06-A Tenaska III Water Contract Assignment

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DRAFT F:A TTORNEY\RESWORK\CURRENT\ Assignment ofTenaska III Water Service Contract Res February 22, 2006 RESOLUTION NO. A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE ASSIGNMENT OF THE WATER SERVICE CONTRACT BETWEEN TENASKA III TEXAS PARTNERS, LTD. AND THE CITY OF PARIS TO DIRECT ENERGY, A RETAIL ELECTRICITY PROVIDER AND A SUBSIDIARY OF CENTRICA, A BRITISH ENERGY COMPANY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of December, 2005, in Resolution No. 2005-150, approve the execution of a Water Service Contract with Tenaska III Texas Partners, Ltd., dated December 12, 2005; and, WHEREAS, Tenaska III Texas Partners, Ltd. have sold their cogeneration project in Paris and is no longer desirous of continuing with said Water Service Contract and has requested the City Council of the City of Paris to approve the execution of an assignment of the Water Service Contract to Direct Energy, a retail electricity provider and a subsidiary of Centrica, a British energy company; and, WHEREAS, the City Council desires to continue to contract for water service, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the assignment of the Water Service Contract from Tenaska III Texas Partners, Ltd. to Direct Energy be, and the same is hereby, approved. Section 3. That the Mayor of the City of Paris be, and he is hereby, authorized and directed to execute, on behalf ofthe City of Paris, the Assignment in the form of Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after the date of passage.