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HomeMy WebLinkAboutResolution No. 2011-16 RESOLUTION NO. R2011-16 RESOLUTION OF THE CITY OF FRIENDSWOOD APPROVING THE SETTLEMENT AGREEMENT BETWEEN TEXAS-NEW MEXICO POWER COMPANY ("TNMP") AND THE CITIES SERVED BY TNMP REGARDING TNMP'S REQUEST FOR APPROVAL OF AN ADVANCED METERING SYSTEM ("AMS") DEPLOYMENT AND AMS SURCHARGE, FILED ON OR ABOUT MAY 26, 2010, AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. � � � * � WHEREAS, on or about May 26, 2010, Texas-New Mexico Power Company ("TNMP" or the "Company") filed with the Public Utility Commission of Texas ("PUC" or"Commission") a request for approval of an Advanced Metering System deployment and AMS surcharges; and WHEREAS, the City has joined a coalition of cities served by the Company and is affected by the Company's proposed surcharges to its rates throughout its service area, said coalition being known as the Cities Served by TNMP ("Cities"), and that the Cities joined together to facilitate the review and response to TNMP's request for AMS deployment and AMS surcharges and also in order to make the most cost-effective and efficient use of attorneys and rate consultants; and WHEREAS, Cities hired attorneys and consultants to review the Company's request for AMS deployment and for AMS surcharges and enter into negotiations with the Company in an attempt to reach a reasonable agreement as to the Company's proposal while avoiding excessive expenses for the Cities' attorneys and consultants; and WHEREAS, after review of the Company's requested information, Cities' representatives entered into negotiations with the Company; and WHEREAS, the Company's and Cities' representatives have reached an agreement as to the Company's request for AMS deployment and for AMS surcharges, conditioned on final regulatory approval by the Commission, which approval occurred during the Commission's regular open meeting on July 8, 2011 and in an Order dated July 13, 2011; and WHEREAS, the City has reviewed the Settlement Agreement reached between the Company's and the Cities' representatives and has determined that approval of the Settlement Agreement is in the best interest of the City and its residents and, therefore, should be approved by the City. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That it is in the best interest of the City and its residents to approve the Settlement Agreement with Texas-New Mexico Power Company, attached hereto as Exhibit A, which is hereby approved. Section 2. That Cities' and the City's reasonable rate case expenses shall be reimbursed by the Company as set out in the Settlement Agreement and no out-of-pocket Cities expenses shall be charged to or due from the City. Section 3. That counsel for Cities, Christopher L. Brewster, is hereby authorized to represent to the Commission that the City of Friendswood has approved the Settlement Agreement. 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 Christopher L. Brewster at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. R2011-16 2 Section 6. That nothing contained in this Resolution shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under law to regulate the rates and charges of T`NMP. Section 7. This Resolution shall become effective from and after its passage. PASSED,APPROVED,AND RESOLVED this 25th day of July,2011. � David J. H. Smith Mayor ATTEST: o� pR�Ely�s '�` O �-�--� � v Melinda Welsh, TRMC * * City Secretary s Py ��rF oF jE�' R2o11-16 3