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HomeMy WebLinkAboutR2002-018RESOLUTION NO. 4~7- ~/¢ A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING INTERVENTION IN GAS UTILITIES DOCKET 9292 AT THE RAILROAD COMMISSION; AUTHORIZING PARTICIPATION IN A STEERING COMMITTEE WITH OTHER CITIES SERVED BY TXU AND REQUIRING REIMBURSEMENT FROM TXU LONE STAR PIPELINE OF THE CITIES' REASONABLE RATE CASE EXPENSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TXU Lone Star Pipeline (LSP) filed a Statement of Intent with the Railroad Commission (designated as GUD 9292) on April 5, 2002, to surcharge residential and commercial gas customers who are residents of the City of Denton, Texas, to cover costs associated with a new pipeline to serve the Metroplex; and WHEREAS, the requested surcharges of 37¢ per month and $2.10 per month on residential and commercial customers, respectively, will adversely impact the City of Denton, Texas, and its residents; and WHEREAS, Cities served by TXU have a history of cooperation in gas rate matters and such cooperation in GUD 9292 will be efficient and cost effective in evaluating whether the proposed pipeline is reasonable and necessary and whether associated costs should be recovered in piecemeal ratemaking through a surcharge; and WHEREAS, the Cities of Gatesville, Greenville, and Longview, Texas, (the Association of TXU Municipalities (ATM) have already filed Motions to Intervene and Motions to Dismiss proceeding GUD 9292 and the City of Denton, Texas, wishes to join this coalition of Cities in intervening in this proceeding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City Attorney to represent the City on the Steering Committee of ATM (hereinafter called "Steering Committee") and authorizes the Steering Committee of which the City is a participating member, to retain legal counsel and engage consultants, and to intervene on behalf of the City in GUD 9292 and in related dockets and appeals. The City Manager is hereby authorized to execute a Professional Services Agreement with the Law Offices of Jim Boyle and any other consultants engaged by the Steering Committee and to make any expenditures necessary under such agreemmats. SECTION 2. That the Steering Committee formed to oversee this effort on behalf of ATM is authorized to take all reasonable steps before the Raikoad Commission and before the Courts as may be necessary in an appeal of a Commission Order. SECTION 3. That LSP is hereby directed to promptly pay Cities' rate case expenses as they are incurred. SECTION 4. The City Secretary shall cause copies of this resolution to be sent to the TXU representative: Autry L. Warren, CPA Rates Manager TXU Business Services 1601 Bryan Street, Suite 32-052 Dallas, TX 75201-3411 and to: Jim Boyle, Attorney at Law Law Offices of Jim Boyle, PLLC 1005 Congress, Suite 550 Austin, TX 78701 for forwarding to the Steering Committee. SECTION 5. and approval. PASSED AND APPROVED this the~ That this resolution shall become effective immediately upon its passage day of ~/~ff/' ,2002. MA] ~ TEM ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2