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HomeMy WebLinkAbout022110 ORD - 12/13/1994AN ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT THE EXISTING RATES OF CENTRAL POWER AND LIGHT COMPANY ARE UNREASONABLE; RE -DETERMINING JUST AND REASONABLE RATES TO BE OBSERVED AND IN FORCE WITHIN THE CITY; RE -ORDERING RATE REDUCTIONS; ORDERING THAT THIS ORDINANCE BE SERVED ON CENTRAL POWER AND LIGHT COMPANY; PRESERVING REGULATORY RIGHTS OF THE CITY; AND PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES. WHEREAS, the City of Corpus Christi (City), acting as a regulatory authority has previously reduced the rates of Central Power and Light Company (CPL), after notice and hearing (which proceedings and evidence are hereby judicially noticed and incorporated herein), through an ordinance that is on appeal to the Public Utility Commission of Texas (PUC) in Docket No. 12820; and WHEREAS, the City has found that the existing rates for CPL are unreasonable and should be reduced; and WHEREAS, questions exist as to the jurisdictional time for the PUC to review the City's ordinance under PURA §26(g)(3); and WHEREAS, the City has agreed to a procedure for Docket No. 12820 that permits hearings to take place after the expiration of jurisdiction under PURA §26(g)(3) and requires any ultimate reductions in rates to be made retroactive to June 15, 1994; and WHEREAS, it is anticipated that this ordinance will be appealed and consolidated with Docket No. 12820; and WHEREAS, City and CPL have agreed to an expedited schedule for consideration of this action; and WHEREAS, Raymond Hasker intervened in CPL proceedings before the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The existing rates of CPL are hereby found, after reasonable notice and hearing, to be unreasonable and shall be decreased to reflect the reductions hereinafter ordered. The rates resulting from such reductions and credits are hereby determined to be the just and reasonable rates to be observed and in force within the City. URB\ORD\005.aar •'?_.-i0 LME 2 SECTION 2. It is hereby re -ordered that the base rates of CPL for electric power and energy sold within the City be decreased by the amount of $136,932,813 per annum on a Texas retail system- wide basis. Such base rate decrease shall be implemented on an across-the-board basis so that the base rates for all customer classes and each component thereof are reduced by the same percentage amount. SECTION 3. Understanding that CPL intends to appeal this ordinance and seek consolidation of the appeal with pending Public Utility Commission of Texas Docket No. 12820, the rate reduction ordered herein should not take effect until the effective date of any rate change ordered by the Public Utility Commission of Texas in Docket No. 12820. Should CPL fail to appeal this ordinance, the rate reduction ordered shall take effect 35 days after it is received by CPL pursuant to the terms of Section 5 below. SECTION 4. Raymond Hasker is recognized as an intervenor with the right to appeal this ordinance to the Public Utility Commission. SECTIONS. This ordinance shall be served on CPL by U. S. mail to Ralph Underbrink, P. O. Box 2121, Corpus Christi, Texas 78403. SECTION 6. 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 7. All Ordinances, resolutions, or parts thereof, in conflict herewith, are repealed tot he extent of such conflict. VRB\ORD \005.aar T 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 21 day of HOVeernizr , 19 out_ by the following vote: Mary Rhodes "-1" Edward A. Martin Dr. Jack Best y rDr. David McNichols Melody Cooper � David Noyola Cezar Galindo kit) Clif Moss Betty Jean Longoria That th foregoing ordinance was. read for the second time and passed finally on this the 13 day of Dt'�R v'Lbe r , 19 04, by the following vote: Mary Rhodes Edward A. Martin Dr. Jack Best Dr. David McNichols Melody Cooper David Noyola Cezar Galindo Betty Jean Longoria PASSED AND APPROVED, this the 12) day of b f u mbcr" , 19 614. ATTEST: IVB Clif Moss tCL� ando Chapa, City Secr rY MAYO C THE C Y F CORPUS CHRISTI APPROVED THIS 9TH DAY OF NOVEMBER, 1994: JAMES R. BRAY, JR., CITY ATTORNEY (AA-(5michi a0(acvP� 5si5tci C2}�Gff UAB\ORD\005.aar