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HomeMy WebLinkAboutResolution No. 91-10 RESOL UT�ON NO. R91-10 A RESOL UTION OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST, RESPECTIVELY, AN ORDER RELATING TO THE SCHEDULE OF RATES FOR ELECTRIC UTILITY SERVICE TO BE CHARGED BY HOUSTON LIGHTING & POWER COMPANY WITHIN THE CITY. * * * * * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That the City Council of the City of Friendswood, Texas, hereby adopts an Order establishing a schedule of rates for electric utility service by Houston Lighting & Power Company within the corporate limits of the City. A copy of such Order is attached hereto and made a part hereof for all purposes. Section 2. That the Mayor and the City Secretary be, and they are hereby, authorized and directed to execute � and attest, respectively, the attached Order relating to electric utility rates to be charged by Houston Lighting & Power Company. PASSED, APPROVED, and ADOPTED this 4th day of March, 1991 . ul W. Schr der ayor ATTEST.• De oris Arche , MC City Secretary ORDER NO. R91-10 AN ORDER RELATING TO RATES TO BE CHARGED BY HOIISTON LIGHTING AND POWER COMPANYFOR ELECTRIC UTILITY SERVICE WITHIN THE CORPORATE LIMTI'S OF THE CITY OF FRIENDSWOOD, TEXAS; MAKING VARIOIIS FINDINGS RELATED TO THE SUBJECT,• REPEALING ALL ORDERS OR PARTS OF ORDERS INCONSISTENT HEREWITH;AND PROYIDING FOR SEVERABILI7'Y. * * * * * WHEREAS, on November 9, 1990, Houston Lighting & Power Company (the "Company" ) , filed with the City of Friendswood a Statement of Intent and Petition of Authority to Change Rates relating to electric utility service, and proper notice thereof was duly given; and WHEREAS, the City Council suspended the effective date of such proposed rate increase for Step One until March 18, 1991, and for Step Two until October 31, 1991; and WHEREAS, the City Council, having considered the Company's rate increase, finds that such request is excessive; and WHEREAS, the City Council, having original jurisdiction over the matter, finds that a lesser increase in rates should be prescribed for the Company; now therefore, BE IT ORDERED BY THE CITY CO UNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Sectionl. The City Council of the City of Friendswood hereby finds the requested rate of the Company to be excessive and unreasonable. Section 2. The City Council hereby approves and adopts the rates, adjustments, and determinations set out in Exhibit "A, " attached hereto and incorporated herein for all purposes . Section 3. The City has original jurisdiction over this case pursuant to Section 43 of the Public Utility Regulatory Act. Section 4. The City Council hereby determines, prescribes, establishes, and authorizes the increased rates for sale or supply of electric service by the Company within the corporate limits of the City of Friendswood as set out in this ORDER. The Company shall be authorized to collect such rates until such time as they may be changed, modified, amended, or withdrawn in accordance with applicable statutes and orders. Seclion 5. The City Council hereby authorizes and directs the City Secretary to serve the Company with a certified copy of this Order which is the final determination and order of the City. Section 6. The Company shall, within ten ( 10) days following the final passage and approval of th�s Order and thereafter whenever required by applicable statutes and orders and whenever requested by the City, file a complete schedule of rates and tariffs with the City setting forth all of the Company's rates and charges for utility service then in effect. The City is authorized to review, approve and require revisions to the tariff if it determines it not to be in accordance with this Order. Section 7. Nothing contained in this Order shall be construed now or hereafter as li.miting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of the Company. Section 8. All orders or parts of orders in conflict herewith are hereby repealed to the extent of such conflict only. -2- Secrion 9. In the event that the Company appeals from this Order setting electric rates for the Company, the City Attorney of the City of Houston or his designee is hereby authorized on behalf of the City to represent the Coalition of Cities in any and all matters in connection with such appeal and to take any and all actions necessary and incidental thereto and to the resolution of the matters subject to such appeal, and all as may be in the best interests of the City. Secrionl0. If any provision, section, subsection, sentence, clause, or phrase of this Order, 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 portions of this Order or their application to the other persons or sets of circumstances shall not be affected thereby, .it being . the intent of the City Council in adopting this Order that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof, and all provisions of this Order are declared to be severable for this purpose. PASSED, APPROVED, and ORDERED this 4th day of March, 1991. aul W. Schrader, Mayor -3- ATTEST.• Deloris Archer, CMC City Secretary -4-