HomeMy WebLinkAboutORD 1393 - ORD Relating to Rates Charged by Houston Lighting & Power Co
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ORDINANCE NUMBER 1393
AN ORDINANCE RELATING TO RATES TO BE CHARGED BY HOUSTON LIGHTING
AND POWER COMPANY FOR ELECTRIC UTILITY SERVICE WITHIN THE
CORPORATE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXASi
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECTi
PROVIDING FOR A REPEALER AND FOR SEVERABILITY AND DECLARING AN
EMERGENCY.
WHEREAS, on November 9, 1990, Houston lighting & Power Company,
(the uCompany") filed with the City of West University Place a
Statement of Intent and Petition of Authority to Change Rates relating
to electric utility service, and proper notice thereof was duly giveni
and
WHEREAS, by Ordinance Number 1388, the City Council suspended the
effective date of such proposed rate increase for Step One until March
18, 1991 and Council suspended the effective date of the proposed rate
increase for Step Two until October 31, 1991i and
WHEREAS, the City Council, having considered the Company's rate
increase at a public hearing for which proper notice was duly given,
finds that such request is excessivei and
WHEREAS, the City Council having original jurisdiction over the
matter finds that a lesser increase in rates should be prescribed for
the CompanYi NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE:
Section 1. The City Council of the City of West University Place
hereby finds the requested rate of the Company to be excessive and
unreasonable.
Section 2. The City Council hereby approves and adopts the rates,
adjustments, and detenninations set out in Exhibit "A", attached hereto
and incorporated herein for all purposes.
Section 3. The City has original jurhdiction over this case
pursuant to Section 43 of the Public Utility Regulatory Act.
Section 4. The City Council hereby detennines, prescribes,
establishes and authorizes the increased rates for sale or supply of
electric service by the Company within the corporate limits of the City
of West University Place as set out in this ordinance. Such increased
rates shall become effective as to each customer on or no later than
the thirtieth day after the date of final passage of this ordinance.
The Company shall be authorized to collect such rates until such time
as they may be changed, modified, amended or withdrawn in accordance
with applicable statutes and ordinances.
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Ordinance Number 1393
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Section 5. Ti'e City Council hereby authorizes ana directs thE'
City Secretdry to serve the Company with a certified copy of this
ordinance which 1S the firal detennina~10n dnd order of the City.
Sectlon 6. The Company shali, within ten days following the final
passage and approval of this Ordinance and thereafter whenever required
by applicable statutes and ordinances and whenever requested by the
City. f11e a complete schedulEs of ratps and tariffs with the! City
setting forth 011 of the Company's rates and charges for utility
~ervice then in effect. The City is authorized to review. approve and
require revisions to the tar1ff if it detennine!>> it not to be in
accordance with th1s ordinance.
Section 7. Nothing contained in this Ordinance shall be construE'd
now or hEreafter as limiting or mod1fying, in any manner, the r1ght and
power of the City under thE' law tCl regulate the rates dnd charges of
the Company.
Section 8. In the event that the Company appeals from this order
setting electric rates for the Company, the City Council hereby
authorizes t.hE. C1ty Attorney or his designees to represent the City and
its citizens in any and all matt~rs in connection w1th such appeal and
to take any and all actions necessary and incidental thereto and to the
resolution of the mdtters subject to such appeal. all as may be in the
best interests of the City.
Section 9. All ordinances or parts of ordinances in conflict
herewith ar~ hereby repealed to the ext~nt of such conflict only.
Section 1e. If any word, phrase, clause. sentence, paragrdph,
section or other part of this ordinance or the applic.iltion thereof to
dny person or circumstance, shall ever bE:. h( ld '(.0 be invalid or
unconstitutional by any court of compett!nt jurisdiction, the rbmc inder
of this ordinance and the applic.ation of such word. phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 11. The C.1ty Council officially tirds, d~tennines and
dEclares that a ~uff1ciert written notice of the date, hour, place and
subJect of each meeting dt which this ordinance was disc~ssed,
consider~d or acted upon was given in the mdnner required by the ~pen
MeE'tings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, dS amended.
and that each such me~tin9 has been open to th~ publit as required by
law at all times during such discussion. con!>>iderat10n and dct10t. The
City Council ratifies, approves and confinns suc~ notices and the
contents and posting thereof.
Section 12. The public importance of this measure dnd the
requirements of the law create an emergency and an urgent public
necessity requiring that this Ordinance be pass~a and take effect as an
emergenc)' measur~. dnd a state of emergenc) is hereby declared, and
thi!t Ordinance is accordingly passed as an emergency measure and shall
take effect ana be in force immediately from and after its pdssage and
signcltllre.
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Ordinance Number 1393
PASSED AND APPROVED ON FIRST AND FINAL READING this 11th day
of March 1991.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Laura C. Higley,-Mayor
ATTEST:
P,udrey Nichols
City Secretary
(SEAL)
Approved as to Form:
James L. Dougherty, Jr.
City Attorney
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