Loading...
HomeMy WebLinkAbout91-287747 ENERGAS ~-_~ ORDINANCE NO. 91-2877 AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY ENERGAS COMPANY IN THE CITY OF PLAINVIEW, .TEXAS, :PROVIDING FOR SCHEDULES, CONDITIONS, SEVERABILITY; RBPEAL `OF CONFLICTING ORDINANCES . WHEREAS, on April 19, 1991, Energas Company ("Energas° or "Company) filed. with he City of Plainview ("the City") a request for an increase in retail 'natural gas rates to be charged within the City. The proposed increase was equivalent to a revenue increase of approximately $5 , 986 , 951 per annum in addition to $635,554 in service charges, stated on a ~Yest Texas service area basis; WHEREAS, the City, having suspended the effective date of such proposed increase and having considered the same at a public hearing, including the evidence .and recommendations of the Cities' consultants, is of the opinion and .finds that-the existing rates should be adjusted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY %"~~ ` ~F PLAINVIEW, TEXAS FART 1: That the requested rates, tariffs, and. charges of Energas for natural gas service sold within the City be revised to increase annual revenues on a 1+liest Texas system basis by ~3, 950, 000 and that service charges be increased by $635 , 554. The Schedules of Rates, as are approved in accordance herewith, are those under 'which the Company shall be authorized to render gas service -and to collect charges .from its customers for the sale of natural gas Fvithin the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended, or withdrawn, with the approval 'of the City Council. PART 2: Energas Company is .directed, and by filing compliance tariffs,.. shall be deemed to show its agreement, to pursue with all haste and diligence, the approval by the Texas Railroad Commission of similar gas rates '~, with an identical effective date -fore unincorporated areas adjacent to the City. The rates of Energas. -within the City shall not, in any case, exceed final rates approved by the Railroad Commission. of Texas for Energas customers in unincorporated areas adjacent to the City. Upon adoption of `final rates- by the Railroad Commission of Texas in unincorporated areas, it shall be unlawful for Energas to collect or attempt to collect higher rates within.. the Gity than are collected by Energas within unincorporated areas adjacent to the City. PART 3: The rates approved hereby fix the overall revenues of the Company at a level which will permit Energas a reasonable opportunity to earn 1of3 4~ Energas. Rate Case a reasonable return on .its invested capital used and useful: in rendering service to the public .over and above the Company's. reasonable and necessary operating. expenses and are sufficient such that Energas need. not file another retail natural gas utility rate case in the West Texas service area, prior to December 21, ;1992, except in the event of imposition of a substantial: state tax increase. PART 4: The rates .approved .hereby shall be effective and in force as of bills rendered after September 1, 1991, and shall be charged and .observed thereafter until revised according to law. .PART 5: That Energas shall. file .with the City within ten (10) days hereof $ revised Schedule of Rates and Tariffs setting :.forth those rates, .tariffs, anal charges ;based upon such increase in total operating revenues as prescribed herein: The .rate,. design implemented by such .schedules and tariffs shall be in accord with the rate design .filed in this case by ;Energas . Such Schedule of Rates and Tariffs may be modified or amended by the City Council. within ten (10) .days from the date of filing `with the City, otherwise the same shall be..considered approved as filed. PART 6: Such Schedule of .Rates ;and Tariffs shall nat ...include a tax adjustment clause as the tax adjustment clause .requested. by Energas is hereby denied. PART 7: The Company's request to surcharge .rate case expenses is hereby denied, and the Company shall. reimburse the City for all expenses incurred in evaluating the Company's request. and payment of rate case .expenses shall be absorbed,: by the Company. PART 8: That the action of the City Council .enacting this Ordinance constitutes, on the date of its .:final passage, a final. determination of rates. for Energas within the City in accordance with Vernon's Ann. Civ. St. art. 1446e, `Gas Utility.. Regulatory Act. PART 9: Nothing in this Ordinance shall be construed now or hereafter as limiting, modifying, in any manner, ..the right and power of the City under the law to regulate the ,rates and charges of .Energas.. PART 10: That alI Ordinances, Resolutions., or parts thereof, in conflict herewith, are .repealed to the extent of such.. conflict.. PASSED. AND APPROVED on this the. -13th .day of August, 1991. E. V. Ridlehuber, Mayor ~ 1 ~~~ `~.:/ ~~, 2 of 3 49 ~~ ~~ ~~ ~,,_ ; 3 of 3 i_ _ .. , ~