Res 053-2007 4/3/2007 �
RESOLUTION NO. � �
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE EXECUTION OF THE ATMOS
CITIES STEERING COMMITTEE PARTICIPATION AGREEMENT;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the cities in the service area of Atmos Gas have worked together
collectively in a coalition to participate in the regulatory process to assure gas rates
charged were just and reasonable; and
WHEREAS, the nature of gas utility regulation is undergoing substantial change
as a result of state and federal legislation; and
WHEREAS, there remains a need for cities to cooperate to assure the public
interest is protected and gas and other utility rates are just and reasonable; and
WHEREAS, regulatory changes now require quick response in order to have
meaningful input into the rate setting process; and
WHEREAS, it is necessary to provide adequate resources to enable cities to act
quickly, decisively, and jointly on gas utility regulatory developments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute the Atmos Cities
Steering Committee Participation Agreement, a substantial copy of which is attached as
Attachment 1.
SECTION 2. Bill Sullivan, City Attorney, BiII.Sullivan(a�cwftx.net, 1300 Seventh,
Wichita Falls, Texas, 76301, is named as the representative to receive notices and
carry out responsibilities for the City as set forth in Attachment 1.
SECTION 3. Authorizing the payment of the initial participation fee of 10 cents
per capita, according to the City's population shown in the most recent TML Directory of
Texas City Officials.
SECTION 4. Directing that a certified copy of this resolution and the approved
participation fee be sent to:
Mary Bunkley
Treasurer, Atmos Cities Steering Committee
c/o Arlington City Attorney's Office, Mail Stop 63-0300
Post Office Box 90231
Arlington, Texas 76004-0231
SECTION 5. 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.
PASSED AND APPROVED this the 3 � d day of April, 2007.
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MAYOR
ATTEST:
.
�---�
i Clerk
Attachment 1
STATE OF TEXAS § ATMOS CITIES STEERING COMMITTEE
COUNTY OF WICHITA § PARTICIPATION AGREEMENT
THIS Agreement is made and entered into on this the day of ,
2007, by, between and among the City of Wichita Falls, Texas ("CITY") and member
cities of the ATMOS CITIES STEERING COMMITTEE ("ACSC"). This Agreement is
authorized by the Texas Interlocal Cooperation Act (V.T.C.A. Texas Government Code,
Chapter 791), and other authorities.
WITNESSETH:
WHEREAS, the cities in the service area of Atmos Gas have worked together
collectively in a coalition to participate in the regulatory process to assure gas rates
charges were just and reasonable; and,
WHEREAS, the nature of gas utility regulation is undergoing substantial change
as a result of state and federal legislation; and,
WHEREAS, there remains a need for cities to cooperate to assure the public
interest is protected and gas and other utility rates are just and reasonable; and,
WHEREAS, regulatory changes now require quick response in order to have
meaningful input into the rate-setting process; and,
WHEREAS, it is necessary to provide adequate resources to enable cities to act
quickly, decisively, and jointly on gas utility regulatory developments.
NOW, THEREFORE, in consideration of the premises, agreements, covenants
and promises set forth herein it is agreed as follows:
1.
Atmos Cities Steerinq Committee
Membership and Executive Committee
The CITY and the member cities hereby form the Atmos Cities Steering
Committee ("ACSC"). Each member city shall, by action of its governing body, approve
its membership in the ACSC and designate its representative to receive notices and
participate in and vote at ACSC meetings. The ACSC shall be composed of all cities
paying the current nonrefundable membership fee. The membership fee shall be
established from time to time by the Executive Committee. The fee for the initial period
(approximately one year) is 10¢ per capita, according to the CITY's population listed in
the most recent Texas Municipal League Directory of Texas City Officials. The
members shall elect an Executive Committee consisting of no more than twenty (20)
persons which shall function as the Board of Directors. The Executive Committee shall
at least include a representative from all member cities with a population greater than
100,000, according to the most recent Texas Municipal League Directory of Texas Citv
Officials. The remainder of the representatives shall be selected based upon diversity of
geographic location and city population size. Each city on the ACSC and each city on
the Executive Committee shall have one vote, respectively. Meetings of the Executive
Committee shall be open to each city on the ACSC, whether or not it has a
representative on the Executive Committee.
2.
Powers of the Executive Committee
The CITY and the member cities delegate to the Executive Committee the power
to intervene on behalf of ACSC member cities in gas projects, rulemaking, rate case,
and related dockets and appeals thereof, represent the interests of cities in utility
matters before state and federal legislative bodies, and to pay for such activities. A
member city may subsequently request and cause its party status to be withdrawn from
such activities. The Executive Committee shall fix the amount of the membership fee
from time to time.
3.
Election of Officers
The Executive committee shall elect a chair and any co-chairs as it deems
necessary, who shall serve at the pleasure of the Executive Committee. The Executive
Committee shall also elect a secretary/treasurer.
4.
Powers of the Officers
Each officer elected shall serve at the pleasure of the Executive Committee up to
a term of four (4) years. The Executive Committee shall elect or re-elect officers at least
every four (4) years. Unless terminated by the Executive Committee or the respective
city governing body, the officer shall perForm the duties of office until a replacement has
been elected. Meetings of the Executive Committee and ACSC shall be upon call of the
chair or two (2) members of the Executive Committee. The Executive Committee shall
meet at least annually. The chair is authorized by action of the Executive Committee to
engage consultants and attorneys and to pay for such services.
5.
Termination of Membership
A city may terminate its membership by action of its governing body, or if said
city fails to pay its membership fee in full within one-hundred eighty (180) days after
notification of fee due. A city is considered notified on the day written notice is sent to
its last designated representative on file with the secretary/treasurer.
6.
Monev Held in Trust
The officers shall hold and manage all money collected in trust for the benefit of
the member cities collectively. Officers may establish prudent fund accounts that
accumulate funding for activities and to pay authorized expenses. Officers shall serve
without pay, but may be reimbursed reasonable out-of-pocket expenses as approved by
the Executive Committee. CITY may request and receive a statement of ACSC
revenues and expenses each year.
7.
Pavment for Performance of Governmental Functions
and Services Made from Current Revenues
By entering into this Agreement, CITY affirms that it is paying for the
performance of governmental functions or services from current revenues available.
The payments made under this agreement fairly and adequately compensates the
ACSC for the services or functions perFormed under the contract.
8.
Leqal Construction
In case any one or more of the terms, provisions, phrases or clauses contained
in this agreement shall for any reason be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall be construed as if such
invalid, illegal or unenforceable portion had never been contained herein.
9.
Entire Aqreement
This contract embodies the complete agreement of the parties hereto,
superseding all oral or written previous and contemporary agreements between the
parties relating to matters herein and, except as otherwise provided herein, cannot be
modified without written agreement of the parties.
10.
No Other Obliqations
By entering into this Agreement, the parties do not create any obligations,
express or implied, other than those set forth herein, and this Agreement shall not
create any rights in parties not signatories hereto.
11.
Immunitv
It is expressly understood and agreed that in the execution of this Agreement,
neither CITY nor ACSC waives, nor shall be deemed to waive, any immunity or defense
that would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
12.
Authori
The undersigned officers and/or agents are properly authorized to execute this
Agreement on behalf of the parties hereto, and each hereby certifies to the other that
any necessary resolutions extending such authority have been duly passed and are
now in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
indicated above.
CITY OF WICHITA FALLS, TEXAS ATMOS CITIES STEERING COMMITTEE
By: By:
Signature Signature
Printed/Typed Name Printed/Typed Name
Title Title
Attest:
City Clerk
Printed/Typed Name