Loading...
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. R, 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 ´┐ŻL ity Clerk