2001-011-RES REFUSING ACTION ON AND DEFERRING JURISDICTION TO PUBLIC UTILITY COMMISSION FOR PETITION BY TXDOT

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RESOLUTION NO. 2001-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, REFUSING ACTION ON AND DEFERRING JURISDICTION TO THE PUBLIC UTILITY COMMISSION FOR A PETITION BY THE TEXAS DEPARTMENT OF TRANSPORTATION INITIA TING A COMPLAINT AGAINST THE TEXAS UTILITIES ELECTRIC COMPANY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DA TE. WHEREAS, the Texas Department of Transportation has initiated a complaint in the form of an Original Petition and Prayer for Relief against the Texas Utilities Electric Company seeking a refund for overcharges related to photocell controlled lighting inside the city limits of the city of Paris, Texas; and, WHEREAS, by state law, the City Council of the City of Paris has exclusive original jurisdiction over electric utilities operating within its corporate limits, and consequently has exclusive original jurisdiction over said complaint; and, WHEREAS, similar complaints have been filed in fifty-six (56) other cities by the Texas Department of Transportation, and it would be much faster and more economical for the Texas Department of Transportation to consolidate said complaints in one action under the allspices and jurisdiction of the Public Utility Commission of Texas; and, WHEREAS, the Texas Department of Transportation has requested in its pleading that the City Council of the City of Paris refuse action on said complaint and defer jurisdiction over said matter to the Public Utility Commission of Texas to allow for consolidation for said actions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Council ofthe City of Paris, Paris, Texas, hereby officially declines to consider the complaint ofthe Texas Department of Transportation against Texas Utilities Electric Company filed January 29,2001, whereby the Texas Department of Transportation seeks a refund for overcharges related to photocell controlled lighting inside the corporate limits of the city of Paris. Section 3. That the City Council further refuses action on said complaint, and the City Council defers jurisdiction over said complaint to the Public Utility Commission of Texas. Section 4. That this resolution shall be effective from and after its date of passage.