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LLOYD, GOSSELINK, BLEVINS, ROCHELLE, <br /> BALDWIN & TOWNSEND, P.C. <br /> ATTORNEYS AT LAW <br /> <br /> 111 CONGRESS AVENUE TELEPHONE (512) 322-5800 <br /> SUITE 1800 Mr. Gay's Direct Linc: (512)322-5875 TELECOPIER (512)472-0532 <br /> AUSTIN, TEXAS 78701 EmaJl: ggay~lg]awfirm.com www. lalawfirm.com <br /> <br /> MEMORANDUM <br /> <br />TO: CAPP Members <br />FROM: Geoffrey M. Gay <br />DATE: September 5, 2003 <br /> <br /> RE: Resolutions Authorizing Signatory For 2004 CAPP Electric Services <br /> Agreement <br /> <br /> First Choice Power has notified CAPP that it will not offer the price necessary to <br />trigger the option for 2004 service under the electric services contract for 2003 signed <br />late last year. Yesterday, the CAPP Board authorized the release of a new request for <br />proposal from retail electric providers to serve CAPP's electric load in 2004. Since the <br />current contract option was not exercised and a new contract must be prepared and <br />signed, each CAPP member must designate an individual to sign a document <br />committing the member's load to the new CAPP contract (most likely to be signed in <br />October). <br /> <br /> Attached please find a model resolution for your consideration. This or a similar <br />document must be passed during the next four weeks. The model places the authority <br />to sign with the city manager or the city manager's designee. This year I encourage, <br />with the CAPP Board's permission, each city manager to designate Jay Doegey, <br />Chairman of CAPP, as the authorized signatory. If your city council is uncomfortable in <br />authorizing your city manager to delegate to CAPP the power to sign the contract on the <br />city's behalf, the model resolution can be modified by deleting the last phrase in the <br />header and the next to last sentence in Roman Numeral I under "Be It Resolved..." <br /> <br /> Given the savings and the favorable terms and conditions that CAPP has <br />achieved during 2002 and 2003, I am hopeful that most cities will find it expedient to <br />trust the CAPP Board (consisting exclusively of city employees) and pass the model <br />resolution in its current form. Please remember that the market expects 24-hour <br />acceptance of an offer of a given price. If you intend to rely upon the city manager or <br />other designated city employee to sign the contract, that person must be available <br />during the mid to late October time frame for immediate consideration of the contract. <br /> <br />1813\00~nac~mmo030905gmg <br /> <br /> <br />