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02-28 - O:7 ORDINANCE NO. J ��Q s i 11 AN ORDINANCE OF THE CITY OF � , TEXAS FINDING, N AFTER REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY SHOULD w BE CHANGED; DETERMINING JUST AND REASONABLE RATES; o ADOPTING GENERAL SERVICE RATES INCLUDING RATE -- ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE -- CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL N CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of 5 M ("City"), acting as a regulatory authority, has previously suspended the effective date of TXU Gas Distribution's ("Company") application to increase rates in the City in order to study the reasonableness of that application; WHEREAS, the City or a consultant retained by the City evaluated the merits of the Company's application; WHEREAS, the City in a reasonably noticed public hearing considered the Company's application; WHEREAS, the City has determined that the Company's rates within the City should be changed and that the Company's application should be granted, in part, and denied, in part; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF S C-k , TEXAS: SECTION 1. On March 1, 2002, TXU Gas Distribution, a division of TXU Gas Company ("Company") filed with the Governing Body of this municipality a Statement of Intent to Change Residential, Commercial and Industrial Rates charged to consumers within this municipality. Also filed was the Tariff for Gas Service in the North Texas Metroplex Distribution System ("Tariff for Gas Service") and the supporting Cost of Service Schedules ("Schedules"). SECTION 2. That the existing rates and charges of TXU Gas Distribution are hereby found, after reasonable notice and hearing, to be unreasonable and shall be changed as hereinafter ordered. The changed rates resulting from this Ordinance are hereby determined to be just and reasonable rates to be observed and in force within the City. SECTION 3. The Company has agreed to modify the rates proposed in its Statement of Intent and the modified rates are reflected in the revised Tariff for Gas Service attached hereto as Exhibit A. 052131.31143 SECTION 4. The maximum general service rates for sales and transportation of natural gas rendered to residential, commercial and industrial consumers within the city limits of Texas by TXU Gas Distribution, a division of TXU Gas Company, a Texas corporation, its successors and assigns, are hereby fixed and approved as set forth in the revised Tariff for Gas Service attached hereto as Exhibit A. The rates reflected in the attached Rate Schedules entitled Residential Service, Commercial Service, Industrial Sales, Industrial Transportation and Industrial Sales & Transportation are found to be reasonable. Nothing contained herein shall limit the right of industrial and transportation customers with competitive options to negotiate rates with the Company that differ from approved tariffs. SECTION 5. All electric generation customers are included as Industrial Transportation customers under the applicable transportation rate schedule. SECTION 6. The Rate Adjustment and Surcharge Provisions set forth in the revised Tariff for Gas Service attached hereto as Exhibit A and entitled Gas Cost Adjustment, and Tax Adjustment, are approved. SECTION 7. The 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. Such miscellaneous service charges are identified in Rate Schedules 9001 through 9008 of the attached revised Tariff for Gas Service. SECTION 8. Cities' rate case expenses are found to be reasonable and shall be reimbursed by the Company. The Company is authorized to recover the rate case expenses reimbursed to Cities and the Company's rate case expenses through a per Mcf surcharge as set forth in the Rider entitled Surcharges in the attached revised Tariff for Gas Service. SECTION 9. The aforesaid rate schedules and riders herein approved shall be effective for bills rendered on or after approval of this Ordinance. SECTION 10. The rates set forth in this Ordinance may be changed and amended by either the City or Company in any other manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file with the City. SECTION 11. Unless otherwise noted herein, other than TXU Gas Distribution (a named party), no person or entity has been admitted as a party to this rate proceeding. SECTION 12. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. SECTION 13. This Ordinance shall be served on TXU Gas Distribution by U.S. Mail to the Company's authorized representative, Autry Warren, Rates Manager, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3411. O5213 0114 SECTION 14. Nothing contained in this Ordinance shall be construed now or hereafter in limiting or modifying, in any manner, the right and power of the City under law to regulate the rates and charges of TXU Gas Distribution. SECTION 15. All ordinances, resolutions, or parts thereof, in conflict with this Ordinance are repealed to the extent of such conflict. Examples of such ordinances or resolutions that are deemed repealed are all ordinances or resolutions concerning Military Rates- N, Cost of Service Adjustments, Plant Investment Cost Adjustments, and Weather Normalization Adjustments. To the extent Public Authority Rates, Commercial Contract Rates or Military Rates-N are in effect in the city those rates are specifically repealed as they are now a part of the Commercial rates and are calculated in accordance with the revenue requirement for Commercial customers. SECTION 16. The rate schedules included in the Tariff for Gas Service supercede and replace all other tariffed services provided by TXU Gas Distribution except as expressly contained within the Tariff for Gas Service. PASSED AND APPROVED, this the q#-day of Qt&T , 2002. ATTEST: APPROVED: �l7 05213 01145 City of Prosper P.O. Box 307 Prosper, TX 75078 DENTAL OR USE OF THE pNr PpnV StON HEREIN WHICN RE6fiiAClb THE EAL PROPEPn E RACE IS WVALIp pplD DESCRIBED RBECAUSE OF COLOR UNEuFORCEABLE (THE STATE OF TEW) FILED in Fl UNDERFEDERALt1W (COUNTY OF CO�LINI I he eoy Ceniy th2g thts mfUunnnl r'u� ul Numbs Sethe Otlicial Puhlic sames on the date and " tlrtro pan,ped halo^ DY �'� �n4'"u duly RECORDED, In Records of Real FTOWY CI Collin County. Texas on ,IUL � 8 2002 I-iled fo-r (record in: Collin COLU.Ity, McKinney 'iX Honorable Helen Starnes Collirn County Clerk On Jul i8 2002 At 10:35am Uac/Muni : 2002- 0101648 Recording; ±ype:OR 15.00 Receipt #: 25413 PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF COLLIN Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes and says that he is the Publisher of The McKinney Courier -Gazette and that said newspaper meets the requirements of Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit: It devotes not less than twenty-five percent (25%) of its total / 00 column lineage to general interest items; Printer's Fee $ O No -417 2. it is published at least once each week; 3. it is entered as second-class postal matter in the county where it is published; 4. it has been published regularly and continuously since 1897; and 5. it is generally circulated within Collin County. Publisher further deposes and says that the attached notice was published in said news aper on the following da (s) to wit. AD 2002 SUBSCRIBBED AND SWORN BEFORE ME by James E. Moser, who , V a) is personally know to me, or b) provided the following evidence to establish his identity, on this the 1 j day, of C�k&, A.D. 2002 rr- to certify which witness my halld an seal of office. Judy A. Kelley i *1 Notary Public, State of Texas i �) �Y Commission Expires APRIL 17, 2004 Public, State ofUexas VVWwy {, Twallup Auto Mobile Detailing Time is valuable, w m to you. Eric and to Anderson, Exp ienc Detailer. 972-814-868 Auto Repair Are You Looking For Me? I'm at 216 Carver. McK. I can save you money ,I have no overhead. *brakes -tuneups• minor -AC • car repairs Willie Sims 972-548-1910 house. v son v� Rates - • , �• • _ _ Etlerg d & Dep able Computers 25+ Years Service. Free II nna or H Estimates. 972-542-2829. 42 5965 AL's PC REPAIR SHOP Furniture Refinish iall 01 (not long 503 N. Kentucky St., from McKinne Suite a Y) 972-542-8217 ADVERTISE YOUR 'We Make House Calls" BUSINESS MasterCard or Visa SERVICES WITH US. If we don't have a heading for you Call 542-2631 we'll make one! Call 972-642-2631 0to place your adrim or Place ad online! I wmv unM, DAVID R Building & P. All types • I • Electrical • M1 or too small. 9 Mar can 542 to place Cedsa sif l�-i Monday All Legal Notices Legal Notices To be published in the including the termination McKinney Courier -Gazette on o parent -child relationship Wednesday, July 17, 2002, and the appointment of a conservator with authority to LEGAL NOTICE consent to the childrens adoption TOWN OF Issued and given under my PROSPER, TEXAS hand and seal of said court at ORDINANCE NO.02-28 McKinney, Texas, this the 10th day of July, 2002. An Ordinance of the City of Prosper, Texas finding after reasonable notice and hearing, that TXU Gas distribution's rates and charges within the City should be changed; determining just and reasonable rates; adopting general service rates Including rate adjustment provisions and miscellaneous service charges to be charged for saies and transportation of natural gas to residential, commercial and industrial customers; providing for recovery of rate case expenses; preserving regulatory rights of the City; providing for repeal of conflicting ordinances; trig for an effeZzette To be publishee McKinney Courier-n Wednesday, July 17, 2002 LEGAL NOTICE TOWN OF PROSPER,TEXAS RESOLUTION 02-23 A Resolution of the City Council of the Town of Prosper hereinafter referred to as HANNAH KUNKLE, Clerk of the District Courts of Collin County, Texas By: TERRYE EVANS, Deputy To be published in the McKinney Courier -Gazette on Wednesday, July 17, 2002 LEGAL NOTICE TOWN OF PROSPER ORDINANCE NO. 02-24 An Ordinance of the Town of Prosper, directing its planning Department to prepare a Sersvice Plan for the Approximate 44.25 Acres of land more or less out of the Collin County School Land Survey, Abstract No. 147 and being more generally described as Bounded by U.S. 289 (Preston Road), Collin County Road No. 78 and Collin County Road No. 77 Collin County, Texas proposed by Thomas Clark to be Voluntarily Annexed; Service plan to be in accordance with Section 43.056, TEXAS LOCAL GOVERNMENT CODE, VA.T.S.; Service plan to be Legal Notices Legal Notices Pew To be published in the McKinney Courier -Gazette on Wednesday, July 17, 2002 LEGAL NOTICE Town of Prosper, Texas Ordinance No. 02-11 An Ordinance setting a Date, Time and Place for Two Public Hearings on the proposed Clark Annexation of approximately 44.25 acres of land more or less out of the Collin County School Land Survey, Abstract No. 147 and being more generally described as bounded by U.S. 289 (Preston Road), Collin County Road No. 78 and Collin -County Road 77 Eolfin <;eunty, Texas. TX 75069. A brief statement of the nature of this suit is as follows, to wit: THIS LAWSUIT IS FOR PERSONAL INJURIES ARISING OUT OF AN AUTOMOBILE COLLISION. The officer executing this writ shall promptly serve the same according to requirements of law, and mandates thereof, and make due return as the law directs. Issued and given under my hand and seal of said Court in McKinney, Texas, on July 9, 2002. Hannah Kunkle, District Clerk, Collin County, Texas Courthouse, McKinney, Texas 75069 By: LaRonna Peeples, Deputy To be published in the To be published in the McKinney Courier -Gazette on McKinney Courier -Gazette on Wednesday, July 17, 2002 Wednesday, July 17, 2002. LEGAL NOTICE TOWN OF PROSPER, TEXAS ORDINANCE NO.02-27 An Ordinance of the Town of Prosper, Texas establishing the maximum speed limit of twenty (20) miles per hour for the Streets located within the Highland Meadows Subdivision, Prosper, Collin County, Texas; Providing for notifications of the maximum speed limit by the installation of Signs and Markers to regulate vehicular speed on LEGAL NOTICE THE STATE OF TEXAS To: THE KNOWN HEIRS OF HOWARD MARK HASTINGS, DECEASED AND THE UNKNOWN HEIRS WHOSE ADDRESSES CANNOT BE ASCERTAINED You and each of you are hereby cited, required and commanded to appear before the County Court of COLLIN County, Texas in the University Drive Courts Facility of said 3701 YOL ADVERTI; STAND Your classified representative you make su noticed! Ju,, "Bold Won 542-2631, Special t CLASS, 'ADVER1 Publicatio lisher exerci edit or rej, iply with pu lit policies Errors and C. irrection of e wspaper may y day durii urs prior to d I be correc owing dal 3dlines at Jay; Monday 0 p.m. on Fric Error Respc McKinne zette does r resoonsibili