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<br />-6- <br /> <br />corporations owinq taxes to the City for such year or years <br />except as permitted by State law¡ provided, however, that this <br />provision shall not prevent the compromise of any tax suit." <br /> <br />JUSTIFICATION: <br /> <br />As presently written, all types of tax abatement may be precluded <br />by this section of the Charter. This addition will prevent any <br />argument about whether the City can take advantage of any tax <br />abatement provision that is permitted by State law. <br /> <br />14. Sec. 11.02, Power to grant franchise, should be amended by striking <br />the words "by mutual agreement,". <br /> <br />JUSTI FI CATION: <br /> <br />This amendment eliminates ambiguity about what word is modified by <br />the deleted phrase. The phrase is unnecessary to protect <br />franchisee's interests since most franchises are made by agreement. <br /> <br />15. Sec. 11. 09, <br /> <br />Regula tion of <br /> <br />ra tes , <br /> <br />should be <br /> <br />amended as <br /> <br />follows: <br /> <br />liAs permitted by law, the Council shall have full power, <br />after notice and hearing, to regulate by ordinance, the rates of <br />every privately-owned public utility operating in the City....11 <br /> <br />JUSTIFICATION: <br /> <br />The City no longer <br />public utilities <br />amendments clarify <br />clear that this <br />Sections 11.10 and <br /> <br />has the power to regulate the rates of all <br />operating in the City. Thus, the recommended <br />the City's subservience to State law and makes <br />section applies to privately-owned utilities. <br />11.11 apply to municipally-owned utilities. <br /> <br />16. Sec. 12.01, Publicity of records, should be renamed as IIPublic <br />access to records" and deleted in its entirety and the following <br />substituted therefor (a copy of the present Sec. 12.01 is <br />attached as Appendix E) : <br /> <br />IIAII information collected, assembled or maintained by the City <br />pursuant to law or ordinance or in connection with the transaction <br />of official City business is public information and available to <br />the public during normal business hours of the City under the terms <br />and conditions provided in the Texas Open Records Act as amended." <br /> <br />JUSTIFICATION: <br /> <br />Requlation of public records by the City Councilor the Mayor has <br />been completely supplanted by actions of the State legislature <br />through the Texas Open Records Act. The suggested new section is <br />based on language found in the Texas Open Records Act. <br />