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
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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,
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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: ~'~~/~-
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