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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PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.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this municipality until such time as said rate schedules and service regulations may be changed, modified, amended or withdrawn with the approval of the Governing Body of this municipality.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