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2000-068 ORDINANCE NO dO0~- 0~ AN ORDIN CE SVSPE TNU ELECT C COM A 'S FILINC PURSUANT TO SUBSTANTIVE RULE 25 241 REQUESTING REVISIONS TO 27 OF ITS RETAIL RATES/RIDERS FOR SALES OF ELECTRIC SERVICE TO ITS CUSTOMERS IN THE CITY OF DENTON, TEXAS FILED ON JANUARY 25, 2000, FOR 90 DAYS BEYOND THE EFFECTIVE DATE TO PERMIT THE CITY TIME TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE PROPOSED CHANGES, ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE, PROVIDING THE REASONS THEREFORE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on January 25, 2000, TXU Electric Company, hereinafter referred to as "TXU" filed with the City its TXU Electric Company's Tariff Filing Pursuant to Substantive Rule 25 241, requesting revisions to 27 of its retail rates/riders to modify, close, or delete certmn existing tariffs effective March 1, 2000, and WHEREAS, it is reasonable for the City to review TXU's application to allow sufficient time for the City to determine how to address the company's filing, and WHEREAS, PURA Section 36 108(a)(1) grants the local regulating authority the right to suspend the effective date of proposed rate changes for up to 90 days, and WHEREAS, the City Council has determined that TXU's proposed tariff fihng which would revise 27 of xts retml rates and riders to its customers within the City should be suspended to a future date, to wit to a time 90 days after the proposed effective date &March 1, 2000, for the following reasons 1 That the City Council of the City of Denton is charged with the duty of making a "reasonable determination" of rate base, expense, investment, and rate of return wltlun the municipal boundaries of Denton, 2 That Section 13 04(a) of the City Charter imposes a duty on the City Council to determine, fix, and regulate the charges, fares, or rates of all public utilities operating w~thm the City, 3 The City Council has not had sufficient time to analyze and study the proposed changes m tariffs and needs additional time to study, review, and make recommendations concermng the proposed changes, and 4 That the City Council may, in order to reach a determination of the justness, reasonableness, and propriety of such rate change, decide it will be necessary to employ rate experts to investigate and analyze such proposed rates and to advise and report to the City Council their findings concerning the proposed changes in tariffs, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That, m accordance with §36 108(a)(1) of the UtthUes Code (1999) and all other applicable laws, the proposed change m tariffs by TXU of the rates for electric services an the C~ty be, and the same ~s hereby suspended for a period of 90 days after March l, 2000, the date on which the schedule of proposed change m tariffs would otherwise have gone into effect, or until May 30, 2000 to permit adequate time to rewew and study the proposed changes SECTION 2 That the Caty Manager ~s hereby d~rected to send a copy ofth~s ordinance, which shall constitute a written statement of the C~ty of Denton's reasons for suspending the operation of the revasion of these rates, to officials of TXU SECTION 3 That all of the declarations and findings contained m the preamble to this ordinance are made a part hereof and shall be fully effective as a part of the ordmned subject matter of thxs ordinance SECTION 4 That should any portion, section, or part of a secUon of th~s ordinance be declared invalid, inoperative, or void for any reason by a court of competent junsdlchon, such decision, opinion, or judgment shall an no way lmpmr the remalmng portions of this ordinance, which smd remmmng prowslons shall be and remmn in full force and effect SECTION 5 That th~s ordinance shall take effect and be ~n force from and after its passage, and it is so ordained o, , 000 JACI~.~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY A~OVED AS TO LEGAL FORIVl HERBERT L PROUTY,.C~Y AT..T-~EY Page 2