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RE 2002-06-25.1RESOLUTION NO. 2002-0625.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, DENYING TXU GAS DISTRIBUTION'S REQUEST TO CHANGE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about March 1, 2002, TXU Gas Distribution, a division of TXU Gas Company filed with the City of Coppell a Statement of Intent to change gas rates in all municipalities within the North Texas Metroplex Distribution System effective April 5, 2002; and WHEREAS, the City of Coppell, by Resolution No. 2002-0319.3, suspended the effective date of the proposed new rates for ninety (90) days to evaluate the reasonableness of existing rates and the merits of TXU's proposed changes; and WHEREAS, the City of Coppell participated with other municipalities in a comprehensive review of TXU Gas Distribution's application; and WHEREAS, consultants and counsel retained by the coalition of cities have recommended denial of the Company's application based upon a report from consultants demonstrating that the revenue requirement of the North Texas Metroplex Distribution System is being met under current rates; and WHEREAS, that recommendation has been endorsed by the Steering Committee of city representatives who have coordinated the review of TXU Gas Distribution's rate application; and WHEREAS, the Gas Utilities Regulatory Act provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. The TXU Gas Distribution's Statement of Intent to change gas rates within the North Texas Metroplex Distribution System and the City of Coppell, Texas be in all respects denied. 1 48534 SECTION 2. The costs incurred by the City of Coppell in reviewing TXU's application be promptly reimbursed by the Company. SECTION 3. A copy of this resolution, constituting final action on TXU's application be forwarded to appropriate designated representatives of TXU as follows: Autry Warren, Rates Manager, TXU Gas Distribution, 1601 Bryan Street, Dallas, TX 75201-3402. SECTION 4. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the 25th day of June, 2002. CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, ClTY SECRETARY ROBERT E. HAGER. CITY ATTORNEY 2 48534