ORD 2002-43TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 - 43
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
FINDING, AFTER REASONABLE NOTICE AND HE, THAT TXU
GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE TOWN
SHOULD BE CHANGED; DETERNIINING JUST AND REASONABLE
RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE
ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE
CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION
OF NATURAL GAS TO RESIDENTIAL, CONEVIERCIAL AND
INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE
CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE
TOWN; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR AN EF FE CTIVE DATE
WHEREAS, the Town of Trophy Club ("Town"), acting as a regulatory authority, has
previously suspended the effective date of TXU Gas Distribution's ("Company") application to
increase rates in the Town in order to study the reasonableness of that application;
WHEREAS, the Town or a consultant retained by the Town evaluated the merits of the
Company's application;
WHEREAS, the Town in a reasonably noticed public hearing considered the Company's
application;
WHEREAS, the Town has determined that the Company's rates within the Town should
be changed and that the Company's application should be granted, in part, and denied, in part;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1. On March 1, 2002, TXU Gas Distribution, a division of TXU Gas
Company ("Company") filed with the Governing Body of this municipality a Statement of Intent
to Change Residential, Commercial and Industrial Rates charged to consumers within this
municipality. Also filed was the Tariff for Gas Service in the North Texas Metroplex
Distribution System ("Tariff for Gas Service") and the supporting Cost of Service Schedules
("Schedules").
SECTION 2. That the existing rates and charges of TXU Gas Distribution are hereby
found, after reasonable notice and hearing, to be unreasonable and shall be changed as
hereinafter ordered. The changed rates resulting from this Ordinance are hereby determined to
be just and reasonable rates to be observed and in force within the Town.
SECTION 3. The Company has agreed to modify the rates proposed in its Statement of
Intent and the modified rates are reflected in the revised Tariff for Gas Service attached hereto as
Exhibit A.
-1-
SECTION 4. The maximum general service rates for sales and transportation of natural
gas rendered to residential, commercial and industrial consumers within the Town limits of
Trophy Club, Texas by TXU Gas Distribution, a division of TXU Gas Company, a Texas
corporation, its successors and assigns, are hereby fixed and approved as set forth in the revised
Tariff for Gas Service attached hereto as Exhibit A. The rates reflected in the attached Rate
Schedules entitled Residential Service, Commercial Service, Industrial Sales, industrial
Transportation and Industrial Sales & Transportation are found to be reasonable. Nothing
contained herein shall limit the right of industrial and transportation customers with competitive
options to negotiate rates with the Company that differ from approved tariffs.
SECTION 5. All electric generation customers are included as Industrial Transportation
customers under the applicable transportation rate schedule.
SECTION 6. The Rate Adjustment and Surcharge Provisions set forth in the revised
Tariff for Gas Service attached hereto as Exhibit A and entitled Gas Cost Adjustment, and Tax
Adjustment, are approved.
SECTION 7. The Company shall have the right to collect such reasonable charges as are
necessary to conduct its business and to carry out its reasonable rules and regulations. Such
miscellaneous service charges are identified in Rate Schedules 9001 through 9008 of the
attached revised Tariff for Gas Service.
SECTION S. Cities' rate case expenses are found to be reasonable and shall be
reimbursed by the Company. The Company is authorized to recover the rate case expenses
reimbursed to Cities and the Company's rate case expenses, up to the amount agreed to, through
a per Mcf surcharge as set forth in the Rider entitled Surcharges in the attached revised Tariff for
Gas Service.
SECTION 9. The aforesaid rate schedules and riders herein approved shall be effective
for bills rendered on or after February 1, 2003.
SECTION 10. The rates set forth in this Ordinance may be changed and amended by
either the Town or Company in any other manner provided by law. Service hereunder is subject
to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and
Regulations currently on file with the Town.
SECTION 11. Unless otherwise noted herein, other than TXU Gas Distribution (a
named parry), no person or entity has been admitted as a party to this rate proceeding.
SECTION 12. It is hereby found and determined that said meeting at which this
ordinance was passed was open to the public, as required by Texas law, and that advance public
notice of the time, place and purpose of said meeting was given.
SECTION 13. This Ordinance shall be served on TXU Gas Distribution by U.S. Mail to
the Company's authorized representative, Autry Warren, Rates Manager, TXU Business
Services, 1601 Bryan Street, Dallas, Texas 75201-3411.
SECTION 14. Nothing contained in this Ordinance shall be construed now or hereafter
in limiting or modifying, in any manner, the right and power of the Town under law to regulate
the rates and charges of TXU Gas Distribution.
2
SECTION 15. All ordinances, resolutions, or parts thereof, in conflict with this
Ordinance are repealed to the extent of such conflict. Examples of such ordinances or
resolutions that are deemed repealed are all ordinances or resolutions concerning Military Rates -
N, Cost of Service Adjustments, Plant Investment Cost Adjustments, and Weather Normalization
Adjustments. To the extent Public Authority Rates, Commercial Contract Rates or Military
Rates -N are in effect in the Town those rates are specifically repealed as they are now a part of
the Commercial rates and are calculated in accordance with the revenue requirement for
Commercial customers.
SECTION 16. The rate schedules included in the Tariff for Gas Service supercede and
replace all other tariffed services provided by TXU Gas Distribution except as expressly
contained within the Tariff for Gas Service.
SECTION 17. The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance by copying the Caption, Penalty, and Effective Date in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the
ordinance records of the Town.
SECTION 18. This Ordinance shall become effective from and after its date of adoption
and publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town' ouncil of the Tow 1 rophy Club, Texas,
this the 2nd day of December, 2002.
�I
Mayor—
Town of Trophy Club, Texas
n
Town Secretary (
Town of Trophy Club, Teus.—
[SEAL]
7::)
7.
'a i4
APPROVED AS TO FO
Town Attorney
Town of Trophy Club, Texas
3