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2000-098-RES AUTHORIZING INTERVENTION BY THE CITY OF RESOLUTION NO. 2000-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING INTERVENTION BY THE CITY OF PARIS IN TXU ELECTRIC COMPANY'S TRANSMISSION AND DISTRIBUTION RATE CASE; AUTHORIZING PARTICIPATION WITH THE STANDING STEERING COMMITTEE OF CITIES SERVICED BY TXU ELECTRIC; AUTHORIZING THE HIRING OF RATE CASE ATTORNEYS AND CONSULTANTS THROUGH THE STANDING STEERING COMMITTEE; AND AUTHORIZING THE PAYMENT OF 10 CENTS PER CAPITA TO THE STANDING STEERING COMMITTEE TO FUND THIS AND OTHER TXU ELECTRIC AND SB 7 RELATED CASES AND DOCKETS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN E}"}'ECTIVE DATE. WHEREAS, the City of Paris is a regulatory authority under the Public Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of TXU Electric Company (TXU Electric) within the municipal boundaries of the City; and, WHEREAS, pursuant to PURA ~39,20I, TXU Electric Company is required to file proposed tariffs for its transmission and distribution utility on or before April I, 2000; and, WHEREAS, the PURA requires TXU Electric to include supporting data for determination of nonbypassable delivery charges, including a competition transition charge to collect estimated stranded costs associated with the Comanche Peak nuclear plant; and, WHEREAS, TXU Electric's filing will result in transmission and distribution charges to go into effect as of January I, 2002; and, WHEREAS, the charges established by the Public Utility Commission (PUC) have the potential to hinder competition in TXU Electric's service territory; and, WHEREAS, the Steering Committee of Cities serviced by TXU Electric has historically intervened in TXU Electric rate proceedings to protect the interests of municipalities and electric customers residing within municipal boundaries; and, WHEREAS, pursuant to PURA ~33,025, the City of Paris has standing to intervene in PUC proceedings relating to the provision of electric service to the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved, Section 2. That the City is authorized to intervene in TXU Electric's transmission and distribution rate case filed at the Public Utility Commission of Texas on or before April I, 2000. Section 3. That the City is authorized to join the Standing Steering Committee of Cities served by TXU Electric, with the City Attorney designated as the City of Paris's representative, to protect the interests of the City of Paris and protect the interests of TXU Electric's customers residing and conducting business within the City limits, and the Mayor is hereby authorized to execute and the City Clerk to attest to an inter local participation agreement by and among the City of Paris and the other cities so participating, a copy of which such agreement is attached hereto as Exhibit A and incorporated herein for all purposes, Section 4. That the City hereby authorizes the Executive Committee of the Standing Steering Committee to hire necessary attorneys and rate case consultants to review TXU Electric's filing, to represent the City at the PUC and to prosecute any appeals as directed by the Steering Committee. Section 5. That the City be and is hereby further authorized to pay to the Standing Steering Committee lOe per capita based on the population figures for the City shown in the latest TML Directory of City Officials to defray the City's portion of the cost of representation shared with other cities in this proceeding for a total contribution of $2,469.90. Section 6. That a copy of this Resolution shall be sent to Jay Doegey, City Attorney for the City of Arlington and Chairman of the Standing Steering Committee of Cities Served by TXU Electric, and to the local TXU Electric manager. Section 7. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED on this the 10th day of July, 2000, by a vote of ~ ayes and ~ nays at a regular meeting of the City Council of the City of Paris, Paris, Texas. ~-L~~~ Michael J. pAe er, or ATTEST: ~' ~~'-""\>.~ ~0 Mattie Cunningham, City Clerk APPROVED AS TO FORM: THE STATE OF TEXAS II COUNTY OF TARRANT ~ STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT THIS Agreement is made and entered into on this the 10th day of July, 2000, by, between and among the City of Paris, Paris, Texas ("CITY") and member cities of the STANDING STEERING COMMITIEE ("SSC"). This Agreement is authorized by the Texas Interlocal Cooperation Act (V,T,C,A, Texas Government Code, Chapter 791), and other authorities. WIT N E SSE T H: WHEREAS, the cities in the service area of the Texas Utilities Electric Company have worked together collectively in a coalition to participate in the regulatory process to assure electric rates charged were just and reasonable; and, WHEREAS, the nature of electric utility regulation is undergoing substantial change as a result of state and federal legislation; and, WHEREAS, there remains a need for cities to cooperate to assure the public interest is protected and electric and other utility rates are just and reasonable; and, WHEREAS, regulatory changes now require quick response in order to have meaningful input into the rate-setting process; and, WHEREAS, it is necessary to provide adequate resources to enable cities to act quickly, decisively, and jointly on electric utility regulatory developments; NOW, THEREFORE, In consideration of the premises, agreements, covenants, and promises set forth herein, it is agreed as follows: 1. Standinl! SteeriDl! Committee Membership and Executive Committee The CITY and the member cities hereby form the Standing Steering Committee ("SSC"). Each member city shall, by action of its governing body, approve its membership in the SSC and designate its representative to receive notices and participate in and vote at SSC meetings, The SSC shall be composed of all cities paying the current nonrefundable membership fee, The membership fee shall be established from time to time by the Executive Committee, The fee for the initial period (approximately one year) is lOe per capita, according to the CITY's population listed in the most recent Texas Municipal League Directory of Texas City Officials. The members shall elect an Executive Committee consisting of no more than twenty (20) persons which shall function as the Board of Directors. The Executive Committee shall at least include a -1- EXHIBIT A representative from all member cities with a population greater than 100,000, according to the 1995-96 Texas Municipal League Directory of Texas City Officials. The remainder of the representatives shall be selected based upon diversity of geographic location and city population size, Each city on the SSC and each city on the Executive Committee shall have one vote, respectively. Meetings of the Executive Committee shall be open to each city on the SSC whether or not it has a representative on the Executive Committee, 2. Powers of the Executive Committee The CITY and the member cities delegate to the Executive Committee the power to intervene on behalf of SSC member cities in electric projects, rule making, rate case, and related dockets, and appeals thereof, represent the interests of cities in utility matters before state and federal legislative bodies and to pay for such activities. A member city may subsequently request and cause its party status to be withdrawn from such activities. The Executive Committee shall fix the amount of the membership fee from time to time. 3. Election of Officers The Executive Committee shall elect a chair and any co-chairs as it deems necessary who shall serve at the pleasure of the Executive Committee. The Executive Committee shall also elect a secretary/treasurer. 4. Powers of the Officers Each officer elected shall serve at the pleasure of the Executive Committee up to a term of four (4) years, The Executive Committee shall elect or re-elect officers at least every four (4) years. The Executive Committee shall elect or re-elect officers at least every four (4) years, Unless terminated by the Executive Committee or the respective city governing body, the officer shall perform the duties of office until a replacement has been elected, Meetings of the Executive Committee and SSC shall be upon call of the chair or two (2) members of the Executive Committee. The Executive Committee shall meet at least annually, The chair is authorized by action of the Executive Committee to engage consultants and attorneys and to pay for such services. 5, Termination of Membership A city may terminate its membership by action of its governing body, or if said city fails to pay its membership fee in full within one-hundred eighty (180) days after notification of fee due, A city is considered notified on the day written notice is sent to its last designated -2- representative on file with the secretary/treasurer. 6. Monev Held in Trust The officers shall hold and manage all money collected in trust for the benefit of the member cities collectively. Officers may establish prudent fund accounts that accumulate funding for activities and to pay authorized expenses. Officers shall serve without pay, but may be reimbursed reasonable out-of-pocket expenses as approved by the Executive Committee, CITY may request and receive a statement of SSC revenues and expenses each year, 7. Pavment for Performance of Governmental Functions and Services Made from Current Revenues By entering into this Agreement, CITY affirms that it is paying for the performance of governmental functions or services from current revenues available, The payments made under this agreement fairly and adequately compensates the SSC for the services or functions performed under the contract. 8. Lel!:al Construction In case anyone or more of the terms, provisions, phrases or clauses contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall be construed as if such invalid, illegal or unenforceable portion had never been contained herein, 9. Entire Al!:reement This contract embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. 10. No Other Oblil!:ations By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. -3- 11. Immunitv It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor SSC waives, nor shall be deemed to waive, any immunity or defense that would other wise be available to each against claims arising in the exercise of governmental powers and functions. 12. Authoritv The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated above, CITY OF PARIS, PARIS, TEXAS STANDING STEERING COMMITTEE By: Signature By: Signature Prinled/Typed Name Prinled/Typed Name Title Title ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney -4-