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HomeMy WebLinkAboutResolution - 2003-R0519 - Suspension Of Rate Change By Atmos Energy Corporation - 11/17/2003Resolution No. 2003-RO519 November 17, 2003 Item No. 18A RESOLUTION AND ORDER WHEREAS, a Statement of Intent to increase rates within the City of Lubbock effective November 26, 2003, was filed on October 21, 2003, with the City Secretary of the City of Lubbock by Atmos Energy Corporation; and WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law, is required by law (Section 104.105, Paragraph (b), Utilities Code) to hold a public hearing to inquire into the reasonableness of such proposed gas rate change as a result of such request being a major change as defined by law (Sec. 104.101, Utilities Code); and WHEREAS, the City Council has authority under provisions of law (Section 104.107, Utilities Code) to suspend implementation of such changed rate for up to ninety (90) days pending hearing and decision on such proposed rate change; and WHEREAS, the City Council of the City of Lubbock hereby upon its own motion suspends the implementation of such changed rate for up to 90 days and orders that a public hearing be held to inquire into the reasonableness of such proposed gas rate change; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock, sitting as a regulatory authority under authority of Chapter 104 of the Utilities Code, hereby suspends the effective date of the proposed rate change indicated in the Statement of Intent to increase rates filed with the City Manager by Atmos Energy Corporation, for a period not to exceed ninety (90) days from the date when such rate change would otherwise have been effective in order for the City of Lubbock to study the rate request and determine its necessity; and SECTION 2. THAT since a complaint from an affected person has been received, the City Council of the City of Lubbock, in accordance with mandatory requirements of Section 104.105 of the Utilities Code hereby orders and directs that a public hearing upon said proposed rate change by Atmos Energy Corporation be held in the City Council Chambers of the Lubbock Municipal Building, 1625 131h Street, at 11:00 A. M. on the 12th day of February, 2004, to determine the reasonableness of such proposed rate increase. The City Manager of the City of Lubbock is hereby authorized and directed to give Atmos Energy Corporation immediate written notice of the suspension of such rate increase for 90 days and of said hearing by serving a copy of this Resolution and Order upon them at its business office located in the City of Lubbock. RESOLVED AND ORDERED by the City Council this 17thday of November , 2003. ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: f Quincy Whit4xssistant City Manager APPROVED AS TO FORM: cJ Anita E. Burgess, City Attorney Ddres/AtmosRates03.res November 13, 2003