Ordinance 2005-39
ORDINANCE NO. 2005-39
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS FINDING, AFTER
REASONABLE NOTICE, THAT CERTAIN RATE CASE EXPENSES OF
COSERV GAS LTD. ARE REASONABLE; PROVIDING FOR
RECOVERY OF RATE CASE EXPENSES; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES.
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
SS 102.001(b) and 103.001; and
WHEREAS, the Company and the Coalition of Cities Served by CoServ ("Cities") reached an
agreement as to CoServ's filed request to increase rates; and
WHEREAS, the agreement between the Company and the Cities was finally approved by the City
of Wylie by Ordinance dated January 25,2005; and
WHEREAS, the issue of rate case expenses incurred by the Company was severed from the
Ordinance approving the agreement; and
WHEREAS, the City has retained jurisdiction over the rate case expense reimbursement issue as
a result of extensions of the jurisdictional deadline by CoServ, pursuant to said agreement; and
WHEREAS, the City has previously determined that the Cities' rate case expenses are reasonable
and should be reimbursed by CoServ; and
WHEREAS, the Cities' rate case expenses do not include the expenses incurred by the City of
Denton and Denton has agreed that its rate case expenses shall be billed to the Company separately by
that city and shall not be surcharged to any customers outside the City of Denton; and
WHEREAS, the amount of rate case expenses incurred by the Company that were reasonable and
necessary are $260,041.00.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1. That the Cities' rate case expenses have previously been found to be reasonable and
shall be reimbursed promptly by the Company.
SECTION 2. That it is in the best interest of the City and its residents to approve rate case
expenses incurred by CoServ Gas Ltd., in the total amount of $260,041.00 and only those Company
expenses are hereby found to be reasonable and necessary.
Ordinance No. 2005-39
CoServ Gas Rate Increase Expenses
1
SECTION 3. That the Company is authorized to recover the rate case expenses reimbursed to the
Cities, exclusive of those incurred by the City of Denton, and the Company's rate case expenses approved
herein through a consumption-based 12-month surcharge calculated on a system-wide basis. The
surcharge shall be based upon anticipated system-wide volumetric consumption for the calendar year
2005, estimated by the Company to be 28,949,610 Ccf.
SECTION 4. That after submission of the Cities' expenses, the Company shall calculate the
surcharge and submit the calculation to the City. Six months after the first date on which any rate case
expense surcharge is due from customers, the Company shall submit a statement to the City showing the
amount recovered by the Company through the surcharge and the amount remaining to be recovered. The
Company shall also submit a final reconciliation to the City, not more than thirty (30) days after one year
from the first date on which any rate case expense surcharge is collected by the Company, to prove that
the Company has not over-recovered rate case expenses. Any over-recovery shall be promptly refunded
by the Company. The Company may submit the initial calculations and progress reports to the Cities'
rate steering committee chairman and legal counsel to comply with this provision, unless the City makes a
written request that the calculations and reports be submitted to the City.
SECTION 5. That all relief requested by CoServ not specifically addressed herein is denied.
SECTION 6. That it is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of the time, place and
purpose of said meeting was given as required.
SECTION 7. That a copy of this ordinance, constituting final action on rate case expense issues
resulting from the CoServ Statement of Intent filed with the City to change gas rates in all municipalities
within the CoServ System, be forwarded to the appropriate designated representative of the Company,
Charles D. Harrell, Chief Financial Officer, CoServ Gas Ltd., 7701 South Stemmons, Corinth, Texas
76210-1842, within ten (10) days.
SECTION 8. Nothing contained in this Ordinance shall be construed now or hereafter as limiting
or modifying, in any manner, the right and power of the City under law to regulate the rates and charges
of CoServ Gas Ltd.
SECTION 9. All ordinances, resolutions, or parts thereof, in conflict with this Ordinance are
repealed to the extent of such conflict.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the
30th day of August, 2005.
APPROVED:
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ATTEST: ~ t S E A. L '1 ~PROVED AS TO FORM:
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Date of Publication in The Wvlie News - September 7. 2005
Ordinance No. 2005-39
CoServ Gas Rate Increase Expenses
2
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m:be jfarmer~biUe m:ime~. Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS
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. 2005-39
was published in said newspaper on the following dates, to-wit: Sept. 7, 2005
.~
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
~
day of
t2d~
, 2005
to certify which witness my hand and seal of office.
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~!~dfor
The State of Texas
My commission expires 01/02/07
Murphy/Sachse/Wylie Office' 110 N. Ballard' P.O. Box 369' Wylie, TX 75098' 972-442-5515' fax 972-442-4318
Farmersville/Princeton Office' 101 S. Main' P.O. Box 512' Farrnersville, TX 75442. 972-784-6397 . fax 972-782-7023
Legal Notices
Class
Legal Notices
check, or acceptable bid-
der's bond with their pro-
posal as a guarantee that
the Bidder will enter into a
contract for the project
with the Owner within fif-
teen (15) days of Nbtice of
Award of the contract.
The security must be
payable to the North Texas
Municipal Water District
in the amount of five per-
cent (5%) of the bid sub-
mitted. Contractor must
execute the contract,
bonds and certificates of
insurance on the forms
provided in the Contract
Documents.
Contractors for this
Project must pay no less
than the prevailing wage
rates for the area as deter-
mined in accordance with
statutory requirements.
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 furnish-
ing materials.
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 formal-
ities. Bids may not be
withdrawn within sixty
(60) days from date on
which bids are opened.
NORTH TEX1\S .
Legal Notices
DISTRICT
ANNUAL DIESEL AND
UNLEADED
GASOLINE
Sealed bids addressed to
the Attention of the
Director of Finance of the
North Texas Municipal
Water District, Wylie,
Texas will be received at
the Administrative Office
of the North Texas
Municipal Water District,
505 E. Brown Street,
Wylie, Texas 75098 until
2:00 PM local time,
Thursday, September 22,
2005 and then opened and
read, for an annual agree-
ment for diesel and
unleaded gasoline. Bid
documents may be
obtained from the North
Texas Municipal Water
District at 505 E. Brown
Street, Wylie, Texas
75098.
NORTH TEXAS
MUNICIPAL WATER
DISTRICT
By Jerry Yancy
President,
Board of Directors
15-3t-235-41 li
NOTICE OF SALE
PUBLIC LAND AND
IMPROVEMENTS
OWNED BY THE
CITY OF SACHSE,
TEXAS
The City of Sachse is
offering to the public at
fair market value the fol-
lowing properties in
accordance with Texas
Local Government Code,
Section 272.001 pertain-
ing to sell of real property:
Legal Notices
The City of Wylie is solic-
iting competitive bids for
an annual contract to pro-
vide mowing services for
City median's and right-of-
way. Sealed bids will be
accepted at the Wylie
Municipal Complex,
Office of the Purchasing
Agent, 2000 North
Highway 78, Wylie, Texas
until 2:00 p.m. September
21,2005 at which time and
place all duly received bids
will be publicly opened. A
mandatory pre-bid confer-
ence will be held
September 14. The City
reserves the right to reject
any or all bids and to
accept the bid the provides
the best value for the City.
16-2t-339-3lli
NOTICE OF PUBLI
HEARING
CITY OF WYLIE
To consider changes to
Chapter 78-Parks and
Recreation of the City of
Wylie Code of Ordinances.
The Wylie park~ and
Recreation Boari I1'lold
a Public H .; 'ton
Monday, Septe 12 at
6:30 p.m. in the City
Council Chambers
Conference Room at the
Municipal Complex, 2000
State Highway 78 North,
Wylie, Texas. The purpose
of this hearing is to consid-
er changes to Chapter 78-
Parks and Recreation of
the City of Wylie Code of
Ordinances.
Chapter 78-Parks and
Recreation of the City of
Wylie Code of Ordinanc~
is used to administer var-~
Legal Notices
ious parks and recreation
facilities located within the
City of Wylie.
All citizens or interested
parties who wish to com-
ment concerning this
request may speak during
the Public Hearing. The
proposed changes to
Chapter 78-Parks and
Recreation of the City of
Wylie Code of Ordinances
are available for viewing
in the City Secretary's
Office, 2000 State
Highway 78 North, Wylie,
Texas.
Mike Sferra
City of Wylie Public
Services Director
15-lt-339-5 li
At the Regular Meeting of
August 30, 2005, the
Wylie City Council passed
and approved one (1) ordi-
nance.
ORDINANCE
NO, 2005-39
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS FINDING,
AFTER REASONABLE
NOTICE, THAT CER-
TAIN RATE CASE
EXPENSES OF COSERV
GAS LTD. ARE REA-
SONABLE; PROVIDING
FOR RECOVERY OF
RATE CASE EXPENSES;
PROVIDING FOR
REPEAL. OF CONFLICT-
ING ORDINANCES.
John Mondy, Mayor
ATTEST:
Carole Ehrlich,
City Secretary
16-lt-339-29 Ii
I