08-E Texas Clean Air Cities Coalition (2)

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THE STATE OF TEXAS COUNTY OF 9 ~ s TEXAS CLEAN AIR CITIES PARTICIPATION AGREEMENT AND BY-LAWS THESE PARTICIPATION AGREEMENT AND BY-LAWS ("Agreement") are made and effective as of _ day of > 2006, by, between and among the CITY OF DALLAS, TEXAS ("City"), the CITY OF HOUSTON, TEXAS, and the OTHER MEMBER LOCAL GOVERNMENT UNITS AND ORGANIZATIONS of the TEXAS CLEAN AIR CITIES COALITION (the "Coalition" or 'TCACC"). This Agreement is authorized by the Texas Interlocal Cooperation Act (VT.c.A. Texas C'JOvernment Code, Chapter 79]), and other authorities. W J T N E SSE T H: WHEREAS, the members of the Coalition are dedicated to attaining clean air and reasonably- priced electric ener!:,l)' in sufficient quantities~ WHEREAS, the construction of many coal-burning electric power plants in Texas before 2010 may adversely impact air quality in numerous Texas cities and other local government jurisdictions including several of the Coalition members and adversely affect their ability to attain and maintain federally-mandated clean air standards and adversely affect the health, morale, and productivity of their officers and employees and of their' residents, as well as the attractiveness, usefulness of outdoor venues including parks and other entertainment and recreation facilities, and diminution of their revenue associated with such adverse affects~ WHEREAS, the members of the Coalition are committed to ensuring that said plants use technology and operating processes that minimize air pollution while still providing sufficient electric generating capaci ty for their needs at reasonable pnces; WHEREAS, the Coalition members are deeply concerned that the governmental agencies that are responsible for permitting said construction may not be using procedures and standards that provide fuJl and fair consideration TCACC's concerns, including procedures and standards that adequately consider the potential cumulative impact of numerous additional plants and which require the cleanest practicable available processes and technologies; WHEREAS, the adoption offull and fair procedures and standards by state and federal agencies that adjudicate and adopt rules on environmental matters is of fundamental importance to all members ofTCACC; WHEREAS, failure to attain federally-mandated clean air standards, insuflicient electric energy, and unreasonably priced electric energy each can substantially and adversely affect, among other important things, the level of economic activities in the environs of Coalition members and hence their tax, franchise, right-of-way compensation and other sources of funding for their respective general funds including the General Fund of the City;