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HomeMy WebLinkAboutRes 01-15 Authorizing the Steering Committee of Northwest Metro Mid Cities Distribution Systems Cities to Retain Legal CounselTOWN OF WESTLAKE RESOLUTION NO, 01-15 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE STEERING COMMITTEE OF NORTHWEST METRO/MID-CITIES DISTRIBUTION SYSTEM CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU ELECTRIC AND GAS COMPANY; AND DECLARING AN EFFECTIVE DATE WHEREAS, TXU Gas Distribution, a division of TXU Gas Company ("TXU") on February 16, 2001, filed a Statement of Intent to Change Rates with individual cities for an increase in rates; and WHEREAS, the Town of Westlake, Texas, is a regulatory authority having a statutory duty to participate in such proceedings and whose citizens will be substantially affected by the rates established as a result of such proceedings; and WHEREAS, the Town of Westlake, Texas, is entitled to be reimbursed for its reasonable expenses, pursuant to the Texas Gas Utilities Regulatory Act; and WHEREAS, the Steering Committee of Northwest Metro/Mid-Cities Distribution System Cities has been formed to facilitate and coordinate the participation of cities in the service area of TXU Gas Company in these rate proceedings; and WHEREAS, after having considered 'information from TXU, it is the opinion of the Board of Aldermen of the Town of Westlake, Texas, that the proposed Schedule of Rates should be suspended for a period of ninety (90) days from the effective date stated in TX -U's Statement of Intent or other documentation, as initially filed or hereafter revised, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, it is in the public interest to join with other cities to review such filing and present evidence as may be appropriate before the Texas Railroad Commission, all as directed by the Cities' Steering Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Alderman of the Town of Westlake, Texas, authorizes the Steering Committee of Northwest Metro/Mid-Cities Distribution System Cities, of which the Town of Westlake, Texas, is a participating member, to retain legal counsel and engage rate case consultants, and to intervene on behalf of the Town of Westlake, Texas, in related documents and appeals. SECTION 2: In order to allow the Town of Westlake, Texas, sufficient time to analyze and prepare for hearing and decision on any requested rates, the Board of Alderman of the Town of Westlake, Texas, hereby suspends the operation of the proposed tariffs and Schedule of Rates, which would otherwise go into effect for a period of ninety (90) days from the effective date stated in TXU's Statement of Intent, or other documentation, as initially filed or hereafter revised, i.e., suspension until midnight, June 21, 2001, and for such additional period of time as may be necessary and authorized by law. During such period of suspension, the rates in force shall be those rates in effect when the suspended schedule was first filed and shall continue in force until finally approved, modified or denied by the Board of Alderman. SECTION 3: The Town of Westlake, Texas, should join with other participating cities to review such filing and to intervene before the Texas Railroad Commission, subject to the right to terminate such participation at anytime by written notice and to act independently in the exercise of local regulatory authority. SECTION 4: The Town Secretary shall cause copies of this resolution to be sent to the TXU representative: and to: TXU - Electric and Gas c/o Harriet Gibbon P.O. Box 239 Decatur, Texas 76234 Mr. Jay B. Doegey City Attorney City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 for forwarding to the Steering Committee of Northwest Metro/Mid-Cities Distribution System Cities. SECTION 5: That this Resolution shall become effective upon its passage. PASSED AND APPROVED on this the 12TH day of March, 2001. 2 Scott Bradley, Mayor ATTEST: GingePCrosswy, To ecretary Trent Petty, Town M r APPROVED TO AS L. mon Lo�rv//rown