Ordinance No. 5,802910314 -1
ORDINANCE NO. 5802
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 BAYTOWN,
TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING FOR THE REPEAL OF INCONSISTENT
PROVISIONS; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, on or about November 9, 1990, Houston Lighting and
Power Company (HL &P) , filed with the City of Baytown (City) 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. 5703, the City Council suspended
the effective date of such proposed rate increase until March 15,
1991; and
WHEREAS, the City Council, having considered HL &P's rate
request at a public hearing for which proper notice was duly
given, finds that such request is excessive; and
WHEREAS, the City Council having original jurisdiction over
the matter finds that a lesser increase in rates should be
prescribed for HL &P; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The City Council of the City of Baytown, Texas,
hereby finds the requested rates of HL &P to be excessive and
unreasonable.
Section 2: The City Council hereby immediately approves the
recommended terms and rates contained in the Coalition of Cities
expert witnesses recommendation, on file in the City Clerk's
office and incorporated herein for all purposes and further
adopts the recommended terms and rates contained in the proposed
Coalition of Cities settlement agreement, incorporated herein for
all purposes, subject to approval and implementation by the
Public Utility Commission of Texas.
Section 3: The City has original jurisdiction over the 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 Clerk to serve HL &P with a certified copy of this
ordinance which is the final determination and order of the City.
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Section 6: HL &P 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 Clerk setting forth all of HL &P Fs
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 HL &P.
Section 8: In the event that HL &P appeals from this order
setting electric rates for HL &P or in any proceeding which may
follow, the City Council hereby authorizes the City Attorney or
his designees to vigorously represent the City and its citizens
in all matters relating to such appeal, and to take any and all
actions necessary and incidental thereto and to the resolution of
the matters subject to such appeal, all as may be in the best
interests of the City.
Section 9: All ordinances or pasts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 10: 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 11: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 14th day of March,
1991.
irtETT 0. HUTTO, MaVor
& ATTEST:
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