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HomeMy WebLinkAboutResolution - 430 - Reset Public Hearing - SPEC, Inc. - Rate Application Filed 11/23/79 - 02/28/1980r II RESOLUTION RESOLUTION 430 - 2/28/80 A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, CONTINUING AND RESETTING PUBLIC HEARING UPON RATE APPLICATION FILED BY SOUTH PLAINS ELECTRIC COOPERATIVE, INC. WHEREAS, the South Plains Electric Cooperative, Inc., filed its Rate Application with the City of Lubbock, Texas, on the 23rd day of November, 1979; and, WHEREAS, the City Council of the City of Lubbock as the Regulatory Au- thority having exclusive original jurisdiction over utility rates within the corporate limits of the City of Lubbock, Texas, under Vernon's Ann.Civ.St., art. 1446c, on the 20th day of December, 1979, by resolution, suspended the operation of such proposed rate schedules for a period of 120 days beyond the date on which such schedules would otherwise go into effect; and, WHEREAS, on the 20th day of December, 1979, the City Council of the City of Lubbock as the Regulatory Authority by Resolution 4373 set a public hearing upon said Rate Application to commence in Council Chambers on.the second floor of the Municipal Building, in Lubbock, Lubbock County, Texas, at 2:00 o'clock P.M., on Thursday the 24th day of January, 1980; and, WHEREAS, legal counsel for both the South Plains Electric Cooperative, Inc., and the City Attorney as Staff Counsel for the Regulatory.Authority, by joint motion dated the 15th day of January, 1980, requested that such public hearing be continued and re -set for hearing at 3:00 P.M. on Thursday, the 28th day of February, 1980, and such joint motion was considered and granted by the City Council on the 24th day of January, 1980, by Resolution 4401; and, WHEREAS, legal counsel for both the South Plains Electric Cooperative, Inc., and the City Attorney as Staff Counsel for the Regulatory Authority, by joint motion dated the 27th day of February, 1980 (a copy of said joint motion being attached to this resolution), have requested that such public hearing be again continued and re -set for hearing at the same place and hour on Thursday, the 24th day of April, 1980; and, WHEREAS, upon consideration of said joint motion upon this the date, time and place at which such public hearing was originally set, the City Council as the Regulatory Authority finds that such joint motion is proper, appropriate and necessary and that same should be granted; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Pursuant to the provisions of Vernon's Ann.Civ.St. art. 1446c, the public hearing upon the Rate Application filed by South Plains Electric Cooperative, Inc., on the 23rd day of November, 1979, as previous set to commence in Council Chambers on this date, at this place, and at 3:00 o'clock P.M., should be, and is hereby continued and re -set to commence in Council Chambers on the second floor of the Municipal Building, in Lubbock, Lubbock County, Texas, at 3:00 o'clock P.M., on Thursday, the 24th day of April, 1980, thereupon and there- after to be convened and continued for such hearing days and periods as provide full opportunity for presentation of evidence from all interested and affected persons; but in no event shall such continuance extend the ultimate date of determination beyond that period set by the Public Utility Regulatory Act of the State of Texas; and by this action the joint motion of counsel above described is accordingly granted. ADOPTED by the City Council of the City of Lubbock, this the 28th day of February, 1980. ATTEST: Evelyn Ga ga, City r ary-Trea surer APPROVED AS TO FORM: James P. Brewster, Civil Trial Attorney on behalf of John C. Ross, Jr., City Attorney COL -4. �= Q -"� U'OUNCf"LWOMAN"CdROLY JORDAN Presiding Officer RE: RATE APPLICATION § BEFORE THE CITY COUNCIL § OF THE CITY OF LUBBOCK, TEXAS SOUTH PLAINS ELECTRIC § § SITTING AS COOPERATIVE, INC. § § FILED November 23, 1979 § THE REGULATORY AUTHORITY MOTION FOR CONTINUANCE COMES NOW Dale Johnson, the attorney of record for the South Plains Electric Cooperative, Inc., and the City Attorney, as staff counsel for the City Council of the City of Lubbock, Texas, sitting as the Regulatory Authority under Vernon's Ann.Civ.St., art. 1446c, and jointly move and request of the City Council that the public hearing upon the rate application filed November 23, 1979, and set to commence in Council Chambers on the second floor of the Municipal Building, in Lubbock, Lubbock County, Texas at 3:00 o'clock P.M., on Thursday the 28th day of February, 1980, such setting being by Resolution #401, adopted by the City Council on the 24th day of January, 1980, be upon such date by resolution continued and re -set for hearing at such same hour and place on Thursday, the 24th day of April, 1980. That the reasons justifying such continuance and re -setting are as follows: (1) An identical rate application by South Plains Electric Cooperative to that here before the City Council is pending hearing before the Public Utility Commission of Texas, and the determinations upon such other pending application will be of significance and assistance to the City Council in its deliberations as to the Rate Application as to areas within the City of Lubbock served by South Plains Electric Cooperative, Inc. Respectfully submitted jointly this the_l/ 'day of February, 1980. SOUTH PLAINS ELECTRIC COOPERATIVE, INC. BY Dale Johnso McWhorter, d6bb, & Johnson 1502 Avenue Q Lubbock, Texas 79401 JOHN C. ROSS, JR. CITY ATTORNEY S BY s P. Brewster C it Trial Attorney �~ ~� FEB 2 71980 C&0`27 P . � lv