1998-397AN 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
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on October 23, 1998, Lone Star Gas Company, a &wslon of Enserch
Corporation, a wholly-owned subsidiary of Texas Utilities Company, hereinafter referred to as
"Lone Star Gas Company" filed w~th the City 1ts 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-w~t 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
merease, 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 §104 107 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 or&nance,
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
~ That all of the declarations and findings contmned m the preamble to this
ordinance are made a part hereof and shall be fully effective as a part of the ordmned subject
matter oftlus ordinance
SECTION IV. That should any portion, section, or part of a section ofthxs ordinance be
declared lnvahd, lnoperatxve, or void for any mason by a court of competent junsdlctxon, such
demslon, opmxon, or judgment shall m no way impair the remaimng portions, sections, or parts
of sections of thxs orchnance, which smd rema~mng provlsxons shall be and remmn m full force
and effect
~ That thas ordmance shall take effect and be m force from and after its
passage, and it is so ordained
PASSED PROVED sthe/'/-g dayof 998
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
519? 01283
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
(/3 d
CITY OF DENTON
I, the undersigned Deputy City Secretary of the City of Denton, Texas, (the "City") DO
HEREBY CERTIFY that according to the records of the C~ty 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, w~tness my official signature and the seal of said City, th~s the
22nd day of September, 1998
D~PUTY CITY SECRETARY
, , CITY OF DENTON, TEXAS
197 0128
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
~ 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
~_I 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 pubho purposes
~ That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th,s the/.~-~day of ~L~~ ,1998
JAI~MILLER, MAYOR
4197 01285
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
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
Volume 199, Page 230 of the Deed Records of Denton County, Texas,
and being more particularly described as follows~
An 18-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
O~T 1 5 1998
Filed for Record in:
DENTON COUNTY~ TX
HONORABLE TIN HODG~S/[OUNTY
CLERK
0~ Oct 15 1996 At ~:37pm
Doc/Num : 98-R0093/80
Doc/Type : OR
Reco~dinq: 11 88
Doc/Mgmt-: 6.00
Receipt fi: 37365
Deputy - MARY