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HomeMy WebLinkAboutResolution No. 91-17 . Agenda 4/ 15/91 RESOLUTION N0. T91-17 AN RESOLUTION APPROVING THE SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION ON FEBRUARY 27, 1991 , AND AUTHORIZING THE CITY OF FRIENDSWOOD TO BECOME A SIGNATORY TO THE SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION IN THE HOUSTON LIGHTING & P�WER RATE INCREASE REQUEST; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. � � � � � WHEREAS , on November 9, 1990, Houston Lighting & Power Company (the "Company") filed with the City of Friendswood, Texas (the "City") , a Statement of Intent and Petition for Authority to Change Rates relating to electric utility service, and proper notice thereof was duly given ; and WHEREAS, the City Council of the City suspended the effective date of such proposed rate increase for Step One until March 18, 1991 , and Step Two until October 31 , 1991 ; and WHEREAS , pursuant to City of Friendswood Resolution No. R91-1Q, passed and approved March 4, 1991 , the City Council established rates to be charged by the Company for electric utility service within the corporate limits of the City; and WHEREAS , after intense negotiations with other intervenors , the Public Utility Commission (the "PUC") staff, and the Company, a settlement of the issues raised in the case has been achieved which is essentially the same as adopted by the City Council of the City in said Resolution No. R91-10; and WHEREAS, a Settlement Agreement was filed with the PUC on February 27, 1991 ; now, therefore, AC ENDA ITEM city Councii Date:,� �,��_.L��_. >�,�: .t.' ,_; ���IeCI � Y BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS : Section 1 . The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. The City Council of the City hereby finds and determines that the Settlement Agreement filed with the PUC on February 27, 1991 , is reasonable and in the best interest of the City. Section 3. The City Council hereby approves and adopts said Settlement Agreement, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes . Section 4. The City Council hereby recommends that the PUC adopt the Settlement Agreement. Section 5. The Mayor is hereby authorized and directed to execute said Settlement Agreement for and on behalf of the City, it being the intent of the City Council that the City become a signatory party to said Agreement. Section 6. The City Council hereby authorizes and directs the City Secretary to serve the Company with a certified copy of this Resolution. Section 7. Nothing contained in this Resolution 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 the Company. -2- Section 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 9. In the event the PUC does not adopt the Settlement Agreement setting electric rates for the Company, the City Council hereby authorizes the City Attorney of the City of Houston or his designees to represent the City and its citizens in any and all matters in connection with Docket 9850 and to take any and all actions necessary and incidental thereto and to the resolution of such matters , all as may be in the best interest of the City. Section 10. If any provision, section, subsection, sentence , clause , or phrase of this Resolution, 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 Resolution 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 Resolution 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 Resolution are declared to be severable for this purpose. PASSED, APPROVED, AND ADOPTED this �� day of , 1991 . -3- au . c ra er Mayor ATTEST: De o is rc er, CM City Secretary -4-