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,
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(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
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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