CC Resolution No. 1229 2373
RESOLUTION NO. 1229
A RESOLUTION AUTHORIZING NOTICE AND PUBLIC HEARING UNDER
SECTION 42 OF THE PUBLIC UTILITY REGULATORY ACT REGARDING
THE ELECTRIC UTILITY RATES IN THE CITY OF BAYTOWN, TEXAS;
CONTAINING RELATED PROVISIONS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of Baytown (the "City") is authorized under
the terms of the Texas Public Utility Regulatory Act, to regulate
electric rates within the City to the extent provided therein; and
WHEREAS, certain parties have instituted with the Public
Utility Commission of Texas a rate proceeding styled "Complaint of
Kenneth D. Williams against Houston Lighting an Power, " Docket No.
12065 seeking action of the Public Utility Commission to lower
electric rates charged by Houston Lighting and Power ("HL&P") for
certain unincorporated areas within its service area; and
WHEREAS, the City of Houston has instituted a similar
proceeding for areas within its boundaries; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The City Manager is authorized to give notice
and set a public hearing under Section 42 of the Public Utility
Regulatory Act, art. 1446c Tex. Rev. Civ. Stat. Ann. regarding
electric utility rates in the City. Such public hearing shall be
held on December 5, 1994, at 8 o ' clock a.m. , in the Julia Ideason
Building, City of Houston Library, 500 McKinney, Houston, Texas, or
at such date, time and place as hereafter directed by the City of
Houston and/or the hearing examiner. At the scheduled public
hearing, the City of Houston is hereby authorized to convene and
the hearing examiner appointed by the City of Houston is hereby
authorized to conduct the hearing on behalf of the City of Baytown.
Such hearing is an evidentiary hearing and no public comment will
be had.
Section 2 : The City Manager shall require HL&P to file
rate data with the City, and the City Manager may require that HL&P
file the same data with the City of Houston or the Public Utility
Commission. The City Manager is authorized to take all other
action necessary or convenient for the section 42 proceeding.
Section 3 : All resolutions and parts of resolutions
inconsistent with the terms of this resolution are hereby repealed;
provided however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this resolution shall
be cumulative of other resolutions regulating and governing the
subject matter covered by this resolution.
2374
Section 4 : If any word, phrase, clause, sentence
paragraph, section or other part of this resolution or the
application thereof to any person or circumstance, shall ever be
held to be void, invalid or unconstitutional, such provisions of
this resolution or their application to other persons or sets of
circumstances and to this end all provisions of this resolution are
declared to be severable.
Section 5: This resolution shall take effect from and
after ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by mail to HL&P and
by causing the caption of this resolution to be published in the
official newspaper of the City of Baytown at least twice within ten
(10) days after passage of this resolution. The City Manager may
reschedule the public hearing set forth herein by giving further
notice in the same manner.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this loth day of November,
1994 .
PETE C. ALFNRO, Mayor
ATTEST:
II P
EILEFN P. ice, City Clerk
APPROVED AS TO FORM:
,,�- IACIO RAMIREZ, S .
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