HomeMy WebLinkAboutOrdinance - 7555-1977 - Providing For The Maintenance Of Records Of Communication By Public Utilities - 10/13/1977.,,.
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF RECORDS OF
COMMUNICATION BY PUBLIC UTILITIES., THEIR AFFILIATES AND THEIR REP
RESENT A TNES• WITH 'I1IE CITY. OF LUBBOCK AND PROVIDlNG AN EFFECTNE
DATE.
WHEREAS, the Texas Public Utility Regulatory Act (Article 1446c, V. A. C. S.)
provided ·generally, in part, that each municipality shall have exclusive original
jurisdiction for the regulation of the rates and services of all Public Utilities pro-
viding service within its municipal limits and has defined each municipality as a
Regulatory Authority for the purpose of exercising such jurisdiction; and
WHEREAS, Section 34 of the Public Utility Regulatory Act provides that the
Regulatory Authority shall prescribe regulations governing communications by Pub
lie Utilities, their affiliates and their representatives, with the Regulatory Authori
ty or any member or employee of the Regulatory Authority; and
WHEREAS, the Council propo.ses to adopt a set of rules to be known as the
11Public Utility Communication 1 s Rules 11. for the purpose of complying with Section
34 of the Public Utility Regulatory Act, and for the purpose of governing the con-
duct of all communications, verbal or written, between Public Utilities, their affil-i
ates and representatives with the Regulatory Authority, its members and employee ;
NOW THEREFORE
BE IT ORDAlNED BY 'I1IE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS.
SECTION 1. DEFINITIONS
a. 11Act" shall mean the Public Utility Regulatory Act,
Article 1446c, V.A. C.S. (House Bill 819, 64th Legis-
lative).
b. "Reg,.ilatory Authority11 is the City Council of the
City of Lubbock, Texas.
c. ''Public Utility11 includes every entity defined as a
Public Utility in the Ac't doing business within the
City of Lubbock and whose rates and services are
subject to regulations by the City Council of the City
of Lubbock.
d. "Regulatory Chain" shall mean all members of the
City Council, all employees of the Department of
Finance, City Manager, City A'ttorney and Director
of Public Utilities including staff members employed
by the persons enumerated above when their assigned
duties relate,.· to the regulation of Public Utility rates
and services. City employees who deal with Public
Utilities on matters not involving the regulation of rates
and services are not within the Regulatory Chain.
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e. Definitions of terms in the Act are adopted herein
by reference for the purposes of these rules.
SECTION 2. PURPOSE
It is the declared purpose of these rules to properly direct communications
between Public Utilities and the Regulatory Authority, and to provide for main-
taining of records for such communications in compliance with Section 34 of the
Act. The principal avenue for communications intended to effect or influence the
decisions of the Regulato_ry Authority on matters regarding the regulations of Pub
lie Utility rates and services shall be in open session of the Regulatory Authority.
The principal contact for communications regarding the day to day supervision of
regulated Utility Companies by the City and regarding matters under review by
the City staff shall be the City Manager. The failure to observe the purpose here
stated or any rule hereby adopted shall negate any matter pending before the Regu
latory Authority.
SECTION 3. MAINTENANCE OF COMMUNICATIONS RECORDS AND LOGS
a. RECORDS TO BE MADE: Each Public Utility shall maintain a
permanent record of all contacts, oral or written, initiated by
employees or representatives of the Public Utility or of its
affiliates with any member of the Regulatory Authority, any
City Employee in the Regulatory Chain, or any other City em-
ployee when the subject matter of the communication pertains
to the regulation of rates and services.
b. FORM AND APPROVAL: The record shall be maintained as
a Log, and the form thereof shall be subject to the approval
of the Cif.}i: Manager of the City of Lubbock.
c. CONTENTS: At a minimum, such records shall contain the
name of the person contacting the Regulatory Authority, the
person contacted, the date of the contact or communication,
a brief description of the subject matter of the communication,
and the action, if any, requested by the Public Utility, affiliate
or representative, and whether the conununication was oral or
written.
d. COPY SUBMITTED TO CITY: Each Utility shall submit a copy
of its Log by the tenth day of each month to the City Secretary
of the City of Lubbock, providing the required information for
all contacts or communications occurring in the preceding calen-
dar month. The City Secretary shall maintain a cumulative file
of all such Log 1.enfdes,· ,,and.\• such file shall be made available
for public inspection at all times during regular business hours.
The records generated as consequence of this Ordinance shall
be available for inspection by the City Council or the City Manage
upon reasonable notice during normal business hours. The failure
of any Public Utility to submit a copy of its Log for the preceding
month shall constitute the presumption that no communications
were made during the month.
e. CONTACTS NOT REQUffiED TO BE LOGGED: The following
are exempted from the logging requirements set forth herein:
1. Contacts by the Utility with City Officials and employees
when such contacts do not pertain directly to the regu-
lation of rates and services. Examples include (but are
not limited to) liaison with City regarding street cuts or
easements, use of property by the Parks and Recreation
Department, payment of taxes, settlement of Tort Claims,
and private (non-busines~) contacts with the City by Utility
employees acting in their personal capacity or casual
social contacts.
2. Responses to routine inquiries initiated by City employees.
SECTION 4. THAT this Ordinance shall take effect on and after the date o
its passage.
AND IT IS SO ORDERED.
Passed by the Council on first reading this 13 day of October , 1977.
Passed by the Council on second reading this_z:z_day_o_f_a_c_t_o_b_e_r ___ • 1977.
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