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Ord 3129 10/19/1976 ORDINANCE NO. 3129 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF WICHITA FALLS, WICHITA COUNTY, TEXAS, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1: Effective with the first gas bills ren- dered from and after thirty (30) days from the date of final passage of this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the city limits of Wichita Falls by Lone Star Gas Company, its successors and assigns, is hereby fixed and determined as follows: First 1, 000 cubic ft. or fraction thereof $2 . 55 Next 7, 000 cubic ft. 1. 90 per Mcf Next 12, 000 cubic ft. 1. 83 per Mcf Next 30, 000 cubic ft. 1. 78 per Mcf Over 50, 000 cubic ft. 1.76 per Mcf No gas bill will be rendered to any residential or commercial consumer served under the above rate not consuming any gas during any monthly billing period, except that where customer' s only use for gas service is in an outdoor grill and/or a fireplace starter, the amount shown for the first consumption block shall constitute a minimum monthly bill. ADJUSTMENTS The amount of each monthly bill computed at the above- stated rates shall be subject to the following adjustments: plus or minus the amount of any increase or decrease, respec- tively, above or below $1.3488 per Mcf level in the intra- company city gate charge as authorized by the Railroad Commission of the State of Texas; such adjustment shall be made under Railroad Commission Order GUD 588 dated June 30, 1975 for gas delivered to Lone Star Gas Company' s distribution system for sale to residential and commercial consumers where such changes are caused by increases or decreases in the cost of gas purchased by the company. Simultaneously with its filing each month with the Railroad Commission its certified statement of weighted average cost of purchased gas and the gas cost adjustment as required by GUD 588, Lone Star Gas Company shall file a copy of such statement with the City of Wichita Falls. The gas cost adjustment shown on such monthly statement shall be applied to each net monthly bill rendered thirty or more days after such monthly statement is filed with the City of Wichita Falls, unless such gas cost adjust- ment is disallowed by the Railroad Commission, or is delayed or suspended by the Board of Aldermen as hereinafter set out. The Board of Aldermen may suspend the implementation of the gas cost adjustment whenever it appears necessary to protect the public interest. In the event the gas cost adjustment is suspended by the Board of Aldermen, the City Manager shall cause a public hearing to be set on the agenda of the next regularly scheduled meeting of the Board of Aldermen, and the Board of Aldermen shall hold a public hearing to determine if the suspension of the gas cost adjustment should be continued or vacated. The amount of each monthly bill shall also be subject to an adjustment in an amount equivalent to the propor- tionate part of any new tax, or increased tax, or any other governmental imposition, rental, fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to May 1, 1976, upon or allocable to the Company' s distribution operations, by any new or amended law, ordinance, or contract. Company, at its option, may forego the application of any adjustment if such adjustment would result in an increase in the monthly bill; however, failure of Company - 2 - to apply any adjustment shall not constitute a waiver of Company' s right from time to time, or at any time, to make any adjustment, in whole or in part, in any subse- quent current monthly bill that may be applicable to such bill. The amount billed shall be due and payable within fifteen (15) days from monthly billing date; in the event that payment is not made within fifteen (15) days of the monthly billing date, a five (5) percent penalty shall be added to the amount billed. The above rate is applicable to each residential and commercial consumer per meter per month or for any part of a month for which gas is used at the same location. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations in effect. In addition to the monthly certified statements, Lone Star Gas Company shall file with the City on April 15th and October 15th of each year the Company' s estimated projected purchase gas cost for the next six calendar months subsequent to such filing date. The Board of Aldermen will have ten days following the filing of such projections during which it may request additional infor- mation or explanation from the Company concerning such projections. In the event the Board of Aldermen request additional information or explanation concerning the projection, the Board of Aldermen shall, not later than November 20th and May 20th of each year, either accept or take whatever action be deemed appropriate in connection with the additional information or explanation furnished. The six months' projection will reflect the projected gas cost as well as how the rate would be affected by the projection as well as a comparison to the preceding six - 3 - months as to projections and actual gas cost. Section 2 : The rate set forth in Section 1 may be changed and amended by either the City or Company furnishing gas in the manner provided by law. Service hereunder is subject to the orders of reg- ulatory bodies having jurisdiction, and to the Com- pany' s Rules and Regulations currently on file in the Company' s office. Section 3: It is hereby found and determined that the meeting at which this ordinance was passed was open to the public as required by Texas law, and that advance public notice of the time, place and purpose of said open meeting was given. PASSED AND APPROVED on this the /W day of , 1976. A Y O R ATTEST: 1 1 ' E' City Clerk - 4 -