Ord 033-2002 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