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RE 2017-0328.3RESOLUTION NO. 2017-0328.3 RESOLUTION OF THE CITY OF COPPELL, TEXAS SUSPENDING THE APRIL 21, 2017, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY'S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE WHEREAS, on or about March 17, 2017, Oncor Electric Delivery Company (Oncor), pursuant to Texas Public Utility Regulatory Act, hereinafter ("PURA") §§ 33.001 and 36.001 filed with the City of Coppell, Texas a Statement of Intent to increase electric transmission and distribution rates in all municipalities exercising original jurisdiction within its service area effective April 21, 2017; and WHEREAS, the City of Coppell is a member of the Steering Committee of Cities Served by Oncor ("Steering Committee") and will cooperate with the 156 similarly situated city members and other city participants in conducting a review of the Company's application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company prior to getting reasonable rates and direct any necessary litigation; and WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking proceedings are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1. That the April 21, 2017 effective date of the rate request submitted by Oncor on or about March 17, 2017, be and the same is hereby suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 1 TM 84672 2. As provided in the City's resolution approving membership in the Steering Committee,the Executive Committee of Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. 3. That the City's reasonable rate case expenses shall be reimbursed by Oncor. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed was noticed for open public session as required by law in accordance with states law and by home rule charter of the City. 5. A copy of this Resolution shall be sent to Oncor, Care of Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this the 4 8 day of WiltAG , 2017. • APP,'O , i: / , ren Se bo Hunt, ayor ATTEST: Istel Pettinos, i y Secretary ;(7 APPR! 1 •I , VI 1. 4 i Robert E.Hager,Cit •ttorney 2 TM 84672