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HomeMy WebLinkAboutR09-195269 RESOLUTION NO. R09-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING PARTICIPATION THROUGH THE ALLIANCE OF XCEL MUNICIPALITIES; AUTHORIZING EMPLOYMENT OF LEGAL COUNSEL AND COMPENSATION FOR THE SAME; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, in November 2008, Staff ("Staff") filed notice of Project Ratemaking Methodologies; and the Public Utility Commission of Texas 36358 -Consideration of Alternative WHEREAS, Project 36358 was initiated by American Electric Power Company ("AEP") in an attempt to eliminate the traditional rate review process and cost of service regulation applicable to monopoly utilities; and WHEREAS, other utilities, including Southwestern Public Service Company, a subsidiary of Xcel, Inc., are expected to join with AEP in order to make it much easier to implement rate increases; and WHEREAS, if successful, Project 36358 marks the beginning of elimination of effective regulation of monopoly electric utilities; and WHEREAS, the Public Utility Commission of Texas ("PUC") has set January 6, 2009, as the deadline date for submitting briefs on the legality of "streamlined" regulation proposals; and WHEREAS, responding to the questions of legality regarding Project 36358 requires the expertise of lawyers and experts who specialize in matters of utility regulation; and WHEREAS, the coalition known as the Alliance of Xcel Municipalities ("AXM") has previously participated in proceedings at the PUC, and participation in AXM will benefit electric customers within our municipality by ensuring a meaningful review of electric utilities' expenses and revenues, thereby helping to maintain reasonable rates; and WHEREAS, it is necessary to assess the member cities of AXM in order to ensure its effective participation at the PUC in responding to the effort by monopoly utilities to render ineffective the existing rate-review safeguards. NOW, THEREFORE, The City of Plainview Hereby Resolves That: Resolution No. R09-195 Project No. 36358 Page 1 of 3 270 SECTION I. The findings set out in the preamble to this resolution are in all things approved and adopted. SECTION II. The City of Plainview, Texas, ("City") is authorized to participate in PUC Project 36358 with other members cities of AXM. SECTION III. The AXM steering committee will provide direction and guidance to legal and consulting experts with regard to Project 36358 and subsequent related proceedings. SECTION IV. The City authorizes the law firm of HERRERA & BOYLE, PLLC to act on behalf of the City and AXM in connection with Project 36358. SECTION V. Legal counsel for AXM is authorized to take such actions in connection with Project 36358 as are in the best interest of the ratepayers of AXM located within the City's municipal boundaries, consistent with the instructions of the Steering Committee, including administrative or judicial proceedings related to Project 36358. SECTION VI. The City commits to compensate the law firm of HERftERA & BOYLE, PLLC, according to a predetermined per capita pro rata share of expenses as set forth in Attachment "A". SECTION VII. The meeting at which this resolution was adopted was approved and was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION VIII. This resolution shall become effective from and after its passage. PASSED AND APPROVED this 13th day of Jan ATTEST: Belinda Hinojosa, City Secret Resolution No. R09-195 Project No. 36358 Page 2 of 3 271 APPROVE~SJ~O CONTENT: Hager APPROVED AS TO FORM: Leslie Spear ear e, City Attorney Resolution No. R09-195 Project No. 36358 Page 3 of 3 272 ATTACHMENT A City Population Percentage Per Capita Share Abernathy 2,839 0.66% $132.06 Adrian 157 0.04% $7.30 Amarillo 183,021 42.57% $8,513.28 Amherst 791 0.18% $36.79 Anton 1212 0.28% $56.38 Booker 1,351 0.31% $62.84 Borger 14,302 3.33% $665.26 Bovina 2,000 0.47% $93.03 Cactus 2,647 0.62% $123.13 Canadian 2,258 0.53% $105.03 Canyon 13,346 3.10% $620.79 Channing 357 0.08% $16.61 Claude 1,313 0.31% $61.07 Crosbyton 1,874 0.44% $87.17 Dalhart 7,237 1.68% $336.63 Darouzett 303 0.07% $14.09 Denver City 3,985 0.93% $185.36 Dimmit 4,375 1.02% $203.50 Dumas 13,747 3.20% $639.45 Earth 1109 0.26% $51.59 Farwell 1444 0.34% $67.17 Floydada 3,676 0.85% $170.99 Follet 441 0.10% $20.51 Friona 3,908 0.91% $181.78 Fritch 2,235 0.52% $103.96 Groom 590 0.14% $27.44 Gruver 1,162 0.27% $54.05 Hale Center 2,185 0.51% $101.64 Happy 647 0.15% $30.10 Hart 1,198 0.28% $55.73 Hereford 14,745 3.43% $685.87 Higgins 435 0.10% $20.23 Idalou 2,137 0.50% $99.40 Kress 805 0.19% $37.44 Lake Tanglewood 833 0.19% $38.75 LeFors 559 0.13% $26.00 Levelland 12,932 3.01% $601.54 Littlefield 6,507 1.51% $302.68 Cockney 2,056 0.48% $95.64 Lorenzo 1327 0.31% $61.73 McLean 830 0.19% $38.61 Meadow 658 0.15% $30.61 Miami 588 0.14% $27.35 Mobeetie 104 0.02% $4.84 Morton 2,249 0.52% $104.61 Muleshoe 4,579 1.06% $212.99 New Deal 732 0.17% $34.05 Olton 2288 0.53% $106.43 273 ATTACHMENT A Palisades 364 0.08% $16.93 Pampa 17,887 4.16% $832.02 Panhandle 2,601 0.60% $120.99 Perryton 8,096 1.88% $376.59 Petersburg 1,262 0.29% $58.70 Plainview 23,000 5.35% $1,069.85 Post 3,802 0.88% $176.85 Ralls 2,184 0.51% $101.59 Ropesville 519 0.12% $24.14 Sanford 203 0.05% $9.44 Seagraves 2,334 0.54% $108.57 Seminole 6,750 1.57% $313.98 Shallowater 2,200 0.51% $102.33 Silverton 779 0.18% $36.24 Skellytown 610 0.14% $28.37 Slaton 6,109 1.42% $284.16 Spearman 3,021 0.70% $140.52 Springlake 135 0.03% $6.28 Stinnet 1,936 0.45% $90.05 Stratford 1991 0.46% $92.61 Sudan 1,040 0.24% $48.38 Sunray 1,961 0.46% $91.22 Tahoka 2,910 0.68% $135.36 Timbercreek 460 0.11% $21.40 Vega 936 0.22% $43.54 Wellman 252 0.06% $11.72 Wheeler 1393 0.32% $64.80 White Deer 1060 0.25% $49.31 Whiteface 465 0.11% $21.63 Wilson 532 0.12% $24.75 Wolfforth 3,100 0.72% $144.20 0.00% $0.00 Total 429,966 100.00% $20,000.00