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<br />ORDINANCE 1978-28
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<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
<br />SAN MARCOS, TEXAS, REGULATING AND SETTING RATES
<br />FOR ELECTRICAL UTILITIES; ESTABLISHING PROCEDURES
<br />AND REQUIREMENTS FOR RATE ADJUSTMENTS; PROVIDING
<br />FOR HEARINGS ON RATES AND SERVICES; REQUIRING
<br />REPORTS AND STATEMENTS; AND PROVIDING FOR A SAVINGS
<br />CLAUSE.
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<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS:
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<br />SECTION 1. That every electric utility governed by this ordinance is
<br />hereby declared to be engaged in a business that is affected with the
<br />public interest and is subject to jurisdiction, control and regulation
<br />of the City Council in accordance with the provisions of the
<br />Constitution and laws of the State, City Charter, and ordinances of
<br />the City, and all franchises and public privileges as heretofor or
<br />hereafter granted by the City. The City Council has original regula-
<br />tory jurisdiction in the fixing and the regulating of charges, fares
<br />or rates of any electric utility now enjoying or that may hereafter
<br />enjoy the privileges governed by this article, and any electric
<br />utility or person affected by the exercise of such jurisdiction shall
<br />have the right to appeal therefrom to the Public Utility Commission
<br />of Texas.
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<br />SECTION 2. That for the purpose of this Ordinance the term "electric
<br />utility" includes any person, corporation, special district, river
<br />authority, cooperative, corporation or any other entity or his or its
<br />lessees, trustees, and receivers now or hereafter owning or operating
<br />in the City any wires, poles, lines, conduit lines, plant property or
<br />equipment, while using any of the streets, alleys or public grounds
<br />within the corporate limits of the City for the purpose of producing,
<br />generating, transmitting, conveying or delivering electric power for
<br />the production of light, heat or power for public use, or for use of
<br />any person, firm or corporatfon within the City for compensation.
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<br />The term "electric utility" shall, for I'ate making purposes, include
<br />any entity as herein before defined producing, generating, transmitting,
<br />conveying or delivering electric energy for the production of light,
<br />heat or power for public use, or for the use of any consumer within
<br />the City for compensation.
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<br />The term "rate" means and includes every compensation, charge, fare,
<br />toll, rental and classification or any of them demanded, charged,
<br />observed or collected by any electric utility for any service, produc.t
<br />or commodity offered by it to the public, or to any person, firm or
<br />corporation within the corporate limits of the City, and rules,
<br />regulations, practices or contracts affecting any such compensation,
<br />charge, fee, toll, rental or classification.
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<br />SECTION 3. That the following rate schedules for electrical utility
<br />rates applicable within the corporate limits of the City of San Marcos
<br />identified as Schedule I-7a, Standard Residential Rate - Urban; II-78,
<br />Basic Small Lighting and Power Rate - Urban; III-78,Basic Large
<br />Lighting and Power Rate, 10-500 kilowatts; IV-78, Basic Large Lighting
<br />and Power Rate 500-7500 kilowatts; V-78, Standard Municipal Power Rate;
<br />VI-78, Standard Street Lighting Rate (A); VII-78, Standard Street
<br />Lighting Rate (B); VIII-78, Mercury Vapor Lighting Rate; IX-78, Retail
<br />Rate Adjustment Schedule; and more completely described in "Exhibit An
<br />as attached to and made a part of this section are hereby in full force
<br />and effect until amended by ordinance duly passed and approved by the
<br />City Council of the City of San Marcos, Texas.
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<br />SECTION 4. That the City Council, for the purpose of determining,
<br />fixing and regulating the charges, fares, rates or compensation, or
<br />for the purpo,?e of prescribing maximum or minimum rat~s of any elect~ric
<br />utility now enjoying, or that may hereafter enjoy any! franchise granted
<br />by the City, or exercise any other public privilege within the corporate
<br />limits of the City, or for the purpose of prescribing~ the kind of
<br />service to be furnished by such electric utili.ty and.;cn the manner for
<br />which it shall be rendered, and for the purpose of, from time to tim",
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