Ordinance No. 3,24511022 -4
ORDINANCE NO. 3245
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO ENTER
INTO AN AGREEMENT WITK THE CITY OF HOUSTON TO USE THEIR
HOUSTON LIGHTING & POWER RATE INFORMATION; AUTHORIZING
PAYMENT OF NOT MORE THAN THREE THOUSAND EIGHT HUNDRED
THIRTY & 70/100 ($3,830.70) DOLLARS FOR SUCH INFORMATION;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the City of Houston has retained Touche Ross &
Co. as rate consultants in the present Houston Lighting and
Power Company's rate request; and
WHEREAS, the City of Houston has adopted a policy (a
copy of which is attached hereto on Exhibit "A ") which would
allow the City of Baytown to use the information developed
by Touche Ross & Co. by paying a pro --rata share of the cost;
and
WHEREAS, the City Council of the City of Baytown
has determined it would be beneficial to the City to use the
Touche Ross Fz Co. recommendation in the rate hearing before
the City Council; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Attorney is hereby authorized
to enter into an agreement with the City of Houston which
would allow the City of Baytown to use the recommendation
prepared by Touche Ross & Co. concerning the 1981 rate
increase request made by Houston Lighting & Power Company.
Section 2: That payment to the City of Houston of not
more than THREE THOUSAND EIGHT HUNDRED THIRTY & 70/100
($3,830.70) Dollars is authorized as the City of Baytown's
pro -rata share, as calculated by the policy adopted by the
City of Houston.
Section 3: This Ordinance small take effect from and
after its passage by the City Council of the City of Baytown.
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INTRODUCED, READ and PASSED on this the 22nd day of
October , 1981.
PME 0 . HUTTO, Mayor
ATTEST:
EILEEN P. HA L, ity Clerk
APPROVED:
4ANDALL B. STRON , City torney
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E X H I B I T "A"
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J
CITY OF HOUSTON, TEXAS
3 •
To the Honorable City Council of the City of Houston:
In accordance with the provisions of Article VII, Section 7 of the Charter of the City
of Houston, I submit and introduce to you the ordinance set out below with the request
that it be passed finally on the date of its introduction. There exists a public
emergency requiring such action and I accordingly request that you pass the same if it
meets with your approval.
Date: 19 d M r o e City of Houston
City of Houston Ordinance No. 6 Y
AN ORDINANCE EXPRESSING THE DESIRE OF THE CITY OF
HOUSTON TO COOPERATE WITH OTHER REGULATORY AUTHORITIES IN
CONNECTION WITH THE PENDING RATE PROCEEDING INSTITUTED BY
HOUSTON LIGHTING AND POWER COMPANY; PROVIDING A METHOD FOR
EACH REGULATORY AUTHORITY TO DEFRAY A PORTION OF THE COST OF
EXPERT ASSISTANCE; AND DECLARING AN EMERGENCY.
WHEREAS, the City has retained the firm of Touche Ross
and Company to conduct investigations, present evidence, ad-
vise the City Council and assist with litigation relating to
the pending rate making proceeding (the "rate case ") com-
menced by Houston Lighting and Power Company ( "HL &P"); and
WHEREAS, other municipalities which are regulatory
authorities having jurisdiction over other parts of the HL&P
service area have inquired about the possibility of the City
making Touche Ross and Company available to provide the same
or similar services to such regulatory authorities; and
WHEREAS, the City Council desires to cooperate with
such other regulatory authorities; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUSTON:
Section 1. In connection with the HL &P rate case, the
City Council hereby offers to cooperate with other muni-
cipalities which are regulatory authorities having jurisdic-
VVCL �1ciLl� Vd the TriL &P Sciv1
1 1Vi1 the ce area, -Li-,L tii2 iicuiiiacr Gat-
out below.
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Section 2. Upon the written request of the governing
body of any such municipality (as expressed by ordinance or
resolution duly adopted), the Director of the Department of
Public Service is hereby authorized to request Touche Ross
and Company to provide to such governing body the same or
similar assistance as Touche Ross and Company is providing
to the City of Houston, including the furnishing of written
and oral presentations prepared pursuant to the contract
between the City of Houston and Touche Ross and Company,
provided that any such ordinance or resolution also
expresses the agreement of such municipality to defray part
of the cost of the services of Touche Ross and Company, as
provided below.
Section 3. Each municipality submitting such a written
request and receiving such assistance (hereinafter referred
to as a "participating municipality ") must agree to defray a
portion of the cost of the services of Touche Ross and
Company, as follows:
(a) a fractional share of the cost of the "Basic
Services" described in the contract between the
City of Houston and Touche Ross and Company, the
share being computed by multiplying the total fees
for such basic services by a fraction, the numera-
tor of which is the number of HL&P ratepayers
located within the boundaries of such partici-
pating municipality and the denominator of which
is the total number of HL &P ratepayers located
within the boundaries of the City of Houston and
all participating municipalities, and
(b) the incremental cost of services provided by
Touche Ross and Company for furnishing written or
oral presentations specifically for such partici-
pal..ing hLUtlil.lpul.*t .y .
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Section 2. Upon the written request of the governing
body of any such municipality (as expressed by ordinance or
resolution duly adopted), the Director of the Department of
Public Service is hereby authorized to request Touche Ross
and Company to provide to such governing body the same or
similar assistance as Touche Ross and Company is providing
to the City of Houston, including the furnishing of written
and oral presentations prepared pursuant to the contract
between the City of Houston and Touche Ross and Company,
provided that any such ordinance or resolution also
expresses the agreement of such municipality to defray part
of the cost of the services of Touche Ross and Company, as
provided below.
Section 3. Each municipality submitting such a written
request and receiving such assistance (hereinafter referred
to as a "participating municipality ") must agree to defray a
portion of the cost of the services of Touche Ross and
Company, as follows:
(a) a fractional share of the cost of the "Basic
Services" described in the contract between the
City of Houston and Touche Ross and Company, the
share being computed by multiplying the total fees
for such basic services by a fraction, the numera-
tor of which is the number of HL&P ratepayers
located within the boundaries of such partici-
pating municipality and the denominator of which
is the total number of HL &P ratepayers located
within the boundaries of the City of Houston and
all participating municipalities, and
(b) the incremental cost of services provided by
Touche Ross and Company for furnishing written or
oral presentations specifically for such partici-
pal..ing hLUtlil.lpul.*t .y .
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At appropriate intervals, the Director shall compute the
costs under "(a) ", above, for each participating munici-
pality and submit statements to such municipality. Payment
shall be due to the City of Houston within thirty days after
receipt of the statement. If other municipalities subse-
quently express agreement with this ordinance and later
become participating municipalities, the Director shall
recompute the amounts due by each participating municipality
and allow appropriate credits or refunds for excess amounts
previously paid. Amounts under "(b)" above shall be handled
by individual arrangements between Touche Ross and Company
and each participating municipality, and not paid or billed
by the City of Houston.
Section 4. In the event of any appellate proceedings
relating to the rate case, the Director may approve similar
arrangements between the City and participating municipali-
ties who desire to participate further in the appellate
proceedings, but instead of applying the above- described
fractions to the cost of Basic Services, such fractions
shall be applied to the cost of services provided in connec-
tion with such appellate proceedings.
Section 5. 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
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existence of such emergency and requested such passage, this
ordinance shall be passed finXn the date of its intro -
duction, this day of , 19 C I
and shall take effect immediately upon its passage and
approval by the Mayor.
��
f I
PASSED this ''"''jday of A.D. 19
APPROVED this day of A.D. 19
mar of a City of Houston
(Prepared by Legal Dept. )
(JLD,JR:bgt, 10/9/81) Kssistant City Attorney
(L. D. File No. 55,205)
(Requested by Public Service and Legal Departments)
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