HomeMy WebLinkAboutResolution - 2006-R0024 - Resolution To Submit All Documents - Atmos Energy - 01_12_2006Resolution No. 2006-R0024
January 12, 2006
Item 6.9
RESOLUTION
WHEREAS, pursuant to Sections 102.001(b) and 103.001 of the Texas Utilities
Code the City Council of the City of Lubbock is the regulatory authority that has
exclusive original jurisdiction over the rates, operations, and services of a gas utility
operating within the municipality; and
WHEREAS, the City of Lubbock has not surrendered its exclusive original
jurisdiction to the railroad commission as provided for in Section 103.003 of the Texas
Utilities Code; and
WHEREAS, the West Texas Division of Atmos Energy is the exclusive provider
of retail gas utility service within the corporate limits of the City of Lubbock; and
WHEREAS, the City of Lubbock, as the regulatory authority with exclusive
original jurisdiction over gas utilities within the corporate limits of the municipality,
pursuant to Section 102.201 of the Texas Utilities Code, may, inquire into the
management and affairs of a gas utility operating within the municipality; and
WHEREAS, the City of Lubbock, pursuant to Section 102.203 of the Texas
Utilities Code, may inspect and obtain copies of the papers, books, accounts, documents,
and other business records of a gas utility within the municipality; and
WHEREAS, a gas utility is required to submit information to a municipality as
necessary to make a reasonable determination of rate bas, expenses, investment and rate
of return in the municipality; and
WHEREAS, the City Council of the City of Lubbock finds that the West Texas
Division of Atmos Energy shall submit sufficient information to the City of Lubbock so
that the City of Lubbock may make a reasonable determination of rate bas, expenses,
investment and rate of return in the municipality in order to ensure that fair, just and
reasonable rates and adequate and efficient services are being provided to the citizens of
the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT, pursuant to Sections 102.201, 102.154, 102.203 and 103.021 (a) of
the Texas Utilities Code, the West Texas Division of Atmos Energy is hereby required to
submit to the City Manager within thirty (30) days of the passage of this resolution copies
of all papers, books, accounts, documents, business records, investments, expense and
revenue projections, and other documents necessary for the City of Lubbock to review
the rates, operations and services of the West Texas Division of Atmos Energy to ensure
that they are fair, just, reasonable, adequate and efficient.
2. THAT, in the event the City of Lubbock determines, after reviewing the
documents provided in Section 1 above, that an adjustment to the rates or services of the West
Texas Division of Atmos Energy is necessary, the City shall institute a ratemaking proceeding,
calling for a public hearing, providing notice for such hearing and instituting all the applicable
provisions of Chapter 103, Subtitle A, of the Texas Utilities Code including without limitation
the applicable provisions, if any, of Chapter 2001 of the Texas Government Code.
3. THAT, beginning February 1, 2006 and pursuant to Section 102.154 of the Texas
Utilities Code, the West Texas Division of Atmos Energy is required to file with the City
Secretary an annual report outlining in detail all expenditures by the West Texas Division of
Atmos Energy for business gifts and entertainment and all expenditures for advertising or public
relations.
Passed by the City Council this 12th
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Le Dumbauld,
City Manager
APPROVED AS TO FORM:
Matt ew L. Wade
Natural Resources Attorney
ccdocs/Rate Records
January 10, 2006
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