HomeMy WebLinkAboutResolution 2006-033
RESOLUTION NO. 2006-033
A RESOLUTON AUTHORIZING THE EXECUTION OF THE GAS
STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS THAT:
SECTION 1. The City Manager or designee is hereby authorized to execute the
Atmos Gas Standing Steering Committee Participation Agreement, a substantial copy of
which is attached as Attachment 1.
SECTION 2. Naming Karen Bostic, Managing Director, kbostic@nrhtx.com,
7301 NE Loop 820, North Richland Hills, Texas 76180, as the representative to receive
notices and carry out the responsibilities for the city as set forth in Attachment 1.
SECTION 3. Authorizing the payment of the initial participation of 5¢ per capita,
according to City's population show in the most recent TML Directory of Texas City
Officials.
SECTION 4. Directing that a certified copy of this resolution and the approved
participation fee be sent to: Jay Doegey, City of Arlington, P.O. Box 231, Arlington,
Texas 76004-0231.
PASSED AND APPROVED THIS 8TH DAY OF MAY, 2006. /ì
Y F NO~T8 ~HILLS:
George A. Staples, City Attorney
APPRQVED AS TO CONTENT:
j/
. ...... .~.
, ¿¡(¿{L/(/ C C
Karen Bostic, Managing Director
Attachment 1
Resolution No. 2006-033
THE STATE OF TEXAS
COUNTY OF
§
§
ATMOS GAS STANDING STEERlNG COMMITTEE
PARTICIPATION AGREEMENT
TIns Agreement is made and entered into on this the _ day of
200_, by, betwecn and among the CITY OF ,
TEXAS ("CITY") and member cities of the GAS STANDING STEERING COMMITTEE
(ltGSSC"). This Agreement is authorized by the Texas Interlocal Cooperation Act (V.T.C.A. Texas
Government Code, Chapter 79]), and other authorities.
WITNESSETH:
WHEREAS, the cities in the service area of Atmos Gas have worked together co]]ectiveJy in a
coalition to participate in the regulatory process to assure gas rates charged were just
and reasonable; and
WHEREAS, the nature of gas utility reguJation is undergoing substantial change as a result of
state and federal legislation; and
WHEREAS, there remains a need for cities to cooperate to assure the public interest is protected
and gas and other utility rates are just and reasonable; and
Wl-1EREAS, regulatory changes now require quick response in order to have meaningful input
into the rate setting process; and
WJ.:rEREAS, it is necessary to provide adequate resources to enable cJties to act quickly,
decisively, and jointly on gas utility regulatory developments; NOW THEREFORE,
111 consideration of the premises, agreements, covenants and promises set forth herein, it is
agreed as fonows:
1.
Atmas Gas Standi"!! Steeri"!! Committee
Membership and Executive Committee
The CITY and the member cities hereby form the Gas Standing Steering Committee
("GSSC"). Each member city shaIJ, by action of its goveming body, approve its membership in the
GSSC and designate its representative to receive notices and participate in and vote at GSSC
meetings. The GSSC shall be composed of all cities paying the current nonrefundable membership
fee. The membership fee shaH be established from time to time by the Executive Committee. The
fee for the initial period (approximately one year) is 5¢ per capita, according to the CITY's
population ]jsted in the most recent Texas Municipal League Directory of Texas City Officials. The
members shall elect an Executive Committee consisting of no more than twenty (20) persons which
shaH function as the Board of Directors. The Executive Committee shaIJ at least include a
representative from all member cities with a population greater than] 00,000, according to the most
recent Texas Municipal League Directory of Texas City Officials. The remainder of the
representatives sha]) be selected based upon diversity of geographic location and city population
size. Each dty on the GSSC and each city on the Executive Committee shan have one vote,
respectively. Meetings of the Executive Committee shall be open to each city on the GSSC
whether or not it has a representative on the Executive Committee.
2.
POWCI"S of the Executive Committee
The CITY and the member cities delegate to the Executive Committee the power to
intervene on behalf of GSSC member cities in gas projects, rulemaking, rate case, and related
dockets and appeals thereof, represent the interests of cities in utility matters before state and
federal legislative bodies and to pay fOT such activities. A member city may subsequently request
and cause its party status to be withdrawn from such activities. The Executive Committee shall fix
the amotmt of the membership fee fTom time to time.
3.
Election of Officers
The Executive Committee shall elect a chair and any co-chairs as it deems necessary who
shall serve at the pleasure of the Executive Committee. The Executive Committee shall also elect a
secretary/treasurer.
4.
Powers of the Officers
Each officer elected shall serve at the pleasure of the Executive Committee up to a term of
four (4) years. The Executive Committee shall elect or re-e]ect officers at least every four (4) years.
Unless terminated by the Executive Committee or the respective city governing body, the officer
shall perform the duties of office until a replacement has been elected. Meetings of the Executive
Committee and GSSC shall be upon call of the chair or two (2) members of the Executive
Committee. The Executive Committee sha]] meet at least annually. The chair is authorized by
action of the Executive Committee to engage consultants and attomeys and to pay for such services.
5.
Termination of Membership
A city may terminate its membership by action of its governing body, or if said cÜy fails to
pay its membership fee in full within one-hundred eighty (180) days after notification of fee due. A
city is considered notified on the day written notice is sent to its last designated representative on
file with tile secretary/treasurer.
6.
Monev Held in Trust
The officers shall hold and manage all money collected in trust for the benefit of the
member cities collectively. Officers may establish prudent fund accounts that accumulate funding
for activities and to pay authorized expenses. Officers shall serve without pay, but may be
reimbursed reasonable out-of-pocket expenses as approved by the Executive Committee. CITY
may request and receive a statement of GSSC revenues and expenses each year.
(2)
7.
Payment for Performance of Governmental Functions and Services Made from Current
Revcnues
By enteJing into this Agreement, CITY affinns that íl is paying [or the performance of
governmental functions or services from current revenues available. The payments made under this
agreement fairly and adequately compensates the GSSC for the services or f1mctions performed
under the contract.
8.
LCl!al Construction
In case anyone or more of the terms, provisions, phrases or clauses contained in this
agreement shall for any reason be held to be invalid, j)Jegal or unenforceable in any respect, such
invalidity, ilJegality or unenforceability shal1 be construed as if such invalid, illegal or unenforce-
able portion had never been contained herein.
9.
Entire Ål!rcement
This contract embodies the complete agreement of the parties hereto superseding all ora] or
written previous and contemporary agreements between the parties relating to matters herein and,
except as otherwise provided herein, cannot be modified without written agreement of the parties.
10.
No Other Oblil!ations
By entering into this Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in parties
not signatories hereto.
II.
Immunity
It is expressly understood and agreed tllat in the execution of this Agreement, neither CITY
nor GSSC waives, nor shal1 be deemed to waive, any immunity or defense that would otherwise be
available to each against claims arising in the exercise of governmental powers and functions.
12.
Authority
The undersigned officers and/or agents are properly authorized to execute this Agreement
on behalf of Ule parties hereto, and each hereby certifies to the other that any necessary resolutions
extending such authority have been duly passed and are now in fun force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
above.
(3 )
CITY OF
,TEXAS
BY:
Signature
Printed/Typed Name
Title
ATTEST:
ClTY SECRETARY
Signature
Printedfryped Name
GAS STANDING STEERING COMMITTEE
BY:
Signature
Printed/Typed Name
Title
(4 )
PEI¡d Lone StElr GElS Cities
City of Abilene
City of Arlington
City of Burkburnetl
City of Canton
City of Clarksville
City of Clebume
City of Comanche
City of Corinth
City of Dallas
CIty of Denison
City of Farmers Sranch
CIty of Fort Worth
CIty of Grand Prairie
City of Haltom City
City of Highland Village
City of Kerrvi lie
City of Madisonvllle
City of McKìn ney
City of Piano
City of Richardson
City of Rowlett
City of Sweetwater
City of Temple
City of The Colony
City of UniversIty Park
City of Vernon
City of Waco
City of Waxahachie
City of Westlake
Town of Flower Mound
Town of Highland Park
Town of Little Elm
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GAS STANDING STEEJUNG COM1\1JTTEE CONTACT INFORMATION
2006
Name:
Title:
City of:
Address:
Phone:
Fax:
Ernail:
Name:
Title:
City of:
Address:
Phone:
Fax:
Email:
Name:
Title:
City of:
Address:
Phone:
Fax:
Email:
Fax or emai] to: Mary Bunkley, bunkleym@ci.arlington.tx.us, c/o Arlìnglon City Attorney's Omce,
817/459-6897, Dr by US mail: Post Office Box 90231, Arlington, Texas 76004-3231, Mail Stop 63-0300