Resolution 2009-03 RESOLUTION NO. 2009-03(R)
RESOLUTION OF THE CITY OF WYLIE, TEXAS SUSPENDING THE
EFFECTIVE DATE OF COSERV GAS LTD.'S REQUESTED RATE
CHANGES TO PERMIT THE CITY TIME TO STUDY THE REQUEST
AND TO ESTABLISH REASONABLE RATES; APPROVING
COOPERATION WITH OTHER CITIES WITHIN THE COSERV
SYSTEM TO HIRE LEGAL AND CONSULTING SERVICES AND TO
NEGOTIATE WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION; REQUIRING REIMBURSEMENT OF
CITIES' RATE CASE EXPENSES; AUTHORIZING INTERVENTION
IN THE PROCEEDING AT THE RAILROAD COMMISSION;
REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY.
WHEREAS, on or about December 18, 2008, CoServ Gas Ltd. ("CoServ"), filed with
the City of Wylie, Texas a Statement of Intent to change gas rates in all municipalities within the
CoServ System; and
WHEREAS, it is reasonable for the City of Wylie, Texas to cooperate with other cities
in a review of the Company's Statement of Intent and to coordinate the hiring and direction of
legal counsel and consultants and to negotiate with the Company and direct any necessary
litigation; and
WHEREAS, Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the
right to suspend the effective date of proposed rate changes for ninety (90) days; and
WHEREAS, Gas Utility Regulatory Act § 103.022 provides that costs incurred by cities
in ratemaking activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
Section 1. That the January 23, 2009 effective date of the rate request submitted by
CoServ 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 City is authorized to cooperate with other cities in the CoServ
service area to hire and direct legal counsel and consultants, negotiate with the Company, and to
intervene and participate in any necessary administrative proceedings or court litigation
associated with an appeal of city action.
Section 3. That the City's reasonable rate case expenses shall be reimbursed by CoServ.
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 the public notice of the
time, place, and purpose of said meeting was given as required.
Resolution No. 2009-03(R) 1
Suspending effective date of CoServ Rate Increase
Section 5. A copy of this Resolution shall be sent to Charles D. Harrell, Chief Financial
~ Officer, CoServ Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842 and to Kristen
Doyle, counsel for Cities Served by CoServ at Lloyd Gosselink Rochelle & Townsend, P.C., 816
Congress Avenue, Ste. 1900, Austin, Texas 78701.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
and this the 27th day of January 2009.
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Eric Hogue, Mayd4~
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ATTEST: r
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Car le Ehrlich, ity Secretary
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Resolution No. 2009-03(R) 2
Suspending effective date of CoServ Rate Increase