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0467 AN ORDINANCE _ADOPTING AND PROVIDING FOR A CHANGE IN RATES FOR ELECTRIC SERVICE PROVIDED BY TRI-COUNTY ELECTRIC COOPERATIVE, INC. IN T~E CITY OF SOUTHLAKE, TEXAS; DETERMINING THAT THE PRESENT RATES FOR ELECTRIC SERVICE NEED TO BE DECREASED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Tri-County Electric Cooperative, Inc. is a cooperative corporation organized under the laws of the State of Texas who owns and operates a retail electric distribution system in the City of Southlake, Texas, and is a "public utility" within the meaning of the Public Utility Regulatory Act "PURA"), Texas Revised civil Statutes Annotated, Article 1446(c) Section 3(c); and whose rates for service within the city limits are subject to the original jurisdiction of the governing body of the City pursuant to PURA Section 17(a); and WHEREAS, the City Council of the City of Southlake (the "city") and the Board of Directors of Tri-County Electric Cooperative, Inc. (the "Electric Company") have determined that a decrease in rates for electric service to the residents within the City is appropriate and within the best interests of the public and citizens of the City; and -1- WHEREAS, the Electric Company has filed with the City a Statement of Intent to Change Rates within the City pursuant to the provisions of PURA, Section 43 to reduce the rate charged to class by one-cent per kWh for all kWh over 1,200 winter billing months of January, the residential kWh to be applied during the 1989 through April, 1989; and WHEREAS, both governing bodies Electric Company's proposed change in "major change" in rates as that term 43(b); and WHEREAS, both governing current services provided to not be interrupted, nor will this rate decrease; and have determined that the rates will not result in a is defined in PURA, Section bodies have determined that the the residents within the City will the quality of service diminish by WHEREAS, the City Council of the City, after careful study and deliberation and based upon the before enumerated agreements and understandings, has determined that said rate decrease is just and reasonable, and that this ordinance should be adopted outlining the provisions of said decrease. ORDAINED BY THE CITY COUNCIL OF THE NOW, THEREFORE, BE IT CITY OF SOUTHLAKE, TEXAS: SECTION 1 Effective during the winter billing months of January, 1989 through April, 1989, the electric rate charged to Residential, Non-Commercial Farm Operations and Public Buildings within the city limits of the City of Southlake, Texas by Tri-County -2- Electric Cooperative, Inc., its successors and assigns, is hereby fixed and determined as set forth in Table A attached to this ordinance for all purposes. The effect of this change is to reduce the energy charge to the above users by one cent per kWh for all kWh usage over 1,200 kWh. SECTION 2 The rates set forth in this ordinance may be changed and amended by either the City or the Electric Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction. SECTION 3 It is hereby found and determined that the meeting at which this ordinance was passed was open to the public as required by Texas law and that advance public notice of the time, place and purpose of said meeting was given. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting such ordinances are hereby repealed. SECTION 5 If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the provisions of -3- validity of City Council portions of this Ordinance despite such invalidity, remaining portions shall remain in full force and effect. SECTION 6 the remaining portions of this Ordinance; and the hereby declares it would have passed such remaining which The City Secretary of the City of Southlake is hereby directed to engross and enroll this ordinance by copying the caption, publication clause and effective date clause in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7 This Ordinance shall be effective passage on second reading as provl ~f ~PASSED AND APPROVED ON FI~ ~C(]4~,/l~ctc~ , 1988. from and after its ~-d b~th~ Charter of the City. ~,~,.~PAS~ED AND APPROVED ON L~L ?)~-~ , 1988. CITY SECRETARY ~R l~, ~ ATS ~T: ~ITY SECRETARY OF -4- APPROVED AS TO FORM AND LEGALITY: C ¢ o rne Date: /D ~ ~ ~ ADOPTED: EFFECTIVE: c:~slake~ord.02 -5- APPROVED AS TO FORM AND LEGALITY: 6`J0 City Attorney Date: 0---4‘ ADOPTED: /:::? Q 7-gg ,i i EFFECTIVE: ._ '3 c: \slake\ord. 02 -5- Fort Worth 5tar=1elegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I .NO.22-2573893 DATE I DESCRIPTION I AD SIZE TOTAL INCH/LINE I RATE I AMOUN . JEC 25 6258709 December 25 CL . 008 1X34 L 34 . 56 19 .04 01 AFFIDAVITS 3b ION OCU L13Ck a3E3s ************************** *****.°** e U'* ■ * RECONCILE ALL INVOICES ITH * * MONTHLY STA T EMEN'i' . * CALL 390-7501 WITH DIFFERENCES • * * * ************************** ******** 117)R i rrI 31 09 OFFICE OF CITY SLCRETARY CURRENT CURRENT STATEMENT PERIOD (ACCOUNT NUMBER ON RECPT 12/25 - 12/25 CIT57 IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. 4,--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �4 ADVERTISING STATEMENT PortWorth REMIT TO Il P.O. BOX 99074• FORT WORTH, TEXAS 76199 PAYMENT 6258709 NNUM ERT CIT57 DUE DATE ON RECPT PAGE 1OF CITY OF SOUTHLAKE ORIGINAL ie 667 N CARROLL PLEASE PAY kb. 19 . 04 SOUTHLAKE TX 76092 0 THIS AMOUNT Pr- ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Tell 400 W.SEVENTH STREET•FORT WORTH TEXAI DATE DESC DEC 09 6252759 decemb' CIT57 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DEBORAH BUSH Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: AD# 6252759 PUBLIC NOTI HEARING CE OF NOTICE is hereby given to all Interested persons that the City * Council of the City of South l ake, AM&PM DEC. 0 9 1988 Texas,will be holding a pppblic * RECONC: hearingon December 20,iY88at * M O 7.30 p.m. In the city council chambers Avenue,alSouthlake * CALL 3 9( Texas. * P der the secseof ond reading of the *********� following ordinance:_.Is tocon- Signed ORDINANCE NO.447 AN ORDINANCE ADOPTING AND PRO- Subscribed and sworn to before me, this thel VTR ICGROO NG 88 ED BY TRI-COUNTY sil 1 (T/s1-^ NotaryPublic ELECTRIC CTHECIT- y" 6r 1 015 TIVE,INC.IN THE CITY �°' OF SOUTHLAKE TEX- Texas. 1 a AS; DETERM{NING • au , THAT THE PRESENT RATES FOR ELECTRIC ;t SERVICE NEED TO BE DECREASE,. PROVID- ING DEC20 1988 MY COMMISSION EXPIRES f��'�-9/ ING THAT THIS ORDI- SHALLNANCE OF EA CU- MULATIVELL ORDINANCE,- PROVID- ING A SEVERABILITY { e ..— O--�. e CLAUSE• PROVIDING FOR ENGROSSMENT x Ti SEC.RETARY, AND ENROLLMENT,. EFFECTIVEIDATE.DING A All interested persons are for CURRENT CURRENT STA oorr ag ini Mtene item�ands�k , City of Southlake Sandra L.LeGrand City Secretary ON RECPT 12/09 — 12/09 CIT57 IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT.PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. A --TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ----f, ADVERTISING STATEMENT rortREMIT TO � P.O. BOX 99074•FORT WORTH, TEXAS 7619 ACCOUN 6252759 NUM ERT PAYMENT CIT57 DUE DATE ON RECPT PAGE 1 OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 16. 80 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED