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O-1690-2-99ORDINANCE NO. 1690-2-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS APPROVING RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY, PROVIDING AN EFFECTIVE DATE THEREFOR, PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; AND PROVIDING FOR THE EFFECTIVE DATE OF SAH) ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. That on January 15, 1999, Texas Utilities Electric Company (hereinafter referred to as "TU Electric") filed with the City Council of the City of Allen, Texas, a Statement of Intent and Application to implement within the corporate limits of the City proposed new rate schedules that provide additional rate options for its customers, which options are entirely voluntary on the pan of the customer, namely its proposed Rate GTU-M-General Service T meof-Use-Municipality, proposed Rate RTUI-M-Residential Time -of -Use Service-Municipafty, and proposed Rate GTUC-M-General Service Time -of -Use Voluntary Cunailable-Municipality (said three proposed new rate schedules hereinafter collectively referred to as the "Timeof--Use Rate Schedules"). SECTION 2. That the Timeof-Use Rate Schedules are hereby approved, and TU Electric is authorized to render service and to collect charges as specified in the Timeof-Use Rate Schedules from its customers ' electing to receive electrical service under said Time -of -Use Rate Schedules within the corporate limits of this City until such time as said rate schedules may be changed, modified, amended or withdrawn with the approval of the City Council of the City of Allen. SECTION 3. That the Time -of -Use Rate Schedules herein approved shall be effective from and after the fatal passage and approval of this Ordinance. SECTION 4. That the filing of said Timeof-Use Rate Schedules shall constitute notice to the consumers of electricity within the City of the availability and application of such Time -cif -Use Rate Schedules. SECTION 5. That TU Electric shall not seek any additional rate or surcharge mechanism to recover any revenues lost on account of the application of these time -of --use rates, and there shall be no imputed revenues on account of any reduction in TU Electric's revenues that may result from the application of these timeof-use rates. SECTION 6. That the rate reductions approved by the Public Utility Commission of Texas in Docket No. 19490 shall be applied to the timeof--use rates approved herein, such that Rider RRD shall be applicable to Rate RTUI-M, Rider GSRD shall be applied to all customers taldng secondary service under either Rate GTU-M designated as GTU-M-SEC or under Rate GTUC-M designated m GTUC-MSEC, and Rider RD shall be applied to all other customers on Rate GTU-M or Rate GTUC-M. SECTION 7. In its next general base rate case in which the time -of -use rates herein approved are at issue, TU Electric will either (a) include all customers taking service under Rate GTUC or GTUC-M during the test year involved in such base rate case as a separate rate class in its cost allocation study, or (b) include in its cost allocation study the load and revenue data applicable to each GTUC or GTUC-M customer taking service under Rate GTUC or GTUC-M during the test year involved in such base rate case with the load and revenue data of the rate class applicable to such GTUC or GTUC-M customer immediately prior to such customer's taking service under Rate GTUC or GTUC-M. In the event, however, that industry restructuring is mandated by legislative changes prior to the time that TU Electric has another general base rate case and such legislation ' authorizes the recovery by TU Electric of any stranded costs from its various customer classes in accordance with its last approved cost of service study, the customers then receiving service under the time -of -use rates will be included in the customer classes reflected in TU Electric's most recent cost of service study as follows: (a) Customers on Rate RTUI-M shall be included in Rate Class RTU; (b) Customer on Rate GTU-M shall be included in Rate Class HV, GP, or GS, depending upon the voltage level of the service, such that customers on Rate GTU-M receiving service at high voltages shall be included in Rate Class HV, customers receiving service at primary distribution voltages shall be included in Rate Class GP, and customers receiving service at secondary distribution voltages shall be included in Rate Class GS; and (c) Customers on Rate GTUC-M shall be included in Rate Class NI (Noticed Interruptible) depending upon the voltage level of the service, such that customers on Rate GTUC-M receiving service at high voltages shall be included in Rate class NI (High Voltage), customers on Rate GTUC-M receiving service at primary distribution voltages shall be included in Rate NI (Primary), and Customers on Rate GTUC-M receiving service at secondary distribution voltages shall be included in Rate NI (Secondary). SECTIONS. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying in any manner the right and power of the City Council of the City of Allen, Texas under the law to regulate the rates, operations, and services of TU Electric. ' SECTION 9. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, 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 18th DAY OF FEBguARy , 1999. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM ATTEST: Peter G. Smith, OM ATTORNEY Jud.OKMorrisifi, CMC, CITY SECRETARY Ordimmee No. 1690-2-99 Page 2