ORD 1987-23 - Communications With Public Utilities 09-22-1987ORDINANCE NO. 87- 23
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING
CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF
THE CITY OF HUNTSVILLE, TEXAS, BY ADOPTING A NEW
ARTICLE V. COMMUNICATIONS WITH PUBLIC UTILITIES;
REGULATING COMMUNICATIONS BY PUBLIC UTILITIES, THEIR
AFFILIATES AND THEIR REPRESENTATIVES, WITH THE CITY AND
ITS EMPLOYEES; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS Texas Revised Civil Statutes article 1446c, Section 34, requires that
a City regulate communications by public utilities with the City and its
employees;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Chapter 2, Administration, of the Code of Ordinances of the City
of Huntsville, Texas, is hereby amended by the adoption of a new Article
V, Communications with Public Utilities, that shall read as follows:
ARTICLE V. COMMUNICATION WITH PUBLIC UTILITIES.
Sec. 2 -60. Definitions.
(a) PURA shall mean the Public Utility Regulatory Act, Texas
Revised Civil Statute article 1446c.
(b) Public Utility shall include every entity defined as a public
utility in PURA which does business in the City of Huntsville
and whose rates and services are subject to regulation by the
City, except a municipally -owned public utility of the City.
(c) Regulatory Chain shall mean the Mayor, the City Council, the
City Manager, and the City Attorney. City employees who deal
with public utilities on matters not involving the regulation
of rates and services are not within the regulatory chain.
Sec. 2 -61. Maintenance of Records.
(a) All members of the regulatory chain shall each maintain a
permanent record of all communications, oral or written, with
employees or representatives of public utilities, their
holding companies or affiliates, if the sale, service or
operation of the public utility is discussed.
(b) Each such record shall contain the name of the persons, the
date of the contact, a description of the subject matter of
the communication, and action requested, if any.
(c) The following communications are exempt from the logging
requirements:
(1) routine inquiries initiated by the City Manager or
other City employees;
(2) communications deemed confidential by law, either
constitutional, statutory or judicial;
(3) communications between attorneys relating to litigation
and settlement negotiations between the City and the Utility
after a lawsuit is filed; or
(4) contacts by the utility with City employees or members
of the regulatory chain that do not pertain to the regulation
of rates or services. Contacts not subject to the logging
requirement would include, but not be limited to,
communications related to use of city streets, easements, or
rights -of -way, use of city parks or other facilities, payment
of taxes, and settlement of tort claims.
Sec. 2 -62. Records available.
On or before the 10th day of each calendar quarter, each such
person shall furnish a copy of his record for the last
preceding calendar quarter to the City Secretary, provided
that the records need not be furnished if no entries were
required to be made therein. The City Secretary shall
maintain a file or summary of the records submitted which
shall be available for public inspection.
Section 2: This ordinance shall take effect immediately from and after its
passage by City Council.
PASSED AND APPROVED on this the , "day of ,5 f rEiv)847 , 1987.
THE CITj OF HUNTSVILLE, TEXAS
ATTEST:
haw, City ecretary
APPR
AS TJ ORM:
sounds, City orney
By
Jan onday, ayor