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• Requires Atmos to reimburse ACSC for more than $500,000 paid to litigate GRIP <br />surcharge cases <br />• Protects ACSC members and their citizens from the remote possibility that a litigated <br />outcome or settlement with other parties produces a result more favorable than the <br />ordinance passed by ACSC members by including a Most Favored Nations provision in <br />the Settlement Agreement. <br />Exalanation of "Be It Ordained" Paraeraphs: <br />1. This paragraph approves all findings in the ordinance. <br />2. This section adopts the Settlement Agreement in all respects and finds it to be <br />just, reasonable and in the public interest. <br />3. This section adopts the attached Tariffs in all respects and finds the rates set <br />pursuant to the attached Tariffs to be just, reasonable and in the public interest. Note that only <br />new tariffs or existing tariffs that are being revised are attached to the Ordinance. Existing tariffs <br />that are not being changed in any way are not attached to the Ordinance. <br />4. This section repeals any resolution or ordinance that is inconsistent with this <br />Ordinance. <br />5. This section finds that the meeting was conducted in compliance with the Texas <br />Open Meetings Act, Texas Government Code, Chapter 551. <br />6. This section is a savings clause, which provides that if any section(s) is later <br />found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the <br />remaining provisions of this Ordinance. This section further directs that the remaining <br />provisions of the Ordinance are to be interpreted as if the offending section or clause never <br />existed. <br />7. This section is a"Most Favored Nations" clause, which protects the City by <br />mandating that if a Final Order or subsequent settlement agreement approved in any proceeding <br />addressing the issues raised in Atmos' Statement of Intent filing result in rates, revenues, terms <br />and conditions, or benefits that would be more beneficial to the ACSC Cities than the terms of <br />this Settlement Agreement, the City may, at its option, implement and benefit from such more <br />favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC <br />Cities. However, the section makes it clear that application of the Most Favored Nations <br />provision does not affect the approval of the Rider RRM, Rider CEE, Rider GCR and the Rider <br />WNA, which shall continue according to their terms. <br />8. This section provides for an effective date upon passage. <br />Atmos Rate Ordinance Staff Report 3 <br />