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HomeMy WebLinkAboutO-1979-1179 . . ORDINANCE NO. 1179 . AN ORDINANCE ESTABLISHING RATES TO BE CHARGED BY HOUSTON LIGHTING & POWER COMPANY IN THE CITY OF LA PORTE, TEXAS, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITgDRAWN; CONTAINING FINDINGS AND PROVIS IONS RELATED TO THE SUBJECT'; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, on July 21, 1979, Houston Lighting & Fower Company filed with the City of La Porte, a request for an increase in rates to be charged within the City in the amount of $179.4 million per annum on a system-wide basis, and increase of approximately 10.5%; and WHEREAS, the City Commission is of the opinion that a . lesser increase in rates should be approved for the Company; and WHEREAS, the City Commission finds that a total increase of $48,500,000 will assure rates which are just and reasonable to both customers and the Company, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section I. That an increase in the rates of Houston Lighting & Power Company for electric power and energy sold within the . City of La Porte be approved in an amount such that the adjusted total system-wide operating revenues for the Company be increased $48,500,000 per annum, based on the adjusted test year ending March 31, 1979, which constitutes an increase of approximately 3%. Such rates, as are approved in accordance herewith, are those under which said Company shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City of La Porte, until such time as said rate schedules may be changed, modified, amended or withdrawn, with the approval of the City Commission. ". '. . . Ordinance No. 1179 , Page 2 Section 2. That the Company shall establish rates and 4It tariffs so as to allocate the authorized increase among customer classes in the same manner as proposed for its requested increase. Section 3. That the Company shall, within ten (10) days from the final passage of this ordinance, file with the City a I revised Schedule of Rates and Tariffs setting forth those rates, tariffs and charges ba$ed upon an increase in total operating revenues as prescribed herein. Such Schedule of Rates and Tariffs may be modified or ~ended by City Commission within ten (10) days from the date of filing, otherwise same shal1 be considered approved as filed. Said rates, as approved, shall be . effective from and after final passage of this ordinance and shall apply to each customer of the Company within the City of La Porte from and after each such customer's first regular meter reading following the effective date of this ordinance. Section 4. That the Schedules of Rates and Tariffs shall be subject to a monthly adjustment for changes in fuel cost calculated according to the formula presently in effect. Section S. That the action of the City Commission of the City of La Porte enacting this ordinance constitutes, on the . date of its final passage, a final determination of rates for sale of electric power and energy by Houston Lighting & Power Company within the City of La Porte in accordance with Section 43(e) of the Public Utility Regulatory Act. Section 6. Nothing in this ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City of La Porte under the law to regulate the rates and charges of Houston Lighting & Power for electric service within the City of La Porte. . -2- , . 1179 , Page 3 Ordinance No. . Section 7. AIl ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. If any provision, section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, void or invalid (or for any reason unenforce- able), or shall conflict in any way with rules and regulations of the Texas Public Utility Commission, the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intention of the City Commission of the City of La Porte in adopting this ordinance that no portion 4It thereof or provision or regulation contained therein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end, all provisions of this ordinance are declared to be severable. PASSED AND APPROVED THIS THE 3RD day of DECEMBER , 1979. CITY OF LA PORTE ~~ J. J. M~ ,.- . ATTEST: ~~~'-/ APPROVED: C~r<<ifAt~ -3- .