Ordinance No. 2,0456845
ORDINANCE NO.2045
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFBAYTOWN,
TEXAS,AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
PROVIDING FORPUBLIC UTILITY COMMUNICATION RULES AS
REQUIRED BY THE PUBLIC UTILITY REGULATORY ACT,TEX.
REV.CIV.STAT.ART.1446c,SECTION 34 AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
WHEREAS,the Public Utility Regulatory Act,Art.1446c,
V.A.C.S.,provides in part thatthe governing body of each
municipality shall have exclusive original jurisdiction for
the regulation of the rates and services of all public
utilities providing service within the City limits,with the
exception of telecommunications utilities,andhas defined
each municipality as the Regulatory Authority for the purpose
of exercising such jurisdiction;and
WHEREAS,Section 34 of the P.U.R.Act provides that the
Regulatory Authority shall prescribe regulations governing
communications by public utilities,their affiliates and
their representatives,with the Regulatory Authority or any
member or employee of the Regulatory Authority;and
WHEREAS,the City Council proposes to adopt a set of
rules to be known as the "Public Utility Communications
Rules",for the purpose of complying with Section 34 of the
P.U.R.Act,and for the purpose of governing the conduct of
all communications,verbal or written,between public util
ities,their affiliates and representatives with the Reg
ulatory Authority,its members and employees;
BE IT ORDAINED BY THECITY COUNCIL OF THECITY OF
BAYTOWN:
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Section 1:That Chapter 31 of the Code of Ordinances
of the City of Baytown is hereby amended by adding a section
to be numbered Article VI.,which said Article reads as
follows:
"ARTICLE VI.—PUBLIC UTILITY COMMUNICATIONS RULES.
Sec.31-70.Definitions.
(a)"P.U.R.Act"shall mean the Public Utility Regu
latory Act,Tex.Rev.Civ.Stat.,art.1446c.
(b)"Public Utility"shall include every entity defined
asa public utility in theP.U.R.Act doing busi
ness within the City of Baytown and whose rates
and services are subject to regulation by the
City Council of the City of Baytown.
(c)"Regulatory Chain"shall mean the Mayor,the City
Council,the City Attorney,the City Manager and
any other employees of the City of Baytown whose
duties are directly connected,in whole or in
part,with the regulation of rates and services of
public utilities.Staff members employed by the
persons enumerated above are in the regulatory
chain when their assigned duties relate to the
regulation of public utility rates and services.
City employees who deal with public utilities on
matters not involving the regulation of rates
and services are not within the regulatory chain.
(d)Definition of terms in the P.U.R.Act are adopted
herein by reference for the purposes of these
rules.
Sec.38-3.Purpose.
It is the declared purpose of these Rules to regulate
communications between public utilities and members of the
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regulatory chain,and to provide for maintenance of records
of such communications in compliance with Section 34 of the
P.U.R.Act.The principal avenue for communications intended
to affect the decisions of the City Council on matters
regarding the regulation of public utility rates and services
shall be in open session of the City Council.The principal
contact for communications regarding the day to day super
vision of regulated utility companies by the City and regard
ing matters under review by the City staff shall be the City
Manager.
Sec.38-4.Maintenance of Communications Records and Logs.
(a)Records to be kept:The Mayor,members of City
Council,the City Attorney,the City Manager and
all other members of the regulatory chainshall
each maintain a permanent record of all contacts,
oral or written,with employees or representatives
of public utilities or their affiliates.
(b)Form.Each record shall be maintained as a log.
The City Manager shall provide each member of the
City Council and eachCity employee within the
regulatory chain with a log to keep these records.
(c)Content.Such records shall contain:
(1)Names of the parties.
(2)Date of the communication.
(3)Brief description of the subject matter of
the communication.
(4)Action requested,if any.
(5)Whether the communication was oral or written.
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(d)Copy to the City Manager:
By the tenth (10th)day of each month,each member
shall forward a copy of his or her log for the
preceding calendar month to the City Manager.The
City Manager shall maintain a cumulative file of
all suchlogs submitted,which shall be available
for public inspection at all times during regular
business hours.
(e)Communications not required to be logged:
The following are exempt from the loggingrequire
ments set forth above:
(1)Routine inquiries initiated by the City
Manager or other City employees;
(2)Communications deemed confidential by law,
either Constitutional,statutory,or by
judicial decision;
(3)Communications between attorneys relating to
litigation and settlement negotiations between
the City and the utility once a lawsuit has
been filed;
(4)Contacts by the utility with City employees
or members of the regulatory chain when
such contacts do not pertain to the regula
tion of rates and services,including (but
not limited to):Liasion with the City
regarding streetcuts or easements;Use of
property by the Parks and Recreation Depart
ment;Payment of taxes;Settlement of tort
claims."
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Section 2:Repealing Clause:All ordinances or parts
of ordinances inconsistent with the terms of this ordinance
are hereby repealed;provided,however,thatsuch repeal
shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter
covered by this ordinance.
Section 3:Savings Clause:If any provisions,section,
exception,subsection,paragraph,sentence,clause or phrase
of this ordinance or the application of same to any person
or setof circumstances,shall for any reason be held uncon
stitutional,void or invalid,such invalidity shall not
affect the validity of the remaining provisions of this
ordinance of their application to other persons or sets of
circumstances and to this end all provisions of this ordi
nance are declared to beseverable.
Section 4:Effective Date:This ordinance shall take
effect immediately from and after its passage bythe affir
mative vote of theCity Council of the City of Baytown.
INTRODUCED,READ and PASSED by the affirmative vote of
a majority of the City Council of the City of Baytown this
22nd day of July 1976.
TOM GENTRY,Mayor
ATTEST:"
EILEEN P.HALL,City Clerk
APPROVED:
NEEL RICHARDSON,City Attorney
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