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RES 1184 11/09/1999 RESOLUTION NO. 1184 A RESOLUTION AUTHORIZING AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE CERTAIN ACTION TO PROTECT THE SPECIAL INTEREST OF THE CITY OF CIBOLO IN CERTAIN LITIGATION; MAKING FINDINGS AND PROVIDING PARTICIPATION WHEREAS, a class action involving gas companies and entities is now pending in a lawsuit styled City of San Benito, et al vs PG&E Gas Transmission Texas Corporation f/k/a VALERO ENERGY CORP. et al., filed in the 107"Judicial District Court of Cameron County, Texas; and WHEREAS, the City of CIBOLO, TEXAS wishes to continue to participate in the City of San Benito lawsuit; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIONERS OF CIBOLO GUADALUPE COUNTY, TEXAS: SECTION 1: The City Commission finds that the above findings are true and correct and adopts same. SECTION 2: The City Commission of the City of CIBOLO , after having the full opportunity to review and/or having been fully informed of the terms of the release and settlement agreement and release and proposed ordinance by its attorney and/or class counsel, hereby accepts and approves the settlement agreement and release negotiated by class counsel in the above lawsuit. Furthermore, the City Commission of the City of CIBOLO hereby accepts and approves the Ordinance negotiated by class counsel in the litigation, such acceptances and approvals to be complete upon final approval of the class settlement by the judge in the above cause. SECTION 3: If any section, paragraph, clause or provision of this Resolution shall be for an reason held to be invalid or unenforceable, the invalidity or unenforceablity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. SECTION 4:The Resolution was considered and passed by the governing body of the City of CIBOLO in an open meeting in accordance with the Texas Open Meetings Act. PASSED AND APPROVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF CIBOLO , TEXAS on this the ✓, 1999. day of CITY OIBOLO /S/ M R ATTEST: CIT SECRETA APPROVED AS TO FORM: /S/(/% � Q CITY ATTORNEY