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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