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Home My WebLink About1998-397ORDINANCE NO V _ P AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE IN THE STATEMENT OF INTENT FILED BY LONE STAR GAS COMPANY FOR THE RATES FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF DENTON, TEXAS ON OCTOBER 23, 1998, FOR 90 DAYS BEYOND THE INTENDED EFFECTIVE DATE, ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE, PROVIDING THE REASONS THEREFORE, PROVIDING A SEVERA'BILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 23, 1998, Lone Star Gas Company, a division of Enserch Corporation, a wholly -owned subsidiary of Texas Utilities Company, hereinafter referred to as "Lone Star Gas Company" filed with the City its Statement of Intent to increase its rates for gas utility service in the City of Denton, Texas, as a prerequisite to a proposed change in gas rates to become effective November 27, 1998, which, according to Lone Star Gas Company, will increase its annual revenue by $476,095 or 6 24%, and WHEREAS, the City Council has determined that Lone Star Gas Company's proposed increase in its rates for gas service in the City should be suspended to a future date, to -wit to a time 90 days after the proposed effective date of November 27, 1998, for the following reasons 1 That the City Council of the City of Denton is charged with the duty of making a "reasonable determination" of rate base, expenses, investment, and rate of return within the municipal boundaries of Denton, 2 The City Council has not had sufficient time to analyze and study the proposed increase, and 3 That, in order to reach a determination of the justness, reasonableness, and propriety of such rate increase, it will be necessary to employ rate experts to investigate and analyze such proposed rates and to advise and report to the City Council their findings concerning the proposed rate increase, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That, in accordance with §104107 of the Utilities Code (1997), the proposed increase by Lone Star Gas Company of its rates for gas service in the City be, and the same is hereby suspended for a period of 90 days after November 27, 1998, the date on which the schedule of proposed rates would otherwise have gone into effect, or until February 25, 1999 SECTION II That the City Manager is hereby directed to send a copy of this ordinance, which shall constitute a written statement of the City of Denton's reasons for suspending the operation of the rate schedule to officials of Lone Star Gas Company SECTION III. That all of the declarations and findings contained in the preamble to this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance SSECTION IV. That should any portion, section, or part of a section of this ordinance be declared invalid, inoperative, or void for any reason by a court of competent jurisdiction, such decision, opinion, or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect SECTION V. That this ordinance shall take effect and be in force from and after its passage, and it is so ordained PASSED AND APPROVED this the /7h day of 1998 ATTEST, JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "I P %,h w"apt\LOL\0w D ww,,,U\O J=M\9M1ww awr raw suWaralan dm JA ILLER, MAYOR Page 2 4191 01283 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 0!3 j'780 I, the undersigned Deputy City Secretary of the City of Denton, Texas, (the "City") DO HEREBY CERTIFY that according to the records of the City of which I am a custodian, that the attached is a true and accurate copy of Ordinance No 98-297 as passed and approved by the City of Denton City Council on September 15, 1998 TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 22nd day of September, 1998 DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS 1193 91284 \\CH LGL\VOLIISNAR�D\UBPIVALWut DxnmN�\UAlnoiw\98WUndonn�m\ofYlry doc ORDINANCE NO W- A7 AN ORDINANCE ABANDONING AN 18-FOOT ALLEY RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 99, PAGE 230, LOCATED APPROXIMATELY 145 FEET SOUTH OF AND PARALLEL TO WEST PRAIRIE STREET BETWEEN PIERCE STREET AND SOUTH CARROLL BOULEVARD, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the abandonment of an alley, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the alley being abandoned is no longer needed for public use, and WHEREAS, the fair market value of the alley has been determined and received, as required by section 272 001 of the Texas Local Government Code, NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the alley described in Exhibit A, attached hereto and incorporated herein by reference, and recorded in Volume 99, Page 230 of the Deed Records of Denton County, Texas, situated in the William Loving Survey, Abstract No 759 and located 145 feet south of an parallel to West Prairie, between Pierce Street and South Carroll Boulevard is permanently abandoned SECTION II That by reason of such abandonment the City of Denton's property interest in the alley shall, by operation of law, revert to the owner or owners abutting the alley herein abandoned, and the City of Denton releases any and all claims to the use of the abandoned alley for public purposes SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Lf6day of 11998 JA MILLER, MAYOR 4197 01285 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Al PAGE \\C11 LOUVOLI�SHARCD\D9YTIALWur4rnmmlMNinwru\98WbmEonnmlofYlry Eor 4197 01286 EXHIBIT ^A^ ALL that certain lot, tract or parcel of land lying and being situated in the William Loving Survey, Abstract No. 759, and being an alleyway conveyed to the City of Denton, by deed recorded in volumei99, Page 230 of the Deed Records of Denton County, Texas, and being more particularly described as follows: An is -foot wide alley located approximately 145 feet south of and parallel to W. Prairie Street, said alley being bound on the east by Pierce Street and on the west by S. Carroll Blvd. 4197 01287 4 ,� 4t � � + D=eyjson OCT 15 1998 'Sou ,14m Filed for Record in: DENTON COUNTY, TX HONORABLE TIM HODOES/LOUNTY CLERK On Oct 15 1996 At 3:37pm Dor/Num : 98-R0093/H0 Doc/Type : OR Rerordinq: 11 00 Doc/Mgmt : 6.00 Receipt N: 37365 Deputy - MARY