Ord 47-2006 6/20/2006 ORDINANCE NO. ��� �
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, ENDORSING THE EFFORTS OF THE ATMOS CITIES
STEERING COMMITTEE TO REDUCE RATES OF ATMOS ENERGY
CORP., MID-TEX DIVISION; DENYING ATMOS ENERGY CORP., MID-
TEX DIVISION'S STATEMENT OF INTENT TO INCREASE THE GAS
UTILITY RATES WITHIN THE CITY; AUTHORIZING INTERVENTION IN
ANY NECESSARY PROCEEDINGS AFFECTING CITY'S INTERESTS
BEFORE ADMINISTRATIVE OR JUDICIAL BODIES AND
PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE;
REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND
CONSULTANT EXPENSES; FINDING THAT THE MEETING AT WHICH
THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the City of Wichita Falls ("City") is a regulatory authority under the
Gas Utility Regulatory Act ("GURA") and has original jurisdiction over the gas utility
rates of Atmos Energy Corp., Mid-Tex Division (the "Company"); and,
WHEREAS, at least 88 Texas municipalities served by the Company required
the Company to file rate filing packages with those cities to show cause regarding the
reasonableness of the company's current rates in those cities (the "Show Cause
Cities'); and,
WHEREAS, at least 53 show Cause cities have adopted ordinances reducing
the company's rates to be charged to all customers within those cities; and,
WHEREAS, the Company has appealed those rate ordinances of the Show
Cause Cities to the Railroad Commission of Texas under the provisions of the Gas
Utilities Regulatory Act; and,
WHEREAS, the Company filed with the City on or about May 31, 2006, its
Statement of Intent to increase gas utility rates within the City effective July 5, 2006;
and,
WHEREAS, the City has original jurisdiction to evaluate the Company's request
as it pertains to customers of the Company served from the distribution facilities located
within the City, pursuant to GURA §§102.001(b) and 103.001; and,
WHEREAS, the appeal of the Company's Statement of Intent to increase rates
will be consolidated with the appeals of the Show Cause Cities; and,
. • .
WHEREAS, GURA §103.022 provides that costs incurred by the city in
ratemaking activities are to be reimbursed by the regulated utility; and,
WHEREAS, the City wishes to participate with the Atmos Cities Steering
Committee ("ACSC") and be represented by attorneys and consultants representing
ACSC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City endorses the efforts of ACSC to reduce the rates charged
by the Company within the boundaries of inember cities.
SECTION 2. The Company's Statement of Intent to increase gas utility rates
within the City, as part of the company's statewide gas utility system, be denied in all
respects.
SECTION 3 . It is in the best interests of the customers of the Company within
the City for the City to participate through the ACSC in the appeals filed by the
Company to the Railroad Commission of Texas, and the City's intervention in Railroad
Commission proceedings and any litigation associated with the Company's rates
charged in the City is hereby authorized.
SECTION 4. The Company shall promptly reimburse the City's reasonable costs
associated with the City's participation in ratemaking proceedings and associated
litigation.
SECTION 5. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
SECTION 6. A copy of this Ordinance shall be sent to Atmos Mid-Tex, in care of
Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas,
Texas 75240, and to Geoffrey Gay, legal counsel to ACSC, at Lloyd Gosselink Blevins
Rochelle & Townsend, P.C., P. O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this the 20 day of June, 2006.
MAYOR
ATTEST:
it Clerk