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HomeMy WebLinkAboutRES 1983-009 RESOLUTION NO. 83-09 _ A RESOLUTION OF THE CITY OF GRAPEVINE, ' T.EXAS EXPRESSING ITS CONCERN AND THE CONC;�ER[�T OF ITS CITIZINS AND I�OCAL PUBLIC UTILITY RATE PAYERS TO GOVEE2NOR MARK WHITE, OFFICIALS OF THE PUBLIC UTILITY CON�ANIES, THE PUBLIC UTILITY COPM'IISSION ���b. AND ITS STAF'F, AND NIQ'�ERS OF TI� TEXAS T,F.C�ISLATURE CONVII�TID IN AUSTIN, TEXAS, FOR THE 67TH REGULAR SFSSION OF Tf� TEXAS T,FY�ISLATURE ABOUT Z�-iE SUBSTAN'I'IAL AND �LLYl SIQ�IIFICANT INCREASES IN PUBLIC UTILITY RATES THAT HAVE BEE[� IM��OSID ON AL�L SUCH RATE PAYERS; AND TO URGE ALL PARTIES THAT HAVE THE DUTY, AUTHORITY, POWER, AND RESPONSIBILITY TO ADDRESS THE PRESSING AND URGENT PROBLEM AT EVERY LEVEL, INQ,UDING Tf� E�tl'!'IVE BRANCH, � PRIVATE PROPRI- ETARY ARF.A WITHIN THE REGUI,ATORY PROCESS, AND TfiROUGH CONSIDERATIONS OF NEW AND AMENDID LEGISLATION AND DIREC.'TING THAT A CERTIFIID COPY OF THIS RESOLUTION BE DELIVERID TO GOVERNOR MARK WHITE, D�IBERS OF Tf� TEXAS PUBLIC UTILITY COrM4ISSI0N, ALL NIQ'iBERS OF THE TEXAS LEGISLATURE, AND THE CHIEF' EXECUTIVE OFFICERS OF TEXAS POWER AND LIGHT COMPANY AND GEDIERAL TELEPHONE C�ANY Tni�IERF�S, in response to a legal problem and a public concern relative to �' ' the ability to control and regulate intra-state telephone call charges and due to urgings by citizens in certain parts of the State that public utility rates �w�.:y were not being adec�uately regulated, the Texas Legislature passed Act 1975, 64th Legislature, Page 2327, Chapter 721, with an effective date of Sept r 1, 1975, which act is referred to as the "Public Utility Regulatory Act" (the "Act") and is codified as Article 1446c, Tex. Rev. Civ. Stat. Ann.; and Wf�R�AS, the Act, essentially and for all practical pL�poses, usurped the prior power, authority, duty, and responsibility of local governments, cities, to regulate rates that public utilities could charge their rate payers in the State of Texas; and WHERF�IS, the Act sets up the Public Utility Co�n.ission as a three (3) men�ber Co�ussion appointed by the Governor for six (6) year terms with the advice and consent of the Texas Senate; and Wf�RF,AS, to be eligible for appointment, a Conmissioner must be a qual- ified voter, not less than thirty years of age, and a resident and citizen of the United States and the State of Texas; and WI-iEREAS, since the Act went into effect and the Public Utility Corrxnission began setting the rates, all such rates have increased nearly annually in dramatic proportions; and �''- WfiEREE1S, the citizens and rate payers have watched their utility bills rise higher and higher to the extent that such bills exceed house payments in many instances in a7.mc�st helpless and hopeless frustration; and �;�:� WI�REAS, during the 1982 elections in response to these citizens' con- cerns, Governor White pranised that he would address the question of increas- ing utility rates �diately; and Wf�REAS, Governor White has recommended amendments to "the Act" that wr�uld change the method of selection of the Co�nittee fran appointment to election and would eliminate as a matter of law the automatic fuel adjustment clause in the rate structure, and the Governor has also reca�nended that the Public Utility Comm.ission eliminate the autanatic fuel adjustment clause; and Wf�RF,AS, the public utility companies have expressed concern over both proposals and questioned whether the proposals �uld result in laaer or higher costs and rates; and WF�REAS, the City Council is concerned that the proposed changes in the law do not address the major underlying cause of the increased rates and that neither the proposed amendments or the position of the public utility com- panies are truly addressing this very significant problem facing our citizens; and ,�., WHERF�S, the City Council of the City of Grapevine respectfully requests all parties to wham this resolution is addressed to use their considerable talent and resources to develop a system of public utility rate ''`�'� regulations in the State of Texas that provide both a strong and viable econanic basis for the public utility carnpanies and fair and reasonable utility rates for the citizens and rate payers, which rates need to be set and established in a manner and by officials that inspire the confidence of the citizens; and W�, the City Council does further reco��end and suggest that the parties consider amending the Act in certain particulars as noted in the body of this resolution. NC7W, �REF'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, '1'EXAS: Section 1. That due consideration be given to amending the Act in the follawing particulars: (a) That Section Six (6) be amended to require qualifications for appointsnent as a Cc�missioner which would require certain levels of kncxaledge, education backgrounds, and expertise in the public utility regulatory field; ��., .,, (b) That the term of the Comnissioners coincide with the term of the Governor; (c) That the Governor be given well defined ability to remove members of the Conuni.ssion; and (d) That the Commission be expanded, and that the make-up of the Commis- sion, as required by the amended qualifications, be such that the Ca�nni.s- sion would be well qualified to address the difficult and technical aspects of rate regulation as well as having an appreciation of the impact the rates have on the citizens and rate payers. Section 2. That all parties re-examine the automatic fuel adjustment clause and make a determination, the results of which shall be published in all the major newspapers throughout the State, reflecting whether the auto- matic fuel adjustrnent clause is or is not beneficial to the rate payers. Section 3. That a certified copy of this resolution be delivered to Governor Mark White, M�ibers of the 'I�xas Public Utility Commission, all Nlembers of the Texas Legislature, and the Chief �ecutive Officers of Texas Pawer & Light Ccx�pany and General Telephone Co�any. �::Y, PASSID AND APPROVID BY Tf� CITY COUNCIL OF � CITY OF GRAPEVINE, 'I`EXA.S on this the lst day of Marc:h, 1983. �� APPROVED: Mayor ATPEST: City Se re APPROVID AS TO FORM: �w=� � � City Attorney �:..,,, ���