03-47 - RTOWN OF PROSPER
RESOLUTION NO.03-47
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER HEREBY SUSPENDING THE EFFECTIVE DATE
OF TXU GAS DISTRIBUTION'S REQUESTED RATE
CHANGES TO PERMIT THE TOWN TIME TO STUDY THE
REQUEST AND TO ESTABLISH REASONABLE RATES;
APPROVING COOPERATION WITH OTHER CITIES WITHN
THE TXU GAS DISTRIBUTION S�'STE`I TO CREATE A
STEERING COMMITTEE TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH THE
COMPANY AND DIRECT ANC' NECESSARY LITIGATION;
REQUIRING REIMBURSEMENT OF CITIES' RATE CASE
EXPENSES; AUTHORIZNG INTERVENTION N THE
PROCEEDING AT THE RAILROAD COMMISSION;
REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
WHEREAS, on or about May 23, 2003, TXU Gas Distribution, a division of TXU Gas
Company ("Company"), filed with the Town of Prosper ("Town") a Statement of Intent to
change gas rates in all municipalities within the TXU Gas Distribution System; and
WHEREAS, it is reasonable for the Town to cooperate with other cities in a review of the
Company's application and create a Steering Committee to coordinate the hiring and direction of
legal counsel and consultants and to negotiate with the Company and direct any necessary
litigation; and
WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to
suspend the effective date of proposed rate changes; and
WHEREAS, the Gas Utility Regulatory Act provides that costs incurred by Cities in
ratemaking activities are to be reimbursed by the regulated utility; and
WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to
intervene in rate proceedings filed at the Railroad Commission.
THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
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SECTION 2: That the effective date of the tariff changes submitted by TXU G.
Distribution to Prosper on or about May 23, 2003, be suspended to permit adequate time to
review the proposed changes and to establish reasonable rates.
SECTION 3: That the Town is authorized to cooperate with other Cities within the TXU
Gas Distribution System to create a Steering Committee to hire and direct Lloyd, Gosselink.
Blevins, Rochelle, Baldwin & Townsend, P.C., and consultants, negotiate with the Company,
make recommendations to the Town regarding reasonable rates and to direct any necessary
litigation associated with an appeal of a rate ordinance and the rate case filed at the Railroad
Commission.
SECTION 4: That the Town's reasonable rate case expenses shall be reimbursed by
TXU Gas Distribution.
SECTION 5: That the Town is authorized to intervene in TXU Gas Distribution's rate
case filed at the Railroad Commission filed on or about May 23, 2003.
SECTION 6: That a copy of this suspension resolution be sent to the local representative
of TXU Gas Distribution.
6
Charles Niswanger, o
Town of Prosper, Texas
ATTEST:
r
Amber Phillips,
City Secretary
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or , .
PT.TSL=S14ER' S AFF=DAV=T
THE STATE OF TEXAS
COUNTY OF COLLIN McKinney Courior=Gazette — Friday/ June 20 2003
Before me, this undersigned authority, on this day personally appeared Jim Moser w,o eing oy m lr . oses
and says that he is the Publisher of The I[cXinney Courier -Gazette and that said newspaper meets the requirements of
Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit:
Printer's Fee $ b
�0. Description:
I. It devotes not less than twenty-five percent (251) of its
total column lineage to general interest items;
2. it is published at least once each week;
3. it is entered as second-cIass postal matter in the county
where it is published;
Legal Notices
To be published in the
McKinney Courier -Gazette on
Friday, June 20, 2003
LEGAL NOTICE
R.
4. it has been published regularly and continuously since
TOWN OF PROSPER
1897
RESOLUTION NO.03-47
and
RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF
5. it is generally circulated within Collin Count
9 Y Y•
PROSPER HEREBY
SUSPENDING THE
EFFECTIVE DATE OF TXU
Publisher further deposes and says that the attached notice was published in said
GAS :!- DISTRIBUTION'S;;
newspaper REQUESTED RATEf
to wit;
CHANGES TO PERMIT THE-'
TOWN,TIME TO STUDY THE
REQUEST it AND 40
ESTABLISH EASONAOLE
RATES; APPROVING
COOPERATION WITH
OTHER CITIES WITHIN THE
TXU , GAS DISTRIBUTION
SYSTEM TO CREATE A
STEERING COMMITTEE TO
HIRE LEGAL AND
CONSULTING SERVICES
AND TO NEGOTIATE 'WITH
THE COMPANY AND DIRECT
ANY NECESSARY
LjTIGATION; REQUIRING
REIMBURSEMENT OF
Jim Moser CITIES' RATE CASE
Editor and EXPENSES; AUTHORIZING
INTERVENTION IN THE
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who
PROCEEDING AT THE
RAILROAD COMMISSION;
REQUIRING NOTICE OF
a) is personally known to me, or
THIS RESOLUTION TO THE
COMPANY
b) provided the owing evidence to establish his/her identity,
on this thecD2 f day of A.D. 20 ccer ' which
Notary ublic, State of Texas
witness my d and seal of office.
(SEAL)
COMMISSION EXPIRES
LAVERNE GRAVES
EseM
ary Public, State of Texas
y Commission Expires
05-12-2005
McKinney Courier -Gazette — Friday, June 20, 2003
1NoticesI
Legal Notices
Legal Notices
To be published in the
To be published in the
McKinney Courier -Gazette on
McKinney Courier -Gazette on
Friday, June 20, 2003
Friday, June 20, 2003 I
LEGAL NOTICE
LEGAL NOTICE t
1
TOWN OF PROSPER
TOWN OF PROSPER j
RESOLUTION NO.03-47
RESOLUTION NO.03-47 j
RESOLUTION OF THE TOWN
RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF
COUNCIL OF THE TOWN OF
PROSPER HEREBY
PROSPER HEREBY
SUSPENDING THE
SUSPENDING THE
EFFECTIVE DATE OF TXU
EFFECTIVE DATE OF TXU
GAS DISTRIBUTION'S
GAS DISTRIBUTION'S
REQUESTED RATE
REQUESTED RATE
CHANGES TO PERMIT THE
CHANGES TO PERMIT THE
TOWN TIME TO STUDY THE
TOWN TIME TO STUDY THE
REQUEST AND TO
REQUEST AND TO
ESTABLISH REASONABLE
ESTABLISH REASONABLE
RATES; APPROVING
RATES; APPROVING
COOPERATION WITH
COOPERATION WITH
OTHER CITIES WITHIN THE
OTHER CITIES WITHIN THE
TXU GAS DISTRIBUTION
TXU GAS DISTRIBUTION
SYSTEM TO CREATE A
SYSTEM TO CREATE A
STEERING COMMITTEE TO
STEERING COMMITTEE TO
HIRE LEGAL AND
HIRE LEGAL AND
CONSULTING SERVICES
CONSULTING SERVICES
AND TO NEGOTIATE WITH
AND TO NEGOTIATE WITH
THE COMPANY AND DIRECT
THE COMPANY AND DIRECT
ANY NECESSARY
ANY NECESSARY
LITIGATION; REQUIRING
LITIGATION: REQUIRING
REIMBURSEMENT OF
REIMBURSEMENT OF
CITIES' RATE CASE
CITIES' RATE CASE
EXPENSES; AUTHORIZING
EXPENSES; AUTHORIZING
INTERVENTION IN THE
INTERVENTION IN THE
PROCEEDING AT THE
PROCEEDING AT THE
RAILROAD COMMISSION;
RAILROAD COMMISSION;
REQUIRING NOTICE OF
REQUIRING NOTICE OF
THIS RESOLUTION TO THE
THIS RESOLUTION TO THE
COMPANY
COMPANY