Loading...
2002-073AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING REGULATIONS REGARDING NOTICE TO BE PROVIDED THE CITY AND ITS RESIDENTS OF A GAS UTILITY STATEMENT OF INTENT TO INCREASE RATES; PROVIDING CERTAIN PROCEDURES FOR PUBLICATION OF NOTICE OF A STATEMENT OF INTENT TO INCREASE RATES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Utilities Code authorizes the City to act as the regulatory authority to ensure that fair, just, and reasonable rates and adequate and efficient services are provided by the gas utilities operating within the City; and WHEREAS, the City finds that in order to provide meaningful review of any proposed rate increase it is important that the City receive meaningful input from the City's citizens concerning any proposed gas rate increase; and WHEREAS, the City's citizens must receive adequate notice to be able to participate in any City review of a gas utility rate increase proposal; and WHEREAS, the Texas Utilities Code authorizes the regulatory authority to require that the utility provide other information as needed as part of the statement of intent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. NOTICE OF UTILITY RATE INCREASES. (A) Notice in a proceed'rog seeking approval for a rate increase before the local regulatory authority. A utility in the City that wishes to increase its rates for gas utility service in the City shall give notice in accordance with this Ordinance. (B) Publication of notice. The Applicant shall publish notice for four consecutive weeks in conspicuous form in the Denton Record-Chronicle. The Applicant shall publish the body of the notice in at least 12-point type. The heading for the Notice shall be in at least 16-point type, entitled '2qotice of Gas Rate Increase Request." (1) The published notice shall at a minimum contain the following further information: (a) The effect the proposed change is expected to have on the base rate revenues, exclusive of the commodity costs of gas, on the Company expressed as an annual dollar increase over adjusted test Page 1 year base rate revenues and as a percent over adjusted test year base rate revenues; (b) A description of the service for which a change is requested; (c) The percentage increase for the residential class within the City over present base rate revenues; (d) The percentage increase for the commercial class within the City over present base rate revenues; (e) The dollars and cents amount of the base rate increase for a residential customer located within the City, using 6 Mef; (t) The dollars and cents amount of the base rate increase for a commercial customer located within the City, using 30 Mcf; (2) The notice shall specify a proposed effective date, if possible, which is at least 35 days after the filing date. The notice shall provide a point of contact with the City for persons who wish to seek further information or intervention. A telephone number shall also be provided. (c) Affidavits regarding notice. The applicant shall submit to the City Secretary an affidavit attesting to the provision of notice required by this section within thirty (30) days of the completion of notice by publication. (I)) Sufficiency of application. The utility shall not be deemed to have made a complete Statement of Intent to Increase Rates for purposes of the statutory effective dates under the Texas Utilities Code unless notice is provided consistent with these requirements. SECTION 2. NOTICE. The copy of this Ordinance shall be sent to each gas utility operating within the City. SECTION 3. CUMULATIVE REQUIREMENTS. This Ordinance is cumulative of all other requirements for notice under state law. SECTION 4. SEVERAB1LITY. If any term, condition, or section of this ordinance or application thereof to any person or circumstance shall, to any extent, be held to be invalid, unenforceable, or unconstitutional, the remainder hereof, as well as the application of such term, condition, or section to persons or circumstances other than those as to whom it shall be held to be invalid, unenforceable, or unconstitutional, shall not be affected thereby, and this ordinance and all the terms, conditions, and sections hereof shall, in all respects, continue to be effective and to be complied with. It is the intent of the City of Denton in adopting this ordinance that no portion or provision thereof shall become inoperative or fail by reason of any invalidity, P~e2 unenforceability, or unconstitutionality of any other portion or provision, and to this end all provisions of this ordinance are declared to be sever able. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~-%/~ day of ~~ ,2002. EUL1NE BROCK,fl~,~YoP~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~'~~/~- Page 3