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0588 ORDINANCE NO. fY~ AN ORDINANCE APPROVING THE PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS OF TRI-COUNTY ELECTRIC COOPERATIVE WITHIN THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE THEREFOR; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section $ of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in accordance with Section 17(a) of the Public Utility Regulatory Act (Article 1446c, Vernon's Annotated Civil Statutes), and its City Charter, the City of Southlake currently exercises exclusive original jurisdiction over electric utility rates, operations, and services; and WHEREAS, on April 22, 1993, Tri-County Electric Cooperative filed with the City of Southlake an Application and Statement of Intent, together with its rate filing package, proposing to change the rate schedules and service regulations of said company within the City of Southlake; and WHEREAS, on May 4, 1993, the City of Southlake adopted Resolution 93-32, suspending the proposed changed rate schedules and service regulations of Tri-County Electric Cooperative for a period of ninety days from May 28, 1993, in order to allow the City Council sufficient time for the consideration of the voluminous data filed by said company; and WItEREAS, the City Council of the City of Southlake, after having thoroughly considered the matter, is of the opinion that the proposed rate schedules are reasonable SL\e lect r il.ord(071593) -l- and that the best interests of the City and the citizens will be served by the approval of the proposed rate changes and service regulation changes. NOW, TItEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TItE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That thc Application and Statement of Intent to change rate schedules and service regulations filed by Tri-County Electric Cooperative with the City of Southlake on April 22, 1993, is hereby approved as thc rate schedules and service regulations under which said company is authorized to render service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of thc City of Southlake until such time as such rate schedules and service regulations may be changed, modified, amended or withdrawn with the approval of the City Council of the City of Southlake. SECTION 2 The rate schedules and regulations herein approved shall be effective from and after the date the Public Utility Commission of Texas orders said new rate schedules and service regulations effective for Tri-County Electric Cooperative. SECTION 3 The filing of said rate schedules and service regulations with the City Secretary shall constitute notice to the consumers of electricity within the City of Southlake of the availability and application of said rate schedules and service regulations. SECTION 4 Nothing in this ordinance shall be construed now or hereafter as limiting or modifying in any manner the right and power of the City Council, under statute or charter, to regulate the rates, operations, and services of Tri-County Electric Cooperative. SL\elcct ril.ord(071593) -2- SECTION 5 It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required by law. SECTION 6 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 provisions of such ordinances are hereby repealed. SECTION 7 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8 This ordinance shall be in full force and effect from and after its passage, and it is so ordained. SL\elect ril.ord(071593) -3- PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1993. '-~ - ~' ¢ L * %',, .e~ ~? ............ .? % ~: '~.~ :~,~ ............ ,M;'AYOR /// PASSED AND APPROVED ON SECOND READING ON THIS 1993. ~ DAY OF ATT.~ST: . QITY SECRE~FARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ~r ~ ADOPTED: ~,'~.1~-.~./tq ~_~ EFFECTIVE: SL\elect ril.ord(071593) -4- Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 r 1'r rinW STATE OF TEXAS 1. AUG 24 1993 41/1 . ity of Tarrant -- -T— Before me, a Notary Public in and for said County and—Sta-te-i—this day personally appeared RITA CORONA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram 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 : DATE AD INVOICE NO.i DESCRIPTION AD SI2C ` F ' AUG 06 2519281CL . 358 1X37 L 37 . 43 15 . 91 aug6 P . O. # ORD588 AN ORDINANCE APPROV- ING THE pPROPOSSED SERTVICECHREGUULATIONS TTRICRI COONPTERATEVE WITHIN HE CITY OF SOUTHLAKE•PROVIDIN AN EFFECTIVE DAT AND DETERRAAININGTHA THE MEETING AT WHICH THIS ORDINANCE WAS _. PASSED 'Ora TO fj,,...b.L..) BS'CRIBED AND Sh THE PUBLIC R RE- QUIRED YLAW•P OVID- SIGNED ING THAT THIS ORDI- NANCE SHALL BE cuMULATIVEOFALL R- ME, T IS THE 9t DAY OF AUGUST 1993 0 FINANCES•PROVIDIN A NOTARY PUBLIC`/� SEVERABILITY CLAU EE AND PROVIDING AN F= FEC5TIVE DATE. .�- 'WT HE4Cq+ITYC U COIL DF THE CITY o� s�OUTH- TARRANT COUNTY, TEXAS LAKE AEIIGUSTTHE 3RD DAY Gary Flckes,• 993 Mayor of Southlake „'- �� RY O Sandra L.LeGrand, Al- aa�� SUE A. RUSSELL City Secretary T 1 n'+, orovK Is to form, Cr ; 1 Q i�i.�'SS Oi 1 EXPIRES Eit »oicwv 'c:•. /� OCIOBER 27, 1993_ h -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT REMIT TO : 400 W. SEVENTH, FW, TX 76102 Fortt h �r-Tel r "• 7'�'i �u. /- XX(41X�@9Q 9GX+1(%QI��PX�X k�KAF�X�F(1X1-zosl 2 51 e g a rn NUMBERT C I T 5 7 AMOUNT 15.91 1 1 PAGE OF S CITY OF SOUTHLAKE - ORIGINAL 667 N CARROLL AVE PLEASE PAY SOUTHLAKE TX 76092 9595 THIS AMOUNT 15 . 91 ATTN : FAXED PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 IliSTATE OF TEXAS ity of Tarrant efore me, a Notary Public in and for said County and State, this day personally appeared Janet Saltsgiver Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram 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 : DATE AD INVOICE NO. DESCRIPTION AD SIZE ITOTA NCH/ANE RATE AMOUNT L JUL 23 2509200 CL . 358 1X41 L 41 . 52 21 . 50 July 23 NOTICE OF PUBLIC HEAR- ING NOTICE IS HEREBY i GIVEN TOALL INTEREST-i ED PERSONS that th Clty: Council of the City ofth-' lake Tex s,willllabe holding a pm eltln9w�Il�Inbeheld7lntheCTlttyy Council Chambers of Ity Hall, 7 North Carroll Ave- nue, thiake, Texas. The Ppurpose pf the public heearing s tococcnngs�ider the following or- dInIRDINANCE N �ggp ArN OR HEACPRO SED _. _... _.. RAPE SCHUDULES AND SERVICE REGULATIONS TR TRI-COUNTY FLEC- t( ` TRIO COOPERATIVE fv� I WITHIN THE CITY NOF G �/ / Curft•v SOUTHLAK PROVIDING' `>n, 0 AN EFFE YIVE NDATE B CRIBED AND SWORN TO ANiD TEORRMININ'GTIH"CCAATT IS THE 31st DAY OF July, 1993 PAS E RWAS OTE WTOIIi NOTARY PUBLIC 4 THE PUBLIC AS RE- NG THAT-MS ORDI' TARRANT COLNTY, TEXASNMULEATIVOLALLABRE- ►"M 'lI""' EVARCAESLPTRYOVDADA 1/4 RUSSELL AND PROVIDING AN F- FECTIVE DATE. SION EXPIRES_ City pf Southlake,Texas Sandra L.LeGrand R 21, 1993 City Secretary( TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT REMIT TO : 400 W . SEVENTH, FW , TX 76102 Port WorthStar-Telegram P E`��T TO: it. . X�X1xNX�RR�xxl��7��11 2051 2509200 NUMBERACCOUNT CIT57 AMOUNTDVE 21. 50 PAGE 36E 1 S CITY OF SOUTHLAKE - ORIGINAL 667 N CARROLL AVE IPLEASEPA Y SOUTHLAKE TX 76092-9595 THIS AMOUNT 21 . 50 \ ATTN : PLEASE WRITE IN AMOUNT ENCLOSED