HomeMy WebLinkAboutR2005-030S:\Our Documcnts\Resolutions\05\CCAG TX LED Coalition.doc
RESOLUTION NO.I(ZIJ{}'YtJ30
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING PARTICIPATION
IN A COALITION TO TAKE POSITIONS BEFORE REGULATORY AGENCIES AND
COURTS RELATED TO TEXAS LOW EMISSION DIESEL FUEL RULES (30 TAC
CHAPTER 114); AUTHORIZING CITY AND COALITION PARTICIPATION IN THE TX
LED COALITION; AUTHORIZING EMPLOYMENT OF LEGAL COUNSEL,
AUTHORIZING CONTRIBUTION TOWARD LEGAL FEES AND COALITION EXPENSES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, diesel fuel rules are undergoing continual and substantial change as a result
of state and federal legislation; and
WHEREAS, certain proposed changes to diesel fuel rules could hinder or preclude city
use of diesel fuel and impose new and significant costs upon the city; and
WHEREAS, there is a need for potentially adversely affected cities and private parties to
cooperate to assure their common interests are protected; and
WHEREAS, a TX LED Coalition was. created in October 2004 to focus the participation
of large users of diesel fuel in the agency rulemaking process; and
WHEREAS, City end-users of diesel fuel have similar interests as current members of the
TX LED Coalition; and
WHEREAS, the Austin law firm of Lloyd Gosselink Blevins Rochelle & Townsend, P.C.
has expertise in environmental regulation, administrative law and representation of coalitions of
cities and currently serves as legal counsel to the TX LED Coalition; and
WHEREAS, it is reasonable to contribute 10 cents per capita based upon the most recent
TML population statistics or up to a cap of $2,500.00 for a city with a population no greater than
25,000 or up to a cap of $4,000 for a city with a population no greater than 250,000 or up to a
cap of $6,000 for a city with a population greater than 250,000 toward legal and other coalition
expenses; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the statements set out in the preamble to this resolution are hereby in
all things approved and adopted. .
SECTION 2. The City is authorized to participate with other similarly situated and
potentially adversely affected cities in creating a coalition to address before agencies and courts
the Texas Low Emission Diesel Fuel Rules (30 TAC Chapter 114).
SECTION 3. The City is authorized individually and as a member of the Cities Coalition
to participate in the legal efforts of the TX. LED Coalition as it addresses the Texas Low
Emission Diesel Fuel Rules.
S:\Our Documents\Resolutions\05\CCAG TX LED Coalitlon.doc
SECTION 4. The City designates Vance Kemler as its representative to the Cities
Coalition and the TX LED Coalition and as the point of contact for communication with legal
counsel. It is understood that legal efforts will be under the direction of the collective
representatives of cities and other TX LED Coalition members.
SECTION 5. The City designates Michael J. Nasi and the law firm of Lloyd Gosselink in
Austin, Texas as its authorized legal counsel, subject to the city's right at any point to terminate
the attorney-client relationship and to withdraw from participation in coalition efforts.
SECTION 6. An assessment of 10 cents per capita with a cap of $2,500, $4,000, or
6,000, depending on the City's population size of up to 25,000; greater than 25,00 but less than
250,000, or more than 250,000 residents, respectively, is authorized as a reasonable contribution
toward coalition legal expenses with the understanding that the coalition will be billed standard
hourly rates and that any residual funds from various city contributions remaining after the
completion oflegal efforts will be subject to control of the cities' designated representatives for
refund or other direction as may be appropriate at the time.
SECTION 7. A signed copy of this resolution and a check made payable to Lloyd,
Gosselink, Blevins, Rochelle, & Townsend, P.C., for the approved participation fee shall be sent
to:
Michael J. Nasi
In Re TX LED
Lloyd Gosselink
111 Congress Avenue, Suite 1800
Austin, Texas 78701
SECTION 8. This Resolution shall become effective immediately upon its passage and
approval.
AND PASSED AND APPROVED this the jfp+/1 day of
2005, by a vote of 7 ayes and ~ nays at a regular
meetin of the City Council of the City of Denton, Texas.
c~'M
EULINEBROCK,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~hdt(j)cIJn.? fJd;.
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~4vt&frJ /4
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