03-13-11-Resolution-Supporting Atmos Texas Municipalities-03/07/2011RESOLUTION # R 03-13-11
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•SUPPORTING THE LEGISLATIVE ACTIVITY AND GOALS
OF ATOMS TEXAS MUNICIPALITIES ATM
EGISLATURE AS THEY RELATE TO THE SETTING OF
ATURAL GAS RATES; FINDING AND DETERMINING
HAT THE MEETING AT WHICH THIS RESOLUTION
VAS PASSED WAS IN ACCORDANCE WITH THE
- EQUIREMENTS OF OPEN MEETINGS ACT,
OTHER FINDINGS AND PROVISIONS RELATED
0 THE SUBJECT; AND DECLARING AN EFFECTIVE
ATEm
WHEREAS, the City of Sanger, Texas, hereinafter referred to as "City," is
a member of Atmos Texas Municipalities ("ATM"); and,
WHEREAS, ATM has participated in numerous gas utility ratemaking
proceedings before the Railroad Commission of Texas ("RRC"); and,
WHEREAS, during the 82nd Regular Session of the Texas Legislature the
Railroad Commission, which sets gas utility rates on appeal from decisions made by
municipalities, is up for sunset review; and,
WHEREAS, during sunset review the Legislature may consider abolishing
or reconstituting the RRC and amending, altering or eliminating laws which affect gas
utility ratemaking; and,
WHEREAS, the .City supports ATM's participation at the 82"d Texas
Legislature in order to improve regulatory decision -making in gas utility ratemaking
proceedings both before the City and before any state agency that is authorized to set
rates that affect ratepayers within the City; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGER,
TEXAS:
Section 1. That the findings. set out in the preamble to this resolution are
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hereby in all things approved and adopted.
Section 2. The City directs ATM to oppose legislation which allows for:
• Annual rate increases based upon a formula or pre-set
criteria.
® The elimination or reduction in the ability of
incorporated municipalities to exercise original
jurisdiction to set rates.
• The imposition of taxes on ratepayers which are not
paid by the gas utility to the Internal Revenue Service
or the Texas Comptroller of Accounts;
• The setting of rates which unfairly burden low use
customers.
• The setting of rates which promote the waste or
inefficient use of natural gas.
• Reduction in the number of Commissioners of the
Railroad Commission or its successor agency to less
than three.
• The setting of rates which does not permit�a complete
and thorough review of capital, expenditures by gas
utilities.
Section 3. The City directs ATM to support legislation which allows for:
• The transfer of gas utility ratemaking functions to the
Public Utility Commission.
• The continuation of original jurisdiction by municipalities
over gas utility ratemaking.
• The State Office of Administrative Hearings ("SOAR") to
preside over all contested hearings involving gas utility
ratemaking where a state regulatory agency is
exercising original or appellate jurisdiction.
• The designing of rates which encourage the wise and
efficient use of natural gas.
Section 4. The City authorizes the ATM Steering Committee to hire and
direct legislative advocates to act on its behalf during the 82nd Regular Session of the
Texas Legislature.
Section 5. The City is not obligated to support the ATM legislative effort
out of its own funds.
Section 6. That a copy of this resolution shall be sent to Mr. Jim Boyle,
Herrera &Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701.
Secfiion 7. That the meeting at which the aforesaid bid was accepted was
in all things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code Chapter 551.
passage.
Section 8. That this resolution shall become effective from and after its
PASSED AND APPROVED this day of 9"t ` ` ' , 2011.
Thomas Muir, Mayor
ATTEST: `' f
.
Tami Taber, City Secretary