HomeMy WebLinkAbout712 09-28-1982ORDINANCE N0.712
AN ORDINANCE REVISING THE FUEL ADJUSTMENT CLAUSE OF TEXAS
POWER AND LIGHT COMPANY IN THE CITY OF F.(II F.SS , TEXAS,
PROVIDING FOR AN EFFECTIVE DATE FOR SUCH FUEL ADJUSTMENT CLAUSE
RATE SCHEDULE, AND PROVIDING CONDITIONS UNDER WHICH SUCH FUEL
ADJUSTMENT CLAUSE RATE SCHEDULE MAY BE CHANGED, MODIFIED, AMENDED
OR WITHDRAWN.
WHEREAS, on July 29, 1982, the. District Court of Travis
County, Texas, 200th Judicial District entered a final judgment
in favor of various cities and cooperatives served by Texas
Power and Light Company ( "TP &L ") and adverse to TP &L, a copy of
which is attached hereto as Exhibit "I" and incorporated herein
for all purposes; and
WHEREAS, the District Court in said judgment ruled that the
fuel adjustment clause used by TP &L and authorized by the Public
Utility Commission of Texas does not meet the requirements of
law; and,
WHEREAS, the City finds that the judgment and all included
findings and conclusions of the District Court shall be complied
with in all regards, and said judgment is hereby adopted and
approved; and
WHEREAS, TP &L did, on December 9, 1981, file a proposed fuel
cost factor tariff for service within the City of Euless
( "City ") to become effective January 13, 1982, the operation of
which was suspended from time to time thereafter by action of the
council of voluntary extension by the company; and
WHEREAS, the City, having considered the attached proposed
modified fuel adjustment clause and procedure for approval of
payments to affiliates finds that the modified fuel adjustment
clause and procedure for approval of payment of affiliates should
be approved and construed in accordance with the attached final
judgment of the District Court;
NOW, THEREFORE, be it ordained by the City Council of the
City of Euless , Texas:
SECTION 1: That the fuel adjustment clause rate schedule
of Texas Power and Light Company is hereby amended in accordance
with Exhibit "II ". Such procedure is the one under which TP &L
shall be authorized 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 fuel adjustment clause rate
schedule may be changed, modified, amended, or withdrawn, with
the approval of the City Council.
SECTION 2: Such fuel adjustment clause rate schedule, as
same may be modified or amended, shall be effective from and
after final passage of this ordinance and shall apply to all
power and energy used by each customer after the final passage of
this ordinance.
SECTION 3: That the action of the City Council of the
City of s F. le, _ enacting this ordinance constitutes, on the
date of its final passage, a final determination of the fuel
adjustment clause rate of Texas Power and Light Company within
the City of Euless in accordance with Section 43(e) of
the Public Utility Regulatory Act.
SECTION 4: That the final judgment of the District Court
of Travis County, Texas, 200th Judicial District, attached hereto
as Exhibit "I" is hereby approved and adopted. The attached
modified fuel adjustment clause and procedure for approval of
payments to affiliates shall be construed in accordance with said
final judgment.
SECTION 5: The Company shall within 20 days from the
passage hereof file all necessary supporting exhibits and tariff
revisions which shall be identical to those agreed to by all
parties and approved in Public Utility Commission Docket 4224,
all of which shall become a part of the Company's tariffs.
SECTION 6: Nothing in this ordinance shall be construed
now or hereafter as limiting or modifying, in any manner, the
right or power of the City under the law to regulate the rates
and charges of Texas Power and Light Company.
SECTION 7: The rule providing for the reading of an
ordinance on three separate days is hereby suspended and this
ordinance shall become effective as provided by the Charter of
the City of Euless
PASSED AND APPROVED at the (regular /spee+eA) meeting of the
City Council of the City of Euless Texas, this28_tb day of
Cc-ntamhPr , 1982
l mayor
ATTEST: / r�
ty S
(City
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APPR AS O FO M:
City Attorney
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