2002-023City of Southlake, Texas
RESOLUTION NO. 02-023
A RESOLUTION AUTHORIZING A STEERING COMMITTEE OF
AFFECTED CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE
CONSULTANTS; AUTHORIZING THE CITIES TO INTERVENE IN
RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION;
AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES
OF TXU GAS DISTRIBUTION COMPANY
WHEREAS, TXU Gas Distribution Company, (hereinafter called "TXU Gas"), on March
1, 2002, filed a Statement of Intent to Change Rates with individual cities for an increase in rates;
and
WHEREAS, the municipality of Southlake, Texas (hereinafter called "City") is a regulatory
authority having a statutory duty to participate in such proceedings and whose citizens will be
substantially affected by rates established as a result of such proceedings; and
WHEREAS, the City is entitled to be reimbursed for its reasonable expenses, pursuant to the
Texas Gas Utilities Regulatory Act; and
WHEREAS, a steering committee of distribution system cities has been formed to facilitate
and coordinate the participation of cities in the service area of TXU Gas in these rate proceedings;
and
WHEREAS, after having considered information from TXU Gas, it is the opinion of the
City Council that the proposed Schedule of Rates should be suspended for a period of ninety (90)
days from the effective date stated in TXU Gas' Statement of Intent or other documentation, as
initially filed or hereafter revised, for further study, investigation, presentation of evidence and
public hearing; and
WHEREAS, it is in the public interest to join with other cities to review such filing and
present evidence as may be appropriate before the Texas Railroad Commission, all as directed by the
steering committee of affected cities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
SECTION 1. That the City Council of the City of Southlake, Texas, authorizes Sharen Elam,
Director of Finance, to represent the City on the Steering Committee of affected cities (hereinafter
called "Steering Committee") and authorizes the Steering Committee of which the City is a
Resolution No. 02-023
Page 2 of 3
participating member, to retain legal counsel and engage rate case consultants, and to intervene on
behalf of the City in related dockets and appeals.
SECTION 2. In order to allow the City sufficient time to analyze and prepare for the hearing and
decision on any requested rates, the City Council hereby suspends the operation of the proposed
tariffs and Schedule of Rates, which would otherwise go into effect for a period of ninety (90) days
from the effective date stated in the TXU Gas Statement of Intent, or other documentation, as
initially filed or hereafter revised, i.e., suspension until midnight, July 3, 2002, and for such
additional period of time as may be necessary and authorized by law. During such period of
suspension, the rates in force shall be those rates in effect when the suspended schedule was first
filed and shall continue in force until finally approved, modified or denied by the City Council.
SECTION 3. The City should join with other participating cities to review such filing and cause to
be prepared a report and recommend a rate ordinance for the consideration of all participating cities
and to intervene before the Texas Railroad Commission, subject to the right to terminate such
participation at any time by written notice and to act independently in the exercise of local regulatory
authority.
SECTION 4. The City Secretary shall cause copies of this resolution to be sent to the TXU Gas
representative:
And to:
Autry Warren
Rate Manager, TXU Gas Distribution
1601 Bryan Street
Dallas, Texas 75201-3402
Mr. Jay B. Doegey
City Attorney
City of Arlington
Post Office Box 231
Arlington, Texas 76004-0231
for forwarding to the Steering Committee.
Resolution No. 02-023
Page 3 of 3
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE ON THIS 1.-O DAY OF 2002.
ATTEST:
Kim ush
Acti g City Secretary
APPROVED AS TO FORM:
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City Attorney