HomeMy WebLinkAbout0468_4634 66 3.
SECTION VII.
PROCEDURAL RULES
A. Expenses of Rate Cases. City shall have the right to select and employ rate consultants,
engineers, accountants, auditors, attorneys and other personnel to conduct investigations,
present evidence, advise the Council, and conduct litigation on the establishment of telephone
rates, charges or fares; Utility shall reimburse City for all such personnel costs and all other
reasonable and necessary expense incurred; and such rate consultants, engineers, accountants,
auditors and attorneys shall be qualified, competent,and of good standing in their professions.
The procedural rules set forth in City's Home Rule Charter shall apply and shall be followed.
B. Notice of Intent to File General Rate Proceeding. Utility shall file notice of its intent
to seek a general rate increase at least thirty (30) day s before filing of its application. Such
notice of intent shall detail proposed increases and shall be published in a newspaper of general
circulation in the City of Georgetown, Texas, during such notice period at the expense of
Utility.
C. Ex Parte Contacts with City Councilmen. After giving notice of intent to file a general
rate proceeding, no officer, employee, agent or representative of Utility shall have any
contact or discussion, verbal or written, with the Mayor or any member of the City's governing
body regarding an increase in telephone rates, or directly or indirectly through others, seek
V'
to influence any City Councilman regarding any such increase, except through the application
and public hearing process provided for herein.
V
D. Rules of Procedure. - City may adopt rules of procedure for public hearings, including
extent and nature of presentation, order of proceeding and extent of cross-examination.
E. Records of Utility. Copies of requested records shall be promptly provided to any design-
ated representative of City without cost to City.
F. Hearings. No general rate increase shall be granted without public hearing at which
Uti ity s a have burden of proving, through clear and convincing evidence, the necessity
for such increase. All hearings may be before the full City Council. At the discretion of
the Council, in each case, Council may provide that hearings shall be conducted before
a committee of the Council, a hearing examiner who may be an employee of City, any person
designated by the City Council to act in such capacity, or an independent panel of citizens
designated by the Council. A record shall be made of all hearings at the expense of Utility.
In the event the full Council does not conduct the hearings, a written report and recommen-
dation from the committee, examiner or panel shall be filed with the City Council, together
with the record from such hearings. In such latter case, the Council need not conduct
further hearings, but may act on the basis of such report, recommendation and record together
with any written argument which any citizen, the Utility, Utility representative, designated
City staff member, auditor, attorney or consultant engaged by City may wish to file (within
fifteen (15) days after filing of said report) in response to such report, recommendation and
record.
G. Evidence. All testimony at such public hearings shall be under oath and all exhibits or
documentary evidence introduced at such hearings shall be supported by sworn testimony. For
this purpose, oath may be administered by appropriate parties conducting the hearing.
H. Time Limitations. City shall promptly review and take action on each application for a
general rate increase within ninety (90) days after its filing. Failure to act within such
period shall be tantamount to a denial. In the event of such failure to act, Utility may appeal
such decision as provided by law. Such ninety (90) day period may be extended through agree-
ment with Utility, or in the event the City Council finds good cause for such extension.
Good cause for extension shall include, but not be limited to, complexity or magnitude of
the evidence, failure of Utility to promptly proceed, failure of Utility to promptly provide
information requested and newly discovered evidence.
I. Council Ordinance. The Ordinance of City shall provide for an effective date of any rate
revisions, may require an unqualified acceptance by Utility within a stipulated period as a