HomeMy WebLinkAboutO-1990-1737
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ORDINANCE NO. 11~7
AN ORDINANCE DENYING THE
UTILITY SERVICE FILED BY
CONTAINING FINDINGS AND
FINDING COMPLIANCE WITH
EFFECTIVE DATE HEREOF.
PROPOSED SCHEDULE OF
HOUSTON LIGHTING &
OTHER PROVISIONS RELATED
THE OPEN MEETINGS LAW;
RATES FOR ELECTRIC
POWER COMPANY;
TO THE SUBJECTJ
AND PROVIDING AN
WHEREAS, on November 9, 1990, Houston Lighting & Power Company
(the nCompanyn) filed with the City a proposed schedule of rates
(Steps 2 and 3 of its rate moderation plan, the first step of which
was approved by the Public Utility Commission in the Company's most
recent rate case) for electric utility service within the City's
limits to be effective as of December l7, 1990J and August 2, 1991,
respectively.
WHEREAS, the Company's proposed
detailed material supporting those
evaluation and studYJ and
electric rate changes and the
changes require comprehensive
WHEREAS, the Public Utility Commission of Texas (the
nCommissionn) has the authority and expertise to adjudicate these
complex issues and will, in fact, be doing so for other similarly
situated cities and unincorporated areas within the Company's
service territorYJ and
WHEREAS, the City is desirous of assuring that it will have the
opportunity to continue to review the Company's case in an effort to
negotiate a settlement of all issues before the Public utility
Commission; and
WHEREAS, the City, through the below denial of the Company's
proposed schedule of rates, is not deciding the case on the merits
but is basing its rationale for denial solely on the above four
paragraphs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section l. Pursuant to the provisions of the TEX. REV. CIV.
STAT. ANN. art. l446 S4"3(d) (Vernon Supp. 1990), the City Council
hereby denies the Company's proposed schedule of rates. Such denial
shall be effective when a copy of this ordinance is delivered to the
Company, as provided below.
Section 2. The Mayor is hereby authorized to deliver a true
and certified copy of this ordinance to the Company at once. Such
copy shall constitute a statement of the reasons denying the
Company's rates consistent with the above and shall also constitute
notice of such denial.
Section 3. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 4. If any provision, section, subsection, sentence,
clause, or phrase of this ordinance, or the application of same to
any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining
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ORDINANCE NO. ~137
PAGE 2
portions of this ordinance or their application to other persons or
sets of circumstances shall not be affected thereby, it being the
intent of the City Council in adopting this ordinance that no
portion hereof or provision or regulation contained shall become
inoperative or fail by reason of any unconstitutionality, voidness
or invalidity of any other portion hereof, and all provisions of
this ordinance are declared to be severable for purpose.
Section 5.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-l7, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 6. This Ordinance shall be effective from and after
its passage and approval.
PASSED AND APPROVED, this lOth day of December, 1990.
B c~ OF LA POR
~~an
ATTEST:
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Ca8r 18 Blaek A-S-S'lsrA-P'f- +0 fLoe.
City Secretary
(5Z'dd-
Knox W. Askins
City Attorney