O-412-9-82ORDINANCE NO. 412-9-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
REVISING THE FUEL ADJUSTMENT CLAUSE OF TEXAS POWER AND LIGHT
COMPANY IN•THE CITY OF ALLEN, PROVIDING FOR AN EFFECTIVE DATE
FOR SUCH FUEL ADJUSTMENT CLAUSE RATE SCHEDULE, AND PROVIDING
CONDITIONS UNDER WHICH SUCH FUEL ADJUSTMENT CLAUSE RATE SCHEDULE
MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN.
WHEREAS, on July 29, 1982, 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 adversely to TP&L, a copy
of which is attached hereto as Exhibit "I" and incorporated
herein for all purposes; and,
WHEREAS, the District Court in said judgment ruled that the
fuel adjustment clause used by TP&L and authorized by the Public
Utility Commission of Texas does not meet the requirements of
law; and,
WHEREAS, the City finds that the judgment and all included
findings and conclusions of the District Court shall be complied
with in all regards, and said judgment is hereby adopted and
approved; and
WHEREAS, TP&L did, on December 9, 1981, file a proposed fuel
cost factor tariff for service within the City of Allen to become
effective January 13, 1982, the operation of which was suspended
from time to time thereafter by action of the council or
voluntary extension by the company; and,
WHEREAS, the City of Allen, having considered the attached
proposed modified fuel adjustment clause and procedure for approval
of payments to affiliates finds that the modified fuel adjustment
clause and procedure for approval of payment of affiliates should
be approved and construed in accordance with the attached final
judgment of the District Court;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ALLEN, TEXAS:
Ordinance No. 412-9-82
Page 2
SECTION 1. The fuel adjustment clause rate schedule
of Texas Power and Light Company is hereby amended in accordance
with Exhibit "II." Such procedure is the one under which TP&L
shall be authorized to collect charges from its customers for the
sale of electric power and energy within the corporate limits of
the City of Allen until such time as said fuel adjustment clause
rate schedule may be changed, modified, amended, or withdrawn,
with the approval of the City Council.
SECTION 2. Such fuel adjustment clause rate schedule, as
same may be modified or amended, shall be effective from and
after passage of this ordinance and shall apply to all power
and energy used by each customer after the final passage of
this ordinance.
SECTION 3. 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 the fuel adjust-
ment clause rate of Texas Power and Light Company within the
City of Allen in accordance with Section 43 (e) of the Public
Utility Regulatory Act.
SECTION 4. The final -judgment of the District Court of
Travis County, Texas, 200th Judicial District, attached hereto
as Exhibit "I" is hereby approved and adopted. The attached
modified fuel adjustment clause and procedure for approval of
payments to affiliates shall be construed in accordance with
said final judgment.
SECTION 5. The Company shall within 20 days from the
passage hereof file all necessary supporting exhibits and tariff
revisions which shall be identical to those agreed to by all
parties and approved in Public Utility Commission Docket 4224,
all of which shall become a part of the Company's tariffs.
SECTION 6. Nothing in this ordinance shall be construed
Ordinance No. 412-9-82
Page 3
now or hereafter as limiting or modifying, in any manner, the
right or power of the City under the law to regulate the rates
and charges of Texas Power and Light Company.
SECTION 7. This ordinance shall become effective on
the date as provided by the Charter of the City of Allen.
PASSED AND APPROVED at the Regular Meeting of the City
Council of the City of Allen, Texas, this the 16th day of
September, 1982.
APPROVED:
l '
M. B. Pietson, MAYOR
ATTEST:
Marty Hendri ITY SECRETARY
APPROVED AS TO FORM:
A. Don Crowder, CITY ATTORNEY