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CC Resolution No. 1645 RESOLUTION NO. 1645 32 A RESOLUTION AUTHORIZING THE CITY OF BAYTOWN, TEXAS TO JOIN A COALITION AND TO INTERVENE IN PROCEEDINGS RELATED TO THE APPLICATION OF CENTERPOINT ENERGY HOUSTON ELECTRIC, L.L.C., RELIANT ENERGY RETAIL SERVICES, L.L.C. AND TEXAS GENCO, L.P., TO DETERMINE STRANDED COSTS AND OTHER TRUE-UP BALANCES PURSUANT TO SECTION 39.262 OF THE PUBLIC UTILITY REGULATORY ACT; AUTHORIZING THE CITY ATTORNEY TO REPRESENT THE CITY AND TO TAKE APPROPRIATE ACTIONS RELATING TO SUCH PROCEEDINGS; MAKING CERTAIN FINDINGS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Public Utility Commission will conduct hearings relating to the Application of CenterPoint Energy Houston Electric, L.L.C., Reliant Energy Retail Services, L.L.C. and Texas Genco, L.P., to determine stranded costs and other true-up balances pursuant to Section 39.262 of the Public Utility Regulatory Act and related proceedings (the "Proceedings") affecting rates and services provided by the companies throughout the State of Texas, Including the City of Baytown, Texas; and WHEREAS, certain municipalities have indicated their desire to join with the City of Houston, Texas, in a coalition of cities interested in the conduct of the Proceedings and to authorize the coalition to intervene on behalf of the participating 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 interest; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, 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 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 Baytown. 33 Section 4: That the City Attorney or the City Attorney and such outside counsel as 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 and all matters related to such Proceedings, including without limitation any hearings, conferences, negotiations, and related Proceedings. Section 5: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 8th day of April, 2004. /,.-CZ c eeV7 � ATTEST: PETE C. ALFARO, NTayor Z G Y . SIvAITH, ity Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Cit ttomey F:TK ren\Files\City Council\Resolutions\CoalitionwithHoustonReStrandedCostsandTrueUp4CenterPoint.doc 2