HomeMy WebLinkAboutOrdinance 7578 ORDINANCE NO. /! '7
AN ORDINANCE APPROPRIATING REVENUE OF THE
CITY IN EXCESS OF ITS TOTAL ESTIMATED IN-
COME AS SET FORTH IN THE ANNUAL BUDGET FOR
THE PURPOSE OF SELECTING AND ENGAGING RATE
CONSULTANTS, ACCOUNTANTS, AUDITORS, EN-
GINEERS AND EXPERTS TO CONDUCT AN INVEST-
IGATION, PRESENT EVIDENCE AND ASSIST WITH
LITIGATION ON BEHALF OF THE CITY OF FORT
WORTH IN THE REGIONAL RATE MAKING PROCEEDINGS
AND RATE INCREASE APPLIED FOR BY TEXAS ELECTRIC
SERVICE COMPANY TO THE CITY COUNCIL OF THE CITY
OF FORT WORTH AND TO THE PUBLIC UTILITY COM-
MISSION OF TEXAS IN DOCKET NO. 527; PROVIDING
A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR APPROPRIATION ORDINANCES;
REPEALING ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That the City Manager of the City of Fort Worth shall be
provided with such revenue as may be secured from the various
sources included in Ordinance No. 7399 and in the Budget of the
City Manager; and, in addition thereto there is hereby appropri-
ated an additional initial sum of Twenty-five Thousand and No/100
Dollars ($25,000.00) of excess revenue and/or unappropriated sur-
plus from the General Fund balance to be used to select and engage
rate consultants, accountants, auditors, engineers and experts to
conduct an investigation, present evidence and assist with
litigation on behalf of the City of Fort Worth in the Regional
rate making proceedings and rate increase applied for by Texas
Electric Service Company to the City Council of the City of
Fort Worth and to the Public Utility Commission of Texas in
Docket No. 527. The City Manager shall also be authorized to
pay such other costs and expenses necessary in the City's
participation in such rate making proceedings.
SECTION 2.
Should any part, portion, section or part of a section
of this ordinance be declared invalid or inoperative or void
for any reason by a court of competent jurisdiction, such
decision, opinion or judgment shall in no way affect the
remaining portions, parts, sections or parts of sections of
this ordinance, which provisions shall be, remain and continue
to be in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance
No. 7399, but all other ordinances and appropriations for
which provision has been heretofore made are hereby expressly
repealed if in conflict with the provisions of this ordinance.
SECTION 4.
That this ordinance shall take effect and be in full
force and effect from and after the date of its passage, and
it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ADOPTED: l `1
EFFECTIVE: ( q , l q-7 7
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BAILIFF Mayor and Council Communication LRatioU
GRAHAM
JOHNDROE DATE REFERENCE SUBJECT: Texas Electric Service Company PAGE
NUMBER Rate Application
AUGHINBAUGH
7/19/77 G-3506
1 of
f
0 On June 27, 1977'the Texas Electric Service Company filed four volumes of
testimony, exhibits, proposed tariff, etc., seeking rate increases in resi-
dential rates by 25.12%, commercial and industrial by 22.58%, municipal by
27.43% and other users, 23.58%. Two days later on June 29, 1977, the same
rate application was filed with the Public Utility Commission of Texas.
On Friday, July 1, 1977,. the City Attorney filed a Motion of the City of Fort
Worth for Leave to Intervene as a Party in Docket No. 527, Texas Electric
Service Company's Petition to set rates before the Public Utility Commission.
Under Article 1446c every city is required to "retain any and all personnel
necessary to make the determination of reasonable rates" required under the
Public Utility Regulatory Act.
The Public Utility Regulatory Act permits any city to hire experts to assist
with the litigation on public utility ratemaking proceedings and to require
the participating utility to pay the costs of such services.
On June 30, 1977, the Public Utility Commission gave notice of a pre-hearing
conference to be held on July 15, 1977, at the Commission offices in Austin,
Texas, at 9:00 A.M. Based on the preliminary information presented by Texas
Electric Service Company and the expected nature of the hearing and the broad
scope of the rate increase requested, the City Attorney anticipates that
specialists will be needed to assist the City of Fort Worth.
To expedite matters it is recommended that the City Manager and City Attorney
be authorized, as needed, during the rate proceedings to select and engage
and pay on a professional fee basis such specialists. The costs for these
specialists may be billed to Texas Electric Service Company at the conclu-
sion of the case as provided in Article IV, Section 24 of Article 1446c,
the Texas Public Utility Regulatory Act.
To provide funds during the interim it will be necessary to appropriate
funds from prior years revenues to pay the various specialists engaged.
RECOMMENDATIONS
It is recommended that:
(a) That the City Manager and City Attorney be authorized to select
specialists as required during the investigation, analysis and
rate proceedings and that they be paid at their professional
fee rate for the time required;
(b) A sum of $25,000 be appropriated by adoption of the attached
special appropriation ordinance to pay for these services;
DATE REFERENCE SUBJECT: Texas Electric Service Company PAGE
NUMBER Rate Application 2 2
7/19/77 G-3506 _of _
(c) After all expenses have been determined, the Texas Electric Service
Company be billed as provided by Article 1446c,
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Attachment
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
❑ APPROVED ❑ OTHER (DESCRIBE) (�
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ADP� ��°� t� t`� Is:' CITY SECRETARY
DATE�
CITY MANAGER �// -17