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O-982-5-90ORDINANCE NO. 9g2-5-90 AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY OF ALLEN, TEXAS, AND PROVIDING FOR SCHEDULES, CONDITIONS, SEVERABILITY, AND REPEAL OF CONFLICTING ORDINANCES. WHEREAS, on January 16, 1990, Texas Utilities Electric Company (TUEC) filed with the City of Allen a request for an increase in electric utility rates to be charged within the City in the amount of approximately $442.4 million per annum; and, WHEREAS, the City, having suspended the effective date of such proposed increase from February 20, 1990, and having considered the same at a public hearing, including the evidence and recommendations of the City's consultants, is of the opinion and finds that the existing rates should not be adjusted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the requested rates, tariffs, and charges of TUEC for electric power and energy sold within the City be in all respects denied. The Schedules of Rates, as are approved in accordance herewith, are those under which TUEC was operating immediately prior to the request for increase filed on January 16, 1990. TUEC shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City until such time as the current Rate Schedules may be changed, modified, amended, or withdrawn, with the approval of the City Council. SECTION 2. That notwithstanding any other provision herein contained, the rates of TUEC within the City of Allen shall not, in any case, exceed the rates of customers of TUEC in unincorporated areas whether such rates for unincorporated areas are set prior to or after the adoption of this Ordinance; and it shall be unlawful for TUEC, its agents, servants or employees to collect or attempt to collect higher rates within the City of Allen than are collected by TUEC within unincorporated areas. SECTION 3. That the action of the City Council of the City of Allen Ordinance No. 982-5-90 - Page 1 enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for TUEC within the City of Allen in accordance with Section 43(e) of the Public Utility Regulatory Act. SECTION 4. That 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 TUEC. SECTION 5. That all ordinances, resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TERAS, ON THE 17TH DAY OF MAY '1990. APPROVED AS TO FORM: A. Don Cro e , i yAltoey R APPROVED: e Farmer, Mayor ATTEST: J y Morr on, City Secretary Ordinance No. 982-5-90 - Page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing ORDINANCE #982-5-90 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, May 23, 1990 & Sunday, May 27, 1990 and which was issued on May 23, 1990 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said public ' n is attached hereto. SUBSCRIBED AND SWORN to before me this 1J day o\ VJL TODD J/ ' • ;,. MY COMMISSION EXPIRES Die*mbsr 5, 1952 t`— NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS A.D. 19 '?0 Publisher's fee $ 16.20 CITY OF ALLEN s i PUBLIC NOTICE Notice is hereby given that the AIIen;City' Council adopted the following ordinance at their regular meeting held on Thursday, May 17, 1990 (Title only): ; ORDINANCE NO. 982-5-90: An Ordi-' narice of the City of Allen, Collin County, Texas, Approving Rate Schedules to bel Charged by -Texas Utilities Electric Com- pany in the City of Allen, Texas, and_Pro- viding for Schedules, Conditions, Severa-1 bility, and Repeal, of Conflicting' ( Ordinances. s yA Copy of this ordinance may be read ort purchased in,the office of the City,Secre-1 tary, City of Allen, One Butler Circle, Allen,; 6'•Texas 75002. r/s/;J,udy Morrison City, Secretary_ CTTY OF A' LMN PUBLIC NdTICE Notice is hereby given that the Allen•City Council adopted the following ordinarice at their regular meeting held on Thursday, t, May 17, 1990 (Title only): i I I, ORDINANCE NO. 982 5-90:'•An Ordi-k nance of the City of Alleh, Collin County, Texas, Approving Rate Schedules to be Charged by Texas Utilities Electric Com-, pany in the City of Allen, Texas, and Pio-' viding for Schedules,• Conditions, Severa-1 bility, and Repeal of Conflicting Ordinances. A Copy of this ordinance may be read'or; purchased in the office of the City Secre-,1 'tary, City of Allen, One Butler, Circle, Allen ;Texas 75002. i .r is,Uudy Morrison City Secretary E Lti