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R147 .;L CITY SECRETARY'S COPY RESOLUTION NO. 147 A RESOLUTION OF THE CITY OF KENNEDALE AUTHORIZING INTERVENTION IN GAS UTILITIES DOCKET 9292 AT THE RAILROAD COMMISSION; AUTHORIZING PARTICIPATION IN A STEERING COMMITTEE WITH OTHER CITIES SERVED BY TXU AND REQUIRING REIMBURSEMENT FROM TXU LONE STAR PIPELINE OF CITIES' REASONABLE RATE CASE EXPENSES WHEREAS, TXU Lone Star Pipeline (LSP) filed a Statement of Intent with the Railroad Commission (designated as GUD 9292) on April 5, 2002, to surcharge residential and commercial gas customers who are residents of the City of Kenndale to cover costs associated with a new pipeline to serve the Metroplex; and WHEREAS, the requested surcharges of 37¢ per month and $2.10 per month on residential and commercial customers, respectively, will adversely impact the City of Kennedale and its residents; and WHEREAS, Cities served by TXU have a history of cooperation in gas rate matters and such cooperation in GUD 9292 will be efficient and cost effective in evaluating whether the proposed pipeline is reasonable and necessary and whether associated costs should be recovered in piecemeal ratemaking through a surcharge; and WHEREAS, pursuant to Utilities Code § 103.023, municipalities have standing to intervene in this case; and WHEREAS, pursuant to Utilities Code § 103.022, municipalities are entitled to reimbursement of their reasonable costs of participation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: I. That the City Council of the municipality of Kennedale, Texas, authorizes City Manager and/or Assistant City Manager, to represent the City on the Steering Committee of affected cities (hereinafter called "Steering Committee ") and authorizes the Steering Committee of which the City is a participating member, to retain legal counsel and engage consultants, and to intervene on behalf of the City in related dockets and appeals. II. That the Steering Committee formed to oversee this effort on behalf of cities is authorized to take all reasonable steps before the Railroad Commission and before the Courts as may be necessary in an appeal of a Commission Order. III. That LSP is hereby directed to promptly pay cities' rate case expenses as they are incurred. IV. The City Secretary shall cause copies of this resolution to be sent to the TXU representative: Autry Warren Rate Manager, TXU Gas Distribution 1601 Bryan Street Dallas, Texas 75201 -3402 and to: Mr. Jay B. Doegey City Attorney City of Arlington Post Office Box 231 Arlington, Texas 76004 -0231 for forwarding to the Steering Committee. (2) PRESENTED AND PASSED on this the 9 day of May 2002, by a vote of ¢ ayes and Q nays at a regular meeting of the City Council of the City of Kennedale, Texas. F F'' a • . 'di le : *? Mayor, Mark S. Wright N : ='? •A u ' ' : j M' C, Kath Turner, City Secretary APPROVED AS TO FORM: wkof44(1-- Wayne K. Olson, City Attorney (3)