R208RESOLUTION N0.208
A RESOLUTION AUTHORIZING THE EXECUTION OF
THE GAS STANDING STEERING COMMITTEE
PARTICIPATION AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS:
I.
The Mayor is hereby authorized to execute the Atmos Gas Standing Steering Committee
Participation Agreement, a substantial copy of which is attached as Attachment 1.
II.
Cliff Blackwell, Finance Director (clackwell@cityofkennedale.com), 405 Municipal
Drive, Kennedale, Texas 76060 is hereby designated as Kennedale's representative to receive
notices and carry out the responsibilities for the city as set forth in Attachment 1.
III.
The City Council hereby authorizes the payment of the initial participation of 5¢ per
capita, according to City's population shown in the most recent TML Directory of Texas City
Officials.
IV.
A certified copy of this resolution and the approved participation fee shall be sent to:
Jay Doegey
City of Arlington
Post Office Box 231
Arlington, pT~exas 76004-0231
~~,,R~19S~D,~1ND APPROVED on this 0 day of , 2006.
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Kathy Turner, City Secretary
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ATTACHMENT 1
THE STATE OF TEXAS §
ATMOS GAS STANDING STEERING COMMITTEE
COUNTY OF TARRANT § PARTICIPATION AGREEMENT
THIS Agreement is made and entered into on this the day of ,
2006, by, between and among the CITY OF KENNEDALE, TEXAS ("CITY") and member
cities of the GAS STANDING STEERING COMMITTEE ("GSSC"). This Agreement is
authorized by the Texas Interlocal Cooperation Act (V.T.C.A. Texas Government Code, Chapter
791), and other authorities.
WITNESSETH:
WHEREAS, the cities in the service area of Atmos Gas have worked together collectively in a
coalition to participate in the regulatory process to assure gas rates charged were
just and reasonable; and
WHEREAS, the nature of gas 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 gas 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 gas utility regulatory developments; NOW
THEREFORE,
In consideration of the premises, agreements, covenants and promises set forth herein, it
is agreed as follows:
1.
Atmos Gas Standing Steering Committee
Membership and Executive Committee
The CITY and the member cities hereby form the Gas Standing Steering Committee
("GSSC"). Each member city shall, by action of its governing body, approve its membership in
the GSSC and designate its representative to receive notices and participate in and vote at GSSC
meetings. The GSSC 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 5¢ 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 representative from all member cities with a population greater than 100,000,
according to the most recent 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 GSSC and each city on the Executive Committee shall
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have one vote, respectively. Meetings of the Executive Committee shall be open to each city on
the GSSC 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 GSSC member cities in gas projects, rulemaking, 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 asecretary/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. 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 GSSC 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
representative on file with the secretary/treasurer.
6.
Money 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 GSSC revenues and expenses each year.
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Payment 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 compensate the GSSC for the services or functions
performed under the contract.
8.
Lesal Construction
In case any one 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 unenforce-
able portion had never been contained herein.
9.
Entire Agreement
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 Obligations
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.
11.
Immuni
It is expressly understood and agreed that in the execution of this Agreement, neither
CITY nor GSSC waives, nor shall be deemed to waive, any immunity or defense that would
otherwise be available to each against claims arising in the exercise of governmental powers and
functions.
12.
Authority
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.
(05/23/06) 1'aSe 9
CITY OF KENNEDALE, TEXAS
BY: ~ G/~ ~~~VW' ~..
S gnature
Printed/Typed Name
MAYOR
Title ; ~,`-t ..,......,,• r~'.a,
ATTEST: ` ~" • • ~. ~
CITY SECRETAI~~ o ~ ~ ; ~ ~A
Kathy Turne
GAS STANDING STEERING COMMITTEE
BY:
Signature
Printed/Typed Name
Title
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