RES 2011-02TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2011-02
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS APPROVING THE EXECUTION OF THE
PARTICIPATION AGREEMENT BETWEEN THE TOWN AND THE
STANDING STEERING COMMITIEE COMPRISED OF CITIES SERVED
BY ONCOR ELECTRIC DELIVERY COMPANY; DESIGNATING THE
TOWN MANAGER AS THE REPRESENTATIVE FOR THE TOWN;
AUTHORIZING THE PAYMENT OF THE PARTICPATION FEE;
AUTHORIZING THE TOWN MANAGER TO EXECUTE NECESSARY
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club has considered the terms of a Standing
Steering Committee Participation Agreement which would allow the Town to participate
as a member of that Committee; and
WHEREAS, the Committee is comprised of cities in the service area of Oncor
Electric Delivery Company; and
WHEREAS, the Town has determined it to serve the best interests of its
residents to become a member of the Standing Steering Committee in order to work
collectively as part of the Committee to assure that electric rates charged are just and
reasonable.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB. TEXAS:
Section 1. That the Town Manager or his designee is hereby authorized to
execute the Standing Steering Committee Participation Agreement, a substantial copy
of which is attached hereto as Attachment 1.
Section 2. That Michael T. Slye, Town Manager, 100 Municipal Drive, Trophy
Club, Texas 76262 is designated as the Town of Trophy Club's Steering Committee
representative to receive notices and carry out the responsibilities set forth in
Attachment 1.
Section 3. That the payment of the initial participation of 10¢ per capita,
according to Town's population shown in the TML Directory of Texas City Officials, is
hereby authorized.
Section 4. Directing that a certified copy of this Resolution and the approved
participation fee be sent to:
Jay Doegey
City of Arlington
Post Office Box 231
Arlington, Texas 76004-0231
Section 5. This Resolution shall become effective upon the date of its passage.
RES 2011-02 Page 1 of 6
PRESENTED AND PASSED on this the 7th day of February, 2011, by a vote
of 5 ayes and Q nays at a regular meeting of the Town Council of the
Town of Trophy Club, Texas.
ATTEST:
[Seal]
APPROVED AS TO FORM:
d=dtue ~wvaJ
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
RES 2011-02
MaYor, Connie White
Town of Trophy Club, Texas
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THE STATE OF TEXAS §
COUNTY OF TARRANT §
ATTACHMENT 1
STANDING STEERING COMMITIEE
PARTICIPATION AGREEMENT
THIS Agreement is made and entered into on this the ih day of February, 2011
by, between and among the TOWN OF TROPHY CLUB, TEXAS ("TOWN") and
member cities of the STANDING STEERING COMMITIEE ("SSC"). This Agreement is
authorized by the Texas Interlocal Cooperation Act (V.T.C.A. Texas Government Code,
Chapter 791), and other authorities.
WIT N E SSE T H:
WHEREAS, the cities in the service area of Oncor Electric Delivery Company (formerly
TXU Electric Delivery Company and Texas Utilities Electric Company)
have worked together collectively in a coalition to participate in the
regulatory process to assure electric rates charged were just and
reasonable; and
WHEREAS, the nature of electric 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 electric 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 electric utility regulatory developments;
NOW THEREFORE, In consideration of the premises, agreements, covenants and
promises set forth herein, it is agreed as follows:
1.
Standing Steering Committee Membership
and Executive Committee
The TOWN and the member cities hereby form the Standing Steering Committee
("SSC"). Each member city shall, by action of its governing body, approve its
membership in the SSC and designate its representative to receive notices and
participate in and vote at SSC meetings. The SSC 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 TOWN'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 City
RES 2011-02 Page 3 of 6
Officials. The remainder of the representatives shall be selected based upon diversity
of geographic location and city population size. Each city on the SSC 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 SSC whether or not it has a representative
on the Executive Committee.
2.
Powers of the Executive Committee
The TOWN and the member cities delegate to the Executive Committee the
power to intervene on behalf of SSC member cities in electric projects, rule making, 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 perforrn the duties of office until a replacement has
been elected. Meetings of the Executive Committee and SSC shall be upon call of the
chair or two (2) rnembers of the Executive Cornmittee. The Executive Committee shall
meet at least annually. The chair is authorized by action of the Executive Comrnittee 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.
Money 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 rnay be reimbursed reasonable out-of-pocket expenses as approved by
the Executive Committee. TOWN may request and receive a statement of SSC
revenues and expenses each year.
RES 2011-02 Page 4 of 6
7.
Payment for Performance of Governmental Functions and Services Made from
Current Revenues
By entering into this Agreement, TOWN 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 sse
for the services or functions performed under the contract.
8.
Legal Construction
In case anyone 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 Agreement
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 Obligations
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.
Immunity
It is expressly understood and agreed that in the execution of this Agreement,
neither TOWN nor sse 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.
Authority
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
dates indicated above.
RES 2011-02 Page 5 of 6
TOWN OF TROPHY CL~EXAS
/ i/
BY: J1 -:7 i J
Mlhael T. Slye, Town Manager
Date: 2. ft (;1
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
RES 2011-02
STANDING STEERING COMMITTEE
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