R-2033-3-02RESOLUTION NO. 2033-3-02(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING A STEERING COMMITTEE OF AFFECTED
CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS;
AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE
THE TEXAS RAILROAD COMMISSION; AND SUSPENDING THE PROPOSED
TARIFF AND SCHEDULE OF RATES OF TXU GAS DISTRIBUTION COMPANY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, TXU Gas Distribution (hereinafter called "TXU Gas"), on March 1, 2002, filed a Statement
of Intent to Change Rates with individual cities for an increase in rates; and,
WHEREAS, the City of Allen, Texas (hereinafter called "City"), 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 City is entitled to be reimbursed for its reasonable expenses, pursuant to the Texas Gas
Utilities Regulatory Act; and,
WHEREAS, the steering committee of distribution system cities has been formed to facilitate and
coordinate the participation of cities in the service area of TXU Gas in these rate proceedings; and,
WHEREAS, after having considered information from TXU Gas, it is the opinion of the City Council that
the proposed Schedule of Rates should be suspended for a period of ninety (90) days from the effective date
stated in the TXU Gas' 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 steering committee of
affected cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. In order to allow the City sufficient time to analyze and prepare for the hearing and decision
on any requested rates, the City Council 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 the TXU Gas Statement of Intent, or other documentation, as initially filed or hereafter revised, i.e.,
suspension until midnight, July 3, 2002, 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 City Council.
SECTION 2. The City Council of the City of Allen, Texas, authorizes the Assistant to the City Manager to
represent the City on the Steering Committee of affected cities (hereinafter called "Steering Committee") and
authorizes the Steering Committee of which the City is a participating member, to retain legal counsel and
engage rate case consultants, and to intervene on behalf of the City in related dockets and appeals.
SECTION 3. The City should join with other participating cities to review such filing and cause to be
prepared a report and recommend a rate ordinance for the consideration of all participating cities and to
intervene before the Texas Railroad Commission, subject to the right to terminate such participation at any
time by written notice and to act independently in the exercise of local regulatory authority.
SECTION 4. The City Secretary of this municipality is hereby directed to deliver a copy of this Resolution
to TXU Gas Distribution representative, Mr. Autry Warren, Rate Manager, TXU Gas Distribution, 1601
Bryan Street, Dallas, TX 75201-3402 and to Mr. Jay B. Doegey, City Attorney, City of Arlington, P. O. Box
231, Arlington, TX 76004-0231 for forwarding to the Steering Committee.
SECTION 5. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 21s` DAY OF MARCH, 2002.
APPROVED:
r4a Z-09
Stephen Terrell, MAYOR
ATTEST:
Judf Morrisc(d, CMC/AAE, CITY SECRETARY
Resolution No. 2033-32033-3-02(1), Page 2