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HomeMy WebLinkAboutOrdinance 16198Ordinance No ` ~~ AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $54 039 10 AND DECREASING THE UNRESERVED DESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF FUNDING PARTICIPATION IN DOCKETS AND RATE CASES AT THE TEXAS PUBLIC UTILITIES COMMISSION WITH THE TXU ELECTRIC SERVICES AREA CITIES STEERING COMMITTEE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR 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 in addition to those amounts allocated to the various City departments for Fiscal Year 2004- 2005 in the Budget of the City Manager there shall also be increased appropriations in the General Fund in the amount of $54,039 10 and decreasing the unreserved, designated fund balance by the same amount, for the purpose of funding participation in dockets and rate cases at the Texas Public Utilities Commission with the TXU Electric Services Area Cities Steering Committee. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3 That this ordinance shall be cumulative of Ordinance No. 16061 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4 This ordinance shall take effect upon adoption APP VED AS TO FORM AND LEGALITY < ~ Assistant City Attorne• ADOPTED AND EFFECTIVE. ~j~ `9-D`•~ G--/~ S 7 ~ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 11/9/2004 Ordinance No 16198 DATE Tuesday November 09 2004 LOG NAME 03TXU REFERENCE NO *G-14576 SUBJECT Adoption of Supplemental Appropriation Ordinance and Authorization for Payment to the Standing Steering Committee of TXU Electric Service Area Cities to Fund Participation in Dockets and Rate Cases at the Texas Public Utility Commission RECOMMENDATION It is recommended that the City Council 1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund by $54 039 10 and decreasing the unreserved, designated fund balance by the same amount; and 2. Authorize the City Manager to pay the Steering Committee of TXU Electric Service Area Cities the sum of $54 039 10 to fund participation in current and upcoming dockets and rulemakings at the Texas Public Utilities Commission DISCUSSION I Background Pursuant to TXU Electric Company's franchise to operate in the City granted in July 1993 TXU made a payment in advance of $3 6 million to the City and increased its annual payments 33% In exchange the City agreed that it would not exercise its right to receive reimbursement for expenses resulting from electricity rate cases. The City Council established a special reserve account to pay the City's expenses in those rate cases Several cities including Dallas, Arlington Waco and Irving entered into similar franchise agreements with TXU On July 30 1996 (M8~C G-11549) the City of Fort Worth also joined these cities to form a Standing Steering Committee that would be funded in advance to enable the cities to respond in a timely manner to filings before the Public Utility Commission of Texas. The initial assessment on the member cities was ( 10 cents) per capita. Future assessments would depend on the number and extent of the rulemaking rate cases and related dockets in which the cities intervened II Current Status There are a number of issues before the Public Utilitiy Commission of Texas associated with electric utility deregulation The Steering Committee's Executive Committee has determined that additional funds are needed to address these issues. The Executive Committee recommends an additional assessment to the member cities. The City of Fort Worth s share on this project is $54 039 10 Payment of this assessment is a legitimate use for the funds in the Electricity Rate Case Reserve Account. Lo~name 03TXU Page 1 ~f 2 Currently $500 000 is designated in the unreserved designated fund balance of the General Fund to provide a secure source of funding for the City's participation of the TXU Electric rate cases Each fiscal year if the designated reserve account falls below the $500 000 balance Ordinance No 1382 as amended by the City Council on September 26 2000 (M&C G-13023) requires a deposit be made equal to the lesser of $150 000 or whatever amount is necessary to return the balance of the designated reserve account to $500 000 Accordingly approval of this Mayor 8 Council Communication will appropriate the necessary amount to maintain the policy level balance. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon approval of the attached appropriations ordinance funds will be available in the current operating budget of the General Fund, as appropriated TO Fund/Account/Centers FROM Fund/AccountlCenters GG01 539120 0905500 $54.039.10 GG01 539120 0905500 $54.039.10 Submitted for City Manager's Office b~ Richard Zavala (Acting) (8511) Originating Department Head Bridgette Garrett (8518) Additional Information Contact: Danny Reed (6145) Loename 03TXU Pace ?_ of 2