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HomeMy WebLinkAboutOrd 233-2005 Denying Atmos Energy Request for Annual Gas Rate AdjustmentCITY OF ANNA, TEXAS ORDINANCE NO. 233-2005 A ORDINANCE OF THE CITY OF ANNA, TEXAS, DENYING ATMOS ENERGY CORPORATION, MID-TEX DIVISION'S REQUEST FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM RATE ADJUSTMENT IN THE CITY OF ANNA, TEXAS SO THAT THE COMPANY MAY PURSUE A SYSTEM -WIDE ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM RATE ADJUSTMENT WITH THE TEXAS RAILROAD COMMISSION; PROVIDING AN EFFECTIVE DATE; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORPORATION, MID-TEX DIVISION. WHEREAS, Atmos Energy Corporation, Mid -Tex Division ("Atmos Mid -Tex') now operates the distribution system that was formerly operated by TXU Gas Company; and WHEREAS, on or about September 19, 2005 Atmos Mid -Tex filed with the City of Anna, Texas (the "City"), a request for an annual gas reliability infrastructure program rate adjustment for customers on the Company's system- wide distribution system, to be effective on November 19,2005; and WHEREAS, the City has original jurisdiction to evaluate the Company's request as it pertains to customers of Atmos Mid -Tex served from the distribution facilities located within the City, pursuant to Sections 102.011(b) and 103.001 of the Texas Utilities Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT; SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the City of Anna, Texas and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. AUSP 05r 1. 0 :33 95v1 SECTION 2 Atmos Mid-Tex's request for an annual gas reliability infrastructure program rate adjustment with respect to customers served firm Atmos Mid-Tex's distribution facilities inside the City, as part of Atmos Mid-Tex's system -wide gas utility system, is denied in all respect. SECTION 3 This Ordinance shall become effective immediately from and after its passage, as the law so provides. SECTION 4 It is hereby found and determined that the meeting at which this Ordinance is adopted is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required by law. SECTION 5 The City Secretary shall notify Atmos Mid -Tex of this Ordinance by sending a copy of same within ten (10) days of adoption to Mr. Richard Reis, Atmos Energy Corporation, Mid -Tex Division, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ON THIS THE 25th DAY OF OCTOBER, 2005. APPROVED: enneth Pelham, Mayor ATT ST: atha Wilkison, City Secretary APPROVED AS TO FORM AND LEGAH.ITY: Clark McCoy, City Attorney AUS?M0592100008: 330595v1