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2011-091s:\legal\our documents\ordinances\1l\oncor-ordinance adopting settlement-final.doc ORDINANCE NO. 2011-091 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SETTLEMENT AGREEMENT BETWEEN THE ALLIANCE OF ONCOR CITIES ("AOC") AND ONCOR ELECTRIC DELIVERY COMPANY LLC ("ONCOR" OR "COMPANY") REGARDING THE COMPANY'S STATEMENT OF INTENT TO CHANGE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THE CITY'S RATE CASE EXPENSES REASONABLE; DIRECTING ONCOR TO REIMBURSE THE CITY ITS REASONABLE RATE CASE EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETING ACT; REPEALING ANY PRIOR ORDINANCES INCONSISTENT WITH THIS ORDINANCE AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("City") has exclusive original jurisdiction as a regulatory authority over Oncor Electric Delivery Company LLC's ("Oncor" or "Company") rates, operations, and services within the City; and WHEREAS, the City is also an electric utility customer of Oncor, and has an interest in Oncor's rates and charges; WHEREAS, Oncor filed a Statement of Intent with the City on or about January 7, 2011 to increase its annual revenue requirement by approximately $353 million on a system-wide basis, which included an increase in residential base rates of approximately 15%, and in Lighting rates of approximately 26%; and WHEREAS, the City took action to suspend the effective date and to coordinate a response to Oncor's filing with other similarly situated municipalities (such participating cities are referred to herein as Alliance of Oncor Cities ("AOC")); and WHEREAS, the City took action on or before February 14, 2011 to suspend the effective date; and WHEREAS, AOC's desire to minimize rate-case expenses that would result from a lengthy contested rate case proceeding before the Public Utility Commission of Texas ("PUCT") and through the appellate process; and WHEREAS, AOC authorized its attorneys and experts to formulate and review reasonable settlement positions to resolve the pending rate increase request; and PAGE 1 of 4 sAlegal\our documents\ordinances\11\oncor-ordinance adopting settlement-final.doc WHEREAS, AOC's attorneys met numerous times with the Company to negotiate a Settlement Agreement resolving the issues raised in the Company's Statement of Intent filing; and WHEREAS, after extensive review and analysis, AOC's attorneys and experts found that Oncor's proposed increase in revenue and its proposed rates are unreasonable; and WHEREAS, AOC's attorneys and experts have evaluated what a likely outcome from a fully-litigated proceeding would be and are of the opinion that the increase of approximately $136.7 million noted in the negotiated Settlement Agreement compares favorably with a likely outcome from a fully-litigated proceeding; and WHEREAS, after extensive review and analysis, AOC's attorneys and experts found that the significantly lower increase of approximately $136.7 million set forth in the Settlement Agreement instead of the $353 million increase is reasonable; and WHEREAS, AOC's attorneys and experts recommend that AOC's members approve the negotiated Settlement Agreement and attached tariffs; and WHEREAS, the City as a member of AOC has incurred rate-expenses in the collective amount of $315,919.26 which includes $225,919.26 in actual expenses through March 31, 2011 and $90,000.00 in estimated expenses through July 1, 2011 for rate proceedings involving Oncor, including the proceeding to address Oncor's rate case expenses and the appeal of the Public Utility Commission's final order in Docket No. 35717, are hereby found to be reasonable; and WHEREAS, under the Public Utility Regulatory Act, the City has a right to reimbursement of its reasonable rate-case expenses and Oncor has an obligation to reimburse the City's reasonable rate-case expenses; and WHEREAS, because the final amount of rate case expenses to be reimbursed cannot be know until conclusion of Oncor's rate case proceeding and related proceedings before the PUCT, the final amount of rate case expenses will be subject to adjustment to reflect the actual amount of rate expenses incurred; and WHEREAS, the attached tariffs implementing new rates are consistent with the Settlement Agreement and are just, reasonable, and in the public interest; and WHEREAS, the Settlement Agreement as a whole is in the public interest. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set out in the preamble are in all things approved and incorporated herein as if fully set forth. PAGE 2 of 4 s:\Iegal\our documents\ordinances\11\oncor-ordinance adopting settlement-final.doc SECTION 2. The City Council finds that the Settlement Agreement, which is attached hereto and incorporated herein as Attachment A, is in the public interest and is hereby endorsed in all respects. SECTION 3. The revenue and resulting rates set forth in the Settlement Agreement and schedule of rates and tariffs for electric service provided by Oncor, which are attached hereto and incorporated herein as Attachment A, are just and reasonable, and are hereby adopted. SECTION 4. The AOC's rate-expenses in the amount of $315,919.26, are hereby found to be reasonable and that Oncor is hereby directed to reimburse ADC's rate case expenses within thirty days from adoption of this Ordinance and that Oncor is hereby authorized to recover through the rates approved by this Ordinance, the amount of rate case expenses found reasonable, subject to adjustment to reflect the actual expenses ultimately incurred, including any related proceedings that addresses rate-case expenses. SECTION 5. To the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 6. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 7. If any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provision of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 8. This Ordinance shall become effective from and after its passage with rates authorized by the attached tariffs to be effective for service delivered on or after the earlier of thirty (30) days after a final written order of the Public Utility Commission of Texas approving rates consistent with the Stipulation or July 1, 2011. SECTION 9. A copy of this Ordinance shall be sent to the Company, care of Don J. Clevenger, Oncor Electric Delivery Company LLC, 1601 Bryan Street, Suite 22- 070, Dallas, Texas 75201-3411 and to Mr. Alfred R. Herrera, Herrera & Boyle, PLLC, 816 Congress Ave., Suite 1250, Austin, Texas 78701. PASSED AND APPROVED this nth day of , 2011. PAGE 3 of 4 s:\legal\our documents\ordinances\l l\oncor-ordinance adopting settlement-final.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 4 of 4 ANITA BURGESS, CITY ATTORNEY