HomeMy WebLinkAbout11622 ORD - 08/08/1973JRR,. %iG:lKw: 8-73, /sr !
AN ORDINANCE
MAKING CERTAIN FINDINGS OF FACT RELATING TO THE
f APPLICATION OF CENTRAL POWER & LIGHT COMPANY FOR s.
NEW RATE SCHEDULES; FORI4ALLY CLOSING THE REHEARING
GRANTED IN SAID REQUEST; FINDING THAT CENTRAL P014ER
& LIGHT IS NOT ENTITLED TO A GREATER INCREASE ABOVE
THAT GRANTED BY ORDINANCE NO. 11392, PASSED AND
APPROVED ON MARCH 21, 1973, BASED UPON THE NEW EVIDENCE
PRESENTED AT SAID HEARING; PROVIDING FOR SEVERANCE;,
AND DECLARING AN EMERGENCY.
WHEREAS, the City Council determines and hereby finds that
Central Power and Light Company has appeared before the City Council
requesting approval of new rates for furnishing electricity and electric
service within the City of Corpus Christi; and
WHEREAS, a public hearing was held on such request on December 13,
1972, and continuing as a recessed hearing on December 19, 1972, January 3,
1973, January 31, 1973; and
WHEREAS, at such hearings representatives of Central Power & Light
Company, Corpus Christi Consumers Association, the City and citizens appeared
and gave evidence and supporting data regarding the Company's fair value
rate base and fair rate of return, using 1972 as an agreed test year, such
requested rates and schedules; and
WHEREAS, at the completion of said public hearings the City
Council passed and approved, on March 21, 1973, Ordinance No. 11,392; and
WHEREAS, pursuant to Article VIII, Section 7 of the Charter of
the City of Corpus Christi, Central Power and Light Company filed a Motion
for Rehearing, which Motion was duly heard by the City,Council on July 2,
1973; recessed to July 3, 1973; further recessed to July 11, 1973; further
recessed to July 18, 1973; further recessed to July 25, 1973, at which time
the City Council closed said rehearing by motion; and
' WHEREAS, the City Council determines and hereby finds that a
rehearing was granted in accordance with due process of law and the City k
Charter, evidence was heard by the City Council as well as arguments of
Central Power and Light Company and City staff and comments heard from
private citizens; and
11622
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WHEREAS, said rehearing was duly had and closed by the City Council:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the aforesaid rehearing granted to Central Power
ak
and Light Company on its application for a new rate schedule granted pur-
suant to the terms of Article VIII, Section 7, of the Corpus Christi City
Charter, be and the same is hereby formally closed.
SECTION 2. That based upon all the aforementioned findings, the
prior hearings and the evidence developed at the aforementioned rehearing
the City Council determines and hereby finds that Central Power and Light
Company is entitled to no greater rate increase than that granted by the
terms of the aforementioned Ordinance No. 11392.
SECTION 3. If for any reason any section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent jurisdiction
it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance.
SECTION 4. The necessity to formally close the aforementioned
Central Power and Light Company rehearing creates a public emergency and
an imperative public necessity requiring the suspension of the Charter rule
that no ordinance or resolution shall be passed finally on the date of
its introduction but that such ordinance or resolution shall be read at
three several meetings of the City Council, and the Mayor having declared
such emergency and necessity to exist, and having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date
of its introduction and take effect and be in full force and effect from
and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the I? --aday
of August, 1973.
ATTEST: -XI
5
C ty Secret ry MAY pt _iem
CITY OF CORPUS C STI, TEXAS
APPROVED: � �,�,�,,, 14l /y � j
City Attorney, r
Corpus Christi, Texas
,9 day of 19.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
r
MAYOR _t0_ m
THE CI OF CORPUS CHRI 0, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby Zu'ae z—
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby "Z11.
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark