RES 2006-10TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006 .-I0
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS
ENDORSING THE EFFORTS OF THE ATMOS CITIES
STEERING COMMITTEE TO REDUCE RATES OF ATMOS
ENERGY CORP., MID-TEX DIVISION; DENYING ATMOS
ENERGY CORP., MID-TEX DIVISION'S STATEMENT OF
INTENT TO INCREASE THE GAS UTILITY RATES WITHIN
THE TOWN; AUTHORIZING INTERVENTION IN ANY
NECESSARY PROCEEDINGS AFFECTING TOWN'S INTERESTS
BEFORE ADMINISTRATIVE OR JUDICIAL BODIES AND
PARTICIPATION WITH THE ATMOS CITIES STEERING
COMMITTEE; REQUIRING REIMBURSEMENT OF
REASONABLE LEGAL AND CONSULTANT EXPENSES;
FINDING THAT THE MEETING AT WHICH THIS RESOLUTION
IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; AND REQUIRING DELIVERY OF THIS RESOLUTION TO
THE CONIPANY AND LEGAL COUNSEL.
WHEREAS, the Town of Trophy Club, Texas ("Town") is a regulatory authority
under the Gas Utility Regulatory Act ("GURA") and has original jurisdiction over the gas
utility rates of Atmos Energy Corp., Mid-Tex Division (the "Company"); and
WHEREAS, at least 88 Texas municipalities served by the Company required the
Company to file rate filing packages with those cities to show cause regarding the
reasonableness of the Company's current rates in those cities (the "Show Cause Cities");
and
WHEREAS, at least 53 Show Cause Cities have adopted ordinances reducing the
Company's rates to be charged to all customers within those cities; and
WHEREAS, the Company has appealed those rate ordinances of the Show Cause
Cities to the Railroad Commission of Texas under the provisions of the Gas Utilities
Regulatory Act; and
WHEREAS, the Company filed with the Town on or about May 3 1,2006, its
Statement of Intent to increase gas utility rates within the Town effective July 5,2006;
and )
WHEREAS, the Town has original jurisdiction to evaluate the Company's
request as it pertains to customers of the Company served from the distribution facilities
located within the Town, pursuant to GURA $5 102.001(b) and 103.001;
WHEREAS, the appeal of the Company's Statement of Intent to increase rates
will be consolidated with the appeals of the Show Cause Cities; and
I WHEREAS, GURA 5 103.022 provides that costs incurred by the Town in
ratemaking activities are to be reimbursed by the regulated utility;
I
i WHEREAS, the Town wishes to participate with the Atmos Cities Steering
Committee ("ACSC") and be represented by attorneys and consultants representing
ACSC;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town endorses the efforts of ACSC to reduce the rates
charged by the Company within the boundaries of member cities.
i Section 2. That the Company's Statement of Intent to increase gas utility rates
within the Town, as part of the Company's statewide gas utility system, be denied in all
respects.
,I Section 3. That it is in the best interests of the customers of the Company
within the Town for the Town to participate through the ACSC in the appeals filed by the
Company to the Railroad Commission of Texas, and the Town's intervention in Railroad
Commission proceedings and any litigation associated with the Company's rates charged
\ in the Town is hereby authorized.
Section 4. That the Company shall promptly reimburse the Town's
reasonable costs associated with the Town's participation in ratemaking proceedings and
associated litigation.
Section 5. That it is hereby officially found and determined that the meeting
at which this Resolution is adopted is open to the public as required by law and the public
notice of the time, place, and purpose of said meeting was given as required.
Section 6. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of
Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas,
Texas 75240, and to Geoffrey Gay, legal counsel to ACSC, at Lloyd Gosselink Blevins
Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, exa as, this lgth day of June, 2006.
Mayor
Town of Trophy Club, Texas
a0
V r
Town Secretary
Town of Trophy Club, Texas I
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas