RES 2011-03TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2011-03
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS SUSPENDING THE FEBRUARY 14, 2011,
EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY'S
REQUESTED RATE CHANGE TO PERMIT THE TOWN TIME TO
STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES;
APPROVING COOPERATION WITH THE STEERING COMMITTEE OF
CITIES SERVED BY ONCOR; HIRING LEGAL AND CONSULTING
SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT
ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO
THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE
STEERING COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about January 7, 2011, Oncor Electric Delivery Company
("On cor" or "Company"), pursuant to PURA §§ 33.001 and 36.001 filed with the Town of
Trophy Club a Statement of Intent to increase electric transmission and distribution
rates in all municipalities exercising original jurisdiction within its service area effective
February 14, 2011; and
WHEREAS, the Steering Committee of Cities Served by Oncor ("Steering
Committee") and is a coalition of 146 similarly situated city members and other city
participants 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 prior to setting reasonable rates and direct any necessary litigation; and
WHEREAS, PURA § 36.108 grants local regulatory authorities the right to
suspend the effective date of proposed rate changes for ninety (90) days after the date
the rate change would otherwise be effective; and
WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking
activities are to be reimbursed by the regulated utility.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the February 14, 2011 effective date of the rate request
submitted by Oncor on or about January 7, 2011, 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. That the Town is authorized to participate in the Steering Committee
of Cities Served by Oncor and to hire and direct legal counsel and consultants,
RES 2011-03 Page 1 of 2
negotiate with the Company, make recommendations to the Town 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 Town or
Public Utility Commission.
Section 3. That subject to the right to terminate employment at any time, the
Town of Trophy Club hereby authorizes the hiring of the law firm of Lloyd Gosselink and
consultants to represent the Town in all matters associated with the Oncor's application
to increase rates and appeals thereof.
Section 4. That intervention in PUC Docket No. 38929 be authorized.
Section 5. That the Town's reasonable rate case expenses shall be reimbursed
by Oncor on a monthly basis.
Section 6. That it is hereby officially found and determined that the meeting at
which this Resolution is passed 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 7. That a copy of this Resolution shall be sent to Oncor, care of Autry
Warren, Oncor Electric Delivery Company, LLC, 1601 Bryan St., 23 rd Floor, Dallas,
Texas 75201 and to Geoffrey Gay, General Counsel to the Steering Committee, at
Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-
1725.
Section 8. That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the yth day of February, 2011.
ATTEST:
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SHannon DePramr, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
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Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
RES 2011-03
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Mayor Connie White
Town of Trophy Club, Texas
[Seal]
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