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Ord 091-2005 11/15/2005ORDINANCE NO. q) 5 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DENYING ATMOS ENERGY CORP., MID -TEX DIVISION'S REQUEST FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM RATE ADJUSTMENT; 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 or about October 1, 2004, Atmos Energy Corporation merged with TXU Gas Company; and, WHEREAS, Atmos Energy Corp., Mid -Tex Division (the "Company ") now operates the distribution system that was formerly operated by TXU Gas Company; and, WHEREAS, on or about September 19, 2005, the Company filed with the City of Wichita Falls, Texas (the "City "), a request for an annual gas reliability infrastructure program rate adjustment for customers on the Company's system -wide distribution system, to be effective on November 19, 2005; 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 TEXAS UTILITIES CODE 102.001(b) and 103.001. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The Company's request for an annual Gas Reliability Infrastructure Program rate adjustment with respect to customers served from the Company's distribution facilities located inside the City, as part of the Company's system -wide gas utility system, is denied in all respects. SECTION 2 . This ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. SECTION 3 . 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 the public notice of the time, place, and purpose of said meeting was given as required. SECTION 4 . A copy of this Ordinance, constituting final action on the Company's request for an annual Gas Reliability Infrastructure Program rate adjustment, shall be forwarded to the Company's designated representative within 10 days at the following address: Richard Reis, Atmos Energy Corp., Mid -Tex Division, 5420 LBJ Freeway, Suite 1830, Dallas, Texas 75240. 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. PASSED AND APPROVED this the 15 day of November, 2005. ATTEST: MAYOR C