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06-17-03-Ordinance-Denying TXU Gas Rate Change-06/02/2003ORDINANCE NO. 06-17-03 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, DENYING TXU GAS COMPANY'S REQUEST TO CHANGE RATES IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; PROVIDING AN EFFECTIVE DATE; 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 TXU GAS COMPANY. WHEREAS, on or about May 23, 2003, TXU Gas Company (the "Company"} filed with the City of Sanger ("City"), a Statement of Intent to change gas rates in all municipalities within the Company's statewide gas utility system effective June 27, 2003; 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 Texas Utilities Code § 103.022 provides that costs incurred by the City in ratemaking activities are to be reimbursed by the regulated utility; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. The Company's Statement of Intent to change gas rates within the City, as part of the Company's statewide gas utility system, be denied in all respects. SECTION 2. The costs incurred by the City in reviewing the Company's application be promptly reimbursed by the Company. SECTION 3. This Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. SECTION 4. 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 5. A copy of this ordinance, constituting final action on the Company's application be forwarded to the appropriate designated representative of the Company within 10 days as follows: Autry L. Warren, Director Gas Regulatory, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3402. DULY PASSED and approved by the City Council of the City of Sanger, Texas, on this the day of , 2003. APPROVED: APPROVED AS TO FORM: CITY ATTORNEYV