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07-07-09-Resolution-Approving Atmos Energy Tariffs-07/20/2009RESOLUTION NO, R# 07-07-09 .APPROVING ATMOS ENERGY CORPORATION, DIVISION . A E MOAS tRESULT IJ I A SETTLEMENT is ETWEEN ATMOSh EI} THE ATMOSS ;(E 'AE ! E! 1' ); DING THAT THE RATES ET BY THE ATTACHED TARIFFS a BE JUST A N ll IERASONABLE; KPIDING THAT1 MEETING 1 "E EI EIS VVffTH THE OPEN MEETINGS ECLARING AN EFFECTIVE DATE; AND REQUIPJNG E13ELRVERY OF THE, RESOLUTIONTO THE l COMFANY D LEGAL aiCOUNSEL Regulatory Act ("GURA"} and under § 103.Op1 of GURA has exclusive original jurisdiction over Atmos Energy Corporation — Mid -Tex Division ("Atmos") rates, operations, and services of a gas utility within the municipality; and REAS, the City has participated in prior cases regarding Atmos as part of a coalition of cities known as the Atmos Texas Municipalities ("ATM"), and 'WHEREAS, pursuant to the Rate Review Mechanism ("RRM") for 2008 Atmos filed with the City Secretary on March 6, 2009 for an increase in rates of $24,047,441 with an offset of $9 million at the expiration of the 2007 true -up resulting in a net increase of $15,047,441. WHEREAS, for almost four months the experts representing ATM have been analyzing data furnished by Atmos and interviewing Atmos' management; and WHEREAS on June 26, 2009, ATM and Atmos entered into a settlement agreement which provided for a net increase of $2.6 million. This will cause rates to increase by 15 cents per month for a typical residential customer, and WHEREAS, the net increase is approximately 170Z of the total amount requested. WHEREAS, slight changes were agreed to by ATM to the Gas Cost Recovery tariff and the Conservation Energy Efficiency tariff; and WHEREAS, the Steering Committee of ATM and its lawyers recommend approval of the attached tariffs, set forth as Attachment A. Section L That the statements set out in tlYe preamble to this resolution are hereby in all things approved and adopted. Section 2> The amended tariffs in Attachment A are hereby adopted to become effective on August 1, 2009. Section 3. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Govermnent Code, Chapter 5511 Section 4. This resolution shall become effective from and after its passage. Section 6. A copy of this Resolution shall be sent to Atmos Mid Tex, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, at Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, TX 78701. PASSED AND APPROVED this Joe Higgs, Mayor A' 60.titaB9l ld,J,as, : ` ; CIF • .' T 0it •, If _ .` J .yam j-- (_. t (..k''X' • s, 0 /f Rosalie ,Chavez, City tEx 1-A 2009.