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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF ~ TEXAS: <br /> <br /> SECTION 1. The Company's Statement of Intent to change gas rates within the City, as <br />part of the Company's statewide gas utility system, is found to be unreasonable because: (a) <br />TXU's requested return on equity is excessive, generating more than 86% of the requested <br />increase in rates; (b) the basis for TXU's proposed consolidations (of regional distribution <br />systems and of pipeline costs with distribution costs) has not been established; (c) the City's <br />jurisdiction to increase pipeline rates has not been established and, therefore, the proposed <br />pipeline cost increases should be disallowed; (d) revenue requirements should be reduced rather <br />than increased; and (e) the TXU filing should be denied pursuant to agreement with the <br />Company; and is therefore denied in all respects. <br /> <br /> SECTION 2. The costs incurred by the City in reviewing the Company's application be <br />promptly reimbursed by the Company. <br /> <br /> SECTION 3. This Ordinance shall become effective immediately from and after its <br />passage, as the law and charter in such cases provide. <br /> <br /> SECTION 4. 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 5. A copy of this ordinance, constituting final action on the Company's <br />application, be forwarded to the appropriate designated representative of the Company within 10 <br />days as follows: Autry L. Warren, Director Gas Regulatory, TXU Business Services, 1601 <br />Bryan Street, Dallas, Texas 75201-3402. <br /> <br /> DULY PASSED and approved by the City Council of the City of , Texas, <br />on this the __. day of _, 2003. <br /> <br /> APPROVED: <br /> <br /> ATTEST: <br /> <br />APPROVED AS TO FORM: <br /> <br /> City Attorney <br /> <br /> 1668\09~9400~mmoO30703gmg <br /> <br /> <br />