26 1 WHEREAS, experiences in contracting for CAPP load since 2002 demonstrated that providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, suppliers demand assurance that CAPP will pay for all contracted load; and WHEREAS, the Town must assure CAPP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through CAPP for the period beginning January 1, 2011, and extending through December 31, 2018; and WHEREAS, CAPP intends to continue to contract with Next Era (power supply) and Direct Energy (billing, administrative and other customer 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 Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1: That the CAPP Board and its consultants and advisors are agents authorized to negotiate for the Town’s electric power needs as a member of CAPP and extend the current supply agreement through December 31, 2018. Section 2: That the Town approves CAPP extending its current contract with Next Era for the supply of electric power and related, necessary services for the Town for a term to begin January 1, 2011 or as soon after finalization of a contract as possible and extending up to December 31, 2018, so long as the extension results in savings over the current contract term of 2011-2013 and results in fixed prices through December 31, 2018. Section 3: That the Chairman of CAPP is hereby authorized to sign a Commercial Electricity Supply Agreement (“CESA”) for the Town pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation, provided that the energy price to be paid per kWh in 2011-2013 is less than the current contract price for 2011-2013 resulting in savings for the Town and that the fixed price for the period 2011-2013 will continue through December 31, 2018. Section 4: That the Town will budget and approve funds necessary to pay electricity costs proportionate to the Town’s load under the supply agreement arranged by CAPP and the CESA signed by the Chairman of CAPP on behalf of the Town for the term beginning January 1, 2011 or as soon after finalization of a contract as possible and extending up to December 31, 2018. Resolution 2010-26 2 Resolution 2010-26 3 Section 5: That a copy of this Resolution shall be sent to Mary Bunkley with the City Attorney’s office in Arlington and Geoffrey M. Gay, legal counsel to CAPP. Section 6. That this Resolution shall become effective upon its passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 6th day of December 2010. ________________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: ___________________________________ Interim Town Secretary, Shannon DePrater Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas