Ord 060-2003 6/17/2003ORDINANCE NO. W -OL05
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, SUSPENDING THE EFFECTIVE DATE OF TXU GAS
DISTRIBUTION'S REQUESTED RATE CHANGES TO PERMIT THE
CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION WITH OTHER
CITIES WITHIN THE TXU GAS DISTRIBUTION SYSTEM TO CREATE A
STEERING COMMITTEE TO HIRE LEGAL AND CONSULTING
SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT
ANY NECESSARY LITIGATION; REQUIRING REIMBURSEMENT OF
CITIES' RATE CASE EXPENSES; AUTHORIZING INTERVENTION IN
THE PROCEEDING AT THE RAILROAD COMMISSION; REQUIRING
NOTICE OF THIS ORDINANCE TO THE COMPANY; 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 May 23, 2003, TXU Gas Distribution, a division of TXU
Gas Company, filed with the City of Wichita Falls a Statement of Intent to change gas
rates in all municipalities within the TXU Gas Distribution system; and,
WHEREAS, it is reasonable for the City of Wichita Falls to cooperate with other
cities in a review of the Company's application and to create a Steering Committee to
coordinate the hiring and direction of legal counsel and consultants, and to negotiate
with the Company and direct any necessary litigation; and,
WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the
right to suspend the effective date of proposed rate changes; and,
WHEREAS, the Gas Utility Regulatory Act provides that costs incurred by Cities
in ratemaking activities are to be reimbursed by the regulated utility; and,
WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the
right to intervene in rate proceedings file at the Railroad Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The effective date of the tariff changes submitted by TXU Gas
Distribution on or about May 23, 2003, is hereby suspended to permit adequate time to
review the proposed changes and to establish reasonable rates.
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SECTION 2. The City is authorized to cooperate with other Cities within the TXU
Gas Distribution System to create a Steering Committee to hire and direct legal counsel
and consultants, negotiate with the Company, make recommendations to the City
regarding reasonable rates, and to direct any necessary litigation associated with an
appeal of a rate ordinance and the rate case filed at the Railroad Commission.
SECTION 3. The City's reasonable rate case expenses shall be reimbursed by
TXU Gas Distribution.
SECTION 4. The City is authorized to intervene in TXU Gas Distribution's rate
case filed at the Railroad Commission filed on or about May 23, 2003.
SECTION 5. A copy of this suspension ordinance shall be sent to the local
representative of TXU Gas Distribution.
SECTION 6. The operation of the TEXAS UTILITY CODE, including 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 17th day of June, 2003.
SECTION 7. 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 17th day of June, 2003.
ATTEST:
LP �L
ity Clerk