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<br />-4- <br /> <br />cor"'orations owing taxes to the Ci ty 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.1I <br /> <br />14. Sec. 11.02, Power to grant franchise, should be amended by striking <br />the words IIby mutual agreement,". <br /> <br />1 5. Se c. 11 . 0 9 , <br /> <br />Regula tion of <br /> <br />rates, <br /> <br />should be <br /> <br />amended as <br /> <br />follows: <br /> <br />"As permitted by law, the Council shall have full power, <br />after notice and hearinq, to regulate by ordinance, the rates of <br />every privately-owned public utility operating in the City....11 <br /> <br />16. Sec. 12.01, Publicity of records, should be renamed as IIPublic <br />access to recordsll 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 />IIAll 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 />17. Sec. 12.02, Personal interest and Code of Ethics, should be <br />amended by adding a part (5) to Subsection (c) to provide an <br />additional responsibility and duty of the Ethics Review <br />Commission as follows: <br /> <br />IIReviewand monitor financial reports required by <br />Election Code with respect to city-sponsored elections. II <br /> <br />the Texas <br /> <br />18. Sec. 12.06, Special provisions covering damage suits, should <br />amended as follows: <br /> <br />be <br /> <br />II Be fore the City shall be liable to damage claim or suit for <br />personal injury, or damage to property, the person who is injured <br />or whose property is damaged or someone in that person's behalf <br />shall give the City Manager or the person performing the duties of <br />City Secretary notice in writing within ninety (90) days after the <br />occurrence of the alleged injury, or damage, stating specifically <br />in such notice when, where or how the injury was sustained, and <br />setting forth the extent of the injury or damage as accurately as <br />possible. Provided, however, that the ninety (90) day notice <br />requirement of this section may be extended by a court of competent <br />jurisdiction for good cause shown if the iniured party has <br />exercised due diligence, if any delay in giving the notice <br />~uired by this section is not the result of conscious <br />indifference by the party and if there is no substantial harm to <br />the City caused by the delay....11 <br />