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CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2561

An Ordinance Adopting Oncor Electric Delivery Company LLC Tariff Section 6.3.16 - Agreement For Underground Facilities And Cost Recovery; Requiring Delivery Of This Ordinance To The Company; And Ordaining Other Provisions Related To The Subject Matter Hereof.

Whereas, the City of Sulphur Springs, Texas (”City”) is a regulatory authority under the Public Utility Regulatory Act (”PURA”), Texas Utilities Code Title 2, and has original jurisdiction over the distribution utility rates and services of Oncor Electric Delivery Company LLC (”Electric Delivery” or “Company”; and

Whereas, the City has the authority under PURA §§33.001(a) to approve rate tariffs; and

Whereas, the City is a member of the Steering Committee of Cities Served by Oncor (”Steering Committe”) and pursuant to a settlement agreement between the Steering Committee and Electric Delivery, Company agreed to develop and file a tariff in conjunction with the Steering Committee that would permit the undergrounding of new oor existing distribution facilities in situations where a third party is not otherwise required under Company’s tariff or applicable city ordinance to either pay for or reimburse Company the costs of such improvements; and

Whereas, Tariff Section 6.1.1.16 - Rider Underground Facilities Cost Recovery Factor (”UFCRF”) was formally passed and adopted by the City Council of the City of Sulphur Springs, Texas on the 5th day of February, 2008; and

Whereas, on or about May 14, 2009 the Company filed its Statement of Intent pursuant to PURA Section 36.102 to implement Tariff Section 6.3.16 - Agreement for Underground Facilities and Cost Recovery (”Agreement”); and

Whereas, the Company provided appropriate public notice of the proposed Tariff changes in accordance with PURA Section 36.103; and

Whereas, on July 7, 2009, a public hearing was held, at which time the Company was given an opportunity to address the City Council regarding Tariff Section 6.3.16 - Agreement; and

Whereas, PURA Section 32.101 provides that the tariffs thus ordered by the regulatory authority constitute the legal rates of the utility until changed as provided by PURA; and

Whereas, after affording reasonable notice and hearing to the Company, it is the City’s opinion that the Company’s proposed Tariff Section 6.3.16 - Agreement is reasonable;

Now, Therefore, Be It Ordained By The City Council Of The City Of Sulphur Springs, Texas:

Section 1. That the Company filed an appropriate Statement of Intent pursuant to PURA Section 36.102, and that public notice of the proposed Tariff revisions was given to the public by the Company in accordance with PURA Section 36.103(a).

Section 2. That the Company was given reasonable notice of the hearing held on July 7, 2009, and the Company has a reasonable opportunity to show to the City that Tariff Section 6.3.16 - Agreement set forth on Attachment “A” to this Ordinance, is just and reasonable.

Section 3. That Tariff Section 6.3.16 - Agreement, which as Attachment “A” is incorporated herein as if it were fully set forth herein, results in just and reasonable rates and is hereby approved.

Section 4. That the existing rates, service charges and tariff language not inconsistent with Section 3 and Tariff Section 6.3.16 - Agreement remain in effect.

Section 5. That the City is authorized to intervene in any appeal of the City’s action filed at the Public Utility Commission of Texas and to otherwise participate in any litigation associated with the Company’s Tariff Section 6.3.16 approved herein.

Section 6. That a copy of this Ordinance shall be sent to the Company, care of Autry Warren, Sr. Director - Transmission & Municipal Relations, Oncor Electric Delivery Company LLC, 1601 Bryan Street, Suite 23-045C, Dallas, Texas 75201.

Section 7. That this Ordinance shall become effective immediately after it passage, as the law and charter in such cases provide.

Section 8. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required.

Duly Passed and approved by the City Council of the City of Sulphur Springs, Texas, on this ___ day of ______, 2009.

Approved:

Gary Spraggins, Mayor

Attest: Gale Roberts, City Secretary

A public hearing will be conducted for the final reading of Ordinance No. 2561, on Tuesday, August 4, 2009, at the Municipal Building, 7:00 PM.

Attachment “A” is available for public inspection Monday through Friday during regular business hours (8am-5pm) at the City Secretary’s office at City Hall.

_______________

LEGAL NOTICE:

This Texas Lottery Commission Scratch-Off game will close on August 15, 2009. You have until February 11, 2010, to redeem any tickets for this game: #1130 Extreme 8’s ($5) overall odds are 1 in 4.11. This Texas Lottery Commission Scratch-Off game will close on August 31, 2009. You have until February 27, 2010, to redeem any tickets for this game: #1035 2 Times Lucky ($2) overall odds are 1 in 4.32. These Texas Lottery Commission Scratch-Off games will close on September 23, 2009. You have until March 22, 2010, to redeem any tickets for these games: #1079 3 of a Kind ($5) overall odds are 1 in 3.83, #1100 Find the 9’s ($1) overall odds are 1 in 4.60, #1107 Poker Face ($1) overall odds are 1 in 4.93, #1140 Bust the Bank ($5) overall odds are 1 in 3.88. The odds listed here are the overall odds of winning any prize in a game, including break-even prizes. Lottery retailers are authorized to redeem prizes of up to and including $599. Prizes of $600 or more must be claimed in person at a Lottery Claim Center or by mail with a completed Texas Lottery claim form; however, annuity prizes or prizes over $999,999 must be claimed in person at the Commission Headquarters in Austin. Call Customer Service at 1-800-37LOTTO or visit the Lottery Web site at www.txlottery.org for more information and location of nearest Claim Center. The Texas Lottery is not responsible for lost or stolen tickets, or for tickets lost in the mail. Tickets, transactions, players, and winners are subject to, and players and winners agree to abide by, all applicable laws, Commission rules, regulations, policies, directives, instructions, conditions, procedures, and final decisions of the Executive Director. A Scratch-Off game may continue to be sold even when all the top prizes have been claimed. Must be 18 years of age or older to purchase a Texas Lottery ticket. PLAY RESPONSIBLY. The Texas Lottery Supports Texas Education.

________________

THE STATE OF TEXAS

CITATION BY PUBLICATION

TO: Kristina L. Cooper, and to all whom it may concern, Respondent;

You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the Clerk who issued the Citation by 10:00 a.m. on the Monday Next following the expiration of 20 days after you were served this citation and petition, a default Judgement may be taken against you.

The petition of Martin W. Cooper, Petitioner, was filed in the Court of Hopkins County, Texas, on the 7th day of July, 2009, against Kristina L. Cooper, Respondent, numbered CV39181 and entitiled ‘In the Matter of Marriage of Martin W. Cooper and Kristina L. Cooper.

The suit requests:

That the Court Grant a Divorce and such Other Relief Requested in the Petition.

The Court has authority in this suit to enter any judgement or decree dissolving the marriage and providing for the division of property which will be binding on you.

Issued and given under my hand and Seal of Said Court at Sulphur Springs, Texas, this the 7th day of July A.D. 2009.

Attest: Patricia Dorner, Clerk of The District Court of Hopkins County, Texas By: Millie D., Deputy

 

 

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