Res 1671 6/10/19751
RESOLUTION NO. 4 /7//
RESOLUTION AUTHORIZING THE CITY ATTORNEY AND
THE TEXAS UTILITY ADVISORY COUNCIL AND ITS
ATTORNEYS TO REPRESENT THE CITY IN A SUIT IN
THE TRAVIS COUNTY DISTRICT COURT SEEKING AN
INJUNCTION AGAINST LONE STAR GAS COMPANY AND
THE RAILROAD COMMISSION OF TEXAS TO PREVENT
RETROSPECTIVE RATES FOR NATURAL GAS SERVICE
IN WICHITA FALLS.
WHEREAS, on January 28th, 1975, the Railroad Commission
of Texas entered an Order in Gas Utilities Docket No. 500 re-
quiring Lone Star Gas Company to pay the interim rate for pur-
chases from LoVaca Gathering Company and further ordering Lone
Star Gas Company to pass the extra cost of LoVaca gas through
to all of Lone Star' s customers; and,
WHEREAS, Lone Star Gas Company thereafter applied to the
Board of Aldermen of Wichita Falls for permission to flow through
the increased cost of LoVaca gas, which application was not
granted; and,
WHEREAS, Lone Star has appealed from this action by the
Board of Aldermen of Wichita Falls; and,
WHEREAS, on May 9th, 1975, the Railroad Commission entered
an interim order permitting Lone Star Gas Company to flow through
to its customers in the City of Wichita Falls the additional cost
of LoVaca purchases in accordance with the Commission' s Order of
January 28th, 1975, including the costs incurred from January 28th,
1975 to May 9th, 1975, as a surcharge over a three (3) month period;
and,
WHEREAS, the City of Wichita Falls has been advised by legal
counsel that the billing to customers of the increased cost of Lo-
Vaca gas incurred between January 28, 1975 and May 9th, 1975 would
be retroactive and contrary to the laws and constitution of the
State of Texas; and,
WHEREAS, the Board of Aldermen desires to take affirmative
action in conjunction with other cities similarly situated to pro-
tect the interests of the rate payers affected by this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
a
SECTION 1. City Attorney, H. P. Hodge Jr. , and the Texas
Utility Advisory Council and its attorneys are hereby authorized
to represent the City of Wichita Falls in a suit in the District
Court of Travis County, Texas, to seek an injunction against
Lone Star Gas Company and the Railroad Commission of Texas for
the purpose of preventing retrospective rates for natural gas
service in the City of Wichita Falls.
SECTION 2. The City Attorney is hereby authorized to make
the necessary arrangements with the Texas Utility Advisory Coun-
cil in this regard.
PASSED AND APPROVED this the 10th day of June, 1975.
A O RG 'e
ATTEST:
f.A. --644 #'71-,--Mre-
CITY CLERK
2 -