HomeMy WebLinkAboutOrdinances (O-01-1297)-08/21/2001
ORDINANCE 0-01-1297
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, FINDING AFTER
RESONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND
CHARGES WITHIN THE CITY SHOULD BE CHANGED DETERMINING JUST AND
REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE
ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE
CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR
RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF
THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City of Colleyville ("City") acting as a regulatory authority, has previously
suspended the effective date of TXU Gas Distribution's ("Company")
application to increase rates in the City in order to study the reasonableness
of that application; and
WHEREAS, the City of Colleyville, in a reasonably noticed public hearing considered the
Company's application, a report from the City's consultants who were
retained to evaluate the merits of the Company's application and a
settlement agreement negotiated with the TXU Gas Distribution by a Steering
Committee of Cities on the Northwest Metro/Mid-Cities Distribution System;
and
WHEREAS, the City has determined that the Company's rates within the City should be
changed and that the Company's application should be granted, in part, and
denied, in part.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1
THAT On February 16, 2001, TXU Gas Distribution, a division ofTXU Gas
Company ("Company") filed with the Governing Body of this municipality a
Statement of Intent to Change Residential, Commercial and Industrial Rates
charged to consumers within this municipality. Also filed was the Tariff for
Gas Service in the Northwest Metro/Mid-Cities Distribution System ("Tariff for
Gas Service") and the supporting Cost of Service Schedules ("Schedules").
Sec. 2
Sec. 3
Sec. 4
Sec. 5
Sec.6
Ordinance 0-01-1297
Page 2 of 4
THAT the existing rates and charges of TXU Gas Distribution are hereby
found, after reasonable notice and hearing, to be unreasonable and shall be
changed as hereinafter ordered. The changed rates resulting from this
Ordinance are hereby determined to be just and reasonable rates to be
observed and in force within the City.
THAT the Company has agreed to modify the rates proposed in its Statement
of Intent and the modified rates are reflected in the revised Tariff for Gas
Service attached hereto. The revised Tariff for Gas Service includes Rate
Schedules 4100 - Index of Rates and List of NW Metro/Mid-Cities System
Cities, 4101 - Residential Service, 4102, 4109 and 4110 - Commercial
Service, 4121 through 4123 - Industrial Sales, 4104 - Industrial
Transportation, 4131 - Industrial Sales and Transportation, 4108-4,4108-5
and 4108-6 - Rate Adjustment Provisions, 9001 through 9007 -
Miscellaneous Service Charges and Rider 4116 - Surcharges.
THAT the maximum general service rates for sales and transportation of
natural gas rendered to residential, commercial and industrial consumers
within the town limits of Colleyville, Texas by TXU Gas Distribution, a division
of TXU Gas Company, a Texas corporation, its successors and assigns, are
hereby fixed and approved as set forth in the attached revised Tariff for Gas
Service and Rate Schedules 4101 - Residential, 4102, 4109 and 4110-
Commercial Service, 4121 through 4123 -Industrial Sales, 4104 - Industrial
Transportation and 4131 - Industrial Sales and Transportation. The rates
reflected in the attached tariffs are found to be reasonable. Nothing
contained herein shall limit the right of industrial and transportation
customers with competitive options to negotiate rates with the Company that
differ from approved tariffs.
THAT the Rate Adjustment Provisions set forth in the attached revised Tariff
for Gas Service as Rate Schedules 4108-4 Gas Cost Adjustment, 4108-5
Tax and Franchise Fee Adjustment, and 4108-6 Weather Normalization
Adjustment are approved.
THAT the 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. Such miscellaneous service charges are identified in
Rate Schedules 9001 through 9007 of the attached revised Tariff for Gas
Service.
Sec. 7
Sec. 8
Sec. 9
Sec. 10
Sec. 11
Sec. 12
Sec. 13
Sec. 14
Ordinance 0-01-1297
Page 3 of 4
THAT the Cities' rate case expenses are found to be reasonable and shall
be reimbursed by the Company. The Company is authorized to recover the
rate case expenses reimbursed to Cities and the Company's rate case
expenses (at an amount not to exceed $85,000) through a per Met surcharge
based upon total system sales as set forth in Rider 4116 in the attached
revised Tariff for Gas Service.
THAT the aforesaid rate schedules and riders herein approved shall be
effective for bills rendered on or after August 21, 2001.
THAT the rates set forth in this Ordinance may be changed and amended by
either the City or Company in any other manner provided by law. Service
hereunder is subject to the orders of regulatory bodies having jurisdiction,
and to the Company's Rules and Regulations currently on file with the City.
THAT unless otherwise noted herein, other than TXU Gas Distribution (a
named party), no person or entity has been admitted as a party to this rate
proceeding.
THAT it is hereby found and determined that said meeting at which this
Ordinance was passed was open to the public, as required by Texas law,
and that advance public notice of time, place and purpose of said meeting
was given.
THAT this Ordinance shall be served on TXU by U.S. Mail to the Company's
authorized representative, Autry Warren, TXU Gas Distribution Rates
Manager, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-
3411.
THAT nothing contained in this Ordinance shall be construed now or
hereafter in limiting or modifying, in any manner, the right and power of City
under law to regulate the rates and changes of TXU Gas Distribution.
THAT all ordinances, resolutions, or parts thereof, in conflict with this
Ordinance are repealed to the extent of such conflict.
Ordinance 0-01-1297
Page 4 of 4
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~YI, day of
au~~ ,2001.
The second reading and public hearing being conducted on the ~/ .s~ day of
~,l.c.Ot" ' 2001.
ATTEST:
CITY OF COLLEYVILLE
0~~~
i/2?~
Cynthia Singleton, TRMC
City Secretary
Mayor
APPROVED AS TO FORM AND LEGALITY:
t1h
Ross T. Foster
City Attorney