HomeMy WebLinkAboutOrd 398 Adopting rate changes for TXU GasTOWN OF WESTLAKE
ORDINANCE NO. 398
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS FINDING, AFTER
REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S
RATES AND CHARGES WITHIN THE TOWN 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
CASH EXPENSES, PRESERVING REGULATORY RIGHTS OF THE TOWN;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake ("the Town"), acting as a regulatory
authority, has previously suspended the effective date of TXU Gas Distribution's ("the
Company") application to increase rates in the Town in order to study the reasonableness
of that application; and
WHEREAS, the Town, in a reasonably noticed public hearing, considered the
Company's application, a report from the Town's consultants who were retained to
evaluate the merits of the Company's application and a settlement agreement negotiated
with the Company by a Steering Committee of Cities on the Northwest Metro/Mid-Cities
Distribution System; and
WHEREAS, the Town has determined that the Company's rates within the Town
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 TOWN OF WESTLAKE, TEXAS:
SECTION 1: On February 16, 2001, TXU Gas Distribution, a division of TXU
Gas Company ("the 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").
SECTION 2: That the existing rates and charges of the Company 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 Town.
SECTION 3: 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 as Exhibit A. 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.
SECTION 4: The maximum general service rates for sales and transportation of
natural gas rendered to residential, commercial and industrial consumers within the Town
limits of Westlake, 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.
SECTION 5: 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.
SECTION 6: 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.
SECTION 7: 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 Mcf surcharge based upon total system sales as set forth in
Rider 4116 in the attached revised Tariff for Gas Service.
SECTION 8: The aforesaid rate schedules and riders herein approved shall be
effective for bills rendered on or after August 13, 2001.
SECTION 9: The rates set forth in this Ordinance may be changed and
amended by either the Town or the 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 Town.
SECTION 10: 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.
SECTION 11: 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 the time, place and purpose of said meeting was given.
SECTION 12: This Ordinance shall be served on TXU by Mail to the
Company's authorized representative, Autry Warren, TXU Gas Distribution Rates
Manager, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3411.
SECTION 13: Nothing contained in this Ordinance shall be construed now or
hereafter in limiting or modifying, in any manner, the right and power of the Town under
law to regulate the rates and changes of TXU Gas Distribution.
SECTION 14: All Ordinances, Resolutions, or parts thereof, in conflict with this
Ordinance are repealed to the extent of such conflict.
PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS, ON THIS THE 13th DAY OF AUGUST, 2001.
ATTEST:
Scott Bradley, Mayor
Ginger Crosswy, Town ir retary Trent Petty, Town Manager
APPROVED SS TO
L.
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
398 was published in THE KELLER CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues of the newspaper bore in which such notice was published were
September 25, 2001.
A copy of the notice as published, clipped from the newspaper is attached hereto.
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
M
COUNTY OF TARRANT §
SWORN TO AND SUBSCRIBED BEFORE ME
Pam Nolte
this 26th day of September, 2001, to certify which
witness my hand and seal of office.
Notary Public, State of Texas
Printed Name of Notary
My commission expires
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dent, said the program';
way for youngsters t
s finances. By using thf
and red hand Prints, first -graders at Students at Florence Elementary Schoolstudents are actually of
in Keller collected more _
accounts at Texas Nat
n Keller shoved their Patriotic spirit. A than 300 stuffed bears to donate to victims of the World Trade Trophy Club and earni
is scheduled at the school for 8:35 a.m. Center disaster in New Fork. Tatiana Salazar (1) and Christian their money.
hives are invited to attend. Perkins hold a few of the gears they and their classmates had It's very education,
photo by Linda Taylor brought, dents because they lea
-photo, by Linda Taylormoney, save money
importance of the Amt
she said.
The school held a ribli
the bank last week, and;
made'their first deposits
1®LSTERY 1 The money from the
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE will be open every Wed
ORDINANCE to. 396 — ing, is taken by a PTE
TrswN B, ORDINANCE Na. sss
UBTexas National Bank
An Ordinance of the Town of TROPHY CL, TEXAS
ORDIN
Westlake, Texas amending ANCE NO. 2001-21 An Ordinance of the Town of accounts are in the stude
Westlake, Texas findin
UST Article , Subdivisions, g, ent's names.
Section. 3 3..4, ..Issuance of An Ordinance:of the Town of ter reasonable notice andnd
Building Permits and Certifi- Trophy Club, ;Texas, repeal- hearing, that TXU Gas distri-
LST'E ing ,Ordinance No. 98-08 bution's rates and charges Dariella West Of Te;
cafes, of the unified ing to P iz of the Town, governing within the town should be
Stip COVeCS. a; ` opment Code relating to 9 g
a building permits;; providing and regulating the platting changed; determining, just
pickup and provisions for a sales tax si- and subdivision of land within and reasonable rates; adopt
y. Free home a tus agreement; providing a and; without the corporate ing general service rates eluding in
-
severability Work severability clause; providing limits of The Town of Trophy elng rate adjustment pro -
a savings clause; providing a Club; Texas; repealing Ordi- visions and miscellaneous
'anteed. 30 penalty clause; providing for nance No. 2001-17 P&Z, the service charges to be
an effective date. same amending Ordinance charged for sales and trans-
experience.BI NOTICE No. 98-08 P&Z by adding Ar- portation of natural gas to
Barbara at Any person who violates any ticle 7 to adopt provisions for residential, commercial and
464-2812. Bids for the Construction of a provision of this ordinance the developer's agreement, industrial customers; provid-
New Natatorium for the shall be deemed guilty of a financial assurance and icon- ing for recovery of rate cash
Keller Independent School misdemeanor and shall he struction contracts for public expenses,' preserving regula-
District will be accepted in punished by a fine of not less improvements; and providing tory rights of the town; pro -
the Offices of Steele & Free-_ than five hundred: ($500.00) for the adoption of new provi- vlding for repeal of conflicting
man, Inc. - Construction dollars. If a violation contin- sions governing and regulat- ordinances; providing for an
Manager; 1301 Lawson ues, each day's; violation ing the platting and subdivi- effective date.
Road, Fort: Worth, Texas shall be deemed a separate sion of land within and with -
76131, Phone: 817-232- offense. out the corporate limits of
4742, Fax: 817-232-9113The Town of Trophy Club; PUBLIC NOTICE
until 2:00 P.M., Thursdayproviding general provisions -
October 11, 2001. Plans are: PUBLIC N TICE and requirements; providing TOWN OF
available from the Construe- definitions; establishing gen- TROPHY CLUB TEXAS
tion Manager. ORDINANCE NO. 395 eras plat submittal require- ORDINANCE NO 2001-22
ments; providing for improve- You ce
An Ordinance of the Town of ments; establishing subdivi- IAn Ordinance of the Town of
BID NOTICE Westlake; Texas, amending sion design standards; pro- Trophy Club, Texas, repeal-
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e eat- �`
the Comprehensive Fee and vlding for enforcement to in- ing Ordinance No. 1999-27, : Clean eau
Bids for the New Keller `Hi h Municipal Use Schedule as etude an aPpeal process, creating and establishing a
h adopted by Ordinance No. town', authority, applicable municipal court; and adopting un
School - Site Package for the waivers, and penalty; rovid- P P e
Keller Independent School,379, to add a residential lot P P new provisions to create the
Pdevelopment fee; repealing ing for the developer's agree- Municipal Court of Record
District will be accepted in all provisions of ordinances menta financial assurance, No. 1 in the Town of Trophy
NTEERS the Offices of Steele & Free- and construction contracts P Y
man Inc. - Construction' Man_ in conflict herewith; providing ; Club, Texas; providing au -
man severability clause; rovid- for public improvements; pro
ager; 1301 Lawson Road, Y P ttiority; establishing dates of N1
ing a savings clause; and vidingfortheissuanceofper- abolition and commence- 5=\
.T MEALS ON Fort Worth, Texas 76131, providing for an effective mits and requiring applicable ment; providing for the ap-
reds Volunteers. Phone: -9113, until, Fax: date. fees throughout; providing a pointments, qualifications,
17-49i-1141. P.M T 2-s y, until 2:00 cumulative repealer clause; vacancies, removal and judi-
P.M Thursday, October 11, providing for severability; ciat authority of judges; pro-/
2001. Pians are available PUBLIC NOTICE providing savings; providing viding for the appointment of
from the Construction Man- a penalty not to exceed the a+Mun!c r a, Court Clerk; es
ages, sum of two thousand dollars tablishing provisions for fail -
ORDINANCE NO. 397 ($2,000.00) for each offense ure to appear and promise to c
and a separate offense shall 'appear violations; providing —
PUBLIC NOTICE An Ordinance of the Town of be deemed committed each driving safety fees; providing
Westlake,' Texas amendingday during or on which a vio — -
warrant fees; providing
TOVdN OF the engineering standards re- lotion ;occurs or continues; transcript preparation fee;; —
TROPHY CLUB, TEXAS lating to residential lot grad- Providing for publication; pro- providing a' cumulative re -
ORDINANCE NO. 2001-23 ing; providinga severabilityv+ding ;for engrossment and - i
31 pealer clause; providing a
clause; providing a savings ; enrollment; and providing an savings clause; providing a =
An Ordinance of the Town of clause; providing a enact effective date. _—�
P 9 penalty severability clause; providing
Trophy Club,Texas, appoint- clause; providing for an ef-
Pres for engrossment and enroll-
ment;
nroil-
r
ing the Presiding Judge, the feciive date. ,• j�l
menta and providing an effec-
Aiternate Presiding Judges five date. -
and the Court Clerk for the Any person who violates any til
Municipal Court of Record provision of this ordinanceDead!'
No. 3 in the Town of Trophy shall be deemed guilty of a I
Club; providing a cumulative misdemeanor and shall be
repealer clause; providing a punished by a fine of not less Friday at Get RBSUItS
severability clause; providing than five hundred ($500.00) With
a savings clause; providing dollars. If a violation contin-noon.
for engrossment and enroll- ues, each day's violation The Keller Citizen l�
ment; and providing an effec- shall be deemed a separate
tive date. offense. P
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