Ordinance 2005-06
ORDINANCE NO. 2005-06
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, FINDING THAT
THE CURRENT RATES OF COSERV GAS LTD. ARE
UNREASONABLE; APPROVING COSERV GAS LTD.'S REVISED AND
UNCONTESTED TARIFFS; APPROVING A RATE PHASE-IN;
AUTHORIZING CONTINUATION OF DEFERRAL OF CARRYING
CHARGES ON PLANT HELD FOR FUTURE USE; RECOGNIZING
COSERV'S RIGHT TO SURCHARGE FOR FACILITY RELOCATION
REQUIRED BY THE CITY; SETTING THE EFFECTIVE DATE OF NEW
TARIFFS AS FEBRUARY 1, 2005; FINDING CITIES' RATE CASE
EXPENSES REASONABLE; SEVERING THE DETERMINATION OF
THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE
EXPENSE FROM APPROVAL OF THE REVISED TARIFFS;
RETAINING JURISDICTION OVER THE DETERMINATION OF THE
REASONABLENESS OF COSERV GAS LTD. 'S RATE CASE EXPENSE
ISSUE UNTIL MARCH 1, 2005; ADOPTING A BASE RATE CASE
MORATORIUM; FINDING THAT ANY RELIEF REQUESTED BY
COSERV GAS LTD. NOT SPECIFICALLY GRANTED HEREIN IS
DENIED; ADOPTING A MOST FAVORED NATIONS PROVISION;
FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND
PROVIDING FOR NOTICE OF THIS ORDINANCE TO COSERV GAS
LTD.
WHEREAS, on or about August 25,2004, CoServ Gas Ltd. ("CoServ" or "Company"),
filed with the City of Wylie a Statement of Intent to change gas rates in all municipalities within
the CoServ System effective October 1,2004; and
WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's
Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to
Texas Utilities Code ~~ 102.001(b) and 103.001; and
WHEREAS, the City suspended the effective date of CoServ's rate request until
December 28, 2004 and CoServ extended the effective date of the rate increase by an additional
thirty days for the City to investigate the Company's filing and to consider settlement of the
request; and
WHEREAS, failure to take action regarding CoServ's rate request by January 27, 2005,
will cause CoServ's filed request to become effective for all CoServ customers within the
municipal limits;
WHEREAS, the City joined the Coalition of Cities Served by CoServ ("Cities"), a group
of other cities similarly affected by CoServ's rate request to jointly hire counsel and an
independent consultant to review CoServ's application; and
Ordinance No. 2005-06
CoServ
1
WHEREAS, after consideration of the Company's filing and the report issued by Cities'
expert, the City concludes that CoServ's current rates are unreasonable and should be changed;
and
WHEREAS, the Company and Cities have reached an agreement as to CoServ's filed
request to increase rates conditioned upon final approval by Cities; and
WHEREAS, the Company's requested increase in system-wide annual revenues of
$1,165,525 is excessive, and the Company has agreed to an increase in system-wide revenue of
$500,000, of which approximately $214,000 is associated with changes to the miscellaneous
service charges; and
WHEREAS, a condition to the settlement with CoServ is the City's recognition of the
Company's right under Texas Utilities Code Section 104.112, independent of the tariffs
approved herein, to surcharge facilities relocation charges within the city requiring relocation;
and
WHEREAS, a condition to the settlement with CoServ and the revised tariffs approved
herein is the Company's commitment that it will not file a request with Cities for a rate increase
that becomes effective prior to September 1,2006; and
WHEREAS, a condition to the settlement with CoServ is the phase in of the base rate
increase approved and reflected by the attached tariffs so that the first ten percent of the rate
increase will be implemented upon adoption of the revised tariffs and the remaining increase will
be implemented in ten-percent increments on or after November 1, 2005 and the balance on or
after Augu& 1,2006; and
WHEREAS, Cities' rate case expenses incurred in this proceeding are reasonable and
should be reimbursed by CoServ; and
WHEREAS, the City is unable at this time to determine the reasonableness of the rate
case expenses incurred by the Company; and
WHEREAS, the City has reviewed the settlement agreement reached between the
Company and the Coalition of Cities Served by CoServ and has determined that approval of the
revised tariffs is in the best interest of the City and its residents, results in just and reasonable
rates, and, therefore, should be approved by the City; and
WHEREAS, since the Company filing is based upon system-wide standardized rates and
tariffs, it would be inappropriate for any city or residents of any city to receive benefits not
enjoyed by the entire system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
Ordinance No. 2005-06
CoServ
2
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on
this the 25th day of January, 2005.
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Date ofoublication in The Wvlie News- February 2. 2005
Ordinance No. 2005-06
CoServ
4
Rate Schedule 5
Applicable to:
Effective Date:
RATE R - RESIDENTIAL SALES
Entire System
February 1,2005
Page 1 of2
Application of Schedule
Schedule applies to all Residential Customers.
Monthly Base Rate
Customer's base monthly bill will be calculated using the following Customer and Ccf charges:
Charge
Customer Charge
Amount
$ 9.00 per month, plus
V olurnetric Charge:
First 0 Ccf to 20 Ccf
Next 50 Ccf
All Additional Ccf
$.19437 per Ccf
$.14437 per Ccf
$.09437 per Ccf
Purchased Gas Factor
In addition to the base monthly bill above, each customer's bill will include a Purchased Gas Factor to account for purchased gas costs and
computed in accordance with CoServ Purchased Gas Factor Schedule No, 2.
Taxes
In addition to the monthly charges above, each customer's bill will include a charge for an amount equivalent to the customer's proportional part
of the city franchise fees, state gross receipts taxes, or other governmental levies payable by the Company, exclusive of federal income taxes.
Municipal franchise fees are determined by each municipality's franchise ordinance, Each municipality's franchise ordinance will specify the
percentage and applicability of franchise fees, From time to time, the tax factor may be adjusted, if required, to account for any over- or under-
recovery of municipal franchise fees by the Company and to include an amount equivalent to the proportionate part of any new tax or increased
franchise fee or tax, or any other governmental imposition, rental fee, or charge levied, assessed or imposed subsequent to the effective date of
this tariff by any governmental anthority, including districts, created under the laws of the State of Texas, The Company will also collect sales
taxes where applicable,
Ordinance No. 2005-06
CoServ
5
Rate Schedule 5
Applicable to:
Effective Date:
RATE R - RESIDENTIAL SALES
Entire System
February 1, 2005
Page 2 of2
Surcharges
In addition to the monthly charges above, each customer's bill will include an amount for
surcharges calculated in accordance with the applicable rider(s).
LINE EXTENSION POLICY
The company has the right to contract with individual customers for the installation of gas
facilities as provided for by the city franchise. Upon the request of a prospective new residential
or commercial customer for service in an area served by CoServ Gas, CoServ Gas will extend its
main lines up to 100 feet from an existing CoServ Gas main in the Public Rights of Way, without
charge. The 100- foot allowance applies to a single customer or to a group of customers
requesting service from the same extension. Customers requesting mainline extensions in excess
of 100 feet shall bear the cost of any additional main, and shall bear the cost of all yard lines,
service lines, customer meters and regulators, and appurtenant equipment, in accordance with the
charges listed in item 12, Line Extension and Installation, of Rate M, Miscellaneous Service
Charges. CoServ Gas is not required to extend its mains or facilities if the customer will not use
gas for space heating and water heating, or the equivalent load, at a minimum.
Ordinance No. 2005-06
CoServ
6
Rate Schedule 6
Applicable to:
Effective Date:
RATE C - COMMERCIAL SALES
Entire System
February 1,2005
Page 1 of2
Application of Schedule
Schedule applies to all commercial customers.
Monthly Base Rate
Customer's base monthly bill will be calculated using the following Customer and Ccf charges:
Charge
Customer Charge
Amount
$15.50 per month, plus
Volumetric Charge:
First 0 Ccfto 300 Ccf
Next 200 Ccf
All Additional Ccf
$.24436 per Ccf
$.19436 per Ccf
$.14436 per Ccf
Purchased Gas Factor
In addition to the base monthly bill above, each customer's bill will include a Purchased Gas Factor to account for purchased gas costs and
computed in accordance with CoServ Purchased Gas Factor Schedule NO.2.
Taxes
In addition to the monthly charges above, each customer's bill will include a charge for an amount equivalent to the customer's proportional part
of the city franchise fees, state gross receipts taxes, or other governmental levies payable by the Company, exclusive of federal income taxes.
Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the
percentage and applicability of franchise fees, From time to time, the tax factor may be adjusted, if required, to account for any over- or under-
recovery of municipal franchise fees by the Company and to include an amount equivalent to the proportionate part of any new tax or increased
franchise fee or tax, or any other governmental imposition, rental fee, or charge levied, assessed or imposed subsequent to the effective date of
this tariff by any governmental authority, including districts, created under the laws of tile State of Texas, The Company will also collect sales
taxes where applicable,
Ordinance No. 2005-06
CoServ
7
Rate Schedule 6
Applicable to:
Effective Date:
RATE C - COMMERCIAL SALES
Entire System
February 1,2005
Page 2 of2
Surcharges
In addition to the monthly charges above, each customer's bill will include an amount for
surcharges calculated in accordance with the applicable rider(s).
Line Extension Policy
The company has the right to contract with individual customers for the installation of gas
facilities as provided for by the city franchise. Upon the request of a prospective new residential
or commercial customer for service in an area served by CoServ Gas, CoServ Gas will extend its
main lines up to 100 feet from an existing CoServ Gas main in the Public Rights of Way, without
charge. The 100- foot allowance applies to a single customer or to a group of customers
requesting service from the same extension. Customers requesting mainline extensions in excess
of 100 feet shall bear the cost of any additional main, and shall bear the cost of all yard lines,
service lines, customer meters and regulators, and appurtenant equipment, in accordance with the
charges listed in item 12, Line Extension and Installation, of Rate M, Miscellaneous Service
Charges. CoServ Gas is not required to extend its mains or facilities if the customer will not use
gas for space heating and water heating, or the equivalent load, at a minimum.
Ordinance No. 2005-06
CoServ
8
Rate Schedule 10
Applicable to:
Effective Date:
Application
RATE M - MISCELLANEOUS SERVICE CHARGES
Entire System
February 1,2005
Page 1 of2
The service charges listed below are in addition to any other charges under the Company's Tariff
for Gas Service and will be applied for the condition described. Other services not covered by
these standard conditions will be charged on the basis of an estimate for the job or the
Company's actual cost plus appropriate surcharges.
Applicable Chames
Service
Charge
No.
Name and Description
Amount of
Charge
1
Connection Charge During Business Hours
During standard business hours, for each reconnection of gas service
where service has been discontinued at the same premises for any
reason, for the initial inauguration of service, and for each
inauguration of service when the billable party has changed, with
the following exceptions:
(a) For a builder who uses gas temporarily during construction
or for display purposes.
(b) Whenever gas service has been temporarily interrupted
because of System outage or servIce work done by
Company; or
(c) F or an reason deemed necessa for Com
Connection Charge After Business Hours
After standard business hours, for each reconnection of gas service
where service has been discontinued at the same premises for any
reason, for the initial inauguration of service, and for each
inauguration of service when the billable party has changed, with
the following exceptions:
(a) For a builder who uses gas temporarily during construction or
for display purposes.
(b) Whenever gas servIce has been temporarily interrupted
because of System outage or service work done by Company;
or
(c) For an reason deemed necessa for Com an 0 erations
Field Read of Meter
A read for change charge when it is necessary for the Company to
read the meter at a currently served location because of a change in
the billable a
Returned Check Charges
Returned check handling charge for each check returned to
Com an for an reason.
$
65.00
2
$
97.00
3
$
19.00
4
$
20.00
Ordinance No. 2005-06
CoServ
9
5
Charge for Temporary Discontinuance of Service - Residential
Whenever service has been temporarily disconnected at the request
of the customer, this charge plus the appropriate Connection Charge
will be made to reestablish such service for that customer at the
same address.
Charge for Temporary Discontinuance of Service- NonResidential
Whenever service has been temporarily disconnected at the request
of the customer, this charge plus the appropriate Connection Charge
will be made to reestablish such service for that customer at the
same address.
Charge for Meter Testing
The Company shall, upon request of a customer, make a test of the
accuracy of the meter serving that customer. The Company shall
inform the customer of the time and place of the test and permit the
customer or his authorized representative to be present if the
customer so desires. If no such test has been performed within the
previous four (4) years for the same customer at the same location,
the test shall be performed without charge. If such test has been
performed for the same customer at the same location within the
previous four (4) years, the Company will charge the Meter Test
Fee. The customer must be properly informed of the result of any
test on a meter that services him.
Charge for Service Calls During Business Hours
A Service Call Charge is made for responding to a service call
during standard business hours that is determined to be a customer
related problem rather than a Company or Company facilities
problem.
Charge for Service Calls After Business Hours
A Service Call Charge is made for responding to a service call after
standard business hours that is determined to be a customer related
problem rather than a Company or Company facilities problem.
Tampering Charge
No Company Meters, equipment, or other property, whether on
Customer's premises or elsewhere, are to be tampered with or
interfered with for any reason. A Tampering Charge is made for
unauthorized reconnection or other tampering with Company
metering facilities or a theft of gas service by a person on the
customer's premises or evidence by whomsoever at customer's
premIses. An additional cost for the cost of repairs and/or
replacement of damaged facilities and the installation of protective
facilities or relocation of meter are made at cost plus appropriate
charges as may be detailed in the Company's Service Rules and
Regulations
Credit/Debit Card Payments Charge
Bill payments using credit cards, debit cards, and electronic checks
(includes third-party transaction fees and administrative costs).
6
7
8
9
10
11
Ordinance No. 2005-06
CoServ
10
$ 65.00
$ 107.00
$ 15.00
$ 26.00
$ 40.00
$ 125.00
Actual Cost
Rate Schedule 10
Applicable to:
Effective Date:
RATE M - MISCELLANEOUS SERVICE CHARGES
Entire System
February 1, 2005
Page 2 of2
Line Extension and Installation Charges
Extension and installation of new mains, service lines, risers,
12 fittings and other appurtenant equipment pursuant to main Actual Cost
extension policy in municipal franchise. Credit for main pursuant
to municipal franchise. The customer is responsible for the
installation of yard line and yard line risers.
13 Construction Crew Charges Actual Cost
All labor charges if a construction crew is required.
]4 Construction Costs Charges Actual Cost
All other construction charges.
Ordinance No. 2005-06
CoServ
11
THE WYLIE NEWS
Lovermg Wylie, Sachse, Murphy and the surroundmg area
110 N. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of
The Wylie News, a newspaper regularly published in Collin County, Texas and having general
circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the
foregoing attached
City of Wylie
Ord. No. 2005-05, Ord. No. 2005-06,
Ord. No. 2005-07, Ord. No. 2005-08
was published in said newspaper on the following date(s), to-wit: Feb. 2, 2005
OIJJ/Jf-
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
:L.R
day of ft~~
, 2005
to certify which witness my hand and seal of office.
"'~0-::;rf'~~.'~;-' ,
i~ ~(>
I. .
V~'.~!d!
~eo,<'\'
'"""-...........,-.
ADA L. MOONEY
Notary Public
State of Texas
My Comm. Exp. 01.02-07
~~~
The State of Texas
My commission expires 01102/07
REC'O MAR 0 7 2005
INVITATION FOR BIDS
The North Texas
Municipal Water District is
soliciting proposals for the
construction of the follow-
ing project:
Little Elm Pipeline
NTMWD Project No.
LEWCF 03-1
This project includes con-
struction of approximately
18,800 feet of 30" potable
water transmission
pipeline, connections to
existing pipelines, flow
meter vault and associated
yard piping, electrical and
instrumentation, and
appurtenances.
Proposals must be deliv-
ered to the President and
Board of Director~ of the
North Texas Municipal
Water District at 505 East
Brown Street, Wylie, Texas
75098 until 11 :00 a.m.
local time, February 16,
2005 to be accepted. The
proposals will be publicly
opened and read aloud at
this time and place. Bids
received after this time will
be returned unopened.
Contract Documents may
be examined or purchased
at the offices of Freese and
Nichols, Inc., Consulting
Engineers at the following
address:
Freese and Nichols, Inc.
1701 North Market Street
Suite 500, LB51
Dallas, Texas 75202
Attention: Paul Lyons
The cost for Contract
Documents is $75 per set
for full-size documents and
$50 for half-size docu-
ments.
'"-lli€-'-ci:fs('"-or-contract
Documents is not refund-
ed. Submit check,
cashier's check or money
order for payment. Cash
will not be accepted.
Contract Documents are
On file and may be exam-
ined without charge in the
offices of the North Texas
Municipal Water District at
the address where propos-
'S'l!i;)>;;:r"4!$l:.,,,.;,,t..\I~~_
Bidders must submit a
cashier's check, certified
check, or acceptable bid-
der's bond with their pro-
posal as a guarantee that
the Bidder will enter into a ORDINANCE NO. AN ORDINANCE
contract for the project 2005-06 ADOPTING AND
with the Owner within fif- ENACTING A NEW
teen (15) days of Notice of AN ORDINANCE OF CODE FOR THE CITY
Award of the contract. THE CITY OF WYLIE, OF WYLIE, TEXAS;
The security must be TEXAS, FINDING THAT PROVIDING FOR THE
payable to the North Texas THE CURRENT RATES REPEAL OF CERTAIN
Municipal Water District in OF COSERV GAS LTD. ORDINANCES NOT
the amount of five percent ARE UNREASONABLE; INCLUDED THEREIN;
(5%) of the bid submitted. APPROVING COSERV PROVIDING A PENAL-
Contractor must execute GAS LTD.'S REVISED TY FOR THE VIOLA-
the contract, bonds and AND UNCONTESTED TION THEREOF; PRO-
certificates of insurance on TARIFFS; APPROVING A VIDING FOR THE MAN-
tlie'TOririsprovided in lJie-"m ..._----- PHASE~IN;'""NER'-aF""""A'MENDIN(r
Contract Documents. AUTHORIZING CON- SUCH CODE; AND PRO-
TINUATION OF DEFER- VIDING WHEN SUCH
RAL OF CARRYING CODE AND THIS ORDI-
CHARGES ON PLANT NANCE SHALL
HELD FOR FUTURE BECOME EFFECTIVE.
USE; RECOGNIZING
COSERV'S RIGHT TO
SURCHARGE FOR
FACILITY RELOCA-
TION REQUIRED BY
THE CITY; SETTING
THE EFFECTIVE DATE
als are to be received, or at
the offices of Freese and
Nichols at the address list-
ed above. Contract
Documents are also on file
in the following Plan
Rooms:
McGraw Hill
Construction Dodge
9155 Sterling Street,
Suite 160
Irving, Texas 75063
Phone (972)819-1400
North Texas Construction
Reports
11325 Pegasus #233W
ballas, TX 75238
Phone (214) 342-9200
Direct questions regarding
distribution of Contract
Documents for this project
to Mr. Paul Lyons, (214)
920-2500. Direct que
tions related to the desi n
of the project to Mr.
Carleton Sherrer, P.E.,
(214) 920-2500 or Mr.
Nick Lester, E.I~T. ~7)
735-7300. Wri ~Yjues-
tions may be su 't d to
Freese and Nichols at the
address shown above or
you may fax questions to
(214) 920-2565 or email
questions to Mr. Sherrer
(jcs@freese.com).
Performance and Payment
Bonds are required, each in
an amount of not less than
one-hundred percent
(100%) of the contract
price, conditioned upon the
faithful performance of the
contract and upon payment
of all persons supplying
"labor or furnishing materi-
OF NEW TARIFFS AS
FEBRUARY 1, 2005;
FINDING CITIES' RATE
CASE EXPENSES REA-
SONABLE; SEVERING
THE DETERMINATION
OF THE REASONABLE-
NESS OF COSERV GAS
LTD.'S RATE CASE
EXPENSE FROM
APPROVAL OF THE
REVI5ED TARIFFS;
RETAINING JURISDIC-
TION OVER THE
DETERMINATION OF
THE REASONABLE-
NESS OF COSERV GAS
NORTH TEXAS MUNIC- LTD.'S RATE CASE
IPALWATER DISTRICT EXPENSE ISSUE UNTIL
MARCH 1, 2005;
Joe Farmer ADOPTING A BASE
President, Board of RATE CASE MORATO-
rectors _}'7=}!-~... 5_ RIUM; FINDING THAT
ANY RELIEF REQUEST-
. ORDINANCE NO. D BY COSERV GAS
2005-05 LTD. NOT SPECIFICAL-
LY GRANTED HEREIN
IS DENIED; ADOPTING
A MOST FAVORED
NATIONS PROVISION;
FINDING THAT THE
MEETING AT WHICH
THIS ORDINANCE IS
PASSED IS OPEN TO
THE PUBLIC AS
REQUIRED BY LAW;
AND PROVIDING FOR
NOTICE OF THIS ORD~
NANCE TO COSERV
GAS LTD.
also
The North Texas
Municipal Water District
reserves the right to adopt
the most advantageous
interpretation of the bids
submitted in the case of
ambiguity or lack of clear-
ness in stating proposal
prices, to reject any or all
bids, and/or waive formali-
ties. Bids may not be with-
drawn within sixty (60)
days from date on which
bids are opened.
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS GRANTING A
CABLE FRANCHISE
'GRANTED TO GTE
SOUTHWEST, INC.
D/B/A VERIZON
SOUTHWEST SETTING
FORTH THE TERMS
AND CONDITIONS TO
CONSTRUCT, OPER-
ATE, AND MAINTAIN A
CABLE SYSTEM IN THE
CITY OF WYLIE; AND
PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO.
2005-07
ORDINANCE NO.
2005-08
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS REPEALING