HomeMy WebLinkAboutResolution - 401 - Reset Public Hearing - SPEC Inc Rate Application - 02_28_1980 - 01_24_1980JPB:bs
RESOLUTION #401 - 1/24/80
RESOLUTION
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
Authority 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 #373 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 (a copy of said joint motion
being attached to this resolution), have requested that such public hearing be
continued and re -set for hearing at the same place and hour on Thursday, the
28th day of February, 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 2:00 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 28th day of February,
1980, thereupon and thereafter 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 24th day
of January, 1980.
Z WEST, Mayor
" ATTEST:
'Evelyn -Gaff a,'City Secr to easurer
APPROVED AS TO FORM:
.James P. Brewster, Civil Trial Attorney
on behalf of
John C. Ross, Jr., City Attorney
RESOLUTION #401 - 1/24/80
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 2:00 o'clock P.M., on Thursday the 24th day of
January, 1980, such setting being by Resolution #373, adopted by the City Council
on the 20th day of December, 1979, be upon such date by resolution continued and
re -set for hearing at such same hour and place on Thursday, the 219" day of Feb-
ruary, 1980. That the reasons justifying such continuance and re -setting are as
follows:
(1) Both of the undersigned counsel will at the day and time previously set
for said public hearing be engaged in hearings before the Public Utility Commission
of Texas, in Austin, Texas; and,
(2) 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 Is day of January, 1980.
SOUTH PLAIINNS ELECTRIC COPP�EATIVE, INC.
BY /PL/( i�'
'Dal( Johnson �,z
McWhorter, Cobb & Johnson
1502 Avenue Q
Lubbock, Texas 79401
JOHN C. ROSS, JR.
City Attorney
BY Q�-
James P. Brewster
Civil Trial Attorney