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Ordinance 1993-13 ORDINANCE NO. tjJ- -; 8- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; APPROVING THE ELIMINATION OF THE RATE SCHEDULES FOR PUBLIC FREE SCHOOLS-N AND THE COMMERCIAL CONTRACT PUBLIC SCHOOL RATE; PROVIDING FOR A TAX ADJUSTMENT; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR THE RECOVERY OF ANY CURRENT OR UNRECOVERED PRIOR RATE CASE EXPENSE; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on February 2, 1993 Lone Star Gas Comapny (Lone Star), a franchised provider of natural gas services within the City of Wylie, filed a Statement of Intent to change the rates charged for natural gas service in the City of Wylie; and, WHEREAS, the City was not agreeable to all of the changes specified in the Statement of Intent; and, WHEREAS, the City and Lone Star have reached a negotiated position relative to the increases and charges for natural gas in the City of Wylie; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I Subject to the following provisos, effective with gas bills rendered on and after thirty (30) days from final date of passage of this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the City limits of Wylie, Texas by Lone Star, a division of ENSERCH Corporation, a Texas Corporation, its successors and assigns, is hereby fixed and determined as set forth in Item A, in the Attachment hereto which is incorporated herein. This ordinance also approved the elimination of the Rate Schedule for Public Free Schools-Nand the Commercial Contract Public School rate and placement of those customers receiving said rate on the commercial rate set forth in Item A in the attachment hereto. PROVISO NO.1: If this ordinance is fmally passed and approved before the effective date stated in the Statement of Intent the new rates shall be effective with as bills rendered on ORDINANCE NO. 9J../3 PAGE TWO and after thirty (30) days from the fmal date of passage of this ordinance for the good cause of reducing regulatory lag. PROVISO NO.2: If this ordinance is fmally passed and approved after a period of suspension, the new rates shall be billable immediately in order to reduce regulatory lag. This provision is an exercise of the regulatory authority's discretion to establish the effective date of rates at anytime after jurisdiction attached, and its authority pursuant to stat law to establish rates for any period of suspension. SECTION II The residential and commercial rates set forth above shall be adjusted upward or downward from a base of $4.0200 per Mcf by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (Mcf) of natural gas from changes in the intercompany city gate rate charged as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the Wylie distribution system, according to Item B, in the Attachment hereto which is incorporated herein. SECTION III Company shall also receive tax adjustments according to Item C in the Attachment hereto which is incorporated herein. SECTION IV In addition to the aforesaid rates, 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 in effect. The charges set forth in Items D and E, in the Attachment hereto which is incorporated herein, are approved. services for which no charge is set out may be performed and charged for by Company at a level established by the normal forces of competition. SECTION V In addition to the aforesaid rates, Company is authorized to recover the current and any unrecovered prior rate case expense through a surcharge designed for a six-month nominal recovery period. The surcharge per Mcf will be calculated by dividing the rate case expenses to be recovered by one-half of the adjusted annual sales volume to residential and commercial customers. The company will provide monthly status reports to account for the collections. ORDINANCE NO. '3--/.3 PAGE THREE SECTION VI The rates set forth in this ordinance may be changed and amended by either the City or company, only in the manner provided by law. Service hereunder is subject to the orders of the regulatory bodies having jurisdiction, and to the company's rules and regulations currently on file in the Company's office. SECTION VII Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VIII This ordinance shall be in full force and effect from and after its adoption by the City Council as the law and the City Charter provide in such cases. SECTION IX That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION X The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. ORDINANCE NO. 9~'1$ PAGE FOUR DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of February, 1993. ~y. '1. 7~ I n W. Akin .' ayor d/jl~'/O) r ---r-f ./ . ArrEST: .tli~~1.I<<-U:J Mary Nich Is City Secretary ATTACHMENT TO ORDINANCE NO. CITY OF WYLIE, TEXAS TARIFFS & SCHEDULES 91-13 ITEM A. RATES The following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Customer charge All consumption @ $6.5000 $ 5.2380 If the service period is less than 28 days in a month, the customer charge is $.2321 times the number of days service. Commercial: Customer charge First 20 Mcf @ Next 30 Mcf @ Over 50 Mcf @ $10.5000 $ 5.1768 per Mcf $ 4.8768 per Mcf $ 4.7268 per Mcf If the service period is less than 28 days in a month, the customer charges is $.3750 times the number of days service. Bills are due and payable when rendered and must be paid within ten days from monthly billing date. Residential Off-Peak Sales Discount: An off-peak sales discount of $.25 per Mcf will apply to residential customers' volume purchased in excess of 8 Mcf for each of the billing months May through October. ITEM B. GAS COST ADJUSTMENT Each monthly bill at the above rates shall be adjusted for gas cost as follows: (1) The City gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Mcf based upon: (a) A volume factor of 1.0356 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by the adjusted sales volumes. (b) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Hcf (shown below as "Re"). (c) The base city gate rate of $4.0200 per Hcf. (2) Correction of the estimated adjustment determined by Item B (1) above shall be included as part of the adjustment for the second following billing month. The correcting factor (shown below as "C") shall be expressed to the nearest $0.0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item B (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item B (1) and Item B (2) above shall be multiplied by a tax factor of 1.04217 to include street and alley rental and state occupation tax due to increasing Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf by Item B (1), Item B (2) and Item B (3) as follows: GCA = [Item B (1) + Item B (2)] X Item B (3) GCA = [(1.0356) (Re - $4.(200) + C) X 1.04217 1\ ITEM c. TAX ADJOSTMENT The tax adjustment shall be an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease, or any increase or decrease of any other governmental imposition, rental fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to July 1, 1992 upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. ITEM [J)). SCHEDULE OF SERVICE CHARGES (1) INAUGURATION OF SERVICE In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule Charqe 8 A.M. to 5 P.M. Monday through Friday 5 P.M. to 8 A.M. Monday through Friday Saturdays, Sundays and Holidays $ 27.50 $ 41.25 $ 41.25 For each inauguration or reinauguration of gas service, where service has been discontinued at the same premises for any reason, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes (b) For the first occupant of the premises (c) Whenever gas service has been temporarily interrupted because of system outage, service work or appliance installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) RETURNED CHECK CHARGE A return check handling charge of $13.75 is made for each check returned to the Company for reasons of non- sufficient funds, account closed, payment withheld, invalid signature, or improper preparation. (3) COLLECTION CHARGE A charge of $9.50 shall be made for each instance when it is necessary for a company employee to go to a customer's residence or place of business in order to collect amounts owed the Company for gas service previously rendered. This charge shall not apply if service is terminated at the time of the collection action. This charge shall apply to only one trip on the same amount owed. ITEM E'. MAIN LINE EXTENSION RATE The charge for extending mains beyond the free limit established by Lone star Gas Company, or any free limit established by franchise, for bona fide residential customers shall be the lesser of: (a) the system-wide average cost of construction, including all overheads, for the prior fiscal year or (b) the adjusted actual cost as determined by applying the latest Handy-Whitman Index to the 1975 actual base cost of $2.94. A bona fide residential customer uses gas for heating and water heating, or the equivalent load thereof, at a minimum. Residential customers other than bona fide residential customers shall pay actual cost for main line extensions beyond the free limit. The Company shall file the calculation of such charge with the City as soon as sufficient data is available each fiscal year. Extension to commercial and industrial customers shall be based on actual cost per foot. --,., .~ --~'------"'---~--'-"'''''''-~'''~-~''-~''''-''--'"''''--'~'''~-''''''-'---'~"'~"-"-~'~'-"""""''''''''='-'.''_P-'""~---------