82-06 O - Revision of Fuel Adjustment Clause for Texas Power and Light ORDINANCE NO.
411.
AN ORDINANCE REVISING THE FUEL ADJUSTMENT CLAUSE OF TEXAS
POWER AND LIGHT COMPANY IN THE CITY OF Sff, - , TEXAS,
UE PROVIDING FOR AN EFFECTIVE DATE FOR SUCH L ADJUSTMENT CLAUSE
RATE SCHEDULE, AND PROVIDING CONDITIONS UNDER WHICH SUCH FUEL
ADJUSTMENT CLAUSE RATE SCHEDULE MAY BE CHANGED, MODIFIED, AMENDED
OR WITHDRAWN.
WHEREAS, on December 4 , 1981 , the District Court of Travis
County, Texas, 200th Judicial District entered a final judgment
in favor of various cities and cooperatives served by Texas
Power and Light Company ("TP&L") and adverse to TP&L, a copy of
which is attached hereto as Exhibit A and incorporated herein for
all purposes; and
WHEREAS, the District Court in said judgment ruled that the
fuel adjustment clause used by TP&L and authorized by the Public
Utility Commission of Texas does not meet the requirements of
law; and,
410 WHEREAS, the City finds that the judgment and all included
findings and conclusions of the District Court shall be complied
with in all regards, and said judgment is hereby adopted and
approved; and
WHEREAS, TP&L did, on December 9 , 1981 , file a proposed fuel
cost factor tariff for service within the City of /Mz5/7EAL
("City" ) to become effective January 13 , 1982 , the operation of
which was suspended for a period of 120 days from January 13 ,
1982 ; and
WHEREAS, the City, having considered the attached proposed
modified fuel adjustment clause and procedure for approval of
payments to affiliates finds that the modified fuel adjustment
clause and procedure for approval of payment of affiliates should
be approved and construed in accordance with the attached final
judgment of the District Court;
NOW, THEREFORE, be it ordained by the City Council of the
City of ? sPf2-- , Texas:
410 SECTION 1 : That the fuel adjustment clause rate schedule
of Texas Power and Light Company is hereby amended in accordance
with Exhibit "B" , attached hereto and incorporated herein for all
purposes. Such fuel adjustment clause is the one under which
TP&L shall be authorized 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 fuel adjustment clause
rate schedule may be changed, modified, amended, or withdrawn,
with the approval of the City Council.
SECTION 2 : Such fuel adjustment clause rate schedule, 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 : That the action of the City Council of the
City of PjapSPE72 enacting this ordinance constitutes, on the
date of its final- passage, a final determination of the fuel
adjustment clause rate of Texas Power and Light Company within
the City of 15°,40SpE2 in accordance with Section 43 (e) of
the Public Utility Regulatory Act.
SECTION 4 : That the final judgment of the District Court
of Travis County, Texas, 200th Judicial District, attached hereto
as Exhibit "A" is hereby approved and adopted. The attached
ifter
modified fuel adjustment clause and procedure for approval of
payments to affiliates shall be construed in accordance with said
final judgment.
SECTION 5 : Nothing in this ordinance shall be construed
now or hereafter as limiting or modifying, in any manner, the
right or power of the City under the law to regulate the rates
and charges of Texas Power and Light Company.
SECTION 6 : The rule providing for the reading of an
ordinance on three separate days is hereby suspended and this
ordinance shall become effective as provided by the Charter of
the City of t j�Os pry
PASSED AND APPROVED at the (regular/.spe 4a-l) meeting of the
City Council of the City of 50c/3:, , Texas, this ,4 day of
U ,V f , 1982 .
Mayor
ATTEST:
City Secretar
(City Seal)
410
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