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HomeMy WebLinkAbout027170 ORD - 02/27/2007ORDINANCE NO. ! 27170 AN ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT AEP TEXAS CENTRAL COMPANY'S REQUESTED INCREASES TO ITS ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE DENIED; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; RESOLVING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF; AND DECLARING AN EMERGENCA WIIEREAS. pursuant to 33.001 of the Public Utility Regulatory Act, the City has exclusive original jurisdiction over the electric rates. operations, and services provided within City `Limns_ WIIEREAS. on or about November 9. 2006, AEP Texas Central Company ("TCC" or "Compam') filed with the City tin application seeking to increase electric transmission and distribution rates bn. 1 3% on a system -wide basis: WHEREAS. the Company proposed an effective date of December 14, 2006, that was suspended by resolution to provide time to study the reasonableness of the application; WHEREAS. the ctty, in a t casonably noticed public hearing, considered the Company's application and a recommendation trom the City',: consultants who were retained to evaluate the merits of the Company's application WHEREAS. the City has determined that the Company's requested increase in revenues for its transmission and distribution systems within the City should be denied, and that current rates should stay in effect: NOW, THEREFORE. HF T ORDAINED BY THE CITY COUNCIL OF THE CITY OE CORPUS CHRISTI_ TEXAS: SECTION 1 That the rates proposed by AEP Texas Central Company, to be recovered through its electric transmission and distribution rates charged to customers located within the (.-'ity limits. are hereby found, after reasonable notice and hearing, to be unreasonable and shall be denied. SECTION 2 l ha! the C ?mpany shall continue to charge its existing rates for transmission and distribution services to customers within the City. SECTION 3 That fees and expenses incurred by the City related to these proceedings shall be reimbursed by the Company pursuant to the Public Utility Regulatory Act. SECTION 4. That the meeting at which this Ordinance was adopted was open to the ;public, as required b 'eyes law. -and that advance public notice of the time, place and purpose ,7f said nnecting was given SECTION 5. That this Ordinance shall be served on AEP Texas Central Company by 1 S Mail to the Company 's authorized representative. Nancy Napolitano, 400 West 15` Street, Suite 15120. Austin. Texas 78701. SECTION 6. Thai nothing contained in this Ordinance shall be construed now or hereafter in limiting or mi+difving. in any manner, the right and power of the City under law to regulate the rates and charges of Al( P Icxas Central Company. SECTION 7 1[hat upon written request of the Mayor or five Council members, copy attached. the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of l'ehruary..'007 -ATTEST76/: THF CITY OF CORPUS CHRISTI .Armando Chapa Henry Garrett Citi Secretary Mayor APPROVED: Fehruary 21', 2007 Lisa Aguilar Assistant City Attorney for City .Attorney Corpus Christi, Texas day of 91 iC , 2007 The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jon Marez Jesse Noyola Mark Scott