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Res 110-2001 9/18/2001Y RESOLUTION NO. 110 -2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN ELECTRIC SUPPLY AGREEMENT WITH THE WINNING BIDDER FOR THE ELECTRIC LOAD OF CITIES AGGREGATION POWER PROJECT, INC., UPON CONFIRMATION OF ECONOMIC BENEFIT TO THE CITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls, Texas ( "City ") is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its members in the competitive retail electric market effective January 1, 2002; and WHEREAS, CAPP has received bids from qualified bidders to serve approximately 70 CAPP members more than 700 million kWh annually; and WHEREAS, CAPP has the expectation of negotiating with one or two bid finalists while simultaneously working with a designated representative from each member City to establish and maximize economic benefit; and, WHEREAS, CAPP has provided a window of opportunity for its member cities to confirm that the winning bid provides economic advantage to each member when the pricing and terms of the winning bid are compared to perpetuation of service from the affiliated provider of the incumbent utility with price to beat rates and independent economic advantage with regard to the pricing of large non -price to beat accounts; and, WHEREAS, it is necessary for the City to act expeditiously within the period between the announcement of the winning bid and the signing of power contracts; and, WHEREAS, it is necessary for the City to have a contract for the supply of electricity in the new competitive environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Attorney is hereby charged to confirm or not confirm that: (a) the winning bid to supply CAPP's load will economically benefit the City when measured against service from the affiliated REP of the incumbent utility and (b) to work with CAPP in the finalization of the contracting process and commitment of specific electric accounts of the City to the aggregated load. SECTION 2. The City Manager is authorized to sign the necessary power supply contracts or agreements ratifying the City's participation in CAPP after confirming that a CAPP- negotiated contract or agreement would serve the best interests of the City. SECTION 3. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 18th day of September, 2001. LI-L,4 zdj4in� ,�r F / MAYOR ATTEST: