Item 5ICity of Southlake, Texas
MEMORANDUM
March 14, 2006
TO: Shang Yelverton, City Manager
FROM: Sharen Jackson, Finance Director
SUBJECT: Resolution No. 06 -015, Authorize the execution of the Gas Standing Steering
Committee participation agreement.
Action Requested: Approval of Resolution No. 06 -015
Background
Information: The original Gas Cities Steering Committee was formed several years ago in
response to a gas gate rate filing by Lone Star Gas Company (TXU Gas and
Atmos Energy's predecessor), Over the past six years, the gas distribution
systems have been consolidated and the gas company has filed rate cases
annually. With the passage of the gas reliability infrastructure program (GRIP)
statue, this pattern is likely to continue. The current Steering Committee has
recommended the establishment of a more formal organizational structure that
will enable cities to respond more quickly to these frequent gas rate filings.
The Gas Standing Steering Committee organization will work similar to the
Electric Standing Steering Committee. The Steering Committee will have
authority to act for members with each member retaining the ability to opt out
of any proposed rate case action. The creation of the Steering Committee is a
means for cities to cooperate to assure the public interest is protected and gas
and other utility rates are ,just and reasonable.
A participation fee of 5 cents per capita, according to Southlake's population
shown in the most recent TML Directory of Texas City Officials (Southlake's
population was 24,555). The fee is being assessed to cover the costs of
lawyers and consultants in representing the Atmos cities in current and
upcoming gas utility regulatory and rate making cases to preserve the cities'
regulatory authority and reduce gas costs. Expenses incurred are reimbursable
by the regulated utility.
A city may terminate its membership by action of its governing body, or if said
city fails to pay its membership fee in full within one - hundred days after
notification of fee due.
Financial
Considerations: Initial participation fee of 5 cents per capita of $1,227.75
Shana Yelverton, City Manager
March 14, 2006
Citizen Input/
Beard Review: None required
Legal Review: The steering committee attorney prepared the resolution and agreement.
Alternatives: Approve or deny.
Supporting
Documents: Resolution No. 06 -015
Atmos Gas Standing Steering Committee Participation Agreement
Staff
Recommendation: Approve Resolution. No. 06 -015
RESOLUTION NO. 06-015
A RESOLUTION AUTHORIZING THE EXECUTION OF
THE GAS STANDING STEERING COMMITTEE
PARTICIPATION AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS:
1.
The City Manager or designee is hereby authorized to execute the Atmos Gas
Standing Steering Committee Participation Agreement, a substantial copy of which is
attached as Attachment 1.
Ii.
Naming Sharen Jackson. Director of Finance
INANE] [rrrLE]
siackson@ci.southlake.tx.us , 1400 Main Street, Suite 440
[EMAa, ADDRESS] [STREET)
Southlake 76092 , Texas , as the
[CITY] [ZIP CODE)
representative to receive notices and carry out the responsibilities for the city as set forth
in Attachment 1.
Authorizing the payment of the initial participation of 50 per capita, according to
City's population shown in the most recent TML Directory of Texas City Officials.
IV.
Directing that a certified copy of this resolution and the approved participation fee
be sent to:
Jay Doegey
City of Arlington
Post Office Box 231
Arlington, Texas 760040231
PRESENTED AND PASSED on this the day of , 2000_, by a
vote of ayes and nays at a regular meeting of the City Council of the City
of Southlake, Texas.
ATTEST:
Signature
Printed Name
Printed Name
Printed Title
Signature
APPROVED AS TO FORM:
Printed Name
Printed Title
Signature
(2)
THE STATE OF TEXAS §
ATMOS GAS STANDING STEERING COMMITTEE
COUNTY OF § PARTICIPATION AGREEMENT
THIS Agreement is made and entered into on this the day of ' 2006,
by, between and among the CITY OF SOUTHLAKE, TEXAS ( "CITY ") and member cities of the
GAS STANDING STEERING COMMITTEE ( "GSSC "). This Agreement is authorized by the
Texas Interlocal Cooperation Act (V.T.C.A. Texas Government Code, Chapter 791), and other
authorities.
WITNESSETH:
WHEREAS, the cities in the service area of Atmos Gas have worked together collectively in a
coalition to participate in the regulatory process to assure gas rates charged were just
and reasonable; and
WIIIREAS, the nature of gas utility regulation is undergoing substantial change as a result of
state and federal legislation; and
WI-1EREAS, there remains a need for cities to cooperate to assure the public interest is protected
and gas and other utility rates are,just and reasonable; and
WHEREAS, regulatory changes now require quick response in order to have meaningful input
into the rate setting process; and
WHEREAS, it is necessary to provide adequate resources to enable cities to act quickly,
decisively, and jointly on gas utility regulatory developments; NOW THEREFORE,
In consideration of the premises, agreements, covenants and promises set forth herein, it is
agreed as follows:
1.
Atmos Gas Standing Steering Committee
Membership and Executive Committee
The CITY and the member cities hereby form. the Gas Standing Steering Committee
( "GSSC "). Each member city shall, by action of its governing body, approve its membership in the
GSSC and designate its representative to receive notices and participate in and vote at GSSC
meetings. The GSSC shall be composed of all cities paying the current nonrefundable membership
fee. The membership fee shall be established from time to time by the Executive Committee, The
fee for the initial period (approximately one year) is 5¢ per capita, according to the CITY's
population listed in the most recent Texas Municipal League Directory of Texas City Officials The
members shall elect an Executive Committee consisting of no more than twenty (20) persons which
shall function as the Board of Directors. The Executive Committee shall at least include a
representative from all member cities with a population greater than 100,000, according to the most
recent Texas Municipal League Directory of Texas City Officials. The remainder of the
representatives shall be selected based upon diversity of geographic location and city population
size. Each city on the GSSC and each city on the Executive Committee shall have one vote,
respectively, Meetings of the Executive Committee shall be open to each city on the GSSC
whether or not it has a representative on the Executive Committee,
2.
Po wers of the Executive Committee
The CITY and the member cities delegate to the Executive Committee the power to
intervene on behalf of GSSC member cities in gas projects, rulemaking, rate case, and related
dockets and appeals thereof, represent the interests of cities in utility matters before state and
federal legislative bodies and to pay for such activities. A member city may subsequently request
and cause its party status to be withdrawn from such activities. The Executive Committee shall fix
the amount of the membership fee from time to time,
3.
Election of Officers
The Executive Committee shall elect a chair and any co- chairs as it deems necessary who
shall serve at the pleasure of the Executive Committee, The Executive Committee shall also elect a
secretary /treasurer,
4.
Powers of the Officers
Each officer elected shall serve at the pleasure of the Executive Committee up to a term of
four (4) years. The Executive Committee shall elect or re -elect officers at least every four (4) years.
Unless terminated by the Executive Committee or the respective city governing body, the officer
shall perform the duties of office until a replacement has been elected. Meetings of the Executive
Committee and GSSC shall be upon call of the chair or two (2) members of the Executive
Committee. The Executive Committee shall meet at least annually. The chair is authorized by
action of the Executive Committee to engage consultants and attorneys and to pay for such services.
5.
Termination of Membership
A city may terminate its membership by action of its governing body, or if said city fails to
pay its membership fee in full within one - hundred eighty (1$0) days after notification of fee due. A
city is considered notified on the day written notice is sent to its last designated representative on
file with the secretary /treasurer.
6.
Money Held in Trust
The officers shall hold and manage all money collected in trust for the benefit of the
member cities collectively, Officers may establish prudent fund accounts that accumulate funding
for activities and to pay authorized expenses. Officers shall serve without pay, but may be
reimbursed reasonable out -of- pocket expenses as approved by the Executive Committee. CITY
may request and receive a statement of GSSC revenues and expenses each year.
(2)
7.
ent
By entering into this Agreement, CITY affirms that it is paying for the performance of
governmental functions or services from current revenues available. The payments made under this
agreement fairly and adequately compensates the GSSC for the services or functions performed
under the contract,
8.
Le al Construction
In case any one or more of the terms, provisions, phrases or clauses contained in this
agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall be construed as if such invalid, illegal or unenforce-
able portion had never been contained herein.
9.
Entire Agreement
This contract embodies the complete agreement of the parties hereto superseding all oral or
written previous and contemporary agreements between the parties relating to matters herein and,
except as otherwise provided herein, cannot be modified without written agreement of the parties,
10.
No Other Obli ations
By entering into this Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in parties
not signatories hereto.
11.
lmmuni
It is expressly understood and agreed that in the execution of this Agreement, neither CITY
nor GSSC waives, nor shall be deemed to waive, any immunity or defense that would otherwise be
available to each against claims arising in the exercise of governmental powers and functions.
12.
Authori
The undersigned officers and/or agents are properly authorized to execute this Agreement
on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions
extending such authority have been duly passed and are now in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
above.
(3)
CITY OF SOUTHLAKE TEXAS GAS STANDING STEERING COMMITTEE
BY: BY:
Signature Signature
Printed/Typed Name
Title
Printed/Typed Narne
Title
ATTEST:
CITY SECRETARY
Signature
Printed/Typed Name
ME
GAS STANDING STEERING COMMITTEE CONTACT INFORMATION
2006
Name:
Title:
City of
Address:
Phone:
Fax:
Email:
Fax or email to: Mary Bunkley, bunkleym @ci.arlington.tx.us, c/o Arlington City Attorney's Office,
8171459 -6897, or by US mail: Post Office Box 90231, Arlington, Texas 76004 -3231, Mail Stop 63 -0300
Name:
Sharen .Jackson
Title:
Director of Finance
City of
Southlake
Address:
1400 Main Street, Suite 440
Phone:
817.748.8001
Phone:
817,748 8042
Fax:
8I7.748,8048
Email:
d
Name:
Title:
City of
Address:
Phone:
Fax:
Email:
Fax or email to: Mary Bunkley, bunkleym @ci.arlington.tx.us, c/o Arlington City Attorney's Office,
8171459 -6897, or by US mail: Post Office Box 90231, Arlington, Texas 76004 -3231, Mail Stop 63 -0300
Name:
Shang Yelverton
Title:
City Manager
City of
Southlake
Address:
1400 Main Street
Phone:
817.748.8001
F'ax:
Email:
s elverton .ci.southlake.tx.us
Name:
Title:
City of
Address:
Phone:
Fax:
Email:
Fax or email to: Mary Bunkley, bunkleym @ci.arlington.tx.us, c/o Arlington City Attorney's Office,
8171459 -6897, or by US mail: Post Office Box 90231, Arlington, Texas 76004 -3231, Mail Stop 63 -0300