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HomeMy WebLinkAboutO-1977-1066 . . . . e e ORDINANCE NO. 1066 AN ORDINANCE RECITING THE CIRCUMSTANCES OF THE ENTEX, INC. STATEMENT OF INTENT TO CHANGE GAS RATES; FINDING THE TRUE AND ACTUAL EFFECTIVE DATE OF SAID STATEMENT OF INTENT AND SCHEDULE OF ~ATES; 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 27th day of December, 1976, 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 w~ll ~~ all pr.obability .not permit such public hearing to be entered upon and concluded prior to the May 1, 1977 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 . . . . e e accord with Article l446(c), Section 43(b), and regarding its effective date, stating at one place the rates are effective May 1, 1977, and at another place February 1, 1977. Section 5. The City Commission of the City of La Porte hereby finds that the true and actual effective date of such schedule set forth in said Statement of Intent is May 1, 1977, since this is the date the schedule of rates is proposed to be actually effective. Section 6. 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 7. A public hearing on the proposed rate increase mentioned above will be held by the City Commission of the City of La Porte beginning 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. Section 8. 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 9. 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 25th day of March, 1977, that is, such suspension shall be until the 21st day of July, 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. -2- . e . . e e Section 10. This ordinance shall be effective PASSED AND APPROVED this 21st day of March, 1977. CI TY OF LA PORTE ~~". fZ::~ immediately upon its passage and approval. ~,,~ ::-..~! '"""'. .'. #~~~ ~;, ,~. "'" '~~i;" .~; 51_"'1\TTEST: '", .: .: .~j'~<' '~,_i:t ':. ~~~. ~~=- ( :. --'1 .1'.' . . .. -. _ A I ~ '~J ~ ". - -,'~ -:l;'lo ty ,~~Jt { ~~.,JIftr4. ':~I..~,..r.::...:~,.. ;.. .:::" /.. .; -:. .~ ~.... ". "_C30.- \." ,.....,~~"" .~ APPROVED: tJ -3- -