Ord. 0607 03-04-91a
ORDINANCE N0. 607
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 PEARLAND, TEXAS;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING FOR A REPEALER AND FOR SEVERABILITY AND
DECLARING AN EMERGENCY DUE TO THE IMMEDIACY OF THE REQUISITE
LEGISLATIVE ACTION.
WHEREAS, on November 9, 1990, Houston Lighting & Power Company,
(the "Company") filed with the City of Pearland a Statement of Intent
and Petition of Authority to Change Rates relating to electric utility
service, and proper notice thereof was duly given; and
WHEREAS, by Ordinance No. 602, 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, 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 excessive; and
WHEREAS, the City Council having original jurisdiction over the
matter finds that a lesser increase in rates should be prescribed for
the Company; Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
Section 1. The City Council of the City of Pearland hereby finds
the requested rate of the Company to be excessive and unreasonable.
Section az The City Council hereby approves and adopts the
rates, adjustments, and determinations set out in Exhibit "A",
attached hereto and incorporated herein for all purposes.
Section 3. The City has original jurisdiction over this case
pursuant to Section 43 of the Public Utility Regulatory Act.
Section 4. The City Council hereby determines, 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 Pearland 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they may be changed, modified, amended or withdrawn in accordance with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.
Section 5. The City Council hereby authorizes and directs the
City Secretary to serve the Company with a certified copy of this
Ordinance which is the final determination and order of the City.
Section 6. The Company shall, 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, file a complete schedule of rates and tariffs with the
City setting forth all of the Company's rates and charges for utility
service then in effect. The City is authorized to review, approve and
require revisions to the tariff if it, determines it not to be in
accordance with this Ordinance.
Section 7. 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 8. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 9. In the event that the Company appeals from this order
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 such appeal
and to take any and all actions necessary and incidental thereto and
to the resolution of the matters subject to such appeal, all as may be
in the best interests of the City.
Section 10. If any provision, section, subsection, sentence,
clause, or phrase of this Ordinance, or the application of same to any
person or set of circumstances is for any reason held to hP
unconstitutional, void or invalid, the validity of the remaining
portions of this Ordinance or their application to the other persons
or sets of circumstances shall not he affected thereby, it being the
intent of the City Council in adopting this Ordinance that no portion
hereof or provision or regulation contained herein shall become
inoperative or fail by reason of any unconstitutionality, voidness or
invalidity of any portion hereof, and all provisions of this Ordinance
are declared to be severable for this purpose.
$ection 11. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject to this meeting of the City Council was posted
at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the
Open Meetings Law, TEX.REV.CIV.STAT.ANN art. 6252-17 (Vernon Supp.
1990); and that this meeting has been open to the public as required
by law at all times during which this Ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
$ection 12. The Council finds and determines that the need of
legislation before March 18, 1991 constitutes an immediate emergency
affecting the life, health and property of the citizenry, and that
this Ordinance shall be adopted as an emergency measure, and that the
rule requiring this Ordinance be read on two (2) separate occasions
be, and the same is hereby waived and this Ordinance shall be in full
force and effect from and after its passage and approval.
PASSED and APPROVED on its first and only required reading under
Section 3.10 of the City Charter of the City of Pearland, Texas on
this the day of 44-c-/ , A. D., 1991.
C. V. COPPING MAYOR
ATTEST:
PAT JONES, C7Y SECRETARY
APPROVED,( TO O$M
V1
LESTER G. RORICK
CITY ATTORNEY