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O-1180-5-93ORDINANCE NO. 118 0 - 5 - 9 3 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DENYING A RATE INCREASE REQUESTED BY TEXAS UTHXr1ES ELECTRIC COMPANY WMIIN THE CITY OF ALLEN, TEXAS; AND PROVIDING FOR CONDITIONS, SEVERABILITY AND REPEAL OF CONFLICTING ORDINANCES. WHEREAS, on January 22,1993, Texas Utilities Electric Company (TUEC or Company) filed with the City of Allen, Texas, a request for an increase in electric utility rates to be charged within the City; and, WHEREAS, the City, having suspended the effective date of such proposed increase and having considered the same, is of the opinion and finds that existing rates of TUEC should not be adjusted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: That the requested changes in rates, tariffs, and charges of TUEC for electric power, energy and service within the City be in all respects denied. SECTION 2: That notwithstanding any other provisions 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 in 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 §43(e) of the Public Utility Regulatory Act. SECTION 4: 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 SECTION 5: That all ordinances, resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict.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, TEXAS, ON THE 20th DAY OF MAY, 1993. APPROVED: Me Farmer, MAYOR APPROVED .� TO FORM: ATTEST; A. Don Crowder, CITY ATTO Y J M L�, CITY SECRETARY 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 #1180-5-93 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, May 26, 1993 & Sunday May 30, 1993 and which was issued on May 26, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day A V. A. TODD MY COMM'SSION EXPIRES -.:a= December 5, Publisher's fee $20.26 D. 19%-1 in and for COLLIN COUNTY, TEXAS CITY OF ALLEN PUBLIC NOTICE i Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, May 20, 1993 (Title only): ` Ordinance No. 1180-5-93: An Ordinance of the City of Allen, Collin County, Teias, Denying a Rate Increase Requested by Texas Utilities Electric Company withinthe City of Allen, Texas; and Providing for Con- ditions, Severability and Repeal of Con- flicting Ordinances. A copy of this ordinance may be read or Purchased in the office of the City Secret- ary, City of Allen,,One Butler Circle, -Allen, Texas 75002. /s/ Judy Morrison City Secretary r CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the -Allen City C6uncil adopted the following ordinance at their regular meeting held on Thursday, MAY 20, 1993 (Title only). Ordinance No. 1180-5-93 An Ordinance of the City of Allen, Collin County, Texas, Denying a Rate Increase Requested by Texas Utilities Electric Company within the City of Allen, Texas; and Providing for Con- ditions, Severability and Repeal of Con- flicting Ordinances. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Ci cle, Allen, Texas 75002. ' /s/ Judy Morrison City Secretary