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HomeMy WebLinkAboutOrdinance 7660 ORDINANCE NO. ! 4 4 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SELECT AND ENGAGE RATE CONSULTANTS, ACCOUNTANTS, AUDITORS, ATTORNEYS, ENGINEERS, OR ANY COMBIN- ATION THEREOF, AS WELL AS A HEARING EXAMINER; TO CONDUCT INVESTIGATIONS, PRESENT EVIDENCE AND ADVISE THE CITY COUNCIL CONCERNING THE STATEMENT OF INTENT OF LONE STAR GAS COMPANY DATED OCT- TOBER 31, 1977, TO MAKE A MAJOR CHANGE IN GAS RATES IN THE CITY OF FORT WORTH; PROVIDING THAT THE LONE STAR GAS COMPANY REIMBURSE THE CITY FOR THE COSTS OF SUCH SERVICES; SUSPENDING THE PRO- POSED RATE INCREASE INTENDED TO BECOME EFFECTIVE FOR AT LEAST 120 DAYS BEYOND DECEMBER 6, 1977; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 31, 1977, the Lone Star Gas Company filed with the City Secretary of the City of Fort Worth a Statement of Intent to Change Rates to make a major change in gas rates proposed to go into effect on December 6, 1977, which major change in gas rates is estimated by the Lone Star Gas Company to increase its annual revenue in the amount of $2,318,798.00 and to increase the gas rates of 116,928 cus- tomers; and WHEREAS, under the Texas Public Utility Regulatory Act, (Article 1446c, V.T.C.S.), the City Council of the City of Fort Worth is charged with the duty of making a "reason- able determination of rate base, expenses, investment and rate of return within the municipal boundaries", within the City of Fort Worth; and WHEREAS, it is a matter of public necessity that a thorough investigation be conducted and a hearing held on such requested major change in rates; and WHEREAS, it is necessary that the proposed rate increase intended to become effective on December 6, 1977, be suspended as authorized by Article 1446c, the Public Utility Regulatory Act, for at least 120 days beyond the date on which the schedule of proposed rates would go into effect (April 4, 1978) ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That the City Manager is authorized and directed to select and engage rate consultants, accountants, auditors, attorneys, engineers, or any combination thereof, as well as a hearing examiner, to hold hearings, conduct investigations, present evidence and advise the City Council and assist with lit- igation on public utility ratemaking proceedings as authorized by Sections 23 and 24 of Article IV of Article 1446(c) , Revised Civil Statutes of Texas, as amended; and the Lone Star Gas Company shall be required to reimburse the City of Fort Worth for the costs of such services. SECTION II. That the proposed rate increase of Lone Star Gas Company intended to become effective on December 6, 1977, be and the same is hereby suspended as authorized by Article 1446(c), the Public Utility Regulatory Act, for at least 120 days beyond such date on which the schedule of proposed rates would go into effect and at least until April 4, 1978. SECTION III. 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 IV. 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 i i y � s