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<br />customer growth; (d) information supplied by the Company indicated that the Company actually <br />decreased its per-customer investment in infrastructure in calendar year 2003; (e) approval of the <br />Company's GRIP request would result in over-earning by the Company in the year of <br />implementation; and (f) the Company has failed to demonstrate that it meets the statutory <br />prerequisites to qualifY for a GRIP rate increase or that its proposed method of implementation of <br />the GRIP statute constitutes a constitutional application of the statute. <br /> <br />Section 3. That the City is authorized to cooperate with other Cities within the <br />Company's Distribution System that have formed ACSC to hire and direct legal counsel and <br />consultants, negotiate with the Company, make recommendations to the City regarding <br />reasonable rates and to direct any necessary litigation associated with an appeal of this ordinance <br />to the Commission. <br /> <br />Section 4. That the costs incurred by ACSC in reviewing the Company's GRIP request <br />and representing ACSC in this proceeding are hereby found to be reasonable and, upon <br />submission to the Company, shall be promptly reimbursed by the Company. <br /> <br />Section 5. That the City is authorized to intervene in any appeal of the city's action filed <br />at the Commission, and to participate in any such appeal as a member of ACSC. <br /> <br />Section 6. That this Ordinance shall become effective immediately from and after its <br />passage, as the law and charter in such cases provide. <br /> <br />Section 7. That it is hereby officially found and determined that the meeting at which <br />this Ordinance is passed is open to the public as required by law and that public notice of the <br />time, place and purpose of said meeting was given as required. <br /> <br />Section 8. That a copy of this ordinance, constituting final action on the Company's <br />application, shall be forwarded to the appropriate designated representative of the Company <br />within 10 days as follows: Richard Reis, Manager, Gas Regulation, Atmos Energy Corp., Mid- <br />Tex Division, Lincoln Center II, 18th Floor, 5420 LBJ Freeway, Dallas, Texas, 75240. <br /> <br />DULY PASSED AND APPROVED by the City Council of the City of Paris, Texas, on <br />this the 11 th day of July, 2005. <br /> <br />ATTEST: <br /> <br /> <br /> <br /> <br />1668\12\Ordinance <br /> <br />3 <br />