Res 149-2007 10/16/2007 � ti
RESOLUTION NO. 149-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE
DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION'S REQUESTED
RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE
REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING
COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND
OTHER CITIES IN THE ATMOS ENERGY CORP., MID-TEX DIVISION
SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND
TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION AND APPEALS; REQUIRING
REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, on or about September 20,2 007, Atmos Energy Corp., Mid-Tex
Division (Atmos), pursuant to Gas Utility Regulatory Act §104.102, filed with the City of
Wichita Falls a Statement of Intent to change gas rates in all municipalities exercising
original jurisdiction within its Mid-Tex Division service area effective October 25, 2007;
and,
WHEREAS, it is reasonable for the City of Wichita Falls to maintain its
involvement in the Atmos Cities Steering Committee (ACSC) and to cooperate with the
141 similarly situated city members and other city participants of ACSC in conducting a
review of the Company's application and to hire and direct legal counsel and
consultants and to prepare a common response and to negotiate with the Company
and direct any necessary litigation; and,
WHEREAS, the 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, the Gas Utility Regulatory Act, §103.022, provides that costs
incurred by cities in ratemaking activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The October 25, 2007, effective date of the rate request submitted
by Atmos on or about September 20, 2007, be suspended for the maximum period
allowed by law to permit adequate time to review the proposed changes and to
establish reasonable rates.
SECTION 2. The City is authorized to cooperate with ACSC and its member
cities in the Mid-Tex service area to hire and direct legal counsel and consultants,
negotiate with the Company, make recommendations to the City regarding reasonable
rates, and to direct any necessary administrative proceedings or court litigation
associated with an appeal of a rate ordinance and the rate case filed with the City or
Railroad Commission.
SECTION 3. The City's reasonable rate case expenses shall be reimbursed by
Atmos.
SECTION 4. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
SECTION 5. A copy of this Resolution shall be sent to Atmos, in care of Joe T.
Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite
1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd
Gosselink Blevins Rochelle & Townsend, P.C., P. O. Box 1725, Austin, Texas 78767-
1725.
PASSED AND APPROVED this the 16 day of October, 2007.
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CG'�'�1v��
MAYOR
ATTEST:
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�ty Clerk