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
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FEB 2 71980
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