Title
Discuss and consider action to approve a resolution with the caption reading: A RESOLUTION BY THE CITY OF PFLUGERVILLE, TEXAS TO AUTHORIZE SPECIAL COUNSEL TO RESIST THE ACQUISITION OF WINDERMERE UTILITY COMPANY, INC. BY MONARCH UTILITIES I, L.P. IN SOAH DOCKET NO. 582-12-0224 AND RELATED PROCEEDINGS, TO ENCOURAGE CUSTOMERS OF WINDERMERE UTILITY COMPANY TO ATTEND THE PRELIMINARY HEARING SCHEDULED FOR NOVEMBER 8, 2011 AT 10:00 AM AT THE WILLIAM P. CLEMENTS BUILDING AT 300 WEST FIFTEENTH STREET, AUSTIN TEXAS; DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS ADOPTED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN A EFFECTIVE DATE.
Summary
The City Council will consider approving this resolution at a special City Council meeting on November 1, 2011 in order to provide the City's findings on the sale/transfer/merger (STM) request by Monarch Utilities to combine a number of certificates of convenience and necessity (CCN's) that are currently held by various utilities companies throughout the State of Texas, including the CCN currently held by Windermere Utilities, into one Monarch CCN.
Background
The application to transfer the Windermere water and wastewater CCNs to the Monarch CCN was filed with the Texas Commission on Environmental Quality (TCEQ) on February 25, 2011. This resolution resisting the proposed sale/transfer/merger (STM) action lists the various detrimental effects that it would have on the citizens of Pflugerville who live in the affected area - primarily the Heatherwilde and Windermere subdivisions. The City Council approved a resolution on August 23, 2011 allowing the city to participate in a coalition of cities that are resisting the STM action, along with the rate case.
State legislators including Senator Kirk Watson and Representatives Mark Strama and Dawnna Dukes have expressed concern about the limited state oversight associated with investor-owned utilities. City of Pflugerville staff is providing information about the proposed STM action and any City actions related to it to their offices.
Deadline for City Council Action
Action is requested on November 1, 2011 in order to provide this resolution at the November 8, 2011 Texas Commission on Environmental Quality hearing regarding the requested sale/transfer/merger.
Fiscal Impact
A resolution approved on August 23, 2011 provided $5,000 as a contribution for participating in the sale/transfer/merger action of the Windermere CCN to a proposed Monarch CCN.
Staff Recommendation
Approve the resolution.
Drafter
Lauri Gillam, Assistant City Manager