HomeMy WebLinkAbout1112 05-25-1993ORDINANCE NO.1112
AN ORDINANCE REVISING THE RATES OF TEXAS UTILITIES ELECTRIC
COMPANY IN THE CITY OF EULESS, TEXAS; PROVIDING FOR
CONDITIONS AND REPEAL OF CONFLICTING ORDINANCES, A
SEVERABILITY CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on January 22, 1993, Texas Utilities Electric Company (TUEC or
Company) filed with the City of Euless, Texas, a request for an increase in
electric utility rates to be charged within the City in the amount of
$760,253,740 per annum on a system -wide basis; and
WHEREAS, the City, having suspended the effective date of such proposed
increase until May 27, 1993, and having considered the same after reasonable
notice and public hearing, is of the opinion and finds that the rates of TUEC
should be adjusted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS:
I.
That the rates, tariffs, and charges of TUEC for electric power and energy
sold within the City be revised to increase annual revenues by $180,000,000 on a
Texas retail basis. Such Schedule of Rates, as are approved in accordance
herewith, are those under which said Company shall be authorized to render
electric service and to collect charges from its customers for the sale of
electric power and energy within the corporate limits of the City until such
time as said Rate Schedules may be changed, modified, amended, or withdrawn,
with the approval of the City Council.
II.
That the rates approved hereby fix the overall revenues of the Company at a
level which will permit TUEC a reasonable opportunity to earn a reasonable
return on its invested capital used and useful in rendering service to the
public over and above the Company's reasonable and necessary operating expenses.
The rates approved hereby are just and reasonable.
III.
That the rates approved hereby shall be effective and in force as of the
date hereof for consumption as of the date hereof and shall be charged and
observed thereafter until revised according to law. Billings for periods of
consumption which include consumption both under the Company's existing rate and
the rate established hereby shall be prorated, based on the days within each
such period, as though daily consumption was equal on each day throughout both
such periods.
IV.
That TUEC shall file with the City within ten (10) days hereof a revised
Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges
based upon such increase in total operating revenues as prescribed herein. The
rate design implemented by such schedules and tariffs shall be in accord with
the existing rate design and shall reflect an equal base rate percentage
increase across all customer classifications. Such Schedule of Rates and
Tariffs may be modified or amended by the City Council within ten (10) days from
the date of filing with the City, otherwise the same shall be considered
approved as filed.
a
That any TUEC request for modification of existing tariffs, rates or
schedules not specifically addressed herein, including, but not limited to, the
closure of certain tariffs, is denied.
VI.
That notwithstanding any other provision herein contained, the rates of
TUEC within the City of Euless, Texas, shall not, in any case, exceed the rates
of customers of TUEC in unincorporated areas whether such rates for
unincorporated areas are set prior to or after the adoption of this ordinance
and it shall be unlawful for TUEC, its agents, servants or employees to collect
or attempt to collect higher rates within the City of Euless, Texas, than are
collected by TUEC within unincorporated areas.
VII.
That the action of the City Council of the City of Euless enacting this
ordinance constitutes, on the date of its final passage, a final determination
of rates for TUEC within the City of Euless, Texas, in accordance with Section
43(e) of the Public Utility Regulatory Act.
VIII.
That 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 under the law to regulate the rates and charges of TUEC.
IX.
Severability Clause. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared invalid or unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of
any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
ORDINANCE NO. 1112 , PAGE 2
X.
Saving Clause. That the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by
this ordinance.
XI.
Effective Date. This ordinance shall be in full force and effect from and
after its passage and publication as provided by the Euless City Charter and the
laws of the State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of the
Euless City Council on the 25th day of May, 1993; by a vote of 5 ayes,
1 nays and 0 abstentions.
ATTEST;'
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116, 1
Su9an Crim, CMC, City S cr
APPROVED AS TO FORM:
City Attorney
ORDINANCE N0. 1112_, PAGE 3
APPROVED:
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Harold BU Samuels, Mayor