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RE 2010-0928.1RESOLUTION NO. 2010 - 0928.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE CITY MANAGER TO PURCHASE ELECTRICITY BY NEGOTIATING THE LOWEST POSSIBLE PRICE BASED ON A PER KILOWATT HOUR AND CHARGE FOR ALL MUNICIPAL RELATED SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has needs to purchase electricity for operation of public safety, traffic control, lighting, and other municipal related public purposes; and, WHEREAS, the purchase price of electricity is based on a per kilowatt hour charge and exempt from competitive bidding under state law; and WHEREAS, the cost of electricity is constantly fluctuating due to price based on commodity of natural gas prices; and WHEREAS, the City Manager has the ability to monitor constantly changing electricity pricing; and WHEREAS, the City Manager and the municipality has a less than seventy -two (72) hour window to make an election to select a favorable per kilowatt hour charge under such market conditions; and WHEREAS, the City Manager, after making, such election, will be required to execute an appropriate contract with an electrical utility provider for a per kilowatt hour charge for use of electricity for municipal purposes for approval by City Council; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The City Manager is authorized, on behalf of the City of Coppell, to select an appropriate electric utility provider and accept a proposal to purchase electricity from such provider on a per kilowatt unit pricing; and, is authorized to make such selection and negotiate a contract for approval and /or or ratification by the City Council to purchase electricity for municipal and other public purposes. SECTION 2. This Resolution shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY ORDERED by the City Council of the City of Coppell, Texas the 2D *ay of 2010. APPROVED: BOB MAHALIK, MAYOR PRO TEM ATTEST: LIBBY BA CITY SECRETARY TO FORM: ROBERT E. HAGEV, CITY ATTORNEY Page 2 TM 45320.2.9152010