09-002 - RRESOLUTION NO. 09-002
RESOLUTION OF THE TOWN OF PROSPER
SUSPENDING THE EFFECTIVE DATE OF COSERV GAS
LTD.'S REQUESTED RATE CHANGES TO PERMIT THE
TOWN 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
Town of Prosper a Statement of Intent to change gas rates in all municipalities within the CoSery
System; and
WHEREAS, it is reasonable for the Town of Prosper 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.
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
1. That 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.
2. That the Town 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 Town action.
3. That the Town's reasonable rate case expenses shall be reimbursed by CoServ.
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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 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.
harles Nis anger
Mayor, Town of Prosper
ATTEST:
tthew D. Denton, TRMC
own Secretary, Town of Prosper
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