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<br />-7- <br /> <br />17. Sec. 11.09, <br /> <br />Regulation 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 hearing, to regulate by ordinance, the rates of <br />every privately-owned public utility operating in the City...." <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 />18. Sec. 12.01, Publicity of records, should be renamed as "Public <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 />"All 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 />Regulation 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 /> <br />19. 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 />"Review and monitor financial reports required by <br />Election Code with respect to city-sponsored elections." <br /> <br />the Texas <br /> <br />~JSTIFICATION: <br /> <br />The legislature in 1987 changed financial reporting requirements to <br />provide that all financial reports pertaining to local elections <br />should be filed with the City Secretary. The Ethics Review <br />Commission regularly reviews the financial reports required by the <br />City's Ethics Ordinance. In light of the legislature's recent <br />action, the financial reports which now should be filed with the <br />City Secretary pertaining to elections could be seen as an adjunct <br />to the City's own financial requirements. At the present time, no <br />official organization or entity has any responsibility for <br />reviewing such reports. This lack of oversight detracts from the <br />significance of filing such reports. <br />