RE 2006-1010.1
RESOLUTION NO. ~()fc,- /0/ [), (
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
APPROVING THE BYLAWS OF THE TEXAS CLEAN AIR CITIES COALITION (THE
"COALITION") OR COALITION OF CITIES AND OTHER LOCAL GOVERNMENT
ENTITIES AND ORGANIZATIONS FORMED TO PURSUE MUTUAL INTERESTS IN
RESPECT OF CERTAIN COAL-BURNING ELECTRIC POWER PLANTS PROPOSED
FOR CONSTRUCTION IN TEXAS, AND TO PRESERVE THE RIGHTS OF TEXAS
LOCAL GOVERNMENTS TO PROTECT THEIR AIR QUALITY AND THEIR ACCESS
TO SUFFICIENT AND REASONABLY PRICED ELECTRIC ENERGY; ACCEPTING
MEMBERSHIP IN SAID COALITION; APPOINTING A REPRESENTATIVE TO SERVE
ON BEHALF OF THE CITY OF COPPELL; APPROVING PAYMENT OF A
MEMBERSHIP ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Texas local governments and local government organizations are dedicated to
attaining clean air and reasonably-priced electric energy in sufficient quantities; and
WHEREAS, pending plans for the construction of approximately sixteen coal-burning electric
power plants in Texas before 2010 may adversely impact air quality in numerous Texas locales; may
adversely affect local governments' ability to attain and maintain federally-mandated clean air
standards, may adversely affect the health, morale, and productivity of local government officers and
employees and of local governments' residents, and may adversely affect the attractiveness, usefulness
of outdoor venues including parks and other entertainment and recreation facilities, and cause
diminution of local government revenue associated with such adverse affects; and
WHEREAS, the Coalition is committed to ensuring that said plants use generation methods
best calculated to minimize air pollution while still providing sufficient electric generating capacity for
Coalition members' needs at reasonable prices; and
WHEREAS, the Coalition seeks to ensure that the federal and state governmental agencies
that are responsible for permitting said construction provide full and fair consideration of the
Coalition's concerns, and that appropriate studies, reports, and expert opinions are presented to these
agencies in the course of their decision-making process;
WHEREAS, the adoption of full 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 of the Coalition; and
WHEREAS, failure to attain and maintain federally-mandated clean air standards, insufficient
electric energy, and unreasonably priced electric energy each can substantially and adversely affect,
among other important things, the level of economic activities in the Coalition members' jurisdictions
and hence their respective tax, franchise, right-of-way compensation and other sources of funding for
their respective general funds including the general fund of the city of Coppell; and
WHEREAS, jointly participating in permitting proceedings and related efforts with other local
governments and local government organizations will allow the city of Coppell to benefit from the
outcome of intervention in these proceedings while minimizing the costs of intervention; and
WHEREAS, upon review and consideration of the Bylaws for the Coalition, the city of
Coppell is of the opinion that it is in the best interest of Coppell and its residents to become a member
of the Coalition, and that an initial membership assessment equal to $10,000 being due and payable on
a date yet to be determined should be remitted to said Coalition in accordance with the By-Laws
thereof; and
WHEREAS, the City Council further finds that I[;~) 6) ~flu~./ ,
(title) ([~ 4"1 t.; 1 ~ ~JJ oj, / , should be appointed as the official representative for the city
of Coppell to the Coalition and should be authorized to act and vote in the city of Coppell' s behalf in
all respects in relation to the Coalition including any intervention in permit proceedings and related
appeals or, with the consent of this City Council, other litigation that the Coalition may conduct.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT
Section I. The recitals contained in the preamble of this Resolution are determined to be
true and correct and are hereby adopted as a part of this Resolution.
Section II. The Participation Agreement and Bylaws of the Texas Clean Air Cities
Coalition attached hereto as Exhibit "A," are hereby approved.
Section III. The Coppell City Council accepts membership in the Coalition.
Section IV. The Coppell City Council hereby approves payment to the Coalition in
accordance with the Participation Agreement and By-Laws of the Coalition of an initial membership
assessment of $1 0,000 to be due and payable on the dates to be set by the Coalition.
Section V. The Coppell City Council hereby appoints fI~/ ~4t("AJ ....(~.I.( /,
(title) (!/?,~L.~ P--rn.~ to serve as the city of Coppell's representative to the
Coalition and to act on its behalf in all respects in relation to the Coalition including any
intervention in permitting proceedings including related appeals, or other litigation that the
Coalition may conduct, without diminishing the power and authority of the City Attorney to conduct
litigation and of this City Council to approve settlement and matters reserved to the City Council by
Charter. It is understood that before the Coalition commences any litigation not directly concerned
with the permitting proceedings or related appeals, that the Coalition membership other than
associate members will be given reasonable notice and an opportunity to obiect and that members
who did not approve other litigation that the Coalition authorizes may withdraw from the Coalition
but without refund of any dues or assessments.
Section VI. The Coppell City Council agrees that the Council's representative is authorized
to take those steps that are reasonable and necessary to comply with the intent of this Resolution.
Section VII. This Resolution shall become effective immediately upon its passage.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the
jO'ljydayof(JmiA.J.JU ,2006.
ATTEST: