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Ord 3539 9/18/1979 ORDINANCE NO. �� AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS ELECTRIC SERVICE COMPANY IN THE CITY OF WICHITA FALLS, TEXAS, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES, AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN. WHEREAS, on May 17 , 1979, Texas Electric Service Company filed with the City of Wichita Falls a request for an increase in rates to be charged within the City in the amount of approx- imately $87 million per annum on a systemwide basis, an increase of approximately 16. 1%; and, WHEREAS, the City having suspended the effective date of such proposed rate increase from June 21, 1979, and having con- sidered the same at a public hearing, is of the opinion and finds that an increase in rates should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. An increase in the rates, tariffs and charges of Texas Electric Service Company for electric power and energy sold within the City be approved in an amount such that the ad- justed total systemwide operating revenues for the Company be increased $14, 558 , 000 per annum, based on the adjusted test year ending March 31, 1979, which constitutes an increase of approximately 2.74%. Such Schedule 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within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended or withdrawn, with the approval of the Board of Aldermen. SECTION 2. Texas Electric Service Company shall, within 10 days from the final passage of this Ordinance, file with the City a revised Schedule of Rates and Tariffs setting forth those rates, tariffs and charges based upon an increase in total oper- ating revenues as prescribed herein. Such Schedule of Rates and f Tariffs may be modified or amended by the Board of Aldermen of the City of Wichita Falls within 20 days from the final passage of this Ordinance, otherwise, same shall be considered approved as filed. Such Schedule of Rates and Tariffs, as same may be modified or amended, shall be effective from and after final passage of this Ordinance and shall apply to all power and energy used by each customer after the final passage of this Ordinance. SECTION 3. The action of the Board of Aldermen of the City of Wichita Falls enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for Texas Electric Service Company within the City of Wichita Falls in accordance with Section 43 (e) of the Public Utility Regulatory Act. SECTION 4. 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 reg- ulate the rates and charges of Texas Electric Service Company. SECTION 5. The fact that a final determination of this matter needs to be made before September 19, 1979, or other- wise Texas Electric Service Company may place into effect under bond the higher rates which they have requested, creates an emergency, and this ordinance is declared to be an emergency measure which shall become effective upon its passage. PASSED AND APPROVED this the 18th day of September, 1979. M A Y O R ATTEST: City C erk -2-