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RE 2017-0613.1 RESOLUTION NO. 2017-0613.1 RESOLUTION OF THE CITY OF COPPELL APPROVING COOPERATION WITH THE CITIES SERVED BY TNMP TO REVIEW TEXAS-NEW MEXICO POWER COMPANY’S APPLICATION FOR APPROVAL OF AN ADJUSTMENT TO ITS ENERGY EFFICIENCY COST RECOVERY FACTOR; HIRING LEGAL AND CONSULTING SERVICES 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 LEGAL COUNSEL. WHEREAS, on or about May 26, 2017, Texas-New Mexico Power Company (“TNMP” or “Company”), pursuant to the Public Utility Regulatory Act (“PURA”) § 39.905 and Public Utility Commission of Texas (“Commission” or “PUC”) Substantive Rule 25.181(f), filed with the Commission an application for a 201 Energy Efficiency Cost Recovery Factor (“EECRF”), PUC Docket No. 47217; and WHEREAS, the City of Coppell will cooperate with similarly situated city members and other city participants located within the TNMP service area 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 and direct any necessary litigation; and WHEREAS, working with the Cities Served by TNMP (“Cities”) to review the rates charged by TNMP allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, Cities has a history of participation in PUC dockets and projects, as well as court proceedings, affecting transmission and distribution utility rates in TNMP’s service area to protect the interests of municipalities and electric customers residing within municipal boundaries; and WHEREAS, PURA § 33.023 provides that costs incurred by cities in ratemaking activities 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 City is authorized to participate with Cities in PUC Docket No. 47217. 2. That subject to the right to terminate employment at any time, the City of Coppell hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any 1 necessary administrative proceedings or court litigation associated with an appeal of this application filed with the PUC. 3. That the City's reasonable rate case expenses shall be reimbursed by TNMP. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Chris Brewster, Counsel to Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this the hday of .. 14.......-e-- , 2017. / _1.41k • ilfri M:yor, C of -.. ATTEST: / / ( ::' rty Secretary 2