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05 Finance
City-of-Paris
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12 December
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2008-12-15
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05 Finance
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Last modified
8/23/2012 9:27:47 AM
Creation date
12/12/2008 1:42:53 PM
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Template:
AGENDA
Item Number
05
AGENDA - Type
MISCELLANEOUS
Description
Electric power contract with CAPP
AGENDA - Date
12/15/2008
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place and purpose of said meeting was given, all as required by Chapter 551, Texas <br />Government Code; and <br />NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF <br />THE CITY OF PARIS, TEXAS THAT: <br />Section 1. The CAPP Member Contract, attached hereto and incorporated herein for <br />all purposes is deemed necessary and desirable for the City to meet its proprietary <br />functions and basic governmental responsibilities and is hereby approved. <br />Section 2. The City acknowledges that the Member Contract requires that certain <br />capacity payments payable by the City will be public property finance contractual <br />obligations pursuant to Texas Local Government Code Chapter 271, Subchapter A, <br />secured by a pledge of such member's ad valorem taxes, which will be assigned to <br />support debt issued by CAPP to pay the capacity costs of the PPA; and the City further <br />acknowledges that the fixed capacity component constitutes a long-term, general <br />obligation tax debt of the City that is secured by a pledge of the City's ad valorem taxes. <br />Section 3. The City of Paris hereby acknowledges that it has reviewed the Member <br />Contract and the Disclosure Statement dated September 10, 2008, and the City Manager, <br />or other appropriate officer or staff person of the City, is authorized and directed to sign, <br />date, and return by December 17, 2008, to CAPP both the Member Contract and such <br />Disclosure Statement. <br />Section 4. The City Manager, or other appropriate officer or staff person of the City, <br />is authorized to approve modifications and corrections to the Member Contract that are <br />necessary to conform to changes to the assigned cost in the PPA after all CAPP members <br />have made decisions regarding participation in the long-term PPA, so long as no such <br />changes increase the City's capacity payment obligations in any year from the amounts <br />reflected in the Member Contract attached hereto. <br />Section 5. The City Manager, or other appropriate officer or staff person of the City, <br />is authorized to sign additional agreements arranged by CAPP for the provision of <br />electricity during the period 2009-2013 that are necessary to meet the City's power needs <br />that exceed the power arranged through the Member Contract with CAPP, with the <br />understanding that any agreement for energy beyond 2009 is subject to the right of annual <br />appropriation. <br />Section 6. The City Manager, or other appropriate officer or staff person of the City, <br />is hereby authorized, empowered and directed from time to time and at any time to do <br />and perform all such acts and things and to execute, acknowledge and deliver in the name <br />and under the corporate seal and on behalf of the City all such instruments, whether or <br />not herein mentioned, as may be necessary or desirable in order to carry out the terms and <br />provisions of this ordinance, the Member Contract and the Disclosure. <br />Section 7. The City Manager, or other appropriate officer or staff person of the City, <br />is hereby authorized and directed to approve any changes or corrections necessary to this <br />4 <br />
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