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CC Resolution No. 11001978 RESOLUTION NO. 1110 A RESOLUTION AUTHORIZING THE CITY OF BAYTOWN TO PARTICIPATE IN THE COALITION OF CITIES FOR THE PURPOSES OF INVESTIGATING, EVALUATING, AND PRESENTING EVIDENCE IN REGARD TO THE PROPOSED HOUSTON LIGHTING & POWER COMPANY APPLICATION FOR INCREASED RATES; AUTHORIZING, IF NECESSARY, THE INTERVENTION OF THE COALITION OF CITIES IN ANY PROCEEDING BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS IN CONNECTION WITH THE REVIEW OF ANY RATE PROCEEDING INSTITUTED WITH REGARD TO THE PROPOSED APPLICATION FOR INCREASED RATES; AUTHORIZING THE CITY ATTORNEY OF THE CITY OF HOUSTON TO REPRESENT THE COALITION OF CITIES IN ANY PREFILING DISCUSSIONS AND IN ANY PROCEEDING BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS IN REGARD TO THE PROPOSED APPLICATION FOR INCREASED RATES; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, Houston Lighting advised the municipalities in its file an application for increased and & Power Company ( "HL &P ") has service area of its proposal to rates ( "proposed rate case "); WHEREAS, the City of Houston intends to retain professional consultants to conduct investigations, present evidence, advise its City Council and assist with any litigation relating to the proposed rate case; and WHEREAS, the City of Houston and other municipalities that are regulatory authorities having original jurisdiction over parts of the HL &P service area have entered into a coalition to cooperate in the proposed rate case; and WHEREAS, it is in the City of Baytown's ( "City ") best interest to participate in the proposed rate case through a Coalition of Cities in HL &P's service area; and WHEREAS, it is in the City's best interest to participate with the Coalition of Cities in proceedings before the Public Utility Commission of Texas ( "PUC") concerning the proposed application of HL &P for increased rates in the unincorporated portion of its service area and in any appeal to the PUC of the City's rate order in the proposed rate case; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The facts and recitation set forth in the preamble of this Resolution are hereby found to be true and correct. 1979 Section 2: The City Council hereby authorizes the participation of the City in the Coalition of Cities for the purposes of: (a) investigating, evaluating, and presenting evidence in connection with the proposed rate case; (b) participating in any appellate proceedings before the PUC relating to the proposed rate case; and (c) participating in any prefiling discussions concerning the proposed rate case; (d) participating in any proceeding before the PUC concerning the proposed application of HL &P for increased rates in the unincorporated portion of its service area. Section 3: The City Attorney of the City of Houston is hereby authorized on behalf of the City to represent the Coalition of Cities in any appellate proceedings before the PUC relating to the rate case, but only in the event that the rate orders of the City, the City of Houston and a majority of other member cities of the Coalition are appealed by HL &P to the PUC. Section 4: The City of Houston is hereby authorized on behalf of the City to represent the Coalition of Cities in any prefiling discussions and in any proceeding before the PUC concerning the proposed application of HL &P for increased rates in the unincorporated portion of its service area. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 27th day of September, 1990. AMMETT 0. HUTTO, mayor ATTEST: APPROVED: —RANDALL B. STRONG, y Attorney C:1:54:13