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R2004-051 04-12-04 RESOLUTION NO. R2004-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO JOIN A COALITION AND TO INTERVENE IN PROCEEDINGS RELATED TO THE APPLICATION OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, RELIANT ENERGY RETAIL SERVICES, LLC AND TEXAS GENCO, LP TO DETERMINE STRANDED COSTS AND OTHER TRUE-UP BALANCES PURSUANT TO PURA ! 39.262; AUTHORIZING THE CITY ATTORNEY TO REPRESENT THE CITY AND TO TAKE APPROPRIATE ACTIONS RELATING TO SUCH PROCEEDINGS; MAKING CERTAIN FINDINGS RELATED THERETO. WHEREAS, the Public Utility Commission will conduct hearings relating to the Application of CenterPoint Energy Houston Electric, LLC, Reliant Energy Retail Services, LLC and Texas Genco, LP to determine stranded costs and other true-up balances pursuant to Pura 9 39.262 and related proceedings (the "Proceedings") affecting rates and services provided by the companies throughout the State of Texas, including the City of Pearland,Texas;and WHEREAS, certain municipalities have indicated their desire to join with the City of Houston, Texas, in coalition of cities interested in the conduct of the Proceedings and to authorize the coalition to intervene on behalf of the participation municipalities therein; and WHEREAS, interested parties must seek party status soon after March 31,2004 to comply with the Intervention Deadline to be set in the Proceedings; and WHEREAS, City Council has determined that it is in the best interest of the City that the City intervene in the Proceedings to represent the City's interests; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the facts recited in the preamble hereto are hereby found to be true and correct and are hereby incorporated herein. Section 2. That the City is hereby authorized to assist in the organization of, and RESOLUTION NO. R2004-51 to join in, a coalition of municipalities and other parties having similar interests in the Proceedings. Section 3. That the City is hereby authorized to intervene in the Proceedings, either as a member of the coalition or otherwise, and to take legal and other actions as a party in the Proceedings affecting rates and services provided by the companies throughout the State of Texas, including the City of Pearland, Texas. Section 4. That the City Manager, or his designee or the Houston City Attorney and such outside counsel as the Coalition may select, shall represent the City in all of the Proceedings and are hereby authorized to take all legal and other actions necessary to forward the interests of the City in the Proceedings, including without limitation any hearings, conferences, negotiations and related Proceedings. Section 5. That this Resolution shall take effect immediately upon its passage and approval in the manner required by the City Charter and ordinances PASSED, APPROVED and ADOPTED this the 12th day of Apri 1 A.D., 2004. ~f2~ TOM REID MAYOR ATTEST: 2 RESOLUTION NO. R2004-51 APPROVED AS TO FORM: ~~~ RRIN M. COKER CITY ATTORNEY 3