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HomeMy WebLinkAboutOrdinances (O-91-852)-03/24/1991 1 2 3 ORDINANCE 0-91-851 4 5 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXASJ APPROVING IMPLEMENTATION IN THE CITY OF COLLEYVILLE OF A CHANGE IN RATES CHARGED BY TRI-COUNTY ELECTRIC COOPERATIVE, INC., FOR ELECTRIC UTILITY SERVICE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND AUTHORIZING PUBLICATION. 6 7 8 WHEREAS, Tri-County Electric Cooperative, Inc., filed with the City of colleyville on November 4J 1991, pursuant to the requirements of the Pubic Utility Regulatory Act, an Application for Authority to Change Rates and statement of Intent to change its residential rates requesting the City of Colleyville to approve implementation of the change in rates within the corporate limits of the City of Colleyville; and 9 10 11 12 WHEREAS, the cooperative has filed contemporaneously with its filing with the City, an application to the Public Utility Commission of Texas to approve implementation of rate changes contained in its Application for Authority to Change Rates and Statement of Intent in areas within the original jurisdiction of the Commission; and 13 14 15 WHEREAS, the cooperative has also contemporaneously filed with each City within which the cooperative provides service an application requesting approval of implementation of such changes within the corporate limits of each city; and 16 17 18 WHEREAS, the filing at the Commission will be followed by a thorough review of the proposed changes in rates by the Commission staff; and 19 WHEREASJ the City Council of the City of colleyville has reviewed the rate request filed with the City of Colleyville and finds said rates reasonable and lawful; and 20 21 WHEREAS, the City Council hereby authorizes and directs the City Secretary to serve the cooperative with a certified copy of this ordinance; and 22 23 24 25 26 1 2 3 Ordinance 0-91-85t- Page 2 4 5 WHEREAS, the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the Ci ty Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Texas Revised civil Statutes, Article 6252-17 (Vernon Supp. 1991); and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussedJ considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof; 6 7 8 9 10 11 NOWJ THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 12 COLLEYVILLE, TEXAS: 13 Sec. 1. THAT the City of Colleyville approves implementation of, and authorizes Tri-County Electric Cooperative, Inc., to charge in areas within the corporate limits of the City rates allowed by the Pubic utility Commission in Docket No. , with the effectiveness of the new rates to be contemporaneous with the effective date of those changes allowed by the Commission. 14 15 16 Sec. 2. 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 the Cooperative. 17 18 19 Sec. 3. THAT all Ordinances or parts of Ordinances in conflict herewi th are hereby repealed to the extent of such conflict only; 20 Sec. 4. THAT if any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to the other persons or sets of circumstances shall not be affected thereby, it being the intent of the City council in adopting this 21 22 23 24 25 26 1 2 3 Ordinance 0-91-85L Page 3 4 5 Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionalitYJ voidness or invalidity of any portion hereof, and all provisions of this Ordinance are declared to be severable for this purpose. 6 7 8 THAT the directed caption. City Secretary is hereby authorized and to cause pUblication of the descriptive Sec. 5. 9 10 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3r~ day of ~e~Mhtr 1991. The second reading and public hearing being conducted on the J7+! day of Dt.t.tM.btf' , 1991. 11 12 13 14 The thi~d reading day of .ja..I\\ury , P..TTEST: and public hearing being conducted on the 7~ 1992. TABLED, APPROVED BY COUNCIL ON MARCH 24, 1992, BY A VOTE OF 4 AYES AND 0 NAYS. CITY OF COLLEYVILLE 15 ~. ~K.~ 16 MAYOR 17 Harris Secretary 18 APt2:ET~D Ross T. Foster City Attorney LEGALITY: 19 20 21 22 23 24 25 26