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Home My WebLink AboutR2017-052sAlegakour documents\resolutions\17\atmos cities steering committee resolution,docx 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 where just and reasonable; and WHEREAS, 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, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set out in the preamble of this Resolution are in all things approved and incorporated herein as if fully set forth. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement, for and on behalf of the City of Denton, Texas, in substantially the form of the Agreement being attached hereto and incorporated herein as Exhibit "A". SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the I --) �4-) day of , _�C_4 ,, � _, 2017. . - _Lft ILL WA 1 1 CIII . Jt, MAYOR s:\Iegal\ouidocuments\resolutions\17\atmos cities steering committee resolution.docx ATTEST: JENNIFER WALTERS, CITY SECRETARY AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: Page 2 THE STATE OF TEXAS § A°l", � uCIT1ES STE � �D �� COUNTY OF Dom/✓ § "i"i I"ATI+ON C �� THIS Agreement is made and entered into onthis the I" day of DqceiT er, 201Z, by, between and among the CITY OF PCNTON, TEXAS ("City"" and member cities of the ATMOS CITIES STEERING COMMITTEE OM ITTE" ' ("ACSC""). This A eerr�ent is authorized by the Texas, Interlocal CooperationT.C.A. Texas Government Co�, Chapter 791), and other authorities. WITNESSETH: WHEREAS, the cities in the service area of Atmos Gas have worked together collectively in a coalition toarticipatc in the regulatory process to assure gas rates charged were just and onagle; and WHEREAS, the nature of gas utility regulation is undergoing change; and WHEREAS, there remains a need for cities to cooperate to assure re 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. AIMOS Cltles Steerin"out9uau i9tt l4lerrul ershi an Exc tiv orae ttee The City and the member cities hereby form the ACSC'.. Each inern er city shall, by action. of its governing body, approve its membership in the ACSC and designate its representative to receive notices and participate in and vote at ACSC meetings. The ACSC shall be composed of all. cities paying the current nonrefundable membership fee. The membership assessment shall be blished annually by the Executive Committee, The, current year assessment is 2 car capita, according to the City's population listed on the most recent T+seas l"lunicipal League ou�ine guide. 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 Conunittee shall at least include a representative from all member cities with a population greater than l ,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 ACSC 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 ACSC whether or not it has a representative on the Executive Committee. 2. e x ti em S ee The City and the member cities delegate to the Executive Corruuittee the powerr, to intervene on behalf of ACSC 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 le lative bodies and to pay for such activities. A member city, may subsequently request and cause its party status to be withdrawn from such activities. I lie Executive Committee shall Ex the amount of the membership fee from time to time. 3. ale t3o f" f 'c rs Ilne Executive Comm- ttee shall elect a chair and any co-chairs as it deems necessary who shall serve at the pleasure of the Executive Committee. 17he Executive Committee shall also elect a secretary/treasurer, 4. rg er 1t Q� Each officer elected shall serve at the Pleasure of the Executive Comn -ttee up to a terms of four (4) years. The Executive Committee s hall elect or re-elect officers at least every lour () 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 ACSC shall be upon call of the chair or two (2) members of tltee 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. . °T r "n tion oF'llCenarbe�rsl�i A citymay 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 (180) 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. . AIQn lliCeld ire s 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. The City may request ,and receive a statement of ACSC revenues and expenses each year. (2) 7. By entering into this Agreement, City affirms that it is paying for the performance of governmental functions or services from current revenues available. Ilio payments made under this, agreement fairly and adequately compensates the ACSC for the services or functions performed under the contract. S. kipic2okuldw, In a• any one or more of theprovisions,r in this ,, to be invalid, illegal or unenfbreeable invalidity,be able portion had never been contained herein, 9. Wt e ement 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. N, , Aer Ob atioM By entering into this Agreement, thearties do not create any obligations, express or implied, other than those set forth herein, and tis Agreement shall not create any rights in, parties not signatories hereto. 11. Immunity It is expressly understood and agreed that in the execution of this Agreement, neither City nor ACSC 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. Authority "I se 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 e fect. above. IN WTTNESS WHEREOF, the parties have executed this Agreement on the dates indicated (3) CITY OF DENTON," S ATMOS I� �. BY: BYw ._w�[7,—.- ,.. 'ry reW . r Signature�ai /Todd Hi emo i Printed Typed Name Pf Title T ATTEST: CITY SECRETARY .. tet Printed/Typed, me APKMED AS TO FORM' CITY ATTORNEY (JTY OF TON, TEXAS (4) STEERING COMMITTEE 15