HomeMy WebLinkAbout13569 ORD - 01/19/1977MLM:j '.h:l- Y8 -76; 1st
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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/