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R99-094 11-08-99RESOLUTION NO. R99-94 A RESOLUTION AUTHORIZING AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE CERTAIN ACTION TO PROTECT THE SPECIAL INTEREST OF THE CITY OF PEARLAND IN CERTAIN LITIGATION; MAKING FINDINGS AND PROVIDING PARTICIPATION. WHEREAS, a class action involving gas companies and entities is now pending in a lawsUit styled City of San Benito, et al. vs. PG&E Gas Transmission, Texas Corporation, f/k/a VALERO ENERGY CORP. et aL, filed in the 107~h Judicial District Court of Cameron County, Texas; and WHEREAS, the City of wishes to continue to participate in the City of San Benito lawsuit; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: _ The City Council finds that the above findings are true and correct Section 1. and adopts same. Section 2. The City Council of the City of Pearland after having been fully informed of the terms of the release and settlement agreement and release and proposed ordinance by its attorney and/or class counsel, hereby accepts and approves the settlement agreement and release negotiated by class counsel in the above lawsuit. Furthermore, the City Council of the City of Pearland hereby accepts and approves the Ordinance negotiated by class counsel in the litigation, such acceptances and approvals to be complete upon final approval of the class settlement by the judge in the above cause. RESOLUTION NO. R99-94 Section 3. If any section, paragraph, clause or provision of this Resolution shall be for an reason held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 4. The Resolution was considered and passed by the governing body of the City of Pearland in an open meeting in accordance with the Texas Open Meetings Act. PASSED, APPROVED and November , A.D., 1999. ADOPTED this 8th TOM REID MAYOR day of ATTEST: APPROVED AS TO FORM: D~,'R-RIN M. COKER CiTY ATTORNEY 2