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HomeMy WebLinkAbout19103 ORD - 11/26/1985AN ORDINANCE DENYING CENTRAL POWER AND LIGHT COMPANY'S REQUEST FOR RATE INCREASE IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, on July 9, 1985, Central Power and Light Company ("CP&L" or "Company") filed 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 $121,965,792 per annum in system -wide retail base revenues, exclusive of fuel; and WHEREAS, the City, having suspended the effective date of such proposed increase from September 12, 1985, and having duly considered the same as required by law, is of the opinion and finds that the request of CP&L for increase in rates should be denied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That after notice, hearing and consideration of the evidence on file with the City of Corpus Christi, the City Council of the City of Corpus Christi finds that Company has failed to meet its burden of establishing the need for a rate increase. The City Council of the City Corpus Christi, therefore, denies the Company's request for a rate increase within the City of Corpus Christi. SECTION 2. The City Council of the City of Corpus Christi also finds that there is evidence to support an adjustment in rates, tariffs, and charges of CP&L for electric power and energy sold within the City such that the adjusted total system -wide non -fuel base rates of the Company should be decreased by up to $9,114,298 per annum and total system -wide fuel base rates of the Company be decreased by up to $67,485,058 per annum. It is, therefore, ordered that the rates of CP&L within the City of Corpus Christi shall not, in any case, exceed the rates of customers of CP&L in unincorporated areas whether such rates for unincorporated areas are set prior to or after the adoption of this ordinance, and it shall be unlawful for CP&L, its agents, servants or employees to collect or attempt to collect higher rates within the City of Corpus Christi than are collected by CP&L within unincorporated areas. In the event that the rates for customers of CP&L in unincorporated areas are set less than the present rates of CP&L within the City of Corpus Christi, CP&L shall promptly file with the City a revised schedule of rates and tariffs, setting forth the new rates, tariffs, and charges based upon the decrease in total operating revenues resulting in the lower rates for unincorporated areas. Such schedule of rates and tariffs may be modified or amended by the City Council within ten (10) days from the date of filing with the City, otherwise the same shall be considered approved as filed. 02D.208.02 19103MICROFILMED • SECTION 3. That the action of the City Council of the City of Corpus Christi enacting this ordinance constitutes, on the day of its final passage, a final determination of rates for CP&L within the City of Corpus Christ in accordance with Section 43(e) of the Public Utility Regulatory Act. SECTION 4. Nothing in this ordinance contained 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 CP&L. SECTION 5. That all ordinances, resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. SECTION 6. 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 for its is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take final action on CP&L's rate request such finding of an emergency is made and declared requiring suspension of the Charter rules to consideration and voting upon ordinances or resolutions at three regular meetings so that this resolution is passed and shall take effect upon first reading as an emergency measure this the 26th day of November, 1985. ATTEST: 0.040 • ity Secre MAYO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 26 DAY OF NOVEMBER, 1985 02D.208.02 • corpus Christi, xas o(fi day of p� <l i.— , 198. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CI 'iF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19103