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• • <br />Mayor and City Officials <br />City of La Porte <br />Page two <br />September 9, 1977 <br />(2) Entex and the City agree to file a joint motion <br />with the Commission requesting that the case not <br />be set for hearing, except (i) on the motion of <br />either party to the proceeding pending before the <br />Commission, or (ii) where no settlement agreement <br />has been reached within sixty (60) days after the <br />final determination in Entex's Beaumont case; <br />(3) The Bond under which Entex is currently collecting <br />its proposed rates, is hereby modified so that, <br />from the date this agreement is signed by the <br />City, the rates so collected shall be in accordance <br />with the rate schedules currently in effect in <br />the Cities of Lomax, Morgan's Point, and Shoreacres; <br />except as expressly modified hereby, said Bond <br />shall remain in full force and effect on the <br />terms and conditions therein stated; <br />(4) Entex agrees that during the period of this <br />agreement it will not file an increase in rates <br />• greater than the increase filed for in the Cities <br />of Lomax, Morgan's Point, and Shoreacres; provided, <br />however, that the City will allow any such increase <br />permitted to become effective in said cities to <br />become effective in La Porte under a Bond containing <br />terms identical to those set forth in this agreement; <br />(5) Entex and the City agree that it shall be appropriate <br />upon a final determination of the Entex - La Porte <br />rate case, to set rates for each annual period <br />subject to the appeal on the actual data for that <br />period; further, it shall be appropriate for both <br />parties to present evidence for the future period <br />after said final determination based on any test <br />period the respective parties deem appropriate; <br />(6) Entex and the City agree that none of the rate <br />case expenses incurred prior to the date the City <br />executes this letter shall be recovered by way of <br />a surcharge to the rates finally established <br />either by agreement or by the Commission or the <br />courts; however, it shall be proper to include <br />said rate case expenses as expense items in any <br />rate case; <br />• <br />