HomeMy WebLinkAboutORD 1272 - ORD Requiring Houston Lighting & Power Company Modified Rate Schedule
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ORDINANCE NO. 1272
AN ORDINANCE REQUIRING THE' "HOUSTON; LIGHTING. & POWER COMPANY TO
FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; PROVIDlNG'FOR AN ,EFFECTIVE DATE FOR SUCH
RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE
SCHEDULES MAY BE CHANGED, :MODIFIED, AMENDED ,OR WITHDRAWN;
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY
BE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
WHEREAS, on March 18, 1986, Houston Lighting & Power Company
(HL&P) filed with the City of West University Place a request to
change rates; and
WHEREAS, the City by Ordinance No. 1263 required HL&P to
file modified rate schedules to be effective within the City 'as' of July
14, 1986; and
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WHEREAS, the Public Utility Commission of"'Texas in Docket No. 01'
6765 issued a fi na 1 order on HL&P' s rate request in rural areas on
November 7, 1986; and
WHEREAS, HL&P will make effective within the City rates,
including revised fuel factors, equal to rates implemented pursuant to
the final order in Docket No. 6765 on the same date such rates become
effective in areas governed by said final order; and
WHEREAS, HL&P has agreed to waive its ri ght to noti ce and
hearing as to the rate modification required by this ordinance; and
WHEREAS, the City Council is of the opinion that rates equal
to those es tab 1 i shed by the Pub 1 i c Util i ty Commi ss i on in Docket No.
6765 are just and reasonable to both customers and Company; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. The City Council orders HL&P to implement within
the City the rate schedules approved by the Public Utility Commission
of Texas pursuant to the final order in Docket No. 6765.
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Section 2. The rates set forth on such rate schedules are thos'e
under which HL&P shall be authorized to rendere 1 ectri c service and
to collect charges from its customers for the sale of electric power
and energy within the City unti 1 such time as sai d rate schedul es may
be changed, 'modified, amended or withdrawn as provided by'law.
Sect ion 3. The rate schedu 1 es f~ 1 ed by. HL&P , wi th . the Ci ty
shall be effective on the same ;date' such rates become effective
pursuant to the final order in Docket No. 6765 and shall apply to each
customer of HL&P within the City for electricity con~umed after that
date. If HL&P provi des refunds to customers in other ci ti es for time
periods after,July 1~ 1986, but before the effective date of the rates
required by t:his' ordinance (The "Refund Period"), it shall provide the
same treatment to customers within the City. If HL&P does not
provi de such refunds to customers withi n the City before March 31,
1987, HL&P shall, before April 15, 1987, provide to the City a
written statement showing the amounts paid by customers within the City
during the refund period which are in excess of the amounts which would
have been pai d by those customers if they had been located in an
unincorporated area during the refund period.
Section 4. This ordinance constitutes the final action of the
City Council of the City in determining the rates for sale of electric
power and energy by HL&P withi n the Ci ty in accordance wi th Secti on
42 of the Public Utility Regulatory Act.
Section 5. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent o.f:the conflict only.
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Section 6. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of, this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or ci rcumstances shall not be affected thereby.
Section 7. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
consi dered or acted upon was give in the manner requi red by the Open
Meetings Law, TEX. REV. CIV., STAT. ANN. art 6252-17, as amended,
and that each such meeting has been o.pen to the public as required by
law at all times during such discussion, consideratinn and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 8. The public importance of this measure and the
requirements of the law create an emergency and an urgent public
necessity requiring that this Ordinance be passed and take effect as an
emergency measure, and a state of emergency is hereby declared, and
this Ordinance is accordingly passed as an emergency measure and shall
take effect and be in force immediately from and after its passage.
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PASSED AND APPROVED-ON FIRST. AND FINAL, READING, this
day of November, 1986.
Councilinembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
ATTEST:
Audrey Nichols, City Secretary
(SEAL)
Approved as to Form:
James L. Dougherty , Jr.,
City Attorney
I' o'
Mayor Parks, Councilmembers
Higley, Bryan, Schwartzel
None
Councilmember Cummings
(resigned)
'Michael L. Parks, Mayor
3
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