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2010R75- CIED Funds (Caterpiller Project)RESOLUTION NO. 10-R-75 RESOLUTION REQUESTING CPS ENERGY TO FUND AN ELECTRICAL INFRASTRUCTURE PROJECT WHEREAS, in 1993, the CPS Energy Board of Trustees adopted a resolution establishing an Overhead Conversion Fund to finance the conversion of overhead utility lines to underground operations; WHEREAS, in 1995, the CPS Energy Board of Trustees adopted a resolution providing the definition of eligible projects; WHEREAS, on January 19, 2005 the CPS Energy Board of Trustees established the Community Infrastructure and Economic Development ("CIED") Fund (which is not limited to the purpose of the Overhead Conversion Fund) and transferred all remaining funds from the Overhead Conversion Fund to the LIED Fund; and WHEREAS, funding in the amount of more than $50,000 is currently available out of the City of Schertz' allocated portion of the LIED Fund for certain electric utility facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Schertz, Texas THAT: Section 1: The City Council of the City of Schertz (the "City") requests that CPS Energy authorize and appropriate an estimated amount of $50,000 of the City's allocated portion for the Caterpillar Overhead Line Rerouting Project in the City. The estimated amount may differ from actual costs accrued after construction is complete. If the actual cost exceeds the estimated cost, the difference is the responsibility of the City of Schertz and the balance will be paid from remaining CIED Funds or directly by the City of Schertz. Section 2: The City Council requests that the appropriated funds shall be drawn first from fiscal year 2010 CIED Funds. PASSED AND APPROVED BY THE City Council on December 7, 2010. CITY OF SC RTZ, XAS yor ATTEST: 9 City Secretary 50359790.1