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HomeMy WebLinkAbout021335 ORD - 02/18/1992As Adopted Or. Second Reading AN ORDINANCE ESTABLISHING A PUBLIC UTILITIES ADVISORY COMMITTEE, ITS DUTIES AND PROCEDURES. SECTION 1. That Chapter 2, Administration, Article IV, Miscellaneous Boards. Commissions and Committees, is hereby amended by adding a new Division 20, Public Utilities Advisory Committee, as follows: Sec. 2-215. Establishment; appointment; terms. There is established a Public Utilities Advisory Committee which shall consist of nine members appointed by the City Council to three year terms. Four members shall have only a single family residential utilities account; and four shall have a commercial account or be employed at a managerial level with a business having a commercial account. Provided, however, that original terms shall end November 1, 1993, for three members; November 1, 1994, for three members; and November 1, 1995, for three members, with at least one residential and one commercial appointment to be made each year, as determined by lot at the Committee's first meeting. Sec. 2-216. Officers; meetings; rules. Annually, at its first meeting after Council appointment of new members, the Committee shall appoint a chairperson and such other officers as it deems necessary. The Committee shall meet as they deem necessary or at the direction of the City Council. The chairperson or any four members may call a meeting. The Committee may adopt rules of procedure and shall conduct its business in accordance with the Texas Open Meetings Act. Sec. 2-217. Duties. The Committee shall, in conformity with the procedures established in this subdivision, annually advise the Council as to policies, procedures, and rates for the City's water, wastewater and gas utilities, and shall perform such other duties as may be requested by the Council. Rates recommended by the Committee shall be reasonable and in accordance with law. The Committee shall work with Staff and advise the Council as to efficiencies in the operation of the utility systems. The Committee shall assist in educating the public regarding utility matters. ORD4:91133 021335 MICROFILMED As Adopted On Second Reading Sec. 2-218. Hearings; recommendations. A. The Committee shall endeavor to make its written recommendation on rates to the Council no later than May 15 each year in order to timely assist completion of the City budget. Such recommendation must be adopted by a majority of the entire Committee. If a majority cannot agree, the matter shall be referred to the Mayor and Council without recommendation. B. Prior to adopting its recommendation on rates the Committee shall endeavor to conduct a public hearing, between April 15 and April 30. The purpose of said hearing shall be to obtain sufficient information upon which to base the Committee's recommendation and to inform the public as to the basis for the City's utility rates. The Committee may hold additional hearings at its discretion. C. Notice of the required hearing shall be given to the public. It is recommended that notice be published one time in a newspaper of general circulation in the city not less than 7 nor more than 14 days prior to the hearing, appear on the cable billboard daily for 7 days preceding such hearing, and be provided to the local news media at least 7 days prior to such hearing. D. By April 1 each year City staff shall endeavor deliver its recommendation for utility rates to the committee. The staff recommendation shall be available to the public, and staff will be available to answer questions from citizens related thereto. E. At the required hearing, staff will present its recommendation and the factual basis therefor. Members of the public may comment on staff recommendations or make alternative proposals. Time limitations on comment may be made as deemed reasonable and necessary by the Committee. F. The hearings shall be recorded by audio, video, or written transcript. Such recording shall be available to Council members in connection with their deliberations on rates. G. The hearings shall be broadcast on the government access cable television channel. ORD4:91133 As Adopted On Second Reading H. The time periods and procedures set out above are designed to be for the guidance of the Committee consistent with the usual budget process, and are not mandatory limitations. The Committee shall conduct its business in a flexible manner with the goal of assisting the Council and achieving the purposes of this Division. The City Council shall consider and may adopt the Committee's recommendation, or may adopt any modification thereof it believes appropriate, in making the final determination of rates. Failure of the Committee to follow any procedure in this ordinance shall not affect the Council's jurisdiction. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. ORD4:91I33 Thal the foregoing ordinance was read for the first time and passed to its second reading the '- day of Jt 1-)11 t,l H t fl. c> , 19q, . , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria That the foregoing or this the i 1 day of Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik ance was read for the second time and passed to its third reading on LYL L&(t1 Ly , 19 9.)- , by the following vote: Edward A. Martin Joe McComb Lit 0) Dr. David McNichols Clif Moss Mary Pat Slavik Cit That the foregoing,��ordinance was read for the third time and passed finally on this the day of v _ �1i.1�� Lt ( t ik , 19 , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria PASSED AND APPROVED, this the Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik bt(1 /4,),19 c7- day of MAYOR THE CITY F CORPUS CHRISTI APPROVED0(, DAY OF , 19 i ': JAMES R. BRAY, JR CITY ATTORNEY By t 044 , Assistant City Attorney 021335