HomeMy WebLinkAboutResolution No. 07-19 Suspending the October 25, 2007 Rate Change
RESOLUTION NO. 07 -19
RESOLUTION OF THE CITY OF UNIVERSITY PARK,
TEXAS, SUSPENDING THE OCTOBER 25, 2007,
EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-
TEX DIVISION REQUESTED RATE CHANGE TO
PERMIT THE CITY TIME TO STUDY THE REQUEST
AND TO ESTABLISH REASONABLE RATES;
APPROVING COOPERATION WITH ATMOS CITIES
STEERING COMMITTEE AND OTHER CITIES IN THE
ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE
AREA TO HIRE LEGAL AND CONSULTING SERVICES
AND TO NEGOTIATE WITH THE COMPANY AND
DIRECT ANY NECESSARY LITIGATION AND APPEALS;
REQUIRING REIMBURSEMENT OF CITIES' RA T~ CASE
EXPENSES; FINDING THAT THE MEETING AT WHICH
THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL
WHEREAS, on or about September 20, 2007, Atmos Energy Corp., Mid-Tex Division
(Atmos), pursuant to Gas Utility Regulatory Act S 104.102 filed with the City of University Park
a Statement of Intent to change gas rates in all municipalities exercising original jurisdiction
within its Mid-Tex Division service area effective October 25,2007; and
WHEREAS, it is reasonable for the City of University Park to maintain its involvement
in the Atmos Cities Steering Committee (ACSC) and to cooperate with the 141 similarly situated
city members and other city participants of ACSC in conducting a review of the Company's
application and to hire and direct legal counsel and consultants and to prepare a common
response and to negotiate with the Company and direct any necessary litigation; and
WHEREAS, the Gas Utility Regulatory Act S 104.107 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety (90) days; and
WHEREAS, the Gas Utility Regulatory Act S 103.022 provides that costs incurred by
Cities in ratemaking activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
1. That the October 25, 2007, effective date of the rate request submitted by Atmos
on or about September 20, 2007, be suspended for the maximum period allowed by law to permit
adequate time to review the proposed changes and to establish reasonable rates.
2. That the City is authorized to cooperate with ACSC and its member cities in the
Mid- Tex service area to hire and direct legal counsel and consultants, negotiate with the
Company, make recommendations to the City regarding reasonable rates and to direct any
necessary administrative proceedings or court litigation associated with an appeal of a rate
ordinance and the rate case filed with the City or Railroad Commission.
3. That the City's reasonable rate case expenses shall be reimbursed by Atmos.
4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
5. A copy of this Resolution shall be sent to Atmos, care of Joe T. Christian,
Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas
75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Blevins Rochelle &
Townsend, P.c., P.O. Box 1725, Austin, Texas 78767-1725.
APP
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CITY ATTORNE