HomeMy WebLinkAboutPO 6746: AUTHORIZING THE HIRING OF LAWYERS P. O. No. 6746
12/21/18 gt
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF PORT ARTHUR,
TEXAS, AUTHORIZING PARTICIPATION WITH OTHER
ENTERGY SERVICE AREA CITIES IN MATTERS
CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC
UTILITY COMMISSION OF TEXAS IN 2019; AUTHORIZING
THE HIRING OF LAWYERS AND RATE EXPERTS;
AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL
EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY
COMMISSION OF TEXAS; FINDING THAT THE MEETING
COMPLIES WITH THE OPEN MEETINGS ACT; AND
DECLARING AN EFFECTIVE DATE
WHEREAS, Cities have exclusive original jurisdiction over rates,
operations, and services of an electric utility in areas in the municipality pursuant
to Tex. Util. Code § 33.001; and
WHEREAS, Cities have standing in each case before the Public Utility
Commission of Texas that relates to an electric utility providing service in the
municipality pursuant to Tex. Ut//. Code § 33.025; and
WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to
litigate rate change requests in various proceedings before the Public Utility
Commission of Texas or before municipalities in 2019, which may include (1) rate
proceedings or cost adjustments such as a transmission cost recovery rider, a
distribution cost recovery rider, energy efficiency cost recovery factor, or
hurricane restoration cost or offset true-ups, and (2) various fuel cost refunds or
surcharges and reconciliations; and
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public
Utility Commission in February and August 2019, and may file other fuel
proceedings to refund or surcharge fuel charges; and
WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred
in association with its Energy Efficiency Plan as well as reconcile past costs; and
WHEREAS, Cities have the statutory right to set fair and reasonable rates
for both the Company and customers within Cities; and
1
WHEREAS, Cities are entitled to reimbursement by the utility of their
reasonable rate case expenses to participate in cases that are deemed rate
proceedings pursuant to Tex. Util. Code § 33.023.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR, TEXAS:
Section 1. That the City of Port Arthur shall participate with other Cities
to intervene in ETI's various rate filings related to the various fuel cost
surcharges and reconciliations, any interim or incremental surcharge proceedings
or surcharge adjustments, and for any base rate adjustment proceedings or cost
of service adjustments on file with the Public Utility Commission of Texas or with
municipalities in 2019.
Section 2. That the City of Port Arthur employs the Lawton Law Firm
P.C. to represent the City with regard to the ETI rate matters before local and
Public Utility Commission of Texas and any court of law and authorizes counsel
to employ rate experts as are recommended by the Cities' Steering Committee to
intervene in fuel or rate related proceedings at the Public Utility Commission
concerning ETI's rates charged to Texas customers.
Section 3. That all such actions shall be taken pursuant to the direction
of the Cities' Steering Committee. Cities' Steering Committee shall have
authority to retain rate consultants and lawyers. Cities' Steering Committee shall
direct the actions of Cities' representatives in the above proceedings. The
Steering Committee is directed to obtain reimbursement from ETI of all
reasonable expenses associated with participation in said proceedings.
Section 4. That the meeting at which this Ordinance was approved was
in all things conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code, Chapter 551.
Section 5. That a copy of the caption of this Ordinance be spread upon
the Minutes of the City Council.
Section 6. That this Ordinance shall be effective from and after the date
of its passage.
READ, ADOPTED AND APPROVED on this day of January A.D.,
2019, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,
by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Derrick Ford Freeman
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
A 10/ /
alecia '! - o
City Attorney ,
APPROVED FOR ADMINISTRATION:
Harvey Robinson
Interim City Manager
City of --
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: 1/2/18
To: The Honorable Mayor and City Council
Through: Harvey Robinson, City Manager
From: Andrew Vasquez, CPA Director of Finance
RE: Approval of Orange County Appraisal District Funding Allocation
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
authorize funding allocation for Orange County Appraisal District.
Background: Texas Property Tax Code requires each taxing unit participating in the
Appraisal District to share in the budget equal to the proportion of the total dollar amount of
property taxes imposed in the district by unit.
Budget Impact: City's share of the budget, 1.18%, is based on the City's 2018 tax levy which
was $1,490,307 divided by the total tax levy of all the entities, $26,221,439 totaling$22,150.
Recommendation:
It is recommended that City Council approve the City Manager to authorize funding allocation
for Orange County Appraisal District, as discussed and/or outline above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743