R-2799-1-09RESOLUTION NO. 2799-1-09(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, SUSPENDING THE EFFECTIVE DATE OF COSERV GAS
LTD.'S REQUESTED RATE CHANGES TO PERMIT THE CITY TIME TO STUDY
THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING
COOPERATION WITH OTHER CITIES WITHIN THE COSERV SYSTEM TO HIRE
LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE
COMPANY AND DIRECT ANY NECESSARY LITIGATION; REQUIRING
REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; AUTHORIZING
INTERVENTION IN THE PROCEEDING AT THE RAILROAD COMMISSION;
REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY.
WHEREAS, on or about December 18, 2008, CoSery Gas Ltd. ("CoSery"), filed with the City of Allen a
Statement of Intent to change gas rates in all municipalities within the CoSery System; and,
WHEREAS, it is reasonable for the City of Allen to cooperate with other cities in a review of the Company's
Statement of Intent and to coordinate the hiring and direction of legal counsel and consultants and to negotiate
with the Company and direct any necessary litigation; and,
WHEREAS, Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend the
effective date of proposed rate changes for ninety (90) days; and,
' WHEREAS, Gas Utility Regulatory Act § 103.022 provides that costs incurred by cities in ratemaking
activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The January 23, 2009, effective date of the rate request submitted by CoSery be suspended
for the maximum period allowed by law to permit adequate time to review the proposed changes and to
establish reasonable rates.
SECTION 2. The City is authorized to cooperate with other cities in the CoSery service area to hire and
direct legal counsel and consultants, negotiate with the Company, and to intervene and participate in any
necessary administrative proceedings or court litigation associated with an appeal of city action.
SECTION 3. The City's reasonable rate case expenses shall be reimbursed by CoServ.
SECTION 4. 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.
SECTION 5. A copy of this Resolution shall be sent to Charles D. Harrell, Chief Financial Officer, CoSery
Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842 and to Kristen Doyle, counsel for Cities Served
by CoSery at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Ste. 1900, Austin, Texas
78701.
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27TH DAY OF JANUARY, 2009.
APPROVED:
Stephen Te mll, MAYOR
ATTEST:
Shelley B. Geo , CITY SECRETARY
Resolution No. 2799-1-09(R), Page 2