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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 Section 3 : All resolutions and parts of resolutions inconsistent with the terms of this resolution are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this resolution shall be cumulative of other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 . b:k1h4/sec42