O-2007-12-01ORDINANCE NO. 2007-12-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ESTABLISHING LOCAL REGISTRATION OF RETAIL
ELECTRIC PROVIDERS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Texas Utility Code §39.358 authorizes the City of Allen, Collin County, Texas to require a
retail electric provider to register with the City as a condition of serving the residents of the City; and,
WHEREAS, citizens have traditionally looked to municipal government to provide assistance regarding
utility related problems; and,
WHEREAS, the new law provides that municipalities may register Retail Electric Providers who offer
service within a municipality; and,
WHEREAS, registration would provide the City of Allen a mechanism to help facilitate communication
between an electric provider and City of Allen consumers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
' SECTION 1. The findings contained in the preamble of this ordinance are determined to be true and correct
and are hereby adopted.
SECTION 2. All retail electric providers wishing to sell, offer for sale, or provide electric energy to any
retail consumers in Allen, including, but not limited to industrial, business or residential consumers, shall
register annually with the City Manager or designee for the City of Allen as a condition of serving residents
of the City. The City Manager or designee may suspend or revoke a retail electric provider's registration and
operation in the City for significant violations of Chapter 39 Texas Utility Code or any rules adopted
thereunder.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance, which shall remain in full force and effect.
SECTION 4. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of
this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said
ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty as provided for m Code of Ordinances of the City of Allen, as previously amended,
and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500) for each
offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
' SECTION 6. This ordinance shall take effect immediately from and after its passage and it is accordingly
so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 6m DAY OF DECEMBER, 2001.
APPROVED:
SteplieniTerrell, MAYOR
APPROVED AS TO FORM: ATTEST:
(�a 4jolrte, A "�h't -a 6�_
Peter G. Smith, CI ATTORNEY JudyMo CMC/AAE, CITY SECRETARY
Ordinance No. 2007-12-01, Page 2