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HomeMy WebLinkAboutORD 1395 - ORD Approving Settlement Agreement Filed with Public Utility . l CITY OF WEST UNIVERSITY PLACE ORDINANCE NUMBER 1395 AN ORDINANCE APPROVING THE SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION ON FEBRUARY 27, 1991 AND AUTHORIZING THE CITY OF WEST UNIVERSITY PLACE TO BECOME A SIGNATORY TO THE SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION IN THE HOUSTON LIGHTING & POWER RATE INCREASE REQUEST, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, AND DECLARING AN EMERGENCY. WHEREAS, on November 9, 1990, Houston L i ghti ng & Power Company, {the "Company"} filed with the City of West University Place a Statement of Intent and Petition for Authority to Change Rates relating to electric utility service, and proper notice thereof was duly given, and WHEREAS, by Ordinance No. 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, 1991, and WHEREAS, on March 11, 1991, the City Council passed Ordinance No. 1393, relating to rates to be charged by Houston Lighting & Power Company for electric utility service within the corporate limits of the City of West University Place, Texas, and WHEREAS, after intense negotiations with other intervenors, Public Utility Commission staff, and HL&P, a settlement of the issues raised in the case has been achieved which is essentially the same as adopted by Council in Ordinance No. 1393; and WHEREAS, a Settlement Agreement was filed with the Public Utility Commission on February 27, 1991, 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 Settlement Agreement to be reasonable and in the best interest of the City. Section 2. The City Council hereby approves and adopts the "Settlement Agreement" attached hereto as Exhibit "All and incorporated herein for all purposes. Section 3. The City Council hereby recOlllllends that the Public Utility Commission adopt the Settlement Agreement. . i 1 . . J .1.. III. l City of West University Place Ordinance Number 1395 \, Section 4. The City Council hereby authorizes the City of West University to become a signatory to the Settlement Agreement. Section 5. The City Council hereby authorizes and directs the City Secretary to serve the Company with a certified copy of this Ordinance. Section 6. Nothing contained in this Ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of the Company. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 8. In the event that the Public Utility Conmission does not adopt this Settlement Agreement setting electric rates for the Company, the City Council hereby authorizes the City Attorney or his designees to represent the City and its citizens in any and all matters in connection with Docket 9850 and to take any and all actions necessary and incidental thereto and to the resolution of such matters, all as may be in the best interests of the City. Section 9. 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 circumstances shall not be affected thereby. Section 10. 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, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The Ci ty Council rati fies, approves and confi nos such noti ces and the contents and posting thereof. Section 11. 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 and signature. 2 City of West University Place Ordinance Number 1395 PASSED AND APPROVED ON FIRST AND FINAL READING this 8th day of Apri 1, 1991. Voting Aye: Voting No: Absent: Signed: Buddy Be 11, Mayo'r' Pro Tern ATTEST: Audrey Nichols, City Secretary (SEAL) Approved as to Form: James L. Doughert~" City Attorney 3