Loading...
HomeMy WebLinkAboutO-1980-1228 .. e . . ORDINANCE NO. /-2 :;..f AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DECLARING CERTAIN RATES FOR GAS AND GAS SERVICE CURRENTLY BEING CHARGED BY ENTEX, INC., TO BE JUST AND REASONABLE; ACCEPTING THE OFFER OF ENTEX NOT TO FILE NEW OR REVISED RESIDENTIAL AND SMALL COMMERCIAL RATE SCHEDULES REQUESTING AN INCREASED LEVEL OF RATES WHICH WILL BECOME EFFECTIVE PRIOR TO APRIL 1, 1983; DETERMINING THAT ENTEX AND AETNA FIRE UNDERWRITERS INSURANCE COMPANY HAVE INCURRED NO REFUND, CREDIT OR INTEREST OBLIGATIONS UNDER THE BOND PAYABLE TO THE CITY OF LA PORTE; AUTHORIZING THE MAYOR AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO CAUSE THE DISMISSAL OF GAS UTILI- TIES DOCKET NO. 1175; CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Entex, Inc., filed a Statement of Intent to change ~ rates with the City of La Porte on March 30, 1977; and WHEREAS, the City of La Porte denied Entex's requested rate revision; and WHEREAS, En'tex filed a Petition for Review of the City of La Porte's action with the Railroad Commission of Texas which was docketed as Gas Utilities Docke~No. 1175; and WHEREAS, in accordance with a letter agreement dated September 9, 1977, Entex and the City of La Porte have agreed that pending settlement negotiations and a final determination of Gas Utilities Docket No. 1175, Entex should charge the rates in effect from . time to time in the cities of Lomax, Morgan's Point and Shoreacres under bond and subject to refund or crediting of any amount in excess of that finally determined to be appropriate; and WHEREAS, Entex and the City of La Porte have reviewed the facts and the law and have reached a settlement of the dispute in Gas Utilities Docket No. 1175: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That in accordance with the settlement of the dispute between Entex, Inc., and the City of La Porte in Gas Utilities Docket No. 1175, the rates set out in Rate Schedule . No. R-564-l and Rate Schedule No. SC-564-1, with rate schedules attached hereto and made a part hereof, are hereby declared to .- t . ,n e - e . ... e e Ordinance No. , Page 2. be just and reasonable residential and small commercial rates to be charged by Entex, Inc., for gas and gas service. Said rate schedules are identical to those currently in effect for Entex in accordance with the September 9, 1977, letter agreement, except that a Cost of Service Clause has been added thereto. Section 2. That in accordance with the settlement of the dispute between Entex, Inc., and the City of La Porte in Gas Utilities Docket No. 1175, the City of La Porte hereby accepts the offer of Entex not to file new or revised residential and small commercial rate schedules requesting an increased level of rates which will become effective prior to April 1, 1983. Section 3. That inasmuch as the rates charged by Entex, Inc., in accordance with the September 9, 1977, letter agreement and collected under bond have been just and reasonable, Entex has incurred no obligation to refund or credit any amount or to pay any interest to its customers in the City of La Porte, Texas, under said bond. On the date that the determination of the Rail- road Commission of Texas approving the settlement contemplated hereby becomes final, Entex, Inc., as principal, and Aetna Fire Underwriters Insurance Company, as surety, are released from any and all obligations to the City of La Porte arising out of Bond No. 760608. Section 4. That the Mayor and the City Attorney are hereby authorized to take any and all steps necessary to finalize the settlement contemplated hereby, to cause the Railroad Commission of Texas to approve the rates set out in Section 1 hereof and to cause the dismissal of Gas Utilities Docket No. 1175 in accord- ance herewith. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. '. . . . e . ... . e Ordinance No. /d..:LP , Page 3. Section 6. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this Ci ty Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 7. The City Council officially finds, determines, reci tes and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the .:!<Id day of Jr......./-bfJ. 1980. CITY --~ OF LA PORTE ~~ J. J. Meza, May r ATTEST: ~....................;::" ~~~ . ..:,,;;.... ".r --' ,7 , F ' ~~ .;.' , ~ {-- ~ . ~ -- ~ -j -- -. ~ ~ '. -:. '. ~~)44' , 1 t Secre~ ary, ..... -;. _~:;:f- ",-,' , . ~ '.~~~~~"'" '. - . . Ordinance No. /.;}., :;...9 , Page 4. APPROVED: ~ 6~&V ' Clty Attorney . ACCEPTED AND AGREED: e . By tV e .-,; . . . . . . t. . e THE STATE OF TEXAS S S COUNTY OF HARRIS S I, BETTY WATERS, the duly appointed and qualified City Secretary of the City of La Porte, Texas, hereby certify that the above and foregoing ordinance of the City of La Porte was passed and adopted at a regular meeting of the C~' Council of the City of La Porte held on the c::;~.tL day of ~~~ , 1980; that wri tten notice of the date, hour, p1ac and subject of said meeting was posted for at least 72 hours preceding the scheduled time of said meeting on a bulletin board located in a place in the City Hall which is convenient and readily acces- sible to the ge~eral PUb~l'C a:_al1 ti~es; I~h~t the ~ayor, J. J. Meza, and Councl1persons ~J..u.JJ t/~;.....J (P/~~ , c::::.J17?L ol~) , '7?AA~.A- ~ ~.e'Y" ./ , , and , were present at said meeting and acted as the City Council through- out: that said ordinance has been approved by the Mayor and is duly attested by the City Secretary; and that the same has been duly engrossed and enrolled in the records of the City of La Porte, Texas. EXECUTED under my hand and the official seal of~t e City of La Porte, Texas, at said City, this C8e5":tL day of _~h_LMJj , 1980. ~.,.",,,..~" "~,,,. ~.~Jalt~ TY SECRETARY C Y OF LA PORTE, TEXAS .~" '. (SEAL) . e . ; . e ENTEX,INC, RATE SHEET RESIDENTIAL SERVICE RATE SCHEDULE NO. R-S64-1 APPLICATION OF SCHEDULE Th11 Ichedule 1. appl1cabl~ co consumer. rece1v1nl aa. tor u.e. u.ual in a home chrough a s1ngl. meter serving. s1nll. family dvall1ng and its related .eructure.. Naeural ga. supplied hereunder 1. tor che individual use ot che cu.tomer at one p01ne of delivery and ,hall not ba resold or Ihared With other.. NET MONTHL Y RATE Ural: 400 cubic het or less SS.14 Nexl: 2,600 .. @ .123 per 100 cubic teet Nexl: 3,000 .. .. @ .110 .. .. .. Nexc 10,000 .. .. @ .090 .. .. .. .. Over 16,000 .. .. @ .OSS .. " .. II $.049 per 100 cubic fael: of sas over 6,000 cubic feel: allovable in each of che billing ~oneh. of May through Octobor, inclusive. MINIMUM MONTHL V BILL s 5 ,14 ne c PA YMENT The above net monthly rates vill apply to all bills paid by daee 1ndicaced on bill. For b111. noe paid by indicated daee, gross rates shall apply, vhich rates shall be che above nee rates plus cen percent (10%), noe co exceed $3.00. PURCHASED GAS ADJUSTMENT PROVISION The above net monehly rate per unit .old is predicated upon a price of gas purchased for resale hereunder of 38.3 cencs per Mcf. To che extent that Eneex's price of gas to be purchas.d (adjusted to correCl: any prior variations from actual costs) for resale hereunder iDcreeses or decrea.es, .a1d net ~onl:hly ral:e shall b. adjusted up or down to reflect '(i) change. in such COSl: of ga. per unit sold and (11) changes in gros. rece1pcs caxes resulcing from such increa.es or decrea.es iD the net monehly rate. For purposes of calculating ,aid adjusament, 1c ,hall be proper for Entex to determine its cost of gas from its several suppliers and the gross receipts taxes to be paid on the ~as1s of a logical geographical area. . If Encex receive. any refund. of any increa.ed cost of purchased gas chat have been passed on under this provision, a refund shall b. ~de co consumers served by chis rate schedule. COST OF SERVICE ADJUSTMENT PROVISION Annually effective with all bills ~endered after May 1. 1981, the above nec ~onthly rate shall be adjuseed upward or dovnvard for increases or decreases in the cose of providing gaa service (including depreciation bue excluding coat of gas, sros. receipts taxes, income taxes an4 rerum) for che prev1ou. year ended Decemoer 31 above or below such cost incurre4 in che second prior calendar year. These annual adjustment. shall be cumulaeive. the operal:inl expenses used in chis compueacion shall be chose reporl:ed eo the Railroad Comm~aion of Texas iD the annual reporl: of Entax, Inc. A computation shall be made of the amount of such increase or decrease applicable to each customer in the Texas Coase Division, and the net monthly rate set forth above shall be adju.ted upward o~ do~~vard to ref1ecl: such change in che coae of providing gas service, All adjust~ents that become applicable pursuant to the :erms of the foregoing paragraph shall become effactive only af::er t~irty days prior written:1oci::e to che Regulatory Authoricy of the approximate amount of the proposed adjust=ent and such proposed adjust- Qent shall not become eifective if disapproved by action of the Regulatory Authority during such 30 day period. . '. . ,. . e ENTEX,INC, RATE SHEET COMMERCIAL SERVICE RATE SCHEDULE NO. 5C-564.1 APPLICATION OF SCHEDULE This schedule is applicable to consumers using gas for purposes other than residential whose consumption in any month is less than 150,000 cubic feet. When a Customer uses in excess of 150,000 cubic feet in any month~ the consumer shall be billed on the applicable large volume rate sc~edule. Natural ,as supplied hereunder is for the individual use of the Customer at one point of delivery and shall not be resold or shared with others. NET MONTHL Y RATE First 400 cubic feet or less $5.64, Next 8,600 .. " . .133 per 100 cubic feet Next 11,000 .. .. I .110 .. .. .. ~ext 10,000 .. .. , .075 .. .. .. " Over 30,000 " " I .060 .. " .. .. MINIMUM MONTHLY BILL $5.64 Det PAYMENT The above net monthly rates will apply to all bills paid by date indicated on bill. For bills not paid by indicated date, gross rates shall apply, which rates shall be the above net rates plus ten percent (10\), not to exceed $5.00. PURCHASED GAS ADJUSTMENT PROVISION The above net monthly rate per unit sold is predicated upon a price of ,as purchased for resale hereunder of 38,3 cents per Mcf. To the extent that Entex's price of gas to be purchased (adjusted to correct any prior variations from actual costs) for resale hereunder increases or decreases, said net monthly rate shall be adjusted up or down to reflect (i) changes in such COSt of gas per unit sold and (ii) changes in gross receipts taxes resulting from such increases or decreases in the net monthly rate. For purposes of calculating said adjustment, it shall be proper for Entex to de~ermine its cost of iaS from its several suppliers and ~he gross receipts taxes to be paid on ~he basis of a logical geographical area. If Entex receives any refunds of any increased cost of purchased gas that have been passed on under this provision, a refund shall be made to consumers served by this rate schedule. COST OF SERVICE ADJUSTMENT PROVISION .~nua11y effective with all bills rendered after ~!ay I, 1981, the above net monthly rate shall be adjusted upward or downward for inc=eases or decreases in the cost of providing gas service (including depreciation but excluding cost of gas, gross =eceipts taxes, income taxes and return) for the previous year ended December 31 above or below such cost incurred in the second prior calendar year. These annual adjustments shall be cumulative. The operating expenses used in this computation shall be those reported to the Railroad Commission of Texas in. the annual report of Entex, Inc, A computation shall be made of the amount of such increase or decrease applicable to each customer in the Texas Coast Division, and the net monthly rate set for~h above shall be adjusted upward or downward to ~erlect such change in the cost of providing gas service. All adjust:ents that become applic3b1e pursuant"to the ter:ns or the foregoing paragT'aph shall become effective only aiter thirty days prior writ~en notice to the Regulatory Authority of the 3pproximate amount or the proposed adjustment and such proposed adjust- ment shall not become effective if disapproved by action of the Regulatory Authority during such 30 day period.