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<br />DRAFT <br /> <br />F:A TTORNEY\ORDWORK\CURRENT\ A TMOS - Model Ordinance Denying GRIP <br />October 17,2005 <br /> <br />ORDINANCE NO. <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, <br />PARIS, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY <br />CORP., MID- TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY <br />INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THE <br />CITY OF PARIS, AS A PART OF THE COMPANY'S STATEWIDE GAS <br />UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION <br />WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID- <br />TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE A TMOS <br />CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO <br />HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE <br />WITH THE CO MP ANY AND DIRECT ANY NECESSARY LITI G A TI ON; <br />AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL <br />OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; <br />PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT <br />OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING <br />AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC <br />AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS <br />ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION; <br />MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE <br />SUBJECT; AND DECLARING AN EFFECTIVE DATE. <br /> <br />WHEREAS, on or about September 17, 2005, Atmos Energy Corp., Mid-Tex Division, <br />(the "Company") filed with the City of Paris ("City"), a request for an annual gas reliability <br />infrastructure program (GRIP) rate increase for customers on the Company's statewide gas <br />utility system to be effective November 19,2005; and <br /> <br />WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's <br />request as it pertains to the distribution facilities located within the City, pursuant to Texas <br />Utilities Code §§ 102.001(b) and 103.001; and <br /> <br />WHEREAS, it is reasonable for the City of Paris to cooperate with other cities in a <br />coalition of cities in opposition to the Company's filing at the Railroad Commission <br />("Commission"), said coalition being known as Atmos Cities Steering Committee ("ACSC"), in <br />any appeal of the cities' actions to the Commission; and <br /> <br />WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right <br />to intervene in rate proceedings filed at the Railroad Commission; and <br /> <br />WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by the City <br />in ratemaking activities are to be reimbursed by the regulated utility; and <br /> <br />T <br /> <br />I <br />