HomeMy WebLinkAboutOrdinances (O-82-450)-08/03/1982
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3 ORDINANCE NO.
0-82-450
AN ORDINANCE REVISING THE FUEL ADJUSTMENT CLAUSES OF TEXAS POWER
AND LIGHT COMPANY AND TEXAS ELECTRIC SERVICE COMPANY IN THE CITY
OF COLLEYVILLE, TEXAS, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH
FUEL ADJUSTMENT CLAUSE RATE SCHEDULES, AND PROVIDING CONDITIONS
I UNDER WHICH SUCH FUEL ADJUSTMENT CLAUSE RATE SCHEDULES MAY BE
6 CHANGED, MODIFIED, AMENDED OR WITHDRAWN.
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7 II WHEREAS, on December 4, 19S1, 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
Texas Electric Service Company ("TESCO") and adverse to
TP&L and TESCO, a copy of which is attached hereto as
Exhibit A and incorporated herein for all purposes;
and,
WHEREAS,
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II BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
'I TEXAS:
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II WHEREAS,
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II WHEREAS,
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I WHEREAS,
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the District Court in said judgment
adjustment clauses used by TP&L and
by the Public Utility Commission of
the requirements of law; and,
ruled that the fuel
TESCO and authorized
Texas do not meet
the City finds that the judgment and all included
findings and conclusions of the District Court shall
complied with in all regards, and said judgment is
hereby adopted and approved; and,
be
TP&L and TESCO did, on December 9, 1981, file a proposed
fuel cost factor tariff for service within the City of
Colleyville ("City") to become effective January 13,
1982, the operation of which were suspended for a period
of 120 days from January 13, 19S2; and,
the City, having considered the attached proposed
modified fuel adjustment clauses and procedures for
approval of payments to affiliates finds that the
modified fuel adjustment clauses and procedures for
approval of payment of affiliates should be approved and
construed in accordance with the attached final judgment
of the District Court; NOW, THEREFORE,
THAT the fuel adjustment clause rate schedules of Texas
Power and Light Company and Texas Electric Service
Company are hereby amended in accordance with Exhibit
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I 0-82-450
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"B", attached hereto and incorporated herein for all
purposes. Such fuel adjustment clauses are the ones
under which TP&L and TESCO shall be authorized to
collect charges from their 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 schedules may be changed, modified, amended, or
withdrawn, with the approval of the City Council.
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Such fuel adjustment clause rate schedules, 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.
Sec. 2.
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That the action of the City Council of the City of
Colleyville enacting this ordinance constitutes, on the
date of its final passage, a final determination of the
fuel adjustment clause rates of Texas Power and Light
Company and Texas Electric Service Company within the
City of Colleyville in accordance with Section 43(e) of
the Public Utility Regulatory Act.
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That the final judgment of the District Court of Travis
County, Texas, 200th Judicial District, attached hereto
as Exhibit "A" is hereby approved and adopted. The
attached modified fuel adjustment clauses and procedures
for approval of payments to affiliates shall be con-
strued in accordance with said final judgment.
Sec. 4.
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Nothing in this ordinance shall be construed now or
hereafter as limiting or modifying, in any manner, the
righ t or power of the Ci ty under the law to regula te the
rates and charges of Texas Power and Light Company or
Texas Electric Service Company.
Sec. 5.
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AND IT IS SO ORDERED.
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The first ~ding and public hearing being conducted on the
day of Ui:.t.ld:/ ,19S2.
The.!~~ondvreading an~b*ic hearing being conducted on the
II ~,r.( day of ~I , 1982.
I The t. hYd reading.,a ~ P)lb1~ hearing beingnol'dljc~ed on the
i ..;lel-! day oJ.- ~.<.-l(/=- , 1982. Cl--Ytrl u1.eLf!id
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0-82-450
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6 II ATTEST:
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Approved as to
and legality:
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CITY OF COLLEYVILLE
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BY: $~' .~~~"t'
Buck Hubbard, Mayor