R-03-09-11-10H1 - 9/11/2003RESOLUTION NO. R -03-09-11-10H1
WHEREAS, on or about May 23, 2003 TXU Gas Company ("TXU")filed
with the City of Round Rock, ("City") a Statement of Intent to Increase
Rates; and
WHEREAS, on June 12, 2003, the City adopted Resolution No. R -03-
06-12-10C1 suspending the effective date of the tariffs filed with the
City for ninety days from the originally scheduled effective date of
June 27, 2003 in order to permit the City to properly review the TXU
Statement of Intent; to join a coalition of other Texas cities known as
the Alliance of TXU Municipalities ("ATM"); to employ lawyers to
represent the City with regard to the Statements of Intent filed at the
City and at the Railroad Commission of Texas; to authorize the steering
committee of ATM to provide direction and guidance to the lawyers who
are representing said cities; and to employ such rate experts as are
necessary as recommended by the steering committee for ATM; and
WHEREAS, as a result of such review, the City has determined that
the increase in distribution rates requested by TXU include increases
in charges or rates for pipeline transmission, transportation and
delivery of gas outside the territorial limits of the City; and
WHEREAS, the City has no authority to set rates in which
increases for pipeline services outside the City are included within
the requested increases for distribution rates, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
THAT:
1. The findings set out in the preamble to this resolution are
hereby in all things approved and adopted.
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2. The City has no authority to set rates in response to Statement
of Intent in light of the fact that the City has no jurisdiction over the
bundled distribution/pipeline rates requested by TXU.
3. TXU will be given ten (10) days from the adoption of this
resolution to amend its Statement of Intent to remove all requested
increases for TXU Lone Star Pipeline or for pipeline services located
outside the City from its requested increases in distribution rates.
4. In the event TXU fails to amend its Statement of Intent to
conform to Section 3, then TXU's requested increase in rates is in all
respects dismissed.
5. Notice of this resolution shall be faxed and mailed to Mr.
Autry Warren, TXU Business Services, Director Gas Regulatory, 1601
Bryan Street, Dallas, Texas 75201-3411, the day following the Council
meeting on the date this resolution was adopted. Mr. Warren's fax
number is (214)880-0011.
6. This resolution shall be effective immediately upon passage.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this llth day of September, :03
NYLE r'�+` LL, ayor
AT 1City Roun Rock, Texas
r CHRISTINE R. MARTINEZ, City Secretary
2
DATE: September 5, 2003
SUBJECT: City Council Meeting - September 11, 2003
ITEM: 10.H.1. Consider a resolution requesting TXU Gas Company to amend
its rate increase filing and providing for the dismissal of TXU
Gas Company's requested rates if the amendment is not made.
Resource: David Kautz, Assistant City Manager
Steve Sheets, City Attorney
History:
On June 12, 2003 the City adopted a resolution suspending
the effective date of the tariffs filed with the City in order to
permit the City to review the TXU rate filing. The City joined
a coalition of other Texas cities known as the Alliance of TXU
Municipalities to employ lawyers to represent the City with
regard to the rate filing.
The City has determined that the rate request includes
increased charges or rates for pipeline transmission,
transportation and delivery of gas outside the territorial
limits of the City. The City has no authority to set rates for
the pipeline services outside the City and, therefore, seeks to
have the rate filing statement amended or dismissed.
Funding: N/A
Cost: N/A
Source of Funds: N/A
Outside Resources: Jim Boyle, Attorney for the Alliance of TXU Municipalities
Impact/Benefit: This action seeks to limit the rate filing to issues that are
within the City's original jurisdiction.
Public Comment: N/A
Sponsor: N/A