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-