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HomeMy WebLinkAboutRes 070803-L -TXU Gas Rate CaseRESOLUTION NO, 070$03-/L A RESOLUTION ELECTING TO HAVE THE RAILROAD COMMISSION OF TEXAS EXERCISE ORIGINAL JURISDICTION OVER GAS UTILITY RATES, OPERATIONS, AND SERVICES WITHIN THE INCORPORATED LIMITS OF THIS MUNICIPALITY CONCERNING THE TXU GAS COMPANY STATEMENT OF INTENT FILED ON MAY 23, 2003; PROVIDING FOR AN EFFECTIVE DATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS RESOLUTION TO THE RAILROAD COMMISSION OF TEXAS; AND PROVIDING FOR NOTICE OF THIS RESOLUTION TO TXU GAS COMPANY. WHEREAS, on or about May 23, 2003, TXU Gas Company (the "Company") filed with the City of Georgetown ("City), a Statement of Intent to change gas rates in all municipalities within the Company's statewide gas utility system effective June 27, 2003; and WHEREAS, the City, has exclusive original jurisdiction to evaluate the Company's Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas utilities Code § § 102.001(b) and 1003.001; and WHEREAS, provision is made in Section 103.003 of the Texas Utilities Code whereby a municipality may elect to have the Railroad Commission of Texas (the "Commission") exercise original jurisdiction over gas utility rates, operations, and services within the incorporated limits of said municipality for a given proceeding; and WHEREAS, the Governing Body of the municipality, after having thoroughly considered the matter, is of the opinion that the best interests of this municipality will be served by having the Commission exercise original jurisdiction over gas utility rates, operations, and services as to this Statement of Intent; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1. That the Governing Body of this municipality does hereby elect to have the Commission exercise original jurisdiction over gas utility rates, operations, and services within the incorporated limits of this municipality concerning the TXU Gas Company Statement of Intent filed on May 23, 2003, SECTION 2. the costs incurred by the City in reviewing the Company's application be promptly reimbursed by the Company. These costs and the Company's costs may be recovered through rates charged of the TXU Gas Company, 1 Of OL SECTION 3. That this Resolution shall become effective, and the Commission shall exercise the exclusive original jurisdiction over said gas utility rates, operations, and services as to this Statement of Intent on and after the date of the passage hereof until such time as a final rate is set for TXU Gas Company by the Commission. SECTION 4. 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 that public notice of the time, place and purpose of said meeting was given as required. SECTION 5. That the Secretary of this municipality shall give notice of this Resolution to the Commission by forwarding a certified copy of same to the Commission upon the passage of this Resolution. SECTION 6. That the Secretary of this City shall forward a copy of this Resolution to the following representative of TXU Gas Company within 10 days after the Resolution is approved: Autry L. Warren, Director of Gas Rates, TXU Business Services, 1601 Bryan Street, Dallas, Texas 78201-3402, PASSED AND APPROVED at a Georgetown, Texas on this the $""A APPROVED AS TO FORM: atricia E. Carls, City Attorney Regular Meeting of the City Council of day of .Tu. Jv 2003. ATTEST: