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
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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.
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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
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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