HomeMy Public PortalAboutOrdinance No. 611-90 02-06-1990 ORDINANCE NO. 611
AN ORDINANCE AMENDING THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF RICHLAND HILLS, TEXAS AND
TEXAS UTILITIES ELECTRIC COMPANY; CONDITIONALLY
APPROVING REVISED RATE SCHEDULES AND SERVICE
REGULATIONS FOR TEXAS UTILITIES ELECTRIC COMPANY;
PROVIDING CONDITIONS UNDER WHICH SUCH RATE
SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED,
MODIFIED, AMENDED OR WITHDRAWN; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND AN EFFECTIVE DATE.
WHEREAS, on January 16, 1990, Texas Utilities Electric
Company filed with the Governing Body of this municipality
and simultaneously with the Public Utility Commission of
Texas a virtually identical Petition and Statement of Intent
with proposed changes in the rate schedules and service
regulations of said Company.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS, THAT:
I.
The rate schedules and service regulations of Texas
Utilities Electric Company if, as and when approved and set
by the Public Utility Commission of Texas pursuant to the
Petition and Statement of Intent filed by said Company with
the Public Utility Commission of Texas on January 16, 1990,
shall be hereby approved as the rate schedules and service
regulations under which said Company shall be authorized to
render service and to collect charges from its customers for
the sale of electric power and energy within the corporate
limits of this municipality until such time as said rate
schedules and service regulations may be changed, modified,
amended or withdrawn with the approval of the Governing Body
of this municipality.
II.
The aforesaid rate schedules and service regulations herein
approved shall be effective from and after the date the
Public Utility Commission of Texas orders said new rate
schedules and service regulations effective for Texas
Utilities Electric Company, provided that, in order to
effect uniform systemwide rates, changed rates may be
earlier placed in effect within this municipality to the
same extent that changed rates are earlier placed in effect
in all of the other areas served by Texas Utilities Electric
Company but only pursuant to an order of the Public Utility
Commission of Texas fixing interim rates or pursuant to a
• bond filed with the Public Utility Commission of Texas and
subject to refund to the same extent as authorized by
Section 43(e) of the Public Utility Regulatory Act.
III.
The filing of said rate schedules and service regulations
shall constitute notice to the consumers of electricity,
within this municipality, of the availability and
application of such rate schedules and service regulations.
IV.
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.
VI.
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 properly given.
VI.
SAVING CLAUSE. That, the franchise agreement with Texas
Utilities Electric Company, as amended, shall remain in full
force and effect, save and except as amended by this
ordinance.
VII.
SEVERABILITY CLAUSE. That it is hereby declared to be
the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this Ordinance
are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
invalid or unconstitutional by the valid judgement or decree
of any court of competent jurisdiction, such invalidity or
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 incorporation in this Ordinance of
any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
VIII.
EFFECTIVE DATE. This Ordinance shall be in full force
and effect from and after its passage and publication as
provided by the Richland Hills City Charter and the laws of
the State of Texas.
PRESENTED, GIVEN FIRST READING at a regular meeting of the
Richland Hills City Council on the 22nd day of January
1990.
PRESENTED, GIVEN SECOND READING AND APPROVED at a regular
meeting of the Richland Hills City Council on the 6th
day of February 1990; by a vote of five ayes, no
nays and no abstentions.
APPROVE
lit. ~ • , J
W. H. VINCENT, JR., MAYOR
ATTEST:
11~,-
PAULINE KEMP ITY SECRETARY
APPROVED AS TO FORM:
(i{J ~~~v L3c-
PAUL WIENESKIE, CITY ATTORNEY