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Ord 33-2002 4/16/2002 ORDINANCE NO. 3" 0-600- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF TXU GAS DISTRIBUTION, A DIVISION OF TXU GAS COMPANY, A GAS UTILITY UNDER SUBTITLES A & B OF TITLE 3 OF THE TEXAS UTIITIES CODE, WITHIN THE CITY OF WICHITA FALLS FOR 90 DAYS FROM AND AFTER APRIL 25, 2002; PROVIDING FOR THE CONTINUATION OF EXISTING RATES WITHIN THE CITY OF WICHITA FALLS; AUTHORIZING THE CITY ATTORNEY TO PARTICIPATE IN THE NORTHWEST REGION STEERING COMMITTEE; DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, on March 21, 2002, TXU Gas Distribution, a division of TXU Gas Company, a Gas Utility under Subtitles A & B of Title 3 of the TEXAS UTILITIES CODE ("TXU Gas Distribution"), filed with the City of Wichita Falls, Texas, a Statement of Intent and Petition for Authority to change rates and schedules for natural gas service provided by TXU Gas Distribution within the corporate limits of the City of Wichita Falls, Texas; and, WHEREAS, TXU Lone Star Gas proposes that the effective date for the proposed increase in rates and schedules for natural gas service be April 25, 2002; and, WHEREAS, the City Council of the City of Wichita Falls, Texas, is of the opinion: 1) that the necessity of acquiring and considering the evidence attendant to such proposed increase by TXU Lone Star Gas cannot be met prior to April 25, 2002; 2) that adequate time is not present to schedule and develop the public hearing as may be required by law on the application prior to April 25, 2002; 3) that the time necessary for deliberation of the evidence and public comment by the City Council is insufficient; and, WHEREAS, by reason of all of the foregoing, the City Council is of the opinion that the proposed effective date should be suspended pursuant to Section 104.107(a)(1) of the TEXAS UTILITIES CODE for 90 days from and after April 25, 2002. I • v • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. Pursuant to Section 104.107(a)(1) of the TEXAS UTILITIES CODE, the effective date of the proposed revisions of rates and schedules of TXU Lone Star Gas for natural gas service within the City of Wichita Falls, Texas, be and the same is hereby suspended for 90 days from and after April 25, 2002. The purpose of such suspension is to provide adequate time in which to provide and develop a full public hearing on the proposed rate increases, acquire and develop all evidence on such proposal, and deliberate the result arising out of such evidence and testimony. SECTION 2. The rates in existence and authorized on April 25, 2002, for natural gas service within the corporate limits of the City of Wichita Falls be, and the same are hereby continued in full force and effect during the same period of suspension of the proposed revision in rates until final determination of such application by the City Council of this City. SECTION 3. The City Attorney is authorized to participate in the Northwest Region Steering Committee, which may be formed to assist in the evaluation and negotiation of the proposed rate increases. SECTION 4. The operation of Section 104.107(a)(1) demands immediate reaction by the City Council of the City of Wichita Falls, Texas, and the same does create a public emergency and imperative public necessity requiring the suspension of the Charter requirement that no ordinance shall become effective until the lapse of 30 days thereafter; the City Council having therefore found an emergency and necessity to exist and having called for the suspension of such Charter requirement, does hereby declare that it shall become effective from and after its passage on this 16th day of April, 2002. SECTION 5. It is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required. PASSED AND APPROVED this the 16th day of April, 2002. MAYOR ATTEST: IAL ity Clerk