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78-F-2 ORDINANCE NO. ~J?-~-~ AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS RECOGNIZING THE APPROPRIATE RATES TO BE CHARGED BY ENTEX, INC. FOR RESIDENTIAL AND SMALL COM- MERCIAL NATURAL GAS SERVICE WITHIN THE CITY OF SCHERTZ, TEXAS; PROHIBITING ADDITIONAL RATE INCREASE REQUESTS PRIOR TO APRIL 1, 1979; PRO- VIDING FOR THE PAYMENT OF CERTAIN LEGAL FEES; AUTHORIZING A SETTLEMENT OF A CERTAIN RATE PROCEEDING CURRENTLY PENDING BEFORE THE R~ILROAD COMMISSION OF TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVER- ABILITY AND DECLARING AN EMERGENCY. WHEREAS Entex, Inc. filed its Petition for Review from the Action of the City of Schertz with the Railroad Commis- sion of Texas on or aQout November 17, 1977, and WHEREAS the Railroad Commission docketed the proceeding as Gas Utilities Docket Number 1408 and set the proceeding for hearing on March 6, 1978, and WHEREAS the City of Schertz employed the Honorable Don Butler of Austin as legal counsel to represent the City of Schertz in the said Gas Utilities Docket No. 1408, and WHEREAS upon consideration of the law and the facts and in the interest of avoiding conflict and litigation, the City of Schertz and Entex have reached agreement on the appropriate levels of rates; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: SECTION ONE: That Entex, Inc. be permitted to charge for residential and commercial natural gas service in the City of Schertz, Texas in accordance with the rate schedules attached hereto and numbered R-384-l and SC-384-1, which rate schedules have the effect of (i) increasing t~ ~i~i~um Monthly Bill by $1.15 over the rates now in effect, - 2 - (ii) increasing the first rate block of the Net Monthly Rate by $1.15 over the rates now in effect, and (iii) adding Entex's standard Cost of Service provision to be effective with bills rendered on and after April 1, 1979; and that said rates are just and reasonable. SECTION TWO: That Entex shall not request any additional increase in rates in the City of Schertz, Texas prior to April 1, 1979. SECTION THREE: That Entex shall pay all reasonable legal fees of the Honorable Don Butler, attorney of Austin, Texas, rendered to the City of Schertz in connection with the said Gas Utilities Docket No. l408. SECTION FOUR: That the said Honorable Don Butler, be and he is hereby empowered to settle the said Gas Utilities Docket No. 1408 in accordance herewith and to file with Entex a Joint Motion to Dismiss the proceeding in Gas Utilities Docket No. 1408. Entex shall file rate tariffs with the City to be effective with bills rendered on and after the date the Commission dismisses Docket No. l408. SECTION FIVE: That all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION SIX: That if any provision, section, subsection, sentence, clause or phrase of-this Ordinance is for any reason held unconstitutional, void, or invalid (or for any reason unenforceable) the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City in adopting this Ordinance that no portion hereof or provision or regulation contained - 3 - herein shall become inoperative or fail by any reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end, all provisions of this ordinance are declared to be severable. SECTION SEVEN: The public importance of this measure constitutes and creates an urgent public necessity requiring that this ordinance be passed and take effect as an emergency measure, and shall take effect and be in force immediately upon and after its passage. PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council on this the ~I day of Fd , 1978. APPROVED: By ~~ Mayor of the City of Schertz, Texas ATTEST: By Secretary of the of Schertz, Texas .~ . , THE STATE OF TEXAS COUNTY OF , the duly appointed, cting City Secretary of the City of , Texas, hereby certify ~~~ove and d~nance of the City of was passed and adopted at re lar meet~ng of e City Council of the~ty Of~_ held on the ~ I day of 7. ~ ' 192 ; that written notice of ~date, hour, place a 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 accessible to teen ral ublic at all times; that t M yor (J and Alderrn n - , , and , eeting and acted as t City Council throughout; that said ordinance has been approved by the Mayor and is duly attested by the City Secretary; and that the same,has been dulYoen~ro~ and enrolled in the records of the c~ty of ~~o~ ' Texas. . EXEc~~nder m hand and the official seal of the C~ ty of. C______________ ' Texas, at said City, this ..4.2:=. day of . ^O-' 1922- OF f TEXAS (SEAL) PUBLISHER'S AFFIDAVIT The State of Texas County of Guadalupe } Before me, the undersigned aufhority, on this day personally appeareduuu_m__umu. '"r n ij1 a 4-ll~'~. . mnm..m...----.--u---mu-.:u~.__.~.n:n:.~_:.:__u__u.__uu__m___uunu__un' who being duly sworn says that - PG()1isher The '/a11e,: l'Tevs he (she) IS fhe uuu -mm....--.-n_mu..nm__m...__nu.hm.__m.n... of 'hhu ----_._m.mn~um_mn_un_.m_..' kl bl" h d SCjll:i.n " "d a wee y newspaper pu IS e at m_mu.__h___ -nm...:-mu__munn___n.nu__mu_m_.____u__n.' In SOl county and state and that m-------um-----u--m-"-.mm_m.um:.:~~~.~.~.~.nnn_m.mm......u__m_n_um_._' a copy of which is hereto attached, was published in said newspaper on 'Umh.n.'.m....uun. Narch 2, 1')78 ..-....--....--....-------.......---.........---....-......------....---........--........-.................------.---..................--.....---....--...-.-..--------.....-----------------..--..--.. ................----.----........--------....----........------..-----...~----------- -- ....------.----..---.............---...---------..-----.----......--------..-----..----..--..-. ----.....---....--.........---.....-------......--........-............----.........------..--.....--.....--........--......--........--...--............---.....-----.......-.-----.-----.---...--. --------..--.-----------------.-----------..---------------------------.-...-----------.-..--.------.--------------------.-.-..--.-----..--.-.----.... \JJf1~)_A . ...n-...~.....n..u..u.~~~n.n Subscribed and sworn to before me this the h.nn.n.....}~~~__....___.....___muh_..h. day of ----n--u...-.._.n._}~.~.~...~_:?_l~,u_nu__n_..' 19.~~~..n. ,f) hVn CC J/} /J /7. I, elL- .1:IJ!.....n................':t:"~........-....... Notary Public in and for (~u"cJ"l"ne ....._un..:-::...::m':.u.::.,-___..___............. County, Texas /~- r~P- LEGAL NOTICE ORDINANCE NO. 7lt-F-2 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS "RECOGNIZING THE APPROPRIATE RATES TO BE CHARGED BY ENTEX, INC FOR RESIDENTIAL AND SMALL COMMERCIAL NATURAL GAS SERVICE WITHIN THE CITY OF SCHERTZ, TEXAS; PROHIBITING AD- DITIONAL RATE IN- CREASE REQUESTS PRIOR TO APRIL 1, 1979; PROVIDING FOR THE PAYMENT OF CERTAIN LEGAL FEES; AUTHORIZING A SET- TLEMENT OF A CERTAIN RATE PROCEEDING CURRENTLY PENDING BEFORE THE RAILROAD COMMISSION OF TEXAS; REPEALING ALL OR- DINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY. Passed, approved and adopted the 21 day of February, 1978. June G. Krause City Secretary :. ;;....... City of Schertz, TeJI.llS '. l-c