91-03 O - Denton County Co-Op Rate Increase •
ORDINANCE NO. -
AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY
DENTON COUNTY ELECTRIC COOPERATIVE, INC. IN THE CITY OF
PROSPER, TEXAS: PROVIDING FOR SEVERABILITY: PROVIDING A
REPEALER: AND DECLARING AN EMERGENCY.
WHEREAS, on or about December 4, 1990, Denton County Electric
Cooperative, Inc . (the "Cooperative") filed with the City of
Prosper (the "City") , pursuant to the requirements of the Public
Utility Regulatory Act, a statement of intent to change its rates
system wide and a petition for authority to change rates
requesting the City to improve implementation of the change in
rates within the corporate limits of the City; and
WHEREAS, the Cooperative filed with the Public Utility
Commission of Texas the same statement of intent and a petition
for authority to change rates requesting the Commission to approve
implementation of the change in rates within areas in the original
jurisdiction of the Commission; and
WHEREAS, the Cooperatives request to the Public Utility
Commission has been thoroughly investigated by the Public Utility
Commissions staff and intervenors including the incorporated
municipalities of Lewisville, Carrollton, Plano, Double Oak, and
Flower Mound; and
WHEREAS, all parties to the Public Utility Commission
proceedings considering the Cooperatives rate request have settled
and compromised all issues and requested commission approval of
the tariff, including rate schedules, accompanying this Ordinance;
and
WHEREAS, the City finds the tariffs and schedules of rates
attached to this ordinance to be reasonable and lawful;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PROSPER, TEXAS:
SECTION I .
The tariff sheets attached hereto and made a part hereof are
approved for implementation within the City effective April 1,
1991. Such tariffs shall apply to all electric service rendered
on and after April 1, 1991 . The tariffs, including rate
schedules, herein approved, shall continue in effect until
changed, modified, amended, or withdrawn in accordance with
applicable laws .
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SECTION II .
The enactment of this Ordinance constitutes, on the date of
its final passage, a final determination of rates for the
Cooperative within the City in accordance with Section 43 of the
Public Utility Regulatory Act.
SECTION III .
Nothing in this Ordinance contained shall be construed now or
hereafter as limiting or modifying, in any manner, the authority
of the City to regulate rates and charges of electric utilities .
SECTION III .
If any section, sentence, clause or phrase of this Ordinance
is for any reason held to be unconstitutional or otherwise invalid
or unenforceable by a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining section,
sentences, clauses, or phrases of this Ordinance or the Ordinance
as an entirety, it being the legislative intent that the
provisions of this Ordinance are separable and that the Ordinance
shall continue in effect notwithstanding the invalidity of such
section, sentence, clause or phrase.
SECTION IV.
That all ordinances, resolutions, or parts thereof, in
conflict herewith are repealed to the extent of such conflict.
SECTION V.
It being for the public welfare that this Ordinance be
passed, creates an emergency and public necessity, and the rule
requiring this Ordinance be read on three ( 3) separate occasions
be, and the same is hereby waived, and this Ordinance shall now be
placed on its third and final reading for passage, and shall be in
full force and effect from and after its passage and approval.
SECTION VI .
The City clerk or other officer of the City is hereby
directed to certify a copy of this Ordinance and send it to the
Cooperative.
PASSED AND APPROVED by a vote of in favor to I
opposed on this the /`/, day of Z; , 1991 .
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City of P sper.
By:
Title:
ATTEST:
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