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11-I Electric Supply ContractDRAFT F:ALICEhO. EWORK\CURRENT CAPP Electric Supply Agr for 2004 Res September 5, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PROJECT, INC. FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2004; AUTHORIZING ELIGIBLE DESIGNEES TO INCLUDE THE CHAIRMAN OF CAPP. WHEREAS, the City of Paris, Paris, Texas (City), is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its more than 80 members in the competitive retail market; and, WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity in 2002 and 2003 for its members; and, WHEREAS, CAPP anticipates preserving current contract terms and achieving commodity prices in a contract for a 12 to 24 month period effective January 1, 2004 that continue to produce savings over the regulated price to beat (PTB); and WHEREAS, CAPP believes that the pricing opportunity window for favorable 2004-2005 deliveries will be short-lived (in the October to mid-November time period) and that CAPP members must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and, WHEREAS, experiences in contracting for 2002-2003 demonstrated that Retail Electric Providers demand immediate response to an offer and may penalize delay with higher prices; and, WHEREAS, the deregulated electric market is complex, likely to penalize those unaware of its transmission constraints and likely to reward those who can improve the size and shape of the particular load to be served and the City benefits from jointly shared experience and collective purchasing power through CAPP; and, WHEREAS, it is necessary for the City to contract for a supply of electricity for 2004 or at least partially revert to PTB rates; and, WHEREAS, CAPP's current delivered energy prices provide savings when measured against PTB, and PTB rates likely will continue to remain higher than prices CAPP can achieve on behalf of the City; 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 to this resolution are hereby in all things approved. Section 2. That the City Manager or his designee is hereby authorized to sign an electric power agreement pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation. The designee may include the Chairman of CAPP. The contract may be for a 12 to 24 month time frame. Section 3. That a copy of this resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to CAPP, before October 8, 2003. and PASSED AND APPROVED on this 8th day of September, 2003, by a vote of__ ayes __ nays at a regular meeting of the City Council of the City of Paris, Paris, Texas. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. ATTORNEYS AT LAW 111 CONGRESS AVENUE TELEPHONE (512) 322-5800 SUITE 1800 Mr. Gay's Direct Linc: (512)322-5875 TELECOPIER (512)472-0532 AUSTIN, TEXAS 78701 EmaJl: ggay~lg]awfirm.com www. lalawfirm.com MEMORANDUM TO: CAPP Members FROM: Geoffrey M. Gay DATE: September 5, 2003 RE: Resolutions Authorizing Signatory For 2004 CAPP Electric Services Agreement First Choice Power has notified CAPP that it will not offer the price necessary to trigger the option for 2004 service under the electric services contract for 2003 signed late last year. Yesterday, the CAPP Board authorized the release of a new request for proposal from retail electric providers to serve CAPP's electric load in 2004. Since the current contract option was not exercised and a new contract must be prepared and signed, each CAPP member must designate an individual to sign a document committing the member's load to the new CAPP contract (most likely to be signed in October). Attached please find a model resolution for your consideration. This or a similar document must be passed during the next four weeks. The model places the authority to sign with the city manager or the city manager's designee. This year I encourage, with the CAPP Board's permission, each city manager to designate Jay Doegey, Chairman of CAPP, as the authorized signatory. If your city council is uncomfortable in authorizing your city manager to delegate to CAPP the power to sign the contract on the city's behalf, the model resolution can be modified by deleting the last phrase in the header and the next to last sentence in Roman Numeral I under "Be It Resolved..." Given the savings and the favorable terms and conditions that CAPP has achieved during 2002 and 2003, I am hopeful that most cities will find it expedient to trust the CAPP Board (consisting exclusively of city employees) and pass the model resolution in its current form. Please remember that the market expects 24-hour acceptance of an offer of a given price. If you intend to rely upon the city manager or other designated city employee to sign the contract, that person must be available during the mid to late October time frame for immediate consideration of the contract. 1813\00~nac~mmo030905gmg My office will contact each city in the near future for an update on the timing of passage of an authorizing resolution and the name of the designated signatory. Please send a copy of the resolution upon passage to both the City Attorney's office in the City of Arlington and my office. Please feel free to call me if you have any questions. 1813\O0~mac~mmoO3OgO5gmg LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. ATTORNEYS AT LAW 111 CONGRESS AVENUE TELEPHONE (512) 322-5800 SUITE 1800 Mr. Cray's Dir~'tLine: (512)322-5875 TELECOPIER (512)472-0532 AUSTIN, TEXAS 78701 Email: g~ay~lglawfim].com www. lalawflrm.com MEMORANDUM TO: CAPP Members FROM: Geoffrey M. Gay DATE: September 5, 2003 RE: Electric Franchise Fees For 2002 Cities that recently received franchise fee payments in August for electric consumption in 2002 may have noticed a decline in value in comparison to comparable payment in 2001. Many cities may experience significant (double digit percentage) lost revenue. The primary causes for decreased fee payments are: first, a 1999 legislative change to a formulaic approach that became effective January 1, 2002 and second, 2001 was an extraordinary year for utility revenues because of high fuel costs and surcharges of previously under-recovered fuel costs. It is important to note that the selection of a particular retail provider over other potential providers plays no role in the calculation or payment of franchise fees. In other words, the franchise fee payments to CAPP member cities during 2003 for consumption within municipal limits during 2002 is not influenced by CAPP's choice of provider. Your city's franchise fee recovery would be the same irrespective of whether CAPP contracted with First Choice Power, TXU, Reliant, or any other retail electric provider that serves the Texas market. PUPA Section 33.008 now requires that franchise fees be based upon a factor (that will vary by city) multiplied by the total sales (kWh) within municipal limits. The factor is the ratio of kWh consumption within a city during 1998 and the franchise fees paid on those 1998 sales (factor = 1998 fees/1998 kWh). Thus, current franchise fees are not sensitive to changes in the price of electricity. Furthermore, it is the incumbent transmission and distribution or "wires" company that is responsible for paying franchise fees as a rental on the use of public rights-of-way. The franchise fees are recovered by the wires company as part of the non-bypassable rates set by the Public Utility Commission. CAPP's legislative agenda during the most recent regular legislative session included a bill to add an inflation adjustment to the statutory language on how electric franchise fees are to be calculated. The bill did not get out of committee. This issue will likely remain on CAPP's legislative agenda until the law is changed. 1813\00~mac~mmo030905gmg