Ordinance No. 2,98701009 -3
ORDINANCE NO. 2987
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MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CON-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 PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
WHEREAS, on June 30, 1980, 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 $214.4 million per annum on a system -wide basis,
an increase of approximately 10.2% of their total revenue;
and
WHEREAS, the City suspended the effective date of such
proposed rate increase for 120 days beyond July 10, 1980;
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 $121,507,000.00 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 l: 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 $121,507,000.00 per annum, based on
the adjusted test year ending March 31, 1980, which constitutes
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an increase of approximately 5.77o. Such rates, as are
approved 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changed, modified, amended or withdrawn, with the approval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, other-
wise 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 provision, 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 provisons of
this ordinance are declared to be severable.
Section 9: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council on this 9th day of October , 1980.
ATTEST:
ILEEN P. HALL, City Clerk
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APPROVED:
RANDALL B. STRO G, City ttorney
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