Res 2005-158 - Laserfiche WebLink

Home Browse Search

9. Although the City Council deems the public notice previously published by Entex of its proposed rate increase to be wholly insufficient, the City Council, to protect the exclusive original jurisdiction of the City over Entex's rate increase request, finds and determines that it should schedule and enter upon a hearing on Entex's rate increase request, pursuant to Texas Utilities Code Section 104.105. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. Procedural Order. This resolution is a procedural order and should not in any way be interpreted as a final decision on CenterPoint Energy Entex's Statement of Intent, as originally filed June 30, 2005 or as refiled on October 5, 2005. PART 2. Incorporation of Preamble. The facts and findings set forth in the Recitals are adopted as though restated herein. PART 3. Suspension of Effective Date. Entex's Statement of Intent filed with the City on June 30, 2005 and as refiled on October 5, 2005, is hereby suspended indefinitely due to the failure of Entex to publish notice in conformity with Section 104.103(a)(1) of the Utilities Code. The effective date will be recalculated once Entex has completed publication of sufficient notice. PART 4. Public Notice. Entex shall cause public notice to be published once a week for I four consecutive weeks in a newspaper of general circulation within Hays County in the manner specified in Section 3 of the Interim Order Ordinance. The City Council finds that such notice satisfies the requirements of Section 104,103(a)(1) of the Utilities Code, Entex shall give written notice to the City Manager, Dan O'Leary, within ten days of the adoption of this resolution, of the date when Entex expects to complete publication of the public notice, and shall provide with such notice with a copy of the text of the public notice submitted by Entex to the newspaper for publication. PART 5. Submission of Report. Entex shall submit a report to the City Manager detailing all expenses, with invoices, incurred in connection with the appeal of the interim orders adopted by the ACM, including any contracts or agreements for services of outside consultants or attorneys. PART 6. Prompt Response To Discovery. Entex shall provide responses to Requests for Information submitted to Entex by the attorney for the ACM within 14 calendar days of receipt. In the event of extraordinary circumstances for particular requests the deadline for these responses may be extended up to seven additional calendar days. Failure to respond promptly to discovery may result in a hearing in progress in order to have time to properly take discovery responses into account when rendering a final decision. PART 7. Public Hearing. A public hearing on Entex's request to increase rates within the City of San Marcos is scheduled for 7:00 p.m. on November 1, 2005 in the Council Chambers I 2