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
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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
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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