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R2000-074 06-12-00RESOLUTION NO. R2000-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF pEARLAND, TEXAS, SUPPORTING LITIGATION INVOLVING UTILITY FRANCHISE FEES. WHEREAS, the Cities of Wharton, Galveston, and Pasadena have prevailed in a verdict in the class action suit styled Cities of Wharton, et al v. HL&P, et al; and WHEREAS, our City has remained an unnamed class member in the above- referenced class action suit and has kept itself informed about this class action suit; and WHEREAS, our City continues to support and is interested in the adjudication of its similar claims against the defendants in the above-referenced suit in the exercise of our dutyas good stewards over the public treasury; and WHEREAS, our City's individual damage claims still remain open for resolution in the above-referenced litigation, and we wish to obtain a determination of the amounts that are due and owing to our City; and WHEREAS, we continue to support the efforts to recover the amounts owed to our City, if any, and desire our claims to be resolved in this case; and WHEREAS, we have been informed that there are efforts being undertaken to attempt to decertify and/or prevent the resolution of our City's claims in the above- referenced litigation which efforts we oppose; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the Cityof Pearland supports the above-referenced litigation and its efforts to recover amounts that may be due and owing to us by the defendants. We hereby authorize the attorneys representing the Cities in the above-referenced case to file all necessary and appropriate pleadings and motions on our behalf to insure the RESOLUTION NO. R2000-74 ~ reasonable resolution of our City's damage claims against the defendants, including, but not limited to, the filing of petitions in intervention in the case to protect our City's interests. ADOPTED this the 12th day of PASSED, APPROVED, and June , A.D., 2000. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2