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Ord. 2014-03 - coalition of cities for Entergy to transfer ownership to ITC Holdings, 11-13ORDINANCE 2014 -03 AN ORDINANCE OF THE CITY COUNCIL OF HUNTSVILLE, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN PUBLIC UTILITY COMMISSION DOCKET NO. 41850 WHEREAS, Entergy Texas, Inc.'s ( "ETI ") and ITC Holdings ( "ITC ") have filed a joint application for approval of change of ownership and control of transmission business, transfer of certification rights, and related relief with the Public Utility Commission of Texas ( "PUC" or "Commission "), docketed as Docket No. 41850; WHEREAS, the City has passed a Resolution supporting a finding of public interest for ETI's and ITC's proposal for change in ownership and control of the transmission business and transfer of certification rights conditioned upon the Commission's approval of the commitments made by ETI and ITC to Cities and referenced in City's Resolution. WHEREAS, ETI and ITC have re -filed their application for approval of change of ownership and control of transmission business, transfer of certification rights, and related relief so as to include the commitments made to Cities as part of the record evidence in the case. WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to TEX.. UTIL. Code § 33.025; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1. The City of Huntsville shall participate with other Cities as part of the Entergy Texas, Inc. Service Area Steering Committee in ETI's and ITC's joint application for approval of change of ownership and control of transmission business, transfer of certification rights, and related relief filed with the Public Utility Commission in 2013 and shall seek appropriate regulatory relief consistent with the City's Resolution conditionally supporting a public interest finding. SECTION 2. The City is authorized to join with other municipalities as part of the Entergy Texas, Inc. Service Area Steering Committee. SECTION 3. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed transaction before state regulatory authorities and any court of law with the understanding that the Steering Committee will provide direction and guidance to the lawyers who are representing said cities. The City authorizes counsel to employ such rate experts as are recommended by the Cities' Steering Committee. SECTION 4. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 5. This Ordinance shall be effective from and after the date of its passage. PASSED by a -1 vote of the City Council of the City of Huntsville, Texas, this 19`x' day of November 2013. THE CITY OF HUNTSVILLE, TEXAS Mac oodward, ayor APPROVED AS TO FORM: , City Attorney