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2007R46-Lowe's CIED Funds RESOLUTION NO. 07 -R-46 A RESOLUTION REQUESTING CPS ENERGY TO FUND AN ELECTRICAL INFRASTRUCTURE PROJECT FOR LOWE'S. 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 ("ClEO") Fund (which is not limited to the purposes of the Overhead Conversion Fund) and transferred all remaining funds from the Overhead Conversion Fund to the ClEO Fund; and WHEREAS, funding in the amount of more than $14,575 is currently available out of the City of Schertz's allocated portion of the ClEO Fund for certain electric utility facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ THAT: Section 1. The City Council of the City of Schertz (the "City") requests that CPS Energy authorize and appropriate $14,575 ofthe City's allocated portion of the ClEO Fund to be utilized for the cost of relocating electric utility poles serving the Lowe's Project. 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 ClEO Funds or directly by the City of Schertz. PASSED AND APPROVED BY THE City Council on October 16, 007. ATTEST: O~n; Secretary