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Ord. 1058 04-22-02ORDINANCE NO. 1058 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A RETAIL ELECTRIC PROVIDER REGISTRATION FORM; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. WHEREAS, beginning January 1, 2002, Texas' electric industry opened to customer choice, giving the citizens of Pearland and the State of Texas the power to choose the company that provides them with electricity; and WHEREAS, in an effort to provide the citizens of Pearland with sufficient information to contact any company providing electric service within the City of Pearland, the City Council has deemed it advisable to adopt a Retail Electric Provider Registration Form, attached hereto and incorporated herein for all purposes; and WHEREAS, said form not only provides identification of each retail electric provider, but also requires said provider to agree to abide by all rules of the Public Utility Commission of Texas in its transactions with City of Pearland customers. NOW, THEREFORE, BE IT BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, THAT: Section 1. The City Council hereby adopts the Retail Electric Provider Registration Form, attached hereto and incorporated herein. Section 2. Each retail electric provider, as defined by state law, who provides retail electric service in the City of Pearland shall file a completed Retail Electric Provider Registration Form with the City Secretary's Office and pay a fee of $50.00 to defray the City's cost of administering this ordinance no later than the later of the following dates: ORDINANCE NO. 1058 1. thirty (30) days after the retail electric provider commences providing electricity to any customer within the City of Pearland, or 2. thirty (30) days after this ordinance becomes effective. Section 3. Any retail electric provider who shall fail to register as required by this ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00. Each day of violation shall constitute a separate offense under this section. In prosecutions under this section, it shall not be necessary for the State to allege or prove any culpable mental state. Section 4. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 5. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. 2 ORDINANCE NO. 1058 PASSED, APPROVED ON FIRST READING this the 8 day of Apri 1 A.D., 2002. TOM REID MAYOR ATTEST: G LO SECARY ROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 22 day of April , A. D., 2002. ATTEST: APPROVED AS TO FORM: CITY ATTORNEY TOM REID MAYOR 3