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ORDINANCE <br /> <br /> AN ORDINANCE OF THE CITY OF ., TEXAS, DENYING <br /> TXU GAS COMPANY'S REQUEST TO CHANGE RATES IN THIS <br /> MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWlDE GAS <br /> UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT <br /> REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING <br /> THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS <br /> OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING <br /> FOR NOTICE OF THIS ORDINANCE TO TXU GAS COMPANY <br /> <br /> WHEREAS, on or about May 23, 2003, TXU Gas Company (the "Company") filed with <br />the City of ("City"), a Statement of Intent to change gas rates in all municipalities <br />within the Company's statewide gas utility system effective June 27, 2003; <br /> <br /> WHEREAS, the City has previously extended the effective date of the Company's rate <br />filing; <br /> <br /> WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's <br />Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to <br />Texas Utilities Code §§ 102.001(b) and 103.001; <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; <br /> <br /> WHEREAS, the City is participating with a coalition of over 120 other Cities in <br />opposition to the Company's filing at the Railroad Commission, said coalition being known as <br />Allied Coalition of Cities ("ACC"), in GUD No. 9400 pending at the Commission; <br /> <br /> WHEREAS, ACC and the Company have reached a procedural agreement regarding the <br />schedule for processing GUD No. 9400 that includes TXU's concession to allow one hundred <br />fifteen (115) additional days to process the rate case and ACC's commitment that member Cities <br />expedite the process of getting city action appealed to the Commission; <br /> <br /> WHEREAS, ACC and TXU jointly endorse the City's denial of the Company's rate <br />application pending before the City; <br /> <br /> WHEREAS, counsel for ACC, upon review of the Company's filing and upon <br />consultation with various consultants, recommends findings that the Company's proposal is <br />unjustified and unreasonable; and <br /> <br /> <br />