O52ORDIN'1.NCE NO. 57
AN ORDINANCE APPROVING TARIFF SCHEDULES OF TEXAS
UTILITIES F,LECTRIC CODIPANY AND PROVIDING AN EFFECTIVE
DATE THEREOF; PROVIDING CONDITIONS UNDER WHICIi SUCH
TARIFF SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR
WITHDRAWN; PROVIDING THAT TIiIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAS~7.
WHEREAS, the City of Kennedalc, Texas is a Type A General Law
Municipality located in Tarrant County, created in accordance with
the provisions of Chapter 6 of the Local Government Code and
operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, on June 6, 1994, Texas Utilities Electric Company
filed with the Governing Body of this municipality, and
simultaneously with the Public Utility Commission of Texas,
virtually identical Petitions and 5Latements of Intent proposing
to implement four new tariff schedules: Rider ED - Economic
Service; Rate GC - General Service Competitive Pricing; Rate WPC -
Wholesale Power Competitive Pricing; and Rider ET - Environmental
Technology Service.
WHEREAS, pursuant to the Public Utility Regulatory Act,
Article 1446(c) V.A.T.S. §17 (a) City of Kennedale has exclusive
original jurisdiction to regulate the rates, operations and
services of electric utilities within its corporate limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Or THE CITY
OF KENNEDALE, TEXAS:
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SECTION 1.
The said tariff schedules of Texas Utilities Electric Company
are hereby approved for application within the corporate limits of
this municipality, said tariff schedules to be so applicable until
such time as said tariff schedules may be changed, modified,
amended or withdrawn with the approval of the Governing Body of
this municipality.
SECTIOAI 2.
The aforesaid tariff schedules herein approved shall be
effective from and after the final passage of this Ordinance.
SECTION 3.
The filing of said tariff schedules shall constitute notice
to the consumers of electricity, within this municipality, of the
availability and application of such tariff schedules.
SECTION 9.
Nothing in this Ordinance contained shall be construed now or
hereafter as limiting or modifying in any manner, the right and
power of the Governing Body of this municipality under the law to
regulate the rates, operations, and services of Texas Utilities
Electric Company.
SECTION 5.
It is hereby officially found and determined that the meeting
at which this Ordinance is passed is open to the public and as
required by law and that public notice of the time, place and
purpose of said meeting was given as required.
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SECTION 6.
This ordinance shall be cumulative of all provisions of
ordinances in the City of ICennedale, 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 incoz'poration in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION Fs.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
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PASSED AND APPROVED ON THIS 21st DAY OF JULY, 1994.
APPROVED:
i
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Mayor Bill Abbott
ATTEST:
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Kathy Tur r, City Secretary
APPROVED AS TO FORM AND LEGALITY:
W ~G 0,~~,~--
City Attorney
DATE: 7 ~~~ i~
ADOPTED: JULY 21, 1994
EFFECTIVE:
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