HomeMy WebLinkAboutO-1977-1073
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ORDINANCE NO.
1073
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AN ORDINANCE RECITING THE CIRCUMSTANCES OF THE ENTEX, INC.
STATEMENT OF INTENT TO CHANGE GAS RATES; SETTING A PUBLIC
HEARING ON THE PROPOSED RATE INCREASE OF ENTEX, INC.; PROVIDING
FOR THE GIVING OF NOTICE THEREOF; SUSPENDING THE SCHEDULE OF
RATES OF ENTEX, INC. FOR A PERIOD OF ONE HUNDRED TWENTY (120)
DAYS FROM THE EFFECTIVE DATE THEREOF; PROVIDING FOR THE DELIVERY
OF A CERTIFIED COpy OF THIS ORDINANCE TO SAID UTILITY; AND
PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
Section 1. Entex, Inc., a private corporation, is a
public utility supplying gas within the corporate limits of the
City of La Porte.
Section 2. On the 30th day of March, 1977, pursuant
to the requirements of Paragraph (a), Section 43, Public Utility
. Regulatory Act of the State of Texas, codified as Article l446c,
Revised Civil Statutes of Texas (1925), said utility filed a
Statement of Intent with said City as the regulatory authority
having original jurisdiction over rate increases within its
corporate limits.
Section 3. Paragraph (d) of Section 43 of said Act
authorizes said City, after delivery to the affected utility of
a statement in writing of its reasons therefor and pending such
hearing and a decision thereon, to suspend the operation of the
schedule set forth in said Statement of Intent for a period not
. to exceed one hundred twenty (120) days beyond the date on which
the schedule of rates would otherwise go into effect.
Section 4. The City Council of said City has determined
and here now find that such rates should be suspended for such
one hundred twenty (120) day period for the reason that the
complexity of the case will in all probability not permit such
public hearing to be entered upon and concluded prior to the May 4
effective date of such schedule and for the further reason
that said, Statement of Intent is ambiguous, vague and indefinite
regarding whether it is a "major change" or not in accord with
Article l446(c), Section 43(b).
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Ordinance No. 107~
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Section 5. Paragraph (c) of Section 43 of said Act
requires that such public hearing be held at any time within
thirty (30) days from the date on which such change would or
has become effective.
Section 6. A public hearing on the proposed rate
increase mentioned above was begun by the City Commission
of the City of La Porte on Monday, the 11th day of April, 1977,
beginning at 7:00 o'clock, p.m., at the City Commission Chamber,
of the City Hall of said City located at 124 S. Second Street,
La Porte, Harris County, Texas, and recessed thereafter until
the City consultants obtain further necessary information from
Entex, Inc., and opportunity to analyze such information.
Section 7. The City Clerk of said City cause written
notice of such public hearing to be published once in the
Bayshore Sun, a newspaper having general circulation within the
corporate limits of said City, the official newspaper thereof,
and that a copy of such public notice be sent to Entex, Inc., by
certified mail, return receipt requested.
Section 8. Pending the hearing and decision, the
schedule of rates mentioned above be and the same are hereby
suspended for a period of one hundred twenty (120) days beginning
the 5th day of May; 1977, that is, such suspension shall be
until the 2nd day of September, 1977, and that a copy of this
ordinance containing this suspension and the reasons therefor
be immediately mailed or hand-delivered by the City Clerk of
said City to Mr. Weldon Randall of Entex, Inc.
Section 9. This ordinance shall be effective immediately
upon its passage and approval.
PASSED AND APPROVED this --32- day of April, 1977.
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