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RES 2008-16TOWN OF TROPHY CLUB RESOLUTION NO. 2008-16 A RESOLUTION OF THE TOWN COUNCIL OF TOWN OF TROPHY CLUB, TEXAS AUTHORIZING INTERVENTION IN THE PUBLIC UTILITY COMMISSION PROCEEDING INVOLVING THE REQUEST TO INCREASE ELECTRIC RATES OF ONCOR ELECTRIC DELIVERY COMPANY; AUTHORIZING PARTICIPATION IN A COALITION OF MUNICIPALITIES KNOWN AS THE ALLIANCE OF TXU/ONCOR CUSTOMERS ("ATOC"); PROVIDING FOR THE RETENTION OF EXPERTS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; SUCH O"rHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about July 1, 2008 Oncor Electric Delivery Company ("Oncor") is to file a request to increase its transmission and distribution rates by more than $275 million; and WHEREAS, in June 2008 four retail electric providers ("REPs") have gone out of business, forcing thousands of electric customers to purchase electricity at prices which are unheard of in the United States; and WHEREAS, the Oncor rate increase request is being filed at a time when the Public Utility Commission of Texas is considering requests for over $5 billion in new transmission projects. A large portion of the costs for these projects will be borne by customers located within the municipalities served by Oncor; and WHEREAS, the general rate increase being requested by Oncor is in addition to the surcharge being sought for advanced metering services; and WHEREAS, the Oncor rate increase requires the specialized expertise of lawyers and experts who concentrate on analyzing utility rate requests; and WHEREAS, the coalition known as the Alliance of TXU/Oncor Customers ("ATOC") was active at the Public Utility Commission of Texas in the Oncor 2007 rate request proceeding and· in the proceeding involving the acquisition of TXU Electric Distribution Company by Texas Entergy Future Holdings; and WHEREAS, participation in ATOC will benefit electric customers within our municipality by helping insure that Oncor rates are just and reasonable. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TOWN OF "rROPHY CLUB, TEXAS THAT: Section 1. The findings set out in the preamble to this resolution are in all things approved and adopted. Section 2. That the Town is authorized to join with other municipalities, public entities and commercial customers in order to participate in the Alliance of TXU/Oncor Customers (nATocn), to form a steering committee to provide direction and guidance to legal and consulting experts with regard to the Oncor 2008 General Rate Request. Section 3. That the Town authorizes the law firm of Herrera & Boyle, PLLC to act on behalf of the Town and ATOC in the Oncor 2008 General Rate Request and related proceedings. Section 4. Legal counsel for ATOC is authorized to take such actions in connection with the Oncor 2008 General Rate Request as are in the best interest of the customers of Oncor who are located within the Town's municipal boundaries, consistent with the instructions of the Steering Committee, including any administrative or judicial proceedings related to Oncor's 2008 General Rate Request. Section 5. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6.. That this resolution shall become effective from and after its passage. PASSED AND APPROVED this i h day of July 2008. Nick Sanders, MAYOR ATTEST: I PIIIQflnrJn DA OJJ1tJ(D~u.tlt ~N SECR~Y APPROVED AS TO FORM: