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R-2042-5-02RESOLUTION NO. 2042-5-02(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING INTERVENTION IN GAS UTILITIES DOCKET 9292 AT THE RAILROAD COMMISSION; AUTHORIZING PARTICIPATION IN A STEERING COMMITTEE WITH OTHER CITIES SERVED BY TXU AND REQUIRING REIMBURSEMENT FROM TXU LONE STAR PIPELINE OF CITIES' REASONABLE RATE CASE EXPENSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TXU Lone Star Pipeline (LSP) filed a Statement of Intent with the Railroad Commission (designated as GUD 9292) on April 5, 2002, to surcharge residential and commercial gas customers who are residents of the City of Allen to cover costs associated with a new pipeline to serve the Metroplex; and, WHEREAS, the requested surcharges of 370 per month and $2.10 per month on residential and commercial customers, respectively, will adversely impact the City of Allen and its residents; and, WHEREAS, Cities served by TXU have a history of cooperation in gas rate matters and such cooperation in GUD 9292 will be efficient and cost effective in evaluating whether the proposed pipeline is reasonable and necessary and whether associated costs should be recovered in piecemeal ratemaking through a surcharge; and, WHEREAS, Pursuant to Utilities Code § 103.023, municipalities have standing to intervene in this case; ' and, WHEREAS, Pursuant to Utilities Code § 103.022, municipalities are entitled to reimbursement of their reasonable costs of participation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council of the City of Allen, Texas, authorizes the Assistant to the City Manager to represent the City on the Steering Committee of affected cities (hereinafter called "Steering Committee") and authorizes the Steering Committee of which the City is a participating member, to retain legal counsel and engage consultants, and to intervene on behalf of the City in related dockets and appeals SECTION 2. The Steering Committee formed to oversee this effort on behalf of cities is authorized to take all reasonable steps before the Railroad Commission and before the Courts as may be necessary in an appeal of a Commission Order. SECTION 3. LSP is hereby directed to promptly pay cities' rate case expenses as they are incurred. SECTION 4. The City Secretary of this municipality is hereby directed to deliver a copy of this Resolution to TXU Gas Distribution representative, Mr. Autry Warren, Rate Manager TXU Gas Distribution, 1601 Bryan Street, Dallas, TX 75201-3402 and to Mr. Jay B. Doegey, City Attorney, City of Arlington, P. O. Box 231, Arlington, TX 76004-0231fm forwarding to the Steering Committee. SECTION 5. This Resolution shall become effective immediately from and after its passage. 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 2ND DAY OF MAY, 2002. APPROVED: Stephen errell, MAYOR ATTEST: ( �Q mhh.Ca Judy Mo SEC on, CMC/AAE, CITY SECRETARY Resolution No. 2042-5-02lR1, Page 2