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RES 2002-12TOWN OF TROPHY CLUB RESOLUTION NO. 2002-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN TO JOIN A STEERING COMMITTEE OF CITIES AFFECTED BY THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU GAS DISTRIBUTION COMPANY THAT INCLUDES AN INCREASE IN RATES; AUTHORIZING THE STEERING COMMITTEE TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; PROVIDING FOR INTERVENTION IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION; SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU GAS DISTRIBUTION COMPANY; ESTABLISHING THAT CURRENT RATE SCHEDULES SHALL CONTINUE IN FORCE DURING THE PERIOD OF SUSPENSION; PROVIDING FOR NOTICE HEREOF TO SUCH COMPANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TXU Gas Distribution Company, (hereinafter called "TXU Gas"), on March 1, 2002, filed a Statement of Intent to Change Rates with individual cities that includes an increase in rates; and WHEREAS, the Town 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 is entitled to be reimbursed for its reasonable expenses, pursuant to the Texas Gas Utilities Regulatory Act; and WHEREAS, a 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 Town Council that the proposed Schedule of Rates should be suspended for a period of ninety (90) days from the effective date stated in 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 TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council of the Town of Trophy Club, Texas, authorizes the Town Manager or her designee, to represent the Town on the Steering Committee of affected cities (hereinafter called "Steering Committee") and authorizes the Steering Committee of which the Town is hereby a participating member, to retain legal counsel and engage rate case consultants, and to intervene on behalf of the Town in related dockets and appeals. Section 2. In order to allow the Town sufficient time to analyze and prepare for the hearing and decision on any requested rates and proposed increases, the Town 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 Town Council. Section 3. The Town 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 tenninate such participation at any time 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 Gas representative: and to: Autry Warren Rate Manager, TXU Gas Distribution 1601 Bryan Street Dallas, Texas 75201-3402 Mr. Jay B. Doegey City Attorney City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 for forwarding to the Steering Committee. Section 5. That this Resolution shall become passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town this 18`r' day of March, 2002. ATTEST: Town Secreta Town of Trophy Club, Texas [SEAL] its date of of the Torn of Trophy Club, Texas, TWn of Trophy Club, Texas �J0 � 5866 t (2) APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas (3)