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1994-189E:\NPDOCS\ORD\RATE.TU AN ORDINANCE APPROVING NEW RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND DECLARING AN EMERGENCY. WHEREAS, on June 6, 1994, Texas Utilities Electric Company filed with the city of Denton and simultaneously with the Public Utilities Commission of Texas, its Petition and Statement of Intent proposing four new rate schedules for application within Texas Utilities Electric Company's Certified Service Area in the city of Denton on July 11, 1994; and WHEREAS, the city of Denton suspended the proposed effective date of said proposed new rate schedules as permitted by Section 43(d) of the Public Utility Regulatory Act; and WHEREAS, the city of Denton, after having considered the pro- posed new rate schedules and the data supporting same at a public hearing, is of the opinion and finds that the four new rate schedules of the Texas Utilities Electric Company within Texas Utilities Electric Company's Certified Service Area in the City of Denton should be approved upon approval by the Public Utilities Commission; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. To the extent that the new rate schedules proposed by Texas Utilities Electric Company are approved 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 June 6, 1994, those Public Utility Commission approved rates are hereby approved for application within the Texas Utilities Electric Company's Certified Service Area in the city of Denton to be so applicable until such time as said rate schedules may be changed, modified, amended or withdrawn by the city of Denton. SECTION II. That the aforesaid new rate schedules herein approved shall be effective from and after the date the Public Utility Commission of Texas orders said new rate schedules effective for Texas Utilities Electric Company, provided that, in order to effect uniform system-wide rates, new rates may be earlier placed in effect in the Texas Utilities Electric Company's Certi- fied Service Area of the city of Denton to the same extent that new 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. SECTION III. That the filing of the new rate schedules shall constitute notice to the consumers of electricity, within the Certified Service Area of Texas Utilities Electric Company located in the city of Denton, of the availability and application of such rate schedules and service regulations. SECTION IV. That nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the City of Denton under the law to regulate the rates, operations, and services of Texas Utilities Electric Company. Nothing herein shall be deemed to waive the authority of the City of Denton pursuant to Section 42 of the Public Utility Regulatory Act, as presently worded or as it may hereinafter be amended. SECTION V. That 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 the public notice of the time, place, and purpose of said meeting was given as required. SECTION VI. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~L~ day of ~~C_~ , 1994. ATTEST: BOB CASTLEBERRY, MAYOR/ ~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2