HomeMy WebLinkAboutORD 2006-59 - ATMOS GRIP DentalORDINANCE • i
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ORDERING THE DISMISSAL
OF ATMOS ENERGY CORPORATION, MID -TEX
DIVISION'S APPLICATION FOR AN INTERIM GAS
RELIABILITY INFRASTRUCTURE PROGRAM
ADJUSTMENT FOR CALENDAR YEAR 2005; FINDING
THAT THE MEETING COMPLIED WITH THE OPEN
MEETINGS ACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE
WHEREAS, on or about March 31, 2006 the Atmos Energy Corporation's Mid-
Tex Division ( "Atmos Energy" or "Atmos ") filed an application with the City of
Georgetown, Texas ( "City ") to increase gas rates for its Gas Reliability Infrastructure
Program ( "GRIP ") for calendar year 2005; and
WHEREAS, the GRIP 2005 adjustment, if adopted, would result in an increase in
rates of approximately $12 million; and
WHEREAS, on or about May 31, 2006 Atmos filed a Statement of Intent to
increase rates system -wide by $72 million, including a request to recover the $12 million
for GRIP 2005; and
WHEREAS, the Statement of Intent also included a request to recover the $12
million for GRIP 2005; and
WHEREAS, the Texas Legislature never intended to allow Atmos to be able to
request an interim 2005 GRIP adjustment while a general rate case or Statement of Intent
is pending before local and state regulatory authorities.
Ordinance No. 9
ATMOS — GRIP Denial
Page 1 of 3
Fes~
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS THAT:
Section 1. That the statements set out in the preamble to this ordinance are
hereby in all things approved and adopted. The City Council hereby finds that this
Ordinance implements the Utility Policy Statement 11.00 of the Century Plan - Policy
Plan Element, which states: "City owned, sponsored or managed utilities are competitively
priced and provide safe, adequate and reliable services to all customers." and further finds that
the adoption of this Ordinance is not inconsistent or in conflict with any other Century
Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan.
Section 2. It is not appropriate for Atmos Energy to request recovery of an
interim GRIP adjustment while a general rate case is pending.
Section 3. The application for an interim GRIP adjustment for calendar year
2005 is in all respects dismissed for want of jurisdiction.
Section 4. The City Secretary shall notify Atmos Energy of this ordinance by
sending a copy of same to Mr. Richard Reis, Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1823, Dallas, Texas 75240 -2601 and ATM shall be notified by sending a
copy of this ordinance to Mr. Jim Boyle, Special Counsel for the ATM cities, by fax to
(512) 474 -2507.
Section 5. 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 6.
All ordinances and resolutions that are in conflict with the
provisions of this ordinance be, and the same are hereby, repealed and all other
ordinances and resolutions of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
Section 7. If any provision of this ordinance or application thereof to any
person or circumstance, shall be held invalid, such invalidity shall not affect the other
provisions, or application thereof, of this ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this ordinance are
hereby declared to be severable.
Section 8. The Mayor is hereby authorized to sign this ordinance and the
City Secretary to attest. This ordinance shall become effective in accordance with the
provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED ON FIRST READING on the j-E#daxy of June, 2006.
PASSED AND APPROVED ON SECOND READING on the day of July, 2006.
ATTEST:
P tricid E. Carls
BROWN & CARLs, LLP, City Attorney
THE CITY OF GEORGETOWN:
Nelon, Mayor