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Ord 052-93 5/18/1993 ORDINANCE NO. .5 -€15 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS REVISING THE RATES OF TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING FOR CONDITIONS AND REPEAL OF CONFLICTING ORDINANCES; DECLARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, on January 22, 1993, Texas Utilities Electric Company (TUEC or Company) filed with the City of Wichita Falls a request for an increase in electric utility rates to be charged within the city in the amount of $760,253,740 per annum on a systemwide basis; and, WHEREAS, the City, having suspended the effective date of such proposed increase until May 27, 1993, and having considered the same after reasonable notice and public hearing, is of the opinion and finds that the rates of TUEC should be adjusted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That the rates, tariffs, and charges of TUEC for electric power and energy sold within the City be revised to increase annual revenues by $180, 000, 000 on a Texas retail basis. Such Schedules of Rates, as are approved in accordance herewith, are those under which said Company shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended, or withdrawn, with the approval of the City Council. SECTION 2 . That the rates approved hereby fix the overall revenues of the Company at a level which will permit TUEC a reasonable opportunity to earn a reasonable return on its invested capital used and useful in rendering service to the public over and above the Company's reasonable and necessary operating expenses. The rates approved hereby are just and reasonable. SECTION 3 . That the rates approved hereby shall be effective and in force as of the date hereof for consumption as of the date hereof and shall be charged and observed thereafter until revised according to law. Billings for periods of consumption which include consumption both under the Company's existing rate and the rate established hereby shall be prorated, based on the days within each such period, as though daily consumption was equal on each day throughout both such periods. SECTION 4. That TUEC shall file with the City within ten (10) days hereof a revised Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges based upon such increase in total operating revenues as prescribed herein. The rate design implemented by such schedules and tariffs shall be in accord with the existing rate design and shall reflect an equal total revenue percentage increase across all customer classifications. Such Schedule of Rates and Tariffs may be modified or amended by the City Council within ten (10) days from the date of filing with the City, otherwise the same shall be considered approved as filed. SECTION 5. Notwithstanding any other provision herein contained, the rates of TUEC within the City of Wichita Falls 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 Wichita Falls than are collected by TUEC within unincorporated areas. SECTION 6. That the action of the City Council of the City of Wichita Falls enacting this ordinance constitutes, on the date of its final passage, a final determination of rates for TUEC within the City of Wichita Falls, in accordance with §43 (e) of the Public Utility Regulatory Act. SECTION 7. 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 8. That all ordinances, resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. SECTION 9. The fact that the current pending rate request by TUEC will go into effect as filed on May 27, 1993, unless this ordinance takes effect immediately upon passage creates an urgent public necessity, requiring that the charter provision delaying the passage of any ordinance for thirty (30) days be hereby suspended. SECTION 10. 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. PASSED AND APPROVED this the 18th day of May, 1993 . A Y R ATTEST: City erk Affidavit of Publication THE STATE OF TEXAS A d 517467 ORDINANCE NO.52-93 COUNTY OF WICHITA A ORDINANCE OF THE CITY ( COUNCIL OF THE CITY OF WICHITA FALLS REVISING THE Jere) RATES OF TEXAS UTILITIES ELEC- 27 t Il M ay TRIC COMPANY; PROVIDING On this day of FOR CONDITIONS AND REPEAL OF CONFLICTING ORDINANCES; 1993 DECLARING AN EMERGENCY; AND FINDING AND DETERMIN- A.D. personally appeared before me, the undersigned authority ING THAT THE MEETING AT WHICH THIS ORDINANCE WAS D a r i c e Ming PASSED WAS OPEN TO THE PUB- bookkeeper LIC AS REQUIRED BY LAW. ORDINANCE MAKING -93 for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls PROPRIATION IN THE GENERAL ORDINANCE MAKING AN AP- FUND FROM GRANT REVENUE Times/Record News, a newspaper published at Wichita Falls in Wichita County, RECEIVED FROM THE TEXAS STATE DEPARTMENT OF HIGH- Texas, and upon being duly sworn by me, on oath states that the attached WAYS AND PUBLIC TRANSPOR- TATIQN FOR PURPOSES OF A advertisement is a true and correct copy of advertising published SELECTIVE TRAFFIC ENFORCE- MENT PROGRAM(S.T.E.P.) ORDINANCE NO.54-93 In one e ( 1) issues thereof on the following dates: ORDINANCE MAKING AN AP- PROPRIATION IN THE GENERAL May 2 7! 1993 FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DE- PARTMENT OF HEALTH AND AUTHORIZING THE CITY MAN- AGER TO EXECUTE CONTRACT ACCEPTING SAME Bookkeeper for Times Publishing Company of Wichita Falls (SEAL) Subscribed and sworn to before me this the day and year first above written. 1•w3.'w4. 4� '.LY.'4h+^i�A'A •iI S°'A,wr .ya.p, ; ' ; I, a