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ORD 2008-35TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-35 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ("TOWN") DENYING THE RATE INCREASE PROPOSED BY ONCOR ELECTRIC DELIVERY COMPANY, LLC ("ONCOR"); FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Oncor filed an application with the Town Secretary on June 27, 2008 for an increase in rates of $275 million. The Town has suspended the effective date until October 30, 2008; and WHEREAS, the Town has joined with a coalition of cities known as the Alliance of TXU/Oncor Customers ("ATOC"); and WHEREAS, the application to increase rates by Oncor ("Statement of Intent") has a been filed at the Public Utility Commission of Texas ("PUC"); and WHEREAS, the date for filing ATOC's testimony has been set by the PUC for November 26, 2008; and WHEREAS, the experts hired by ATOC have not finished their review of the thousands of pages of responses to discovery; and WHEREAS, it is necessary for the Town to act before October 31, 2008 on Oncor's rate request; and WHEREAS, the experts hired by ATOC have preliminarily concluded that the size of the rate increase is not justified; and WHEREAS, based upon the preliminary review of the Town's and ATOC's experts the requested rate increase should be denied. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The findings set out in the preamble to this Ordinance are in all things approved and adopted. Section 2. The Town hereby denies Oncor's request to increase rates and in support thereof finds that: 1 The Statement of Intent fails to provide sufficient information to justify the requested increase in rates or to justify the changes set forth in the attached tariffs; As a preliminary matter, the requested increases for depreciation, storm reserve, and pensions appears excessive. Section 3. The Town Secretary shall notify Oncor by sending copy of same to Don J. Clevenger, Oncor Electric Delivery Company LLC, 1601 Bryan Street, Suite 22-070, Dallas, Texas 75201-3411 and ATOC shall be notified by sending a copy to Jim Boyle, Herrera & Boyle, PLLC, Suite 1250, 816 Congress Avenue, Austin, Texas 78701. Section 4. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this the 20th day of October, 2008. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: X�hC�"7�1-i.-�n,P�i 4own Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: c1pF TRC Town Attorney Town of Trophy Club, Texas 2 9F CLUB 'l Dove 7'exas 76262 9F CLUB [ Dime r'eaas 76262 Don J. Clevenger, Oncor Electric Delivery Company LLC, 1601 Bryan Street, Suite 22-070 Dallas, Texas 75201-3411 Jim Boyle, Herrera & Boyle, PLLC, Suite 1250, 816 Congress Avenue Austin, Texas 78701