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HomeMy WebLinkAboutRES 071409-V - ATMOS Settlement AgmtRESOLUTION NO. 01 y© A RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS APPROVING A CHANGE IN THE TARIFFS OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION ("ATMOS") AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES ("ATM"), FINDING THAT THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Georgetown, Texas ("City") is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and under § 103.001 of GURA has exclusive original Jurisdiction over Atmos Finergy Corporation — Mid -Tex Division ("Atmos") rates, operations, and services of a gas utility within the municipality; and WHEREAS, 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 S2.6 million. This will cause rates to increase by 15 cents per month for a typical residential customer; and WHEREAS, the net increase is approximately 17% of the total amount requested. WHEREAS, slight changes were agreed to by ATM to the Gas Cost Recovery tariff and the Conservation I-nergy Efficiency tariff; and ATMOS Settlement Agreement Resolution No. Q/ 1 t 0 9 ®4 WHEREAS, the Steering Committee of ATM and its lawyers recommend approval of the attached tariffs, set forth as Attachment A. NOW THERN;FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF QairQ THAT; Section 1. That the stateruents set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. 1'he City Council hereby finds that this Resolution implements the utility Policy Statement 11.0 of the Century Plan — Policy Plan Hement, which states: "City owned, sponsored or managed utilities are competitively priced and provide safe, adequate and reliable services to all customers. ", and further finds that the adoption of this Resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan.. Section 3. The amended tariffs in Attachment A are hereby adopted to become effective on August 1, 2009. Section 4. The meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. 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 Fnergy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, at Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1120, Austin, Texas 78701. RI-SOLVbD this ATMOS Settlement Agreement Resolution No. day of J l , 2009 ATTi ST: 1r Jessica Haim►ilton, City Secretary APPROVED AS TO FORM: THE CITY OF GEORGETOW\: By: George G. Garver, Mayor Patricia h Carls, Carls, McDonald & 1 >alrymple LLP City Attorney ATMOS Settlement Agreement Resolution No.