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HomeMy WebLinkAboutORD 93-08 - Texas UtilitiesIF IMF ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY ! ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, has original jurisdiction for establishing rates to be charged for utility services provided within the city limits; WHEREAS, Texas Utilities Electric Company ("TU") has filed a request to increase its rates; WHEREAS, the City Council recognizes that the Public Utility Commission ("PUC") has original jurisdiction and appellate jurisdiction over the rates to be charged by TU; and WHEREAS, the City Council determines that it is in the best interest of the residents of the City of Georgetown that the rates established by the PUC be applied to those residents served by TU within the city limits; NOW, ' !' BE ORDAINED i BY THE CITY COUNCILOF OF !"' ! THAT. SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Utilities/Energy Policy 5 of the Century Plan - Policy Plan Element, which states: "The City will provide water, wastewater, electricity, and solid waste collection services which meet the immediate and future needs of all citizens and which encourages and provides for economic development", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. On January 22, 1993, Texas Utilities Electric Company filed with the Governing Body of this municipality and simultaneously with the Public Utility Commission of Texas a virtually identical Petition and Statement of Intent with proposed changes in the rate schedules and service regulations. TU Rate Ordinance No. Page 1 of 3 Pages SECTION 3. The rate schedules and service regulations of Texas Utilities Electric Company ("TU") approved and set by the Public Utility Commission of Texas ("PUC") pursuant to the Petition and Statement of Intent filed by TU with the PUC on January 22, 1993, are hereby approved as the rate schedules and service regulations under which said Company is authorized to render service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City of Georgetown, Texas, until such time as said rate schedules and service regulations may be changed, modified, amended or withdrawn with the approval of the City Council, SECTION 4. The rate schedules and service regulations herein approved shall be effective from and after the date the PUC orders the new rate schedules and service regulations to be come effective, provided that, in order to effect uniform system -wide rates, changed rates may be placed in effect earlier within the City of Georgetown to the same extent that changed rates are placed in effect earlier in all of the other areas served by TU but only pursuant to an order of the PUC fixing interim rates or pursuant to a bond filed with the PUC and subject to refund to the same extent as authorized by Section 43 (e) of the Public Utility Regulatory Act. SECTION 5. The filing of the rate schedules and service regulations with the City Secretary shall constitute notice to the consumers of electricity, within the City of Georgetown, of the availability and application of such rate schedules and service regulations. SECTION b. Nothing contained in this Ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the City of Georgetown under the law to regulate the rates, operations, and services of TU. SECTION 7. It is hereby officially found that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 8. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 9. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 10. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective immediately upon adoption by second reading in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 9th day of February, 1993. TU Rate Ordinance No. C7.94 Page 2 of 3 Pages PASSED AND APPROVED on Second Reading on the Z day of � p 7 1991*3 �m�jV Elizabeth Gray City Secretary Alar1aIIIIC LatIUCrS DaI1K5 City Attorney TU Rate Ordinance No. Page 3 of 3 Pages t y LO MOOD f Mayor