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R2004-169 10-11-04 RESOLUTION NO. R2004-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING WATER RATES FOR WALKER WATER WORKS, INC. (WATER CCN NO. 11862). WHEREAS, Walker Water Works, Inc. ("Walker") is a water utility that serves 1,122 residential customers (approximately 60 customers in the City's incorporated limits), WHEREAS, Walker has filed a Water Utility Rate Change Application with the City and the Texas Commission on Environmental Quality '("TCEQ"), WHEREAS, pursuant to Chapter 13 of the Texas Water Code, the TCEQ has exclusive original jurisdiction over retail water and sewer rates all of Walker's customers residing outside the City limits while the City has exclusive original jurisdiction over the rates of the customers residing in the City, WHEREAS, pursuant to Section 13.187 (e) of the Water Code, the City must conduct a hearing on the proposed rate change if at least ten percent (10%) of the customers located in the City formally complain regarding the proposed rate increase, WHEREAS, the City has received complaints from more than half of the approximate 60 customers located in the City, thus requiring a public hearing to be scheduled within 120 days after the effective date of the proposed rate change, WHEREAS, on October 4, 2004 at 6:30 p.m. a public hearing was held for the purpose of seeking public testimony regarding the proposed rate change. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: RESOLUTION NO. R2004-169 the existing water rates for Walker's Section 1. That the proposed rate increase contained in the July 2004 Water Utility Rate Change Application submitted to the City by Walker, is hereby rejected and customers located in the City of Pearland shall APPROVED and , A. D., 2004. remain in effect. PASSED, October ADOPTED this the 11th day of TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M, COKER CITY ATTORNEY 2