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Ordinance No. 4,59261125 -1 ORDINANCE N0. 4592 AN ORDINANCE REQUIRING HOUSTON LIGHTING AND POWER COMPANY TO FILE MODIFIED RATE SCHEDULES TO BE CHARGED 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DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH; AND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 THEREOF. WHEREAS, on March 18, 1986, Houston Lighting and Power Company (HL &P) filed with the City of Baytown, Texas, (City) a request to change rates; and WHEREAS, the City by Ordinance No. 4494 required HL &P to file modified rate schedules to be effective within the City as of July 10, 1986; and WHEREAS, the Public Utility Commission of Texas in Docket No. 6765 issued a final order on HL &P's rate request in rural areas on November 7, 1986; and WHEREAS, HL &P has agreed to waive its right to notice and hearing as to the rate modification required by this ordinance; and WHEREAS, the City Council is of the opinion that rates equal to those established by the Public Utility Commission in Docket No. 6765 are just and reasonable to both customers and Company; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The City Council orders HL &P to implement within the City the rate schedules approved by the Public Utility Commission of Texas pursuant to the final order in Docket No. 6765. Section 2: The rates set forth on such rate schedules are those under which HL &P shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the City until such time as said rate schedules may be changed, modified, amended or withdrawn as provided by law. Section 3: The rate schedules filed by HL &P with the City shall be effective on the same date such rates become effective Pursuant to the final order in Docket No. 6765 and shall apply to each customer of HL &P within the City for electricity consumed after that date. 61125 -1a Section 4: This ordinance constitutes the final action of the City Council of the City in determining the rates for sale of electric power and energy by HL &P within the City in accordance with Section 42 of the Public Utility Regulatory Act. Section 5: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 6: This ordinance shall take effect immediately from and after its passage by the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 25th day of November, 1986. MMETT 0. HUTTO, Mayor ATTEST: EILEEN P. HALL, City Cleric 7 � RANDALL y :fir � Attorney