HomeMy WebLinkAboutO-1977-1066
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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
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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.
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Section 10. This ordinance shall be effective
PASSED AND APPROVED this 21st day of March, 1977.
CI TY OF LA PORTE
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immediately upon its passage and approval.
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APPROVED:
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