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<br />:E w <br />lJ"") ~ <br />~ c::l ~ <br />c::l a:CU <br />(-..J d::! <br />W~ l"""I i <br />....Jo ~ <br />~ (.!:J ~~ <br />-0 <br />=> o~ <br /><;( <br />C( (J <br /> <br />47. <br /> <br />ORDINANCE NO. 2005- 65 <br /> <br />AN ORDINANCE WHICH SHALL CONSTITUTE AN INTERIM <br />ORDER OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS TO REQUIRE CENTERPOINT ENERGY TO PUBLISH <br />NOTICE OF ITS PROPOSED CHANGES IN RATES AND CHARGES <br />IN A CONSPICUOUS MANNER, TO REQUIRE CENTERPOINT <br />ENERGY TO REFILE ITS STATEMENT OF INTENT UTILIZING A <br />CURRENT TEST YEAR; INCLUDING PROCEDURAL <br />PROVISIONS; AND DECLARING AN EMERGENCY. <br /> <br />RECITALS: <br /> <br />1. On June 30, 2005, CenterPoint Energy ("CenterPoint"), on behalf of its South Texas <br />Division, filed a Statement of Intent to Change Rates and Charges (the "Statement of Intent") to <br />increase its rates and charges within the City of San Marcos (the "City"). <br /> <br />2. Before filing the Statement of Intent, CenterPoint failed to publish notice to indicate a) <br />the percentage increases for typical residential and commercial customers, and b) the changes in <br />current service charges that are being requested by CenterPoint within the City. <br /> <br />3. The requirement to provide adequate and timely notice is fundamental to the City <br />being able to take jurisdiction over the request to increase rates by CenterPoint. <br /> <br />4. The CenterPoint ratepayers are entitled to adequate public notice before any increases <br />in rates or charges are put into effect. <br /> <br />5. The historic test year utilized by CenterPoint in its Statement of Intent to Change Rates <br />and Chargesrate filing ended on March 31, 2004. <br /> <br />6. The Gas Utility Regulatory Act requires that CenterPoint's filing be based upon a test <br />year which contains the most recent 12 months, beginning on the first day of a calendar or fiscal <br />year quarter, for which operating data for a gas utility are available. <br /> <br />7. It is typical in rate filings before municipalities that the end of the test year relied upon <br />by a utility occur not more than six to seven months prior to the filing of the Statement of Intent. <br /> <br />8. The test year utilized by CenterPoint in its rate filing with the City ended on March 31, <br />2004, fourteen months prior to the time the Statement of Intent was filed, and the test year is <br />therefore stale and not in compliance with state law. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. Interim Order <br />