1980-002RESOLUTION NO. 80 -
CITY OF'SOUTHLAKE, TEXAS
,
WHEREAS, on October 2, 1979, Tri -County Electric
Cooperative, Inc., filed with the City of Southlake, Texas,
a Statement of Intent to change its residential service fees,
WHEREAS, the said Statement of Intent reflected an
effective date of September 1, 1979, some thirty days prior
to filing with the City Council,
WHEREAS, the Public,Utility Regulatory'Act, Article
1446c, Section 43(a), V.A.C.S., requires the Utility to file
its Statement of Intent with the City Council at least thirty-
five days prior to the effective date of the proposed change,
WHEREAS, November 6, 1978, is the earliest possible,
"effective" date that Tri -County Electric Cooperative, Inc.,
could have requested in their Statement of Intent filed Octo-
ber 2, 1979, and the City Council considers November 6, 1978,
the earliest, "effective" date, and
WHEREAS, pending hearings on said application and the
future decision of the said City thereon and while such matter
is pending, the said City, through its City Council, deems
it in the best interest of the City and its citizen customers
of said Utility that the operation of any proposed service fee
change, in whole or in part, of the said Utility be suspended
until final action of said City Council on said rate change
request, or March 5, 1980, whichever event occurs first;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTHLAKE,
TEXAS:
That the effective date of any change in the service
fee schedule of Tri -County Electric Cooperative, Inc., within
the City of Southlake, Texas, existing prior to September 1,
1979, be and the same is hereby suspended until final action
of said City Council on the said rate change request, or March
Y; 5, 1980, whichever event occurs first;
r
That such suspension shall be effective upon delivery
RESOLUTION NO. 80- - Page One -
1
of a copy of this resolution to Tri -County Electric Cooperative,
Inc., after delivery of the written reasons for such suspension
which are attached hereto for reference purposes;
That during the period of suspension as above provided
the rates in force prior to the filing of the present rate in-
crease application by Tri -County Electric Cooperative, Inc.,
shall continue in effect; and BE IT FURTHER RESOLVED:
T
That the City Secretary is hereby authorized and di-
rected to deliver a copy of this resolution to said utility
company after delivery of the written reasons therefor, such
delivery to be by certified mail, return receipt requested,
or by personal delivery.
ADOPTED AND APPROVED this 15th day of January, 1980.
Mayor
ATTEST:
City Secretary
RESOLUTION -NO. 80- - Page Two -
FINDINGS OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS
CONCERNING REASONS FOR SUSPENSION OF ANY CHANGE IN
FEE SCHEDULE OF TRI -COUNTY ELECTRIC COOPERATIVE, INC.
The reasons of the City Council of the City of Southlake,
Texas, for the consideration and passing of Resolution Number
80 -.,which reasons were adopted by the said City Council
prior to the actual passage of such Resolution, are as follows:
I. The Statement of Intent filed by Tri -County Electric
Cooperative, Inc., on October 2, 1979, set forth September 1,
1979, as the "effective" date of its rate changes in fees.and,
in accordance with Section 43(a), Article 1446c, V.A.C.S., of
the Public Utility Regulatory Act, the earliest possible date
that could have been requested by the said Utility was November
6, 1978.
II. One councilmember on the City Council had an extended,
excused absence from the council meetings and was unable to
participate in rate hearings.
III. The application of the Utility was filed soon prior
to the holiday season and the Council feels many of the citi-
zens of the City of Southlake, Texas, were,therefore,unable to
attend and participate in rate hearings, and the Council believes
that approximately 49 days or more will be needed for adequate
review of the matter by the Council itself, its attorney and
the conducting of public hearings.
IV. It will be necessary and proper for the citizens of
the City of Southlake, Texas, to engage in public hearings
and hear discussions both by the regulatory body and Utility
rate hearings.
V. Eased on the preliminary review -of the information
on hand by the said City Council, the City Council is of the
present opinion that there is insufficient information to pass
on a rate change and at least 49 days will be necessary to
obtain such information.
FINDINGS
- Page One -
The above findings made by the.City Council of the
City of Southlake, Texas, this 15th day of January, 1980.
10
Mayor
ATTEST : '
City Secretary
FINDINGS - Page Two -