2005-378LAOur Documents\0rdinances\05\GRIP 2004 ord 112905.doc
ORDINANCE NO. 2X,6-,3W
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DENYING ATMOS ENERGY
CORPORATION'S REQUEST FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE
PROGRAM ADJUSTMENT FOR CALENDAR YEAR 2004 IN THIS MUNICIPALITY;
PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS
INCURRED BY THE CITY; FINDING ' THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND
PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY
CORPORATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about September 19, 2005 the Atmos Energy Corporation's Mid-Tex
Division ("Atmos") filed an application with the City to increase gas rates for its Gas Reliability
Infrastructure Program ("GRIP") pursuant to Section 104.301 of the Gas Utility Regulatory Act
("GURA" or "Act"); and
WHEREAS, the City has joined with other municipalities in a coalition of cities known
as Atmos Texas Municipalities ("ATM"); and
WHEREAS, ATM has employed experts to examine the GRIP filing by Atmos and make
a recommendation to the ATM Cities; and
WHEREAS, the City has suspended the effective date of the GRIP adjustment until
January 2, 2005; and
WHEREAS, after examining the law and undertaking an investigation of the GRIP
filing by ATM's consultants, the consultants recommend that the GRIP adjustment sought by
Atmos be denied; and
WHEREAS, a public hearing was conducted on December 13, 2005 before the
enactment of this Ordinance at which interested parties were given a full opportunity for public
comment on Atmos's GRIP filing; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. Atmos' request for a GRIP adjustment for calendar year 2004 within the
City is denied in all respects.
SECTION 3. The costs incurred in reviewing and investigating the merits of Atmos'
application for a GRIP adjustment within the City shall be promptly reimbursed by Atmos.
L:\Our Documents\Ordinances\05\GRIP 2004 ord 112905.doc
SECTION 4. This Ordinance shall become effective immediately from and after its
passage, as the law and City Charter in such cases provide.
SECTION 5. That it is hereby officially found and determined that the meeting at which
this Ordinance is passed is open to the public as required by law and that public notice of the
time, place and purpose of said meeting was given as required.
SECTION 6. A copy of this ordinance, constituting final action on Atmos' application be
forwarded by certified mail to Mr. Richard Reis, Atmos Energy Corporation, 5420 LBJ Freeway
Suite 1823, Dallas, Texas 75240.
SECTION 7. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the -4:~d day of
2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: aga h~&6&a ~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
%J
BY:
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