Loading...
HomeMy WebLinkAboutORD 2002-041 ORDINANCE NO. 2002-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DENYING TXU GAS DISTRIBUTION'S REQUEST TO CHANGE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM; REQUIRING PROMPT REIMBURSEMENT OF CITIES' RATE CASE EXPENSES, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, on or about March 1, 2002, TXU Gas Distribution, a division of TXU Gas Company filed with the City of Grapevine a Statement of Intent to change gas rates in all municipalities within the North Texas Metroplex Distribution System effective April 5, 2002; and WHEREAS, the City of Grapevine suspended the effective date of the proposed new rates for 90 days to evaluate the reasonableness of existing rates and the merits of TXU's proposed changes; and � WHEREAS, the City of Grapevine participated with other municipalities in a comprehensive review of TXU Gas Distribution's application; and :��,� WHEREAS, consultants and counsel retained by the coalition of cities have recommended denial of the Company's application based upon a report from consultants demonstrating that the revenue requirement of the North Texas Metroplex Distribution System is being met under current rates; and WHEREAS, that recommendation has been endorsed by the Steering Committee of city representatives who have coordinated the review of TXU Gas Distribution's rate application; and WHEREAS, the Gas Utilities Regulatory Act provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the TXU Gas Distribution's Statement of Intent to change gas rates within the North Texas Metroplex Distribution System be, all respects, denied. _ Section 2. That the costs incurred by Cities in reviewing TXU's application be promptly reimbursed by the Company. � , � _ Section 3. That a copy of this ordinance, constituting final action on TXU's application be sent to Autry Warren, Rates Manager, TXU Gas Distribution, 1601 Bryan ��.,,� Street, Dallas, TX 75201-3402. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto by a Court of competent jurisdiction, such hotding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of June, 2002. APPROVED: �.;� William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: �._. (�zZ_ John F. Boyle, Jr. a� F City Attorney �� ORD NO. 2002-4� 2