HomeMy WebLinkAboutCity Council Resolutions (R-06-2713)-06/20/2006
RESOLUTION R-06-2713
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS DENYING ATMOS ENERGY, MID-TEX DIVISION'S STATEMENT OF
INTENT TO INCREASE THE GAS UTILITY RATES IN THIS MUNICIPALITY;
SUPPORTING THE REDUCTION OF EXISTING NATURAL GAS
DISTRIBUTION RATES CURRENTLY CHARGED BY ATMOS MID-TEX
WITHIN THE CITY; ORDERING ATMOS MID-TEX TO REIMBURSE THE CITY
FOR ITS REASONABLE COSTS INCURRED IN RATEMAKING
PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS; AUTHORIZING
THE A TMOS CITIES STEERING COMMITTEE TO ACT ON BEHALF OF THE
CITY AND INTERVENE IN ANY PROCEEDINGS BEFORE ADMINISTRATIVE
OR JUDICIAL BODIES; REQUIRING DELIVERY OF THIS RESOLUTION TO
ATMOS MID-TEX AND LEGAL COUNSEL; AND FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS ADOPTED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
("GURA") and has original jurisdiction over the gas utility rates of Atmos
Mid-Tex (the "Company"); and
WHEREAS, the City, along with 87 other Atmos Cities Steering Committee ("ACSC")
cities, exercised its authority under SS 103.001 and 104.151, GURA, to
initiate a proceeding to determine whether the existing rates of the
Company were unreasonable or in any way in violation of any provision of
law and ordered the Company to show cause regarding the
reasonableness of its existing natural gas distribution rates within the City;
and
WHEREAS, the Company filed its rate filing package with the City in response to the
City's order on or about December 31, 2005, and the City's
representatives obtained additional information from the Company through
written requests for information; and
WHEREAS, the City's consultants and representatives, through cooperative efforts and
under the direction of the ACSC, reviewed the information and
recommended that the City reduce the rates charged by the Company
within the City; and
WHEREAS, the Company has bonded in its existing rates with the Railroad
Commission as part of its appeal of rates set by ACSC cities; and
WHEREAS, as part of its appeal of city rate actions taken by ACSC members, the
Company filed a Statement of Intent to Increase the Gas Utility Rates
within the City effective July 5, 2006; and
Resolution R-06-2713
Page 2 of 3
WHEREAS, the Company's request is unreasonable based upon the information
already reviewed by the City in response to its action initiating the show
cause action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS, THAT:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
THAT the Statement of Intent to Increase Gas Utility Rates filed by the
Company on or about May 31, 2006, and effective July 5, 2006, is hereby
denied.
THAT the reduction to current rates previously adopted by the City
pursuant to ordinance or agreement with the Company is just and
reasonable.
THAT the City is authorized to intervene in any appeal of the City's action
filed at the Railroad Commission of Texas and to otherwise participate in
any litigation associated with the Company's rates charged in the City, in
conjunction with the ACSC.
THAT the Company shall promptly reimburse ACSC for ratemaking costs
associated with the City's activities related to the show cause proceeding
and/or the denial of the Statement of Intent including appeals to the
Railroad Commission or Courts, in accordance with GURA S 103.022.
THAT a copy of this Resolution shall be sent to the Company, care of
Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite
1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to ACSC,
at Lloyd Gosselink, P.O. Box 1725, Austin, Texas 78767-1725.
THAT it is hereby officially found and determined that the meeting at which
this Resolution is adopted is open to the public as required by law and that
public notice of the time, place and purpose of said meeting was given as
required.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF '7 AYES, C NAYS AND 0 ABSTENTIONS
ON THIS THE o1V->><' DAY OF r 2006.
Resolution R-06-2713
Page 3 of 3
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
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David Kelly
Mayor