HomeMy WebLinkAbout020990 ORD - 09/18/1990AN ORDINANCE
DENYING THE RATE REQUEST OF CENTRAL POWER & LIGHT COMPANY
IN THE CITY OF CORPUS CHRISTI, TEXAS, WHICH WOULD
IMPLEMENT THE SETTLEMENT HERETOFORE AGREED TO BY THE
PARTICIPATING CITIES, CENTRAL POWER & LIGHT COMPANY AND
CERTAIN OTHER PARTIES; PROVIDING FOR CONDITIONS AND
REPEAL OF CONFLICTING ORDINANCES.
WHEREAS, on February 8, 1990, an agreement entered into by the
Participating Cities and Central Power & Light Company ("CPL") and
various other parties to settle the pending rate increase request of
CPL and various related matters was filed with the Public Utility
Commission of Texas ("Commission" or "PUC"); and
WHEREAS, such agreement was agreed to by the Participating Cities
and is pending consideration by the PUC; and
WHEREAS, such agreement provides for implementation through the
filing of a second step rate increase request by CPL; and
WHEREAS, on May 17, 1990, CPL did, as provided for in such
agreement, file with the City of Corpus Christi a request for an
increase in electric utility rates to be charged within the City in the
amount of approximately $120,000,000 per annum on a system -wide basis;
WHEREAS, it appears that implementation of said second step rate
increase is unjustified and not in the public interest; and
WHEREAS, The City, having suspended the effective date of such
proposed increase and having considered the same at a public hearing,
finds that the existing rates of CPL should not be adjusted as
requested by CPL in order to implement such agreement previously
entered into by the participating Cities, CPL, and various other
parties;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the requested rates, tariffs, and charges
requested by CPL on May 17, 1990 for electric power and energy sold
within the City which would implement the agreement entered into by the
Participating Cities, CPL, and various other parties and filed with the
PUC February 8, 1990, as thereafter from time to time amended, be in
all respects denied.
SECTION 2. Notwithstanding any other provision herein
contained, the rates of CPL within the City of Corpus Christi, shall
not, in any case, exceed the rates of customers of CPL in unincor-
porated areas whether such rates for unincorporated areas are set prior
ma)
to or after the adoption of this ordinance and it shall be unlawful for
CPL, its agents, servants or employees to collect or attempt to collect
higher rates within the City of Corpus Christi than are collected by
CPL within unincorporated areas.
SECTION 3. That the action of the City Council of the City of
Corpus Christi enacting this Ordinance constitutes, on the date of its
final passage, and is a final determination of rates for CPL within the
City of Corpus Christi in accordance with Section 43(e) of the Public
Utility Regulatory Act.
SECTION 4. 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 CPL.
SECTION 5. That all Ordinances, Resolutions, or parts thereof,
in conflict herewith are repealed to the extent of such conflict.
ATTEST:
City Secretary Mayor
The City of Corpus Christi
APPROVED:
5 day of Sep }e.. -,Coe ir 1990
HAL GEORGE, CITY ATTORNEY
By y ,
AsSi tant City Att(rney
That the foregoing ordinance was read for the first time and pass. co
its second reading on this the day of
19 ;r, , by the following vote:
Betty N. Turner Edward A. Martin
Cezar Galindo Joe McComb
Leo Guerrero Clif Moss -
Tom Hunt Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read for the second time and passed
to its third reading on this the day of
19 ! , by the following vote:
Betty N. Turner Edward A. Martin
Cezar Galindo /r Joe McComb
Leo Guerrero ; Clif Moss
Tom Hunt `' Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read for the third time and passed
finally on this the day of „i" /)I k.)(l , 19' , by the
following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
PASSED AND APPROVED, this the day of
C
City Secretary
APPROVED:
DAY OF , 19
HAL GEORGE, CITY ATTORNEY
By
Assistant City Attorney
044
, 19
McOR /
THE CITY OF CORPUS CHRISTI