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ORD 1999-04TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 1999-04 AN ORDINANCE APPROVING 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AN EFFECTIVE DATE THEREFOR, PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. On January 15, 1999, Texas Utilities Electric Company (hereinafter referred to as "TU Electric") filed with the Governing Body of this municipality a Statement of Intent and Application to implement within the corporate limits of this municipality proposed new rate schedules that provide additional rate options for its customers, which options are entirely voluntary on the part of the customer, namely its proposed Rate GTU-M - General Service Time -of -Use -Municipality, proposed Rate RTU1-M - Residential Tune -of -Use Service -Municipality, and proposed Rate GTUC-M -General Service Time -of -Use Voluntary Curtailable-Municipality (said three proposed new rate schedules hereinafter collectively referred to as the "Time -of -Use Rate Schedules"). SECTION 2. The Time -of -Use Rate Schedules are hereby approved, and TU Electric is authorized to render service and to collect charges as specified in the Time -of -Use Rate Schedules from its customers electing to receive electric service under said Time of -Use Rate Schedules within the corporate limits of this municipality until such time as said rate schedules may be changed, modified, amended or withdrawn with the approval of the Governing Body of this municipality. SECTION 3. The Time -of -Use Rate Schedules herein approved shall be effective from and after the final passage and approval of this Ordinance. SECTION 4. The filing of said Time -of -Use Rate Schedules shall constitute notice to the consumers of electricity within this municipality of the availability and application of such Time -of -Use Rate Schedules. SECTION 5. TU Electric shall not seek any additional rate or surcharge mechanism to recover any revenues lost on account of the application of these time -of -use rates, and there shall be no imputed revenues on account of any reduction in TU Electric's revenues that may result DOC #- 66=1624 - Page 1 from the application of these time -of -use rates. SECTION 6. The rate reductions approved by the Public Utility Commission of Texas in Docket No. 18490 shall be applied to the time -of -use rates approved herein, such that Rider RRD shall be applicable to Rate RTU1-M, Rider GSRD shall be applied to all customers taking secondary service under either Rate GTU-M designated as GTU-M-SEC or under Rate GTUC-M designated as GTUC-M-SEC, and Rider RD shall be applied to all other customers on Rate GTU-M or Rate GTUC-M. SECTION 7. In its next general base rate case in which the time -of -use rates herein approved are at issue, TU EIectric will either (a) include all customers taking service under Rate GTUC or GTUC-M during the test year involved in such base rate case as a separate rate class in its cost allocation study, or (b) include in its cost allocation study the load and revenue data applicable to each GTUC or GTUC-M customer taking service under Rate GTUC or GTUC-M during the test year involved in such base rate case with the load and revenue data of the rate class applicable to such GTUC or GTUC-M customer immediately prior to such customer's taking service under Rate GTUC or GTUC-M. In the event, however, that industry restructuring is mandated by legislative changes prior to the time that TU Electric has another general base rate case and such legislation authorizes the recovery by TU Electric of any stranded costs from its various customer classes in accordance with its last approved cost of service study, the customers then receiving service under the time -of -use rates will be included in the customer classes reflected in TU Electric's most recent cost of service study as follows: (A) Customers on Rate RTU1-M shall be included in Rate Class RTU; (B) Customers on Rate GTU-M shall be included in Rate .,Class HV, GP, or GS, depending upon the voltage level of the service, such that customers on Rate GTU-M receiving service at high voltages shall be included in Rate Class HV, customers receiving service at primary distribution voltages shall be included in Rate Class GP, and customers receiving service at secondary distribution voltages shall be included in Rate Class GS; and (C) Customers on Rate GTUC-M shall be included in Rate Class NI (Noticed Interruptible) depending upon the voltage level of the service, such that customers on Rate GTUC-M receiving service at high voltages shall be included in Rate Class NI (High Voltage), customers on Rate GTUC-M receiving service at primary distribution voltages shall be included in Rate NI (Primary), and Customers on Rate GTUC-M receiving service at secondary distribution voltages shall be included in Rate NI (Secondary). SECTION S. Customers who choose a Time -of -Use Rate shall have sixty days in which to elect to return to the rate the customer held immediately prior to choosing the Time -of -Use rate. If such an election is made, all billings during such sixty-day period will be recalculated at the rate the customer held immediately prior to choosing the Time -of -Use rate. The sixty day DOC #: 664624 - Page 2 time period will begin from the date the customer's rate changes to the Time -of -Use Rate. SECTION 9. 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 TU Electric. SECTION 10. 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 given as required. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 16th day of February , 1999. MxmL Town of Trophy Elub, Texas Mayor Pro Tem ATTES . Town Secretary( Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: i Towif Attorney Town of Trophy Club, Texas DOC #: 664624 - Page 3