The URL can be used to link to this page

Home My WebLink About13569 ORD - 01/19/1977MLM:j '.h:l- Y8 -76; 1st 1 AN ORDINANCE DENYING THE MOTION FOR REHEARING FILED BY CENTRAL POWER AND LIGHT ON DECEMBER-20, 1976, SAID MOTION FILED IN ACCORDANCE WITH ARTICLE VIII, SECTION 7,OF THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi on December 15, 1976 passed Ordinance No. 13532, denying the Statement of Intent of Central Power & Light Company to change electric rates, after the presentation of evidence in a hearing on said statement of intent; and WHEREAS, Central Power & Light'Company on December 20, 1976 filed a Motion for Rehearing complaining of Ordinance No. 13532 and sought by said Motion for rehearing inter alia the repeal of Ordinance No. 13532: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Motion for Rehearing duly filed by Central Power & Light Company on December 20, 1976, in accordance with the provisions of Article VIII, Section 7, of the Charter of the City of Corpus Christi, is hereby in all things denied. SECTION 2. A copy of the Motion denied,supra, is attached hereto, marked Exhibit "A ", and made a part hereof for all purposes. SECTION 3. The need to immediately deny the motion seeking an unjustified increase in rates sought by Central Power & Light Company 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this 17 - day of January, 1977. ATTEST- Cit Secretary MAYOR I AP D: THE CITY OF CORPUS CHRISTI, TEXAS D: THE OF JANUARY, 1977: J. B UCE AYCOCK, CITP4TJORNEY MICROFlLMEp By JUL Assistant "torney '_`369 J 0� �g o� THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI MOTION FOR REHEARING TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: COMES NOW Central Power and Light Company, and files this Motion for Rehearing pursuant to Section 7 of Article VIII of the Charter of the City of Corpus Christi, complaining of Ordinance No. 13532 enacted by this Honorable Council on December 15, 1976, and as grounds. for its request for rehearing would show the fol- lowing: I. Said Ordinance complained of, No. 13532, denies Central Power and Light Company's request for a rate increase in its en- tirety when in fact consultants hired by the City of Corpus Christi have recommended a rate increase for Central Power and Light.Comp- any of approximately $20 million at a minimum system -wide. Refusal of the City of Corpus Christi to grant any increase in the face of recommendation by their own technical consultants is arbitrary, capricious and unreasonable and results in a confiscation of the property of Central Power and Light Company. - zz. Central Power and Light Company has complied in all respects with requirements of the Public Utility Regulatory Act, and it is arbitrary, capricious and unreasonable for the City of Corpus Christi to deny a rate increase which their consultants recognized as necessary on bases and arguments that were rejected by the Public Utility Commission of Texas in Docket No. 91 and which completely ignore provisions of Section 38 of the Act allowing regulation to be based on grouping two or more cities as a single class. Said rate Ordinance No. 13532 purports to require Central Power and Light Company to reimburse the City of Corpus Christi for costs of consultants and attorneys who appeared before the Public Utility Commission of Texas in Docket No. 91. The City of Corpus Christi was not a party to Docket No. 91 and there were not matters.there to be resolved concerning the rates for electricity within the City of Corpus Christi. There would be no justification for the Company being required to reimburse the City of Corpus Christi for costs expended iin Docket No, 91. The Company would further show that they are required to reimburse the City only for reasonable costs, and in view of the fact that the consult- ants' recommendations are not of sufficient merit for the City of -2- Corpus Christi to follow or consider them, Central Power and Light Company does not believe any costs incurred with these consultants are reasonable. The Company would further show that in the event it is finally determined that the Company has any obligation to reimburse the City of Corpus Christi for reasonable costs of rate consultants to conduct investigations, present evi- dence and advise the Council on the requested rate increase, Central Power and Light Company is only required to reimburse the City for fifty percent (50 %) of those costs as provided in r Article VIII of Section 5(j) of the Charter of the City of Corpus Christi. WHEREFORE, PREMISES CONSIDERED, Central Power and Light Company respectfully prays that the Honorable City Council of the City of Corpus Christi grant this Motion for Rehearing and after said rehearing enact its Ordinance repealing Ordinance No. 13532 and placing into effect just and reasonable rates as set out in the Statement of Intent filed with this Honorable City Council on August 23, 1976. Respectfully submitted, - CENTRAL POWER AND LIGHT COMPANY DYER, REDFORD, BURNETT, WRAY & WOOLSEY Attorneys for Peti i�5� oner By / 0 W. N. Woolsey/ / 1030 Petroleum Tower, Corpus Christi, Texd!'s 78401 A/C 512 - 883 -1551 ' -3- . - . CORPUS CHRISTI, TEXAS /9t OAY OF , 197 -7 q TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY �( ,3 �u`LOZ�ANO,_SR. E9Dwn RD- L.AAMPLE 7 THE ABOVE ORDINANCE WAS PASSED BY T FOLLOWING VOTE: J� S914 ,LUBY v V.. i.rn OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE (�,Q/