Ordinance No. 2,80700116 -6
ORDINANCE NO. 2807
AN ORDINANCE ESTABLISHING RATES TO BE CHARGED BY HOUSTON
LIGHTING & POWER COMPANY IN THE CITY OF BAYTOWN, TEXAS;
PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES;
PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES
MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CON-
TAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF
WHICH MAY BE IN CONFLICT HEREWITH; AND DECLARING AN
EMERGENCY.
WHEREAS, on July 21, 1979, Houston Lighting & Power
Company filed with the City of Baytown a request for an
increase in rates to be charged within the City in the
amount of $179.4 million per annum on a system -wide basis,
an increase of approximately 10.5 %; and
WHEREAS, the City suspended the effective date of such
proposed rate increase for 120 days beyond August 7, 1979;
and
WHEREAS, the City Council having considered the Company's
rate increase at a public hearing is of the opinion that
such request is excessive; and
WHEREAS, the City Council is of the opinion that a
lesser increase in rates should be approved for the Company;
and
WHEREAS, the City Council finds that a total increase
of $60 million will assure rates which are just and reasonable
to both customers and the Company; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That an increase in the rates of Houston
Lighting & Power Company for electric power and energy sold
within the City of Baytown be approved in an amount such
that the adjusted total system -wide operating revenues for
the Company be increased $60 million per annum, based on the
adjusted test year ending March 31, 1979, which constitutes
an increase of approximately 4 %. Such rates, as are approved
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in accordance herewith, are those under which said Company
shall be authorized to render electric service and to collect
charges from its customers for the sale of electric power
and energy within the corporate limits of the City of Baytown,
until such time as said rate schedules may be changed,
modified, amended or withdrawn, with the approval of the
City Council.
Section 2: That the Company shall establish rates and
tariffs so as to allocate the authorized increase among
customer classes in the same manner as proposed for its
requested increase.
Section 3: That the Company shall, within ten (10)
days from the final passage of this ordinance, file with the
City a revised Schedule of Rates and Tariffs setting forth
those rates, tariffs, and charges based upon an increase in
total operating revenues as prescribed herein. Such Schedule
of Rates and Tariffs may be modified or amended by City
Council within ten (10) days from the date of filing, otherwise
same shall be considered approved as filed. Said rates, as
approved, shall be effective from and after final passage of
this ordinance and shall apply to each customer of the
Company within the City of Baytown from and after each such
customer's first regular meter reading following the effective
date of this ordinance.
Section 4: That the Schedule of Rates and Tariffs
shall be subject to a monthly adjustment for changes in fuel
cost calculated according to the formula presently in effect.
Section 5: That the action of the City Council of the
City of Baytown enacting this ordinance constitutes, on the
date of its final passage, a final determination of rates
for sale of electric power and energy by Houston Lighting &
Power Company within the City of Baytown in accordance with
Section 43(e) of the Public Utility Regulatory Act.
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Section 6: Nothing in this ordinance shall be construed
now or hereafter as limiting or modifying, in any manner,
the right and power of the City of Baytown under the law to
regulate the rates and charges of Houston Lighting & Power
Company for electric service within the City of Baytown.
Section 7: All ordinances or parts of ordinances in
conflict herewith are repealed to the extent of the conflict
only.
Section 8: If any provisions, section, subsection,
sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional, void or invalid (or for
any reason unenforceable), or shall conflict in any way with
the rules and regulations of the Texas Public Utility
Commission, the validity of the remaining portions of this
ordinance shall not be affected thereby, it being the intention
of the City Council of the City of Baytown in adopting this
ordinance that no portion thereof or provision or regulation
contained therein shall become inoperative or fail by reason
of any unconstitutionality or invalidity of any other portion,
provision, or regulation, and to this end, all provisions of
this ordinance are declared to be severable.
Section 9: There exists a public emergency requiring
that this ordinance be passed finally on the date of its
introduction, and the Mayor having in writing declared the
existence of such emergency and requested such passage, this
ordinance shall be passed finally on the date of its intro-
duction, this 16th day of January , 1980, and shall
take effect immediately upon its passage and approval by the
Mayor.
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EMMETT 0. HUTTO, Mayor
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ATTEST:
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�rLEEN P. HALL, City Clerk
APPROVED:
Y�u 4h't'l-
SCOTT BOUNDS, City Attorney
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