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O-359-9-81ORDINANCE NO. 359 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS POWER & LIGHT COMPANY IN THE CITY OF ALLEN, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN. WHEREAS, on March 6, 1981, Texas Power & Light Company ("Company") filed with the City of Allen ("City") a request for an increase in rates to be charged within the City in the amount of approximately $198 million per annum on a system -wide basis, an increase of approximately 20.3% in total revenues and 32.94% in base rate revenues, and WHEREAS, the City, having suspended the effective date of such proposed rate increase from April 10, 1981, and having con- sidered the same at a public hearing, is of the opinion and finds that an increase in rates should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Section 1. That an increase in the rates, tariffs and charges of Texas Power & Light Company for electric power and energy sold within the City be approved in an amount such that the adjusted total system -wide operating revenues for the Company be increased $57,082,841 per annum, based on the adjusted test year ending December 31, 1980, which constitutes an increase of approximately 5.61% in total revenues and 9.22%.in-,;base rate revenues. Such Schedule of Rates, as are approved in accordance herewith, are those under which said Company shall be authorized to render electric service and to collect charges from its cus- tomers for the sale of electric power and energy within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended or withdrawn, with the approval of the City Council. Section 2. That Texas Power & Light Company shall, within ten (10) days from the final passage of this Ordinance, file with the City a revised Schedule of Rates and Tariffs setting forth those rates, tariffs and charges based upon an increase in total Ordinance No. 359 Page 2 operating revenues as prescribed herein. Such Schedule of Rates and Tariffs may be modified or amended by the City Council of the City of Allen within twenty (20) days from the final passage of this Ordinance, otherwise, same shall be considered approved as filed. Such Schedule of Rates and Tariffs, 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. Pro- vided, the rates approved hereby shall not be effective prior to the time the Company shall have put the rate increase resulting from all other cases filed simultaneously herewith into effect throughout its system. Section 3. That such schedule of rates and tariffs shall comply with all applicable statutory requirements. Provided, pending resolution of certain litigation in the District Court of Travis County, no specific limitation is imposed at this time upon amounts attributable to transactions with affiliates, or any increases in such amounts, which may be included in rates under the terms of any automatic adjustment clause. Upon resolution of such litigation, through judgment entered therein, this ordinance may be amended to reflect any action of the court in such regard. Section 4. That the action of the City Council of the City of Allen enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for Texas Power & Light Company within the City of Allen in accordance with Section 43(e) of the Public Utility Regulatory Act. Section 5. 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 under the law to regulate the rates and charges of Texas Power & Light Company. Section 6. That the Service Regulations of Texas Power & Light Company filed with the City Secretary on March 6, 1981, be, and:-, the same are hereby approved. Ordinance No. 359 Page 3 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THIS THE 3rd DAY OF SEPTEMBER , 1981. ATTEST: Marty Hendrix CITY SECRETARY M. B. Pierson, MAYOR