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1991 04 24 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 24, 1991 The City Council of the City of Baytown, Texas, met in special session on Wednesday, April 24, 1991, at 1:00 p.m. in the Conference Room of the Baytown City Hall with the following attendance: Mario Delgado Jimmy Johnson Ray Swofford Bobby J. Credille Rolland J. Pruett Emmett 0. Hutto Bobby Rountree Norman Dykes Ron McLemore Eileen P. Hall Absent: Pete C. Alfaro Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager Assistant City Attorney City Clerk Councilman The meeting was called to order with a quorum present, after which the following business was transacted: Consider Petitions for Administrative Review Filed by Ken Patel and Prakash L. Patel versus Houston Lighting and Power Mayor Hutto called to order the Public Hearing to consider a customer dispute between Mr. Ken Patel and Mr. Prakash L. Patel and Houston Lighting and Power Company. The mayor then asked the city manager to briefly describe the allegations and the procedure to be followed. The city manager explained that the City of Baytown had retained original jurisdiction over H L & P's rates, operations, and services within the city limits pursuant to the Texas Public Utility Regulatory Act. Therefore, if a customer is dissatisfied with his treatment by Houston Lighting & Power, he may file a complaint with the City and the govering body must rule on the issues involved. Im 910424 -2 Minutes of the Special Session - April 24, 1991 Mr. Ken Patel is complaining that Houston Lighting & Power, after finding evidence of what they believed was meter tampering at a motel owned by Mr. Patel in Mont Belvieu, recalculated his account and back billed him for a substantial sum ($108,000). After Mr. Patel sold that motel, Houston Lighting & Power transfered that delinquent account to a motel he owns in Baytown. When Mr. Patel failed or refused to pay the bill, electrical service to the Baytown motel was terminated. The city manager emphasized that the city will agree with the petition that the acts, events and circumstances which occurred in Mont Belvieu are within the City of Mont Belvieu's exclusive jurisdiction; and therefore, the city council of Baytown cannot address the fairness or legality of H L & P's finding of meter tampering and related questions. Only one issue before the city council is a fact issue - was the change of customer identify (the lease) made at the Baytown motel, made to avoid payment of a utility bill. Houston Lighting & Power has the burden of proof on this issue. The other two issues are the legality of the transfer of the delinquent bill from the customer's Mont Belvieu motel to his Baytown motel, and (2) transfer of the debt to a Houston Lighting & Power affiliate for collection. Both being legal issues, each side will present their argument and law in their opening statement. Each side will be allotted a maximum of twenty to thirty minutes. Mr. Ken Patel was present represented by Andrew Lannie. Houston Lighting & Power was present represented by Rick Peebles. The city manager explained that both sides should utilize the podium when addressing council. He explained that the chair to the left of the podium would be utilized by any witnesses called to testify in the proceeding and that the city clerk would swear in all witnesses. Mr. Rountree explained that due to the Texas Open Meetings Act, the hearing would not be in closed session. However, an executive session had been posted for the purpose of council deliberation on the issues. Each side was permitted an opening statement to describe their dispute and the legality of the transfers. After opening statements by Mr. Lannie and Mr. Peebles, council requested that a copy of the lease agreement between Ken Patel and Prakash L. Patel be produced. Council examined the lease agreement, questioned Mr. Patel and Houston Lighting & Power representatives. After which, Mayor Hutto recessed the open meeting into executive session to deliberate. 910424 -3 Minutes of the Special Session - April 24, 1991 When the open meeting reconvened, the city manager explained that council would address three different questions. The first question, "May Houston Lighting & Power transfer the Mont Belvieu motel delinquent bill to the customer's Baytown motel following sale of the Mont Belvieu motel ?" Councilman Swofford moved that on Question No. 1, the council vote "yes." Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Delgado, Johnson, Swofford, Credille and Pruett Mayor Hutto Nays: None The city manager read Question No. 2, "May Houston Lighting & Power transfer the debt to a H L & P affiliate company for collection ?" Councilman Johnson moved that the answer to Question No. 2 be "yes." Councilman Swofford seconded the motion. The vote follows: Ayes: Council members Delgado, Johnson, Swofford, Credille, and Pruett Mayor Hutto Nays: None The city manager read the third question, "Was the change of customer identify, the lease to Prakash L. Patel, a sham to avoid or evade payment of the contested delinquency ?" Councilman Credille moved that the answer to Question No. 3 be "yes." Councilman Swofford seconded the motion. The vote follows: Ayes: Council members Credille and Swofford, Nays: Council members Delgado, Johnson and Pruett Mayor Hutto 910424 -4 Minutes of the Special Session - April 24, 1991 Council Delgado moved that the change of customer identity, the lease to Prakash L. Patel, was not made to avoid or evade payment of the contested delinquency. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Delgado, Johnson, and Pruett Mayor Hutto Nays: Council members Swofford and Credille Adjourn There being no further business to be transacted, the meeting was adjourned. . �P, Eileen P. Hall City Clerk 3.2.14