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HomeMy WebLinkAbout13532 ORD - 12/15/1976L1 jkh:12- 15 -76; 1st L . -° AN ORDINANCE DENYING THE STATEMENT OF INTENT OF CENTRAL POWER AND LIGHT COMPANY TO CHANGE ELECTRIC RATES SUBJECT TO THE JURISDICTION OF THIS MUNICIPALITY, AND REFUSING TO PLACE IN OPERATION THE NEW RATES PROPOSED BY SAID COMPANY; AND DECLARING AN EMERGENCY. WHEREAS, Central Power and Light Company (the Company) heretofore presented to this City Council a Statement of Intent to Change Electric Rates within the regulatory jurisdiction of this municipality, and this City Council has heretofore entered upon a hearing in said matter at which the Company appeared and presented evidence; and WHEREAS, this municipality, in cooperation with other Texas munici- palities within the service area of the Company, has selected and engaged rate consultants, auditors, accountants, attorneys, and engineers to conduct investi- gations, to present evidence on behalf of the cities and their citizens before the Public Utility Commission of Texas, and to advise and represent the various cooperating governing bodies in the rate - making proceedings before the municipalities and before the Public Utility Commission of Texas; and WHEREAS, this City should be reimbursed by the Company for the reasonable costs of the services of such rate consultants, auditors, accountants, attorneys and engineers; and WHEREAS, the cooperating municipalities have requested from the .ti Company the necessary data to make a reasonable determination of rate base, expenses and investments and rate of return within the ljcipal boundaries of each of the cooperating municipalities, including this City, which data is required by Section 23, Article 1446c and is necessary for any municipality to make the determination of reasonable rates within the boundaries of that municipality, with which request for data the Company has failed to comply: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Statement of Intent of Central Power and Light Company to Change Electric Rates subject to the jurisdiction of this municipality is denied and the new rates proposed by Central Power and Light Company shall not be placed in operation because of the Company's refusal to comply with Section 23 of Article 1446c and because its proposed rates are unreasonable. Company shall not charge rates in excess of rates in effect prior to the filing MltROFILMED ,lip,: n 1980 of said Statement of Intent to Change Rates. 13532 F. SECTION 2. That the Company is required to reimburse this municipality for its reasonable costs for rate consultants, auditors, engineers and attorneys representing this City in this rate matter, including work and representation in Docket 91 before the Public Utility Commission of Texas. The Company shall be billed for such costs and the City shall take such action as may be necessary to obtain such reimbursement, including, at the discretion of the City, an offset to charges made by the Company to the City for electric service. SECTION 3. That the City Secretary is hereby ordered to deliver a certified copy-of this Ordinance 'to Central Power and Light Company. SECTION 4. The necessity to declare the position of the City of Corpus Christi in the hereinabove described matter 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: take effect and be in full force and effect from and aft ts passage, IT IS ACCORDINGLY SO ORDAINED, this the 1� day of ATTEST: Cit Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 7 APP ED: DAY OF DECEMBER, 1976: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City ttorney CORPUS CHRISTI TEXAS DAY OF N-X s ii : 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- 310H 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 J%B Ey LPZiANO,��SR. v� E&PAW RO L.' SAMPLE TTHE ABOVE ORDIH.ANCE WAS PASSED BY THE FOLLOWING VOTE: � JASON` LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL ALI BOB GULLET GABE LOZANO, SR. EDWARD L. SAMPLE