City Council

Oscar Leeser

Peter Svarzbein, District 1

Mayor

Larry Romero, District 2

 

Emma Acosta, District 3

 

Carl L. Robinson, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz, District 6

 

Lily Limón, District 7

 

Cortney Carlisle Niland, District 8

 

SPECIAL WORK SESSION MEETING OF THE CITY COUNCIL MEETING MINUTES

MAIN CONFERENCE ROOM

August 3, 2015

 

The City Council met at the above place and date.  Meeting was called to order at 9:11 a.m.  Mayor Oscar Leeser present and presiding and the following Council Members answered roll call:  Peter Svarzbein, Larry Romero, Emma Acosta, Carl Robinson, Michiel Noe, Claudia Ordaz, and Lilia Limon.  Cortney Niland requested to be excused.

 

AGENDA

1.

Presentation of the Regional Strategic Plan by Borderplex Economic Alliance.

 

Mr. Rolando Pablos, CEO, Borderplex Economic Alliance, gave a PowerPoint presentation on file with City Clerk’s Office.

 

Mr. Cary Westin, Director of Economic and International Development, gave a PowerPoint presentation on file with City Clerk’s Office.

 

Mayor Leeser commented on the City’s economic development efforts of successes and strategies, as well as cooperation from the State of Texas.

 

Representative Acosta commented on the Bloomberg article regarding an exodus of people from El Paso.  She would like to know how Bloomberg came up with the percentage of people leaving.

 

Mayor Leeser commented on the effect of people moving back to Juarez from El Paso as Juarez has become safer.

 

Mr. Pablos stated, “Borderplex ignores all the lists, good and bad.”  They know the community and they know what needs to be done to make it more economically vibrant so as to arrest and reverse the brain drain.

 

Mr. Westin stated, “Dr. Tom Fullerton, UTEP Economist, gave some context for the Bloomberg report.  The trend he is seeing for the migration is that the inflow of population is increasing.”  Mr. Westin will forward to Council a number of graphs pertaining to this.

 

Representative Acosta believes Mr. Pablos should not be ignoring national lists.  Rather, we should be challenging the data and publicizing it.  This is too important to us and has a negative impact nationally.  She intends to contact Mr. Camacho at the
Federal Reserve Bank.

 

Representative Acosta commented on educational attainment, thousands of graduates from UTEP, NMSU, and EPCC.  We need to communicate that to companies who are recruiting.  We do have a skilled workforce that could attract national companies.  Promote our weather as an asset.  She questioned the SWAT analysis threads and the mention of corruption and violence.  This is sending the wrong message, as is the mention of difference of opinions among the local governmental entities.  She would like Mr. Pablos to remove these from the Borderplex website.

 

Representative Noe commented, “We’re the safest City of our size in the U.S. What do we do to improve graduation rates from high school?  What do we do to encourage those who do graduate to continue on to college?”

 

Mr. Pablos commented the best model is the pre-kindergarten program in San Antonio developed by Mayor Castro.  30% of our workforce does not have a high school degree.  SWAT analysis embraces the whole region, not just City of El Paso.

 

Representative Acosta stated, “If Mr. Pablos is citing low wages in Juarez that needs to be identified as low wages in Mexico, but not El Paso.”  She would like Mr. Pablos to focus on the positives instead of showing 30% do not graduate, say 70% do.

 

Representative Noe stated “We need to aim for 90%.  Anyone can discern that 70% graduation rate is a weakness.  Weak public education is a real disincentive to relocate a family here.  We have to recognize that and address it.”

 

Mayor Leeser commented, “This report was prepared to identify what it is that we need to change to attract more economic development.  We can’t ignore what needs to be changed.”

 

Mayor Leeser stated, “We may not agree with some of the points in the report, but there are things that need to be addressed.”

 

Mr. Pablos stated, “Perception is reality.  These are snapshots of how people see us across the country.  We need to show that we have identified our weaknesses and we are taking measures to address them.  The first 10 minutes when Borderplex is promoting El Paso is spent on the defensive refuting the perception of violence and poor schools.  The national perception is negative of El Paso, particularly in Washington, D.C.”

 

Representative Noe questioned the opportunity for oil cited in the presentation.

 

Mr. Pablos replied, “That references opportunities for support services for the oil industry.”

 

Representative Noe would like to get specifics from Mr. Pablos as to how the City can work with Borderplex more than has been done already.

 

Mr. Pablos replied, “It is going to be very expensive for Borderplex to staff up.  We may ask City Representatives to serve on committees.”

 

Representative Robinson stated, “You fail to plan or you plan to fail.  We need to be realistic about what the report is saying because he hears the same things both inside and outside of El Paso.  There is a lot of distrust for public officials, even within El Paso.  In State of Texas, $150 billion comes from the military, over $200 billion comes from manufacturing.”

 

Representative Robinson is concerned about military realignment and its affect on El Paso’s economy.

 

Representative Robinson stated, “We need to help soldiers leaving the military to transition into non-military jobs and to translate their military skills so the employers here can see the person’s utility to the companies.”

 

Mr. Pablos replied, “Fort Bliss is a tremendous source of talent.  We need to retain here soldiers who are rolling out.”

 

Representative Robinson replied, “This is a good report.”

 

Mayor Leeser spoke of the purpose and importance of the Familiarization tours in introducing companies to El Paso and encouraging them to locate here.

 

Representative Robinson stated, “Somehow we need to get a message to State leaders not make false and alarming statements about El Paso.”

 

Representative Ordaz questioned Mr. Pablos on difficulties in gathering data.  Educational data can be used as an opportunity for change.  She would like to see some collaboration among entities to refine the educational and graduation data.

 

Mr. Pablos stated, “Borderplex is looking at targeted industries. We have a committee where educational entities and companies come together to discuss how the curriculum can be modified to address hiring needs, so the educational is job focused.”

 

Representative Ordaz would like to add a component in our economic development policy to focus on workforce training.

 

Mr. Westin commented, “Texas Enterprise fund and skill grants funds have been the key in securing.”

 

Mr. Pablo stated, “We are delivering the opportunity of a lifetime here.”  He feels extremely fortunate about the congestion Borderplex is getting in the region.  The Rockefeller Foundation is doing a fantastic job at identifying our regional jewels.

 

Mayor Leeser wants companies to invest in their talent through training of employees.

 

Representative Svarzbein stated, “The largest issue is collaboration and communication.”  Representative Svarzbein discussed elements of the SWAT analysis.  “In order for any place to be competitive it has to be authentic to itself.  We need to play on our interrelatedness with Juarez and Southern New Mexico.  We need to harvest human capital.  We need to be as efficient at moving people across the border as we are at moving goods.  We need to be an entrepreneur hub.”

 

Representative Svarzbein stated, “Juarez is the largest solar panel manufacturer in Latin America.”

 

Representative Romero asked “How is travel paid by Borderplex in visiting companies to recruit?”  He thanked Mr. Pablos for what he does.

 

Representative Acosta questioned Page 25 of Borderplex report, “How would you regionalize EPIA?”

 

Mr. Pablos stated, “Need to make EPIA a regional hub, maximize flights and connections.”

 

Representative Acosta commented, “Regional airports tend to be financed regionally not just by one entity, as ours is.”

 

Mr. Pablos stated, “We need to focus on air services, not just the name.  We need to focus on getting more air service into EPIA.”  He met with companies in New Jersey and every one of them asked him to do something about our limited air service.

 

Representative Acosta stated, “Our incentives offered to airlines have not been enough.”

 

Mr. Pablos stated, “We need to continue to work with airlines on pursuing non-stop service.”

 

Representative Acosta commented, “Bloomberg report, we may need a multi-agency task force to counter negative stories.”

 

Mr. Pablos stated, “Borderplex has been working on a national anti-defamation program, but we need to have the data.”

 

Representative Acosta stated, “We need to go back and challenge Bloomberg.  We need to engage the El Paso Catholic Diocese.”  She would like to see a lot of the SWAT analysis reworded and redone.

 

Representative Limón asked Mr. Pablos not to change anything in the SWAT analysis.  She would like Mr. Pablos to break down the most likely occupations that could work here so that we can develop an appropriate curriculum with the schools.

 

Representative Robinson stated, “It is what it is.”  He does not want Mr. Pablos to change the report.  He would challenge our media to do a better job of focusing on the good things that happen here.  Fort Bliss has the largest land space for training in the world.  We now have Air Force security training at Fort Bliss.

 

Mayor Leeser thanked Mr. Pablos and urged Council not to put this presentation on the shelf.

NO ACTION taken on this item.

 

 

2.

Discussion and action on Community Development Block Grant (CDBG) policies to include possible changes to CDBG Unprogrammed funds policy.

 

Ms. Veronica Soto, Director of Community and Human Development, gave a PowerPoint presentation on file with City Clerk’s Office.

 

Representative Robinson questioned Slide 10, Unprogrammed Funds – Projects.

 

Representative Robinson questioned Representative Romero on projects in his district.

 

Representative Robinson questioned the policy on switching funding for projects.

 

Mayor Leeser followed up on Representative Robinson’s question about changing funds for projects that are HUD mandated and need a formal amendment.

 

Public comment:

  1. Carol Bohle, Executive Director, El Paso Coalition for the Homeless, spoke of the importance of CDBG funding to non-profit services and federal and foundation grant matches.
  2. Kathy Cox, YWCA Transitional Living Center and President of El Paso Coalition for the Homeless, spoke of the importance of CDBG Funds as leverage and of the needs of the homeless community.
  3. Mr. John Martin, Paso Del Norte Center of Hope, spoke of the importance of CDBG funds to social services not just housing.
  4. Mr. Miguel Corona, International Aids Coalition.
  5. Mr. Dennis Wearmonth, retired teacher.

 

Representative Limón addressed whether or not to continue the targeting process after 2018.  She is concerned that there may be very little funding after 2018.  Equity is very important to her for each district of the City.

 

Representative Noe asked Ms. Soto to explain micro-enterprising.

 

Representative Romero asked, “Why are micro-enterprising projects the only ones that do not go through the competitive process?”

 

Ms. Soto replied, “It is a competitive process, but only one entity applied.”

 

Representative Noe asked for examples of 10% used downtown.  He asked how the commercial façade program is being funded currently.

 

Representative Svarzbein agrees it is important to maintain compliance.  He thinks that it would be fairer to exclude districts scheduled in a funding period.  They would  be excluded from consideration for unprogrammed funds for that same funding cycle.

 

Representative Acosta envisioned the 10% for downtown to be used for infrastructure improvements and façade improvements to make it more attractive for businesses to locate downtown.

 

Ms. Soto stated, “These funds are supposed to serve residents, not commercial enterprises.  Downtown more facilities have a City-wide catchment area.  Regional libraries can be funded, but not the Main library, as an example.  Partnerships with other government entities are possible.”

 

Representative Acosta commented on public service allocation. She believes we should continue to do that.  Regarding District 3 projects for unprogrammed funds policy, she would like to continue the targeting process to avoid going to smaller, less impactful projects. 

 

Representative Limón asked, “If spray parks now determined to be shovel ready projects, and how it has been decided where to place them?”

 

Ms. Soto replied, “Plan was presented to have spray parks in every district.”

 

Representative Limón asked, “Why was District 7 removed from the list of two projects?”

 

Ms. Soto replied, “No, I cannot answer that.”

 

Representative Robinson questioned unprogrammed  funds and funding for projects in his district.  He in no way wants to jeopardize any projects.  He would like to see 15% for public services to be left as it is. 

 

Representative Robinson questioned the micro-enterprise funding.  “How is this different from the HUB?

 

Mr. Westin replied, “HUB is much more holistic with mentor teams.  There is some value in targeted funding by districts.”

 

Representative Noe questioned the planning process for Districts 6 and 7.

 

Representative Svarzbein asked, “What are the CDBG downtown boundaries?”

 

Ms. Soto explained.

 

Representative Limón questioned downtown funding and the eligible area.

 

Ms. Sylvia Firth, City Attorney, explained that the Segundo Barrio residents asked not to be considered in the TIRZ.

 

Representative Limón asked, “Is the TIRZ used as the boundary?”  She asked more questions about the boundary area.  She asked about 10% public services work and could it be used for brick and mortar projects.

 

Representative Svarzbein asked, “Have there been any other projects competing for this funding?”

 

Ms. Soto replied, “Creative Kids applied for a very expensive project.”

 

1ST MOTION

Motion made by Representative Acosta, seconded by Representative Romero, and unanimously carried to CONTINUE target areas with the exception of the Chamizal and Lower Dyer.

 

2ND MOTION

Motion made by Representative Acosta, seconded by Representative Ordaz, and carried to DISCONTINUE 10% Downtown Project allocation after 2015-2016 and then those funds will go to the targeted areas scheduled.

 

AYES: Representatives Romero, Acosta, Robinson, Ordaz and Limón

NAYS: Representatives Svarzbein and Noe

ABSENT: Representative Niland

 

3rd MOTION

Motion made by Representative Acosta, seconded by Representative Limón, and unanimously carried to CONTINUE the local policy of awarding the maximum amount to public service activities.

 

4th MOTION

Motion made by Representative Acosta, seconded by Representative Ordaz, and unanimously carried to KEEP policy as it is for Unprogrammed funds.

 

AYES: Representatives Svarzbein, Romero, Acosta, Noe, and Ordaz

NAYS: Representatives Robinson and Limón

ABSENT: Representative Niland

 

EXECUTIVE SESSION

Motion made by Representative Romero, seconded by Mayor Pro Tempore Noe, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 1:25 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:

Section 551.071            CONSULTATION WITH ATTORNEY

Section 551.072            DELIBERATIONS REGARDING REAL PROPERTY

Section 551.073            DELIBERATION REGARDING PROSPECTIVE GIFTS

Section 551.074            PERSONNEL MATTERS

Section 551.076            DELIBERATION REGARDING SECURITY DEVICES

Section 551.087            DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS

Motion made by Representative Robinson, seconded by Representative Limón, and unanimously carried to adjourn the Executive Session at 1:39 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

 

 

EX1.

R E S O L U T I O N

WHEREAS, the City of El Paso, Texas (“City”), is a home rule municipality operating pursuant to its Charter and the laws of the State of Texas; and

WHEREAS, pursuant to Texas Utilities Code Section 103.001, the City of El Paso is a regulatory authority having  exclusive original jurisdiction over the rates, operations and services of a gas distribution utility in the City limits of the City of El Paso; and

WHEREAS, pursuant to a franchise granted on February 22, 2000, and assigned to ONE Gas, Inc. on December 18, 2013, and predecessor franchises Texas Gas Service Company (“Texas Gas” or “TGS”) a division of ONE Gas, Inc., an Oklahoma corporation, is a gas distribution utility operating within the City of El Paso, Texas;  and

WHEREAS, pursuant to the City Charter of the City of El Paso Section 1.4, the City of El Paso reserved onto itself  all authority to regulate and fix the reasonable rates to be charged by public utility corporations for gas distribution rates to consumers, subject to and in accordance with the laws of the State of Texas; and

WHEREAS, pursuant to Texas Utilities Code Sec. 104.003, the City as Regulatory Authority has an obligation to ensure that each rate a gas utility  demands or receives is just and reasonable; and

WHEREAS, the City and Texas Gas collaboratively developed the El Paso Area Rate Review Tariff (“EPARR”), which was approved and adopted by the City on March 25, 2014, as a substitute for the GRIP process;  and

WHEREAS, pursuant to the terms of the EPARR, Texas Gas filed on March 31, 2015, for a good cause exception to the terms of the EPARR and $11,970,041 annual increase   applicable to El Paso Service Area customers if the good cause request is granted, and a $10,127,033 annual increase to El Paso Service Area customers if the good cause exception is not granted; and

WHERAS, in the discussion of issues to arrive at the settlement, City Staff and Texas Gas representatives discussed issues regarding revisions to the original request including treatment and inclusion of pension and benefit expense, treatment of plant in service and accumulated deferred federal income tax, incentive compensation, property taxes, lockbox service, medical and dental costs, employee expense, and the treatment of Railroad Commission of Texas Rule 8.209 Regulatory Assets.  The City and Texas Gas ultimately agree that the issues related to those expenses are ultimately resolved as part of the agreed rates without a specific finding on any expense except as identified in this Resolution; and

WHEREAS, the City Council of the City of El Paso finds as a result of the negotiations that an overall revenue increase of $8,550,000 for the El Paso Service Area is a reasonable resolution of the Texas Gas Request, and provides Texas Gas a reasonable opportunity to earn a reasonable return on its Invested Capital used and useful in providing service to the public in the El Paso Service Area over and above its reasonable and necessary operating expenses, and

WHEREAS, as part of the negotiations and in partial consideration for  its acceptance of the rates approved herein, that the City and Texas Gas have agreed to negotiate with each other to determine whether amendments to the EPARR tariff for a filing based on a 2015 calendar year are appropriate, and

WHEREAS, Texas Gas has agreed as part of the negotiations, and in partial consideration for its acceptance of the rates approved herein, to develop a more transparent method of presenting its allocated labor, medical and dental, and other allocated expenses so that actual costs can be identified, and that it will provide functioning spreadsheet models so that the City can calculate a revenue requirement, and

WHEREAS, the tariffs attached to this Resolution as Exhibit “A”, including Rate Schedule 10, Rate Schedule 20, Rate Schedule 21, Rate Schedule 25, Rate Schedule 26, Rate Schedule 27, Rate Schedule 40, Rate Schedule S.S., and Rate Schedule T-1 are determined to be rates which provide Texas Gas with a reasonable opportunity to earn a reasonable return on its invested capital used and useful in providing service to the Public in the El Paso Service Area.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS, THAT

            1.         That the rate adjustments and tariffs presented in the “El Paso Annual Rate Review Filing” filed by Texas Gas Service Company, a division of ONE Gas, Inc., on March 31, 2015, are unreasonable and are therefore denied.

2.         That the tariffs attached hereto, including Rate Schedule 10, Rate Schedule 20, Rate Schedule 21, Rate Schedule 25, Rate Schedule 26, Rate Schedule 27, Rate Schedule 40, Rate Schedule S.S., and Rate Schedule T-1 are hereby approved effective for meters read on and after August 3, 2015.

3.         The EPARR Rate Increase effective August 3, 2015, is based on an El Paso Service Area Revenue Increase of $8,550,000.  This is a “black box” number.  No specific calculation getting to that amount shall be precedential in a future EPARR filing. 

4.         Texas Gas will reimburse the City’s rate case expenses for this 2015 EPARR filing and related matters as described below within 30 days of invoice from the City.  TGS’s reasonable outside expenses for this 2015 EPARR proceeding, the expenses reimbursed to the City as well as TGS’s reasonable expenses incurred in the negotiations in paragraph 6 below will be included for recovery in either the 2016 EPARR Filing or the subsequent 2016 rate filing.  No interest shall accumulate or accrue on these expenses.

5.         Effective for meters read on and after August 3, 2015 for rates to be charged to customers within the City of El Paso the customer charge for each class is as follows:

a.     Residential:  Customer Charge $ 16.73 (incl. 200 Ccf)

b.    Commercial/Commercial Air Conditioning Customer Charge $38.21 (incl. 100 Ccf)

c.     Industrial Customer Charge $576.75 (incl. 100 Ccf)

d.    Public Authority/ Public Authority Air Conditioning  $109.30 (incl. 100 Ccf)

e.     Municipal Water Pumping  Customer Charge $431.91

f.     Standby Customer Charge $617.74

g.    Transportation Commercial Customer Charge $767.98 (incl. 100 Ccf)

h.     Transportation Industrial Customer Charge $1,163.27(incl. 100 Ccf)

i.      Transportation Public Authority Customer Charge $806.38 (incl. 100 Ccf)

j.      Transportation CoGen Customer Charge $1,163.27

6.         The City Attorney and the City’s consultant are instructed to negotiate with representatives of Texas Gas Service to determine whether amendment of the EPARR tariff to capture the changed organization structure, and other appropriate changes are feasible and reasonable   The City Attorney and Texas Gas will report to City Council on any recommended changes for consideration by the City Council no later than October 27, 2015. 

7.             If the City Council does not accept and adopt recommended changes to the EPARR Tariff by October 31, 2015, Texas Gas has the option to notify the City in accordance with the EPARR tariff that the EPARR tariff is to be discontinued and file a Statement of Intent (Rate Case) within 180 days of January 1, 2016.  In partial consideration for the acceptance the rates approved herein, TGS agrees that if a rate case is filed, in 2016, it will file a rate case based on the El Paso Service Area for the environs (unincorporated areas of the El Paso Service Area) based on the same test year and either file the environs case simultaneously with the case filed at the City or will file so that any appeals can be consolidated with the environs case.

8.         Texas Gas has agreed as part of the negotiations, and in partial consideration for its acceptance of the rates approved herein, to develop a more transparent method of presenting its allocated labor, labor attends, medical and dental, and other allocated expenses so that actual costs can be identified, and that it will provide functioning spreadsheet models so that the City can calculate revenues and rates.

9.         TGS and City expenses referenced in Section 4 of the EPARR Resolution of July 27, 2014 are deemed recovered in the rates set above effective August 3, 2015.

10.        All Relief requested by Texas Gas and not addressed in this Resolution is Denied. 

11.        The City reserves all of its powers under the El Paso Municipal Code, and Texas Utilities Code Chapters 103 and 104 to set rates for Texas Gas Service Company within the City of El Paso.

Exhibit “A”

TEXAS GAS SERVICE COMPANY       

El Paso Service Area - West Texas Region                               RATE SCHEDULE 10

RESIDENTIAL SERVICE RATE

APPLICABILITY

Applicable to a residential customer in a single dwelling, or in a dwelling unit of a multiple dwelling or residential apartment, for domestic purposes, including any public housing project and including apartment houses where service for more than one dwelling unit is served through a master meter.  This rate is only available to full requirements customers of Texas Gas Service Company.

TERRITORY

The incorporated areas of El Paso, Texas.

COST OF SERVICE RATE

During each monthly billing period:

A customer charge per meter per month of                         $16.73 plus %u2011

All Ccf per monthly billing period @

The First         200 Ccf                                            No Charge

All Over          200 Ccf                                            $ .38103 per Ccf

Prompt Payment Provision:  None.  Above rates are net.

OTHER ADJUSTMENTS

Cost of Gas Component:  In addition to the Cost of Service set forth above, each customer's bill shall include an amount equal to the Cost of Gas for the billing month as determined in accordance with Rate Schedule No. 1-1-INC multiplied by the total Ccf consumed during the billing month.

       Taxes:  Plus applicable taxes and fees (including franchise fees) related to above.

CONDITIONS

1.     Subject in all respects to applicable laws, rules, and regulations from time to time in effect.

2.     The applicability section of this rate notwithstanding, if a customer, other than a full requirement customer, pays a standby charge pursuant to Rate Schedule S.S., Texas Gas Service Company will maintain facilities and supply capability to serve said customer.  If standby payments are current, the customer will qualify for this rate.

Supersedes Rate Schedule 10:                                  Meters Read On and After:

Dated July 29, 2014                                                          August 3, 2015

 

TEXAS GAS SERVICE COMPANY

El Paso Service Area - West Texas Region               RATE SCHEDULE 20

COMMERCIAL SERVICE RATE

APPLICABILITY

Applicable to all commercial consumers and to consumers not otherwise specifically provided for under any other rate schedule.  This rate is only available to full requirements customers of Texas Gas Service Company.

TERRITORY

The incorporated areas of El Paso, Texas.

COST OF SERVICE RATE

During each monthly billing period:

A customer charge per meter per month of                               $38.21 plus %u2011

All Ccf per monthly billing period @

  The First           100 Ccf                                                No Charge

  The Next           400 Ccf                                                      $ .10901 per Ccf

  The Next         2500 Ccf                                                         .08901 per Ccf

  All Over          3000 Ccf                                                         .06901 per Ccf

 

Prompt Payment Provision:  None.  Above rates are net.

OTHER ADJUSTMENTS

Cost of Gas Component:  In addition to the Cost of Service set forth above, each customer's bill shall include an amount equal to the Cost of Gas for the billing month as determined in accordance with Rate Schedule No. 1-1-INC multiplied by the total Ccf consumed during the billing month.

Taxes:  Plus applicable taxes and fees (including franchise fees) related to above.

CONDITIONS

1.     Subject in all respects to applicable laws, rules, and regulations from time to time in effect.

2.     The applicability section of this rate notwithstanding, if a customer, other than a full requirements customer, pays a standby charge pursuant to Rate Schedule S.S., Texas Gas Service Company will maintain facilities and supply capability to serve said customer.  If standby payments are current, the customer will qualify for this rate.

Supersedes Rate Schedule 20 :                                 Meters Read On and After:

Dated   July 29, 2014                                                August 3, 2015

 

TEXAS GAS SERVICE COMPANY

El Paso Service Area - West Texas Region               RATE SCHEDULE 21

COMMERCIAL AIR CONDITIONING SERVICE RATE

APPLICABILITY

Applicable to all commercial consumers who have and regularly operate a gas fired air conditioning system.

TERRITORY

The incorporated areas of El Paso, Texas.

COST OF SERVICE RATE

During each monthly billing period:

A customer charge per meter per month of                               $38.21 plus %u2011

All Ccf per monthly billing period @

Oct. - April          May - Sept.

        Winter                                  Summer                             

The First            100 Ccf         No Charge                                        No Charge

The Next            400 Ccf         $   .10901 per Ccf                 $    .08901 per Ccf

The Next          2500 Ccf              .08901 per Ccf                       .06901 per Ccf

All Over           3000 Ccf              .06901 per Ccf                       .04901 per Ccf

Prompt Payment Provision:  None.  Above rates are net.

OTHER ADJUSTMENTS

Cost of Gas Component:  In addition to the Cost of Service set forth above, each customer's bill shall include an amount equal to the Cost of Gas for the billing month as determined in accordance with Rate Schedule No. 1-1-INC multiplied by the total Ccf consumed during the billing month.

Taxes:  Plus applicable taxes and fees (including franchise fees) related to above.

CONDITIONS

1.     Subject in all respects to applicable laws, rules, and regulations from time to time in effect.

2.     Service under this schedule applies only to usage from a separately metered gas fired air conditioning system.  Non-air conditioning usage is subject to the cost of service rate on Rate Schedule No. 20.

3.     Air conditioning equipment must be inspected and verified as to capacity by qualified Company personnel.

Supersedes Rate Schedule 21:                                  Meters Read On and After:

Dated July 29, 2014                                                  August 3, 2015

TEXAS GAS SERVICE COMPANY

El Paso Service Area - West Texas Region           RATE SCHEDULE 25

PUBLIC AUTHORITY SERVICE RATE

APPLICABILITY

Applicable to all public and parochial schools and colleges, and to all facilities operated by Governmental agencies not specifically provided for in other rate schedules or special contracts.  This rate is only available to full requirements customers of Texas Gas Service Company.

TERRITORY

The incorporated areas of El Paso, Texas

COST OF SERVICE RATE

During each monthly billing period:

A customer charge per meter per month of                               $109.30 plus %u2011

All Ccf per monthly billing period @

  The First           100 Ccf                                               No Charge

  The Next           400 Ccf                                              $  .11409 per Ccf

  The Next         2500 Ccf                                                .09409 per Ccf

  All Over          3000 Ccf                                               .08409 per Ccf

Prompt Payment Provision:  None.  Above rates are net.

OTHER ADJUSTMENTS

Cost of Gas Component:  In addition to the Cost of Service set forth above, each customer's bill shall include an amount equal to the Cost of Gas for the billing month as determined in accordance with Rate Schedule No. 1-1-INC multiplied by the total Ccf consumed during the billing month.

Taxes:  Plus applicable taxes and fees (including franchise fees) related to above.

CONDITIONS

1.    Subject in all respects to applicable laws, rules and regulations from time to time in effect.

2.  The applicability section of this rate notwithstanding, if a customer, other than a full requirements customer, pays a standby charge pursuant to Rate Schedule S.S., Texas Gas Service Company will maintain facilities and supply capability to serve said customer.  If standby payments are current, the customer will qualify for this rate.

Supersedes Rate Schedule 25:                          Meters Read On and After:

Dated July 29, 2014                                                  August 3, 2015

 

TEXAS GAS SERVICE COMPANY

El Paso Service Area - West Texas Region               RATE SCHEDULE 26

PUBLIC AUTHORITY AIR CONDITIONING SERVICE RATE

APPLICABILITY

Applicable to all public and parochial schools and colleges, and to all facilities operated by Governmental agencies not specifically provided for in other rate schedules or special contracts who have and regularly operate a gas fired air conditioning system.

TERRITORY

The incorporated areas of El Paso, Texas

COST OF SERVICE RATE

 

During each monthly billing period:

A customer charge per meter per month of $109.30 plus %u2011

All Ccf per monthly billing period @

                                            Oct. - April                                       May - Sept.

                                            Winter                                       Summer                 

The First             100 Ccf            No Charge                               No Charge

The Next             400 Ccf            $    .11409 per Ccf             $    .08409 per Ccf

The Next           2500 Ccf                  .09409 per Ccf                   .06409 per Ccf

All Over            3000 Ccf                  .08409 per Ccf                   .05409 per Ccf

 

Prompt Payment Provision:  None.  Above rates are net.

OTHER ADJUSTMENTS

Cost of Gas Component:  In addition to the Cost of Service set forth above, each customer's bill shall include an amount equal to the Cost of Gas for the billing month as determined in accordance with Rate Schedule No. 1-1-INC multiplied by the total Ccf consumed during the billing month.

Taxes:  Plus applicable taxes and fees (including franchise fees) related to above.

CONDITIONS

1.     Subject in all respects to applicable laws, rules, and regulations from time to time in effect.

2.     Service under this schedule applies only to usage from a separately metered gas fired air conditioning system.  Non-air conditioning usage is subject to the cost of service rate on Rate Schedule No. 25.

3.     Air conditioning equipment must be inspected and verified as to capacity by qualified Company personnel.

Supersedes Rate Schedule 26:                                  Meters Read On and After:

Dated July 29, 2014                                                  August 3, 2015

 

TEXAS GAS SERVICE COMPANY

El Paso Service Area - West Texas Region                  RATE SCHEDULE 27

MUNICIPAL WATER PUMPING SERVICE RATE

APPLICABILITY

Applicable to gas used in internal combustion engines by various municipal agencies in El Paso County, Texas.  This rate is only available to full requirements customers of Texas Gas Service Company.

TERRITORY

The incorporated areas of El Paso, Texas

 

COST OF SERVICE RATE

During each monthly billing period:

A customer charge per meter per month of $431.91 plus %u2011

All Ccf per monthly billing period @

     The First       5000 Ccf                                      $    .06817 per Ccf

     All Over        5000 Ccf                                       .05817 per Ccf

Prompt Payment Provision:  None.  Above rates are net.

OTHER ADJUSTMENTS

Cost of Gas Component:  In addition to the Cost of Service set forth above, each customer's bill shall include an amount equal to the Cost of Gas for the billing month as determined in accordance with Rate Schedule No. 1-1-INC multiplied by the total Ccf consumed during the billing month.

Taxes:  Plus applicable taxes and fees (including franchise fees) related to above.

CONDITIONS

1.    Delivery of gas hereunder may be interrupted or curtailed at the discretion of the Company, in case of shortage or threatened shortage of gas supply from any cause whatsoever, to conserve gas for other consumers.

2.  The applicability section of this rate notwithstanding, if a customer, other than a full requirement customer, pays a standby charge pursuant to Rate Schedule S.S., Texas Gas Service Company will maintain facilities and supply capability to serve said customer.  If standby payments are current, the customer will qualify for this rate.

Supersedes Rate Schedule 27 :                                 Meters Read On and After:

Dated July 29, 2014                                                  August 3, 2015

TEXAS GAS SERVICE COMPANY                           

El Paso Service Area - West Texas Region               RATE SCHEDULE 40

INDUSTRIAL SERVICE RATE

APPLICABILITY

Applicable to industrial consumers and to consumers not otherwise specifically provided for under any other rate schedule.  This rate is only available to full requirements customers of Texas Gas Service Company.

TERRITORY

The incorporated areas of El Paso, Texas

COST OF SERVICE RATE

During each monthly billing period:

  A customer charge per meter per month of    $576.75 plus %u2011

    All Ccf per monthly billing period @

     The First          100 Ccf                                            No charge

     The Next         400 Ccf                                            $ .14528 per Ccf

     The Next      2500 Ccf                                             .13528 per Ccf

     All Over        3000 Ccf                                             .06528 per Ccf

Prompt Payment Provision:  None.  Above rates are net.

OTHER ADJUSTMENTS

Cost of Gas Component:  In addition to the Cost of Service set forth above, each customer's bill shall include an amount equal to the Cost of Gas for the billing month as determined in accordance with Rate Schedule No. 1-1-INC multiplied by the total Ccf consumed during the billing month.

Taxes:  Plus applicable taxes and fees (including franchise fees) related to above.

CONDITIONS

1.    Subject in all respects to applicable laws, rules and regulations from time to time in effect.

2.  The applicability section of this rate notwithstanding, if a customer, other than a full requirements customer, pays a standby charge pursuant to Rate Schedule S.S., Texas Gas Service Company will maintain facilities and supply capability to serve said customer.  If standby payments are current, the customer will qualify for this rate.

Supersedes Rate Schedule 40:                                  Meters Read On and After:

Dated  July 29, 2014                                                 August 3, 2015

TEXAS GAS SERVICE COMPANY                           

El Paso Service Area - West Texas Region        RATE SCHEDULE S.S.

STANDBY SERVICE RATE

APPLICABILITY

Applicable to all customers who have alternative natural gas transmission or distribution facilities physically conformed to supply natural gas service to them and who are not full requirements Texas Gas Service Company customers.

TERRITORY

The incorporated areas of El Paso, Texas.

RATE

During each monthly billing period:

A customer charge per meter per month of  $617.74 plus %u2011

plus $20.00 per Mcf/Hour of connected rated capacity of natural gas consuming equipment

OTHER ADJUSTMENTS

In addition to the Cost of Service charges set forth above, each customer’s bill shall include the following:

CONDITIONS

 

1.    This charge shall cause the Company to maintain a connection with the customer including metering and regulation facilities.  The Company will also arrange with suppliers for sufficient gas reserve assurance so that the customer can resume service upon reasonable notice to the Company.

2.    Company engineers shall have the right and be afforded the opportunity by the customer to inspect the facilities to properly ascertain the gas-using capacity on the customer's premises.

3.    Subject in all respects to applicable laws, rules, and regulations from time to time in effect.

Supersedes Rate Schedule S.S.:                               Meters Read On and After:

Dated July 29, 2014                                                  August 3, 2015     

TEXAS GAS SERVICE COMPANY                      RATE SCHEDULE T-1

El Paso Service Area - West Texas Region                   Page 1 of 2

TRANSPORTATION SERVICE RATE

APPLICABILITY

Service under this rate schedule is available to any customer for the transportation of customer-owned natural gas through the Company's distribution system.  The customer must arrange with the customer's gas supplier to have its gas delivered to one of the Company's existing delivery points for transportation by the Company to the customer's facilities at the customer's service point. 

TERRITORY

El Paso Service Area consisting of the incorporated areas of El Paso, Texas.

RATE

This rate shall be the sum of Part A and Part B as described below:

Part A:       During each monthly billing period, a customer charge per meter per month listed by customer class as follows:

Commercial                               $767.98

        Public Authority                             $806.38

  Industrial/Stand-by                                $1,163.27

    Electrical Cogeneration and Energy Conservation            $1,163.27

Part B:       All volumes of natural gas transported during each month in accordance with this schedule shall be billed at a rate calculated as follows:

1.   Determine the bill for the quantity of customer-owned gas metered and delivered to the customer at the Company's volumetric Cost of Service Rate on the gas sales tariff which would otherwise be applicable;

2.   Add a balancing service rate for any applicable portion of incremental cost of the Company’s transportation reservation costs received from its upstream pipelines that is deemed at the Company’s sole discretion to directly or indirectly benefit the transportation service customers through scheduling balancing flexibility.  The balancing service rate will be recalculated annually in conjunction with the Cost of Gas annual reconciliation audit and/or as the upstream pipeline changes the rates being charged to the Company.  In addition the Company will charge system sales customers as of the date of this Rate Schedule that become transportation customers after the effective date of this Rate Schedule, a rate representing the cost of stranded capacity, incurred by the Company for upstream transportation and reservation costs as determined by the Company.  Proceeds from these rates will be credited to the Reconciliation Account.

3.  See the “Additional Charges to Cost of Service Rate” Pursuant to Rate Schedule T-GEN (General Charges and Provisions).

SPECIAL PROVISIONS

1.         Transportation volumes delivered under this schedule shall be considered first through customer's meter for billing purposes.

Supersedes Rate Schedule T-1 :                          Meters Read On and After:               

Dated July 29, 2014                                                       August 3, 2015

 

TEXAS GAS SERVICE COMPANY         RATE SCHEDULE T-1

El Paso Service Area - West Texas Region                                    Page 2 of 2               

TRANSPORTATION SERVICE RATE

(Continued)

SPECIAL PROVISIONS (Cont’d)

2.     Gas transported under this schedule shall be for use only by the customer.

3.     See the “Additional Charges to Cost of Service Rate” pursuant to Rate Schedule T-GEN (General Charges and Provisions).

4.  Prior to the execution of a Gas Transportation Service Agreement, customer must represent and certify that its usage shall average at least five hundred (500) Mcf of gas per month or six thousand (6,000) Mcf annually.  The Company shall have the right at all reasonable times, upon prior notice to Customer, to enter onto Customer’s premises and inspect Customer’s facilities and operations to verify such capability.  Customer must agree to notify the Company within a reasonable time if there is any change in Customer’s usage.  Should Customer’s usage average less than five hundred (500) Mcf per month or six thousand (6,000) Mcf annually, Customer must so notify the Company and the Company may discontinue service hereunder, except as may otherwise be provided in the Gas Transportation Service Agreement between the Company and customer, and provide service under the general service rate applicable to Customer.

5.  Customers that qualify for and elect service under this tariff must remain on transportation service for a minimum of twelve months.  If a customer chooses to leave transportation service under this tariff after twelve months, the customer may not return to transportation service for at least twelve months.  If a customer requests to leave transportation service under this tariff and return to the appropriate general service rate, the Company may at its sole discretion decline the request until adequate upstream pipeline capacity can be procured.

6. Transportation of customer-owned natural gas under this tariff will require telemetry or electronic flow measurement that meets the Company’s required specifications at the customer’s point (s) of re-delivery.  The Company may require the customer to reimburse the Company for the cost of telemetry at its sole discretion.

CONDITIONS

1.   Transportation of customer-owned natural gas hereunder shall be subject in all respects to applicable laws, rules and regulations from time to time in effect.

2.   Transportation of customer-owned natural gas hereunder shall be limited to natural gas of equal or higher quality than natural gas currently available from the Company's supplier(s).  All gas delivered by the Company to the customer shall be deemed to be the same quality as that gas received by the Company for transportation.

3.   Transportation of customer-owned natural gas hereunder is subject in all respects to terms and conditions of the Gas Transportation Service Agreement entered into between the customer and Company prior to commencement of service and all amendments and modifications thereto.

4.         With respect to the Company's capacity to deliver gas at any particular time, the curtailment priority of any customer served under this schedule shall be the same as the curtailment priority established for other customers served pursuant to the Company's rate schedule which would otherwise be available to such customer.

Supersedes Rate Schedule T-1:                        Meters Read On and After:

Dated July 29, 2014                                          August 3, 2015

Executive session item read into the record by Mayor Pro Tempore Noe.

Mr. Norman Gordon, outside utility counsel, gave a PowerPoint presentation on file with City Clerk’s Office.

Representative Robinson commented.

Ms. Brie Franco, Assistant City Attorney, gave legal advice.

 

Motion made by Mayor Pro Tempore Noe, seconded by Representative Romero, and unanimously carried to APPROVE the Resolution.

ABSENT: Representative Niland

 

 

ADJOURN

Motion made by Representative Romero, seconded by Mayor Pro Tempore Noe, and unanimously carried to ADJOURN this meeting at 1:59 p.m.

     

 

APPROVED AS TO CONTENT:

______________________________

Richarda Duffy Momsen, City Clerk