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HomeMy WebLinkAboutResolution No. 2009-29 RESOLUTION NO. R2009-29 A RESOLUTION OF THE CITY OF FRIENDSWOOD AUTHORIZING REVIEW OF CENTERPOINT ENERGY GAS' COST OF SERVICE ADJUSTMENT ("COSA") TARIFF, APPROVING COOPERATION WITH THE GULF COAST COALITION OF CITIES TO REVIEW CENTERPOINT'S APPLICATION, HIRING LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. * * * * * * * * * WHEREAS, on or about May 1, 2009, CenterPoint Energy Gas ("CenterPoint" or "Company"), filed with the City a Cost of Service Adjustment ("COSA") Tariff seeking to increase natural gas rates to all customers residing in the City; and WHEREAS, the City of Friendswood is a member of the Gulf Coast Coalition of Cities and will cooperate with other similarly situated city members located within the CenterPoint service area in conducting a review of the Company's application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, working with the Gulf Coast Coalition of Cities to review the application filed by CenterPoint allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, the Gulf Coast Coalition of Cities has a lengthy history of participating in gas utility proceedings protecting the interests of municipalities and gas utility customers residing within municipal boundaries; and WHEREAS, pursuant to the July 3, 2008 Settlement Agreement pertaining to CenterPoint's March 6, 2008 rate case, costs incurred by cities associated with this proceeding are to be reimbursed by the Company; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: SECTION 1: That the City is authorized to participate with the Gulf Coast Coalition of Cities regarding CenterPoint's COSA filing to coordinate efforts to protect the interests of the City and protect the interests of CenterPoint's customers residing and conducting business within municipal limits. SECTION 2: Subject to the right to terminate employment at any time, the City hereby authorizes the hiring of Thomas Brocato of the law firm of Lloyd Gosselink Rochelle and Townsend, P.C. and consultants to negotiate with the Company, make recommendations regarding reasonable rates and to direct any necessary administrative proceedings or court litigation associated with an appeal of the COSA filing. SECTION 3: That the City's reasonable expenses shall be reimbursed by CenterPoint. 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. SECTION 5: A copy of this Resolution shall be sent to Thomas Brocato, General Counsel to the Gulf Coast Coalition of Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. SECTION 6: That this Resolution shall be in full force and effect from and after its passage and adoption. PASSED,APPROVED AND RESOLVED on this 18th day of Mav 2009. Dav d J. H. mith Mayor ATTEST �o� f R�EN�s . � ,� O D loris McKenzie, T C v v City Secretary * * �' Py ��rF OF S�� R2009-29 2