Ord. 0565 03-13-89ORDINANCE NO. 565
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; CONTAINING
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A
REPEALER AND FOR SEVERABILITY.
WHEREAS, on or about November 23, 1988, Houston Lighting and Power
Company (the "Company"), filed with the City of Pearland 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. 561, the City Council suspended the
effective date of such proposed rate increase until March 28, 1989;
and
WHEREAS, the City of Pearland, by enactment of Resolution No. R88-
36, determined that is was in the best interest of the City of
Pearland to join the Houston Coalition of Cities with original juris-
diction (Houston Coalition) to study the rate request; and
WHEREAS, representatives to the Houston Coalition have met on
numerous occasions to discuss the various aspects of the pending rate
case; and
WHEREAS, the City Council has considered the Company's rate request
at a public meeting for which proper notice was duly given; and
WHEREAS, the City Council having original jurisdiction over the
matter finds that such a request is excessive and further finds that
no 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 rates of the Company to be excessive and unreasonable.
Section 2. The Pearland City Council finds that they are in
agreement with the recommendations of the City of Houston Revenue and
Regulatory Affairs Division and hereby approves those recommendations
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as set out in Exhibit "A", attached hereto.
Section 3. The City has original jurisdiction over this case
pursuant to Section 43 of the Public Utility Regulatory Act.
Section 4. The City hereby denies HL&P's Petition for Authority to
Change Rates.
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 Manager, file a complete schedule of rates and tariffs
with the City Manager setting forth all of the Company's rates and
charges for utility service then in effect. The City Manager is
authorized to review, and approve and require revisions to the tariff
if he 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 hereby waives written
notice of the hearing before the Commission of such appeal.
With respect to any such appeal, the City Council hereby authorizes
the Houston Coalition and the Pearland City Attorney or his designees
to vigorously represent the City and its citizens in all matters
relating to STNP, any and all matters in connection with such appeal
and to take any and all actions necessary and incidental thereto and
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to the resolution of the matters subject to such appeal, all as may be
in the best interest 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 be unconsti-
tutional, void or invalid, the validity of the remaining portions of
this ordinance or their application to other persons or sets of
circumstances shall not be 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 other portion hereof, and all provisions of this ordinance are
declared to be severable for that purpose.
Section 11. The City Council officially finds, determines, recites
and declares that a sufficient written notice of the date, hour, place
and subject of 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, Article 6252-17, Texas Revised Civil Statutes Annotated
(Vernon Supp. 1989); 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.
PASSED, APPROVED, and ADOPTED on first reading this
, A. D., 1989.
ATTEST:
City Seftretary
a7
day of
Mayor
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PASSED, APPROVED and ADOPTED on second and final reading this
13 day of MAC� , A. D., 1989,
ATTEST:
City Sq' retary
APPROVED AS TO FORM:
City Attorney
gcza(vY19
Mayor
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