HomeMy WebLinkAbout022502 ORD - 02/27/1996AN ORDINANCE
REVISING THE RATES OF CENTRAL POWER AND LIGHT COMPANY
IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR
CONDITIONS, SEVERABILITY, AND REPEAL OF CONFLICTING
ORDINANCES.
WHEREAS, on November 6, 1995, Central Power and Light Company (CPL or Company)
filed with the City of Corpus Christi (hereinafter "City") a request for an increase in electric utility
base rates to be charged within the City in the amount of $77.652 million per annum on a system
wide basis; and
WHEREAS, the City, having suspended the effective date for ninety (90) days to permit
an evaluation of the reasonableness of CPL's request; and
WHEREAS, the consultants retained by the Steering Committee of Cities Served By CPL
to review CPL's request have found no merit to the proposed rate increase and have instead
recommended that CPL's existing rates be determined to be unreasonable; and
WHEREAS, the City, having considered CPL's request after reasonable notice and public
hearing, is of the opinion and finds that the rates of CPL should be reduced;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
Part 1: The rates, tariffs, and charges of CPL for electric power and energy. sold within the
City be revised to reduce annual base revenues by $54,562,000 on a Texas retail basis. The
Schedules of Rates resulting from said reduction are those under which the Company shall be
authorized to render electric service and to collect charges from its customers for the sale of electric
power and energy within the corporate limits of the City until such time as said Rate Schedules may
be changed, modified, amended, or withdrawn, with the approval of the City Council.
Part 2: The rates approved hereby fix the overall revenues of the Company at a level which
will permit CPL a reasonable opportunity to earn a reasonable return on its invested capital used and
useful in rendering service to the public over and above the Company's reasonable and necessary
operating expenses. The rates approved hereby are just and reasonable.
Part 3: The rates approved hereby shall be effective and in force as of the date hereof for
consumption as of the date hereof and shall be charged and observed thereafter until revised or
superseded by bond according to law. Billings for periods of consumption which include
consumption both under the Company's existing rate and the rate established hereby shall be
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prorated, based on the days within each such period, as though daily consumption was equal on each
day throughout both such periods. The rate design shall be in accord with the existing rate design
and shall reflect an equal base rate percentage decrease across all customer classifications.
Part 4: Any CPL request for modification of existing tariffs, rates or schedules not
specifically addressed herein is denied.
Part 5: Notwithstanding any other provision herein contained, the rates of CPL within the
City shall not, in any case, exceed the rates of customers of CPL 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 CPL, its agents, servants or employees to collect or attempt to collect higher rates
within the City than are collected by CPL within unincorporated areas.
Part 6: The action of the City Council of the City enacting this Ordinance constitutes, on the
date of its final passage, a final determination of rates for CPL within the City in accordance with
Public Utility Regulatory Act §2.212.
Part 7: 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.
Part 8: Should any part, sentence or phrase of this ordinance be determined to be unlawful,
void or unenforceable, the validity of the remaining portions of this Ordinance shall not be adversely
effected. No portion of this Ordinance shall fail or become inoperative by reason of the invalidity
of any other part. All provisions of this Ordinance are severable.
Part 9: Cities' lawyers and consultants will participate in Public Utility Commission of Texas
Docket No. 14965 in any appeal of this ordinance and to pursue refunds of unreasonable fuel costs
that may appear appropriate in the fuel reconciliation phase of that docket.
Part 10: That all Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed
to the extent of such conflict.
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That the foregoing ordinance was read for the first time and passed to its second reading on
this theZO day of T Li^yt t'n , 19 CtL , by the following vote:
Mary Rhodes Betty Jean Longoria1r
Dr. Jack Best John Longoria
Betty Black Edward A. Martin X�{ sof
Melody Cooper Lids Dr. David McNichols
Tony Heldenfels
That the foregoing ordinance was read for the second time and passed finally on this the LI day
of i,�h Ciwt,) , 19 C,(p , by the following vote:
Mary Rhodes Cki Betty Jean Longoria
Dr. Jack Best CLt John Longoria
Betty Black C�,c)1- Edward A. Martin
Melody Cooper
Tony Heldenfels
PASSED AND APPROVED, this the 2rl day of re.�Yt.gQA ,,-� , 1996.
Dr. David McNichols
ATTE _ :
Armando Chapa, City Secret. " MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED THIS 14TH DAY OF FEBRUARY, 1996:
JAMES R. BRAY, JR., CITY ATTORNEY
By:
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