Ord. 0583 11-13-89ORDINANCE NO. 583
AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS -
NEW MEXICO POWER COMPANY IN THE CITY OF PEARLAND, TEXAS, PRO-
VIDING FOR SCHEDULES, CONDITIONS, SEVERABILITY; REPEAL OF
CONFLICTING ORDINANCES, AND DECLARING AN IMMEDIATE PUBLIC
EMERGENCY.
WHEREAS, on July 18, 1989, Texas -New Mexico Power Company ("T-NP"
or "Company") filed with the City of Pearland, Texas, a request for an
increase in electric utility rates to be charged within the City in
the amount of $16,088,054 per annum on a total Texas system basis;
and,
WHEREAS, the City, having suspended the effective date of such
proposed increase from July 18, 1989, and having considered the same
at a public hearing, is of the opinion and finds that the rates of T-
NP should be adjusted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Part I. That the rates, tariffs, and charges of T-NP for electric
power and energy sold within the City be revised to increase annual
revenues by $4,612,271 on a total Texas system basis. Such Schedule
of Rates, as are approved in accordance herewith, are those under
which said Company shall be authorized to render electric service and
collect charges from its customers for the sale of electric power and
energy within the corporate limits of the City for all consumption
from and after December 1, 1989, until such time as said Rate
Schedules may be changed, modified, amended, or withdrawn, with the
approval of the City Council.
Part II. That T-NP shall file with the City as revised Schedule
of Rates and Tariffs setting forth those rates, tariffs, and charges
based upon such increase in total operating revenues as prescribed
herein. The rate design implemented by such schedules and tariffs
shall be in accord with the percentage increases to each customer
class shown on Exhibit "A" attached hereto. Such Schedule of Rates
and Tariffs may be modified or amended by the City Council within ten
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(10) days from the date of filing with the City, otherwise the same
shall be considered approved as filed. Provided, however, notwith-
standing any other provisions herein contained, the rate increase
provided for herein shall not be effective prior to the effective date
of the rate increase ordered by the Public Utility Commission of Texas
in Docket No. 8928 and no rate of T-NP within the City of Pearland
shall, in any case, exceed the corresponding rate of customers of T-NP
in unincorporated areas whether such rate for unincorporated areas is
set prior to or after the adoption of this ordinance and it shall be
unlawful for T-NP, its agents, servants or employees to collect or
attempt to collect any higher rate within the City of Pearland, than
is collected by T-NP within unincorporated areas.
Part III. That the action of the City Council of the City of
Pearland, enacting this Ordinance constitutes, on the date of its
final passage, a final determination of rates for T-NP within the City
of Pearland, in accordance with Section 43(e) of the Public Utility
Regulatory Act.
Part IV. Nothing in this Ordinance contained 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 T-NP.
Part V. That all Ordinances, Resolutions, or parts thereof, in
conflict herewithin are repealed to the extent of such conflict.
Part VI. It is hereby declared to be the intention of the Council
that the sections, paragraphs, sentences, clauses, and phrases of this
Ordinance are severable, and if any section, paragraph, sentence,
clause or phrase of this Ordinance shall be declared unconstitutional
or invalid by any judgment or decree of a Court of competent jurisdic-
tion, such unconstitutionality or invalidity shall not affect any
other remaining section, paragraph, sentence, clause or phrase of this
Ordinance; and the City Council hereby declares it would have passed
the remaining portions even though it had known the affected parts
would be held unconstitutional.
Part VII. This Ordinance shall take effect and be in full force
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and effect from and after the date of its passage.
Part VIII. It being for the public welfare that this Ordinance be
passed, creates an emergency and public necessity, and 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 of publication, as
the law in such cases provides.
PASSED, APPROVED and ADOPTED on its first and only required
reading under Section 3.10 of the City Charter of the City of
Pearland, Texas on this the /3 day of 72.-C>AenticiL , A. D.,
1989. %1
ATTEST:
� �.LOSCCL/
City Se6'retary
APPROVED AS TO FORM:
City Attorney
Mayor
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ATTACHMENT TO ORDINANCE NO. 583
EXHIBIT "A"
TEXAS -NEW MEXICO
RATE INCREASE BY CLASS
DOCKET NO. 8928
Company
Proposed Approved
Class Increase Increase
Residential 6.31% 0.9%
General Service 4.85% 0.9%
Large General Service 4.23% 0.9%
Resale 13.25% 0.9%
Industrial 0 0.9%
Municipal Power 7.98% 0.9%
Street Lighting 19.26% 0.9%
Outdoor Lighting 13.88% 0.9%
Other 32.45% 32.45%
TOTAL
Requested Increase
5.32%
$16,088,054
Percentages based on Company Piling
1.52%
$4,612,271