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10 Entex should refund to Its customers any momes receIved resultmg from the I ImplementatIOn ofthe unlawful change m Its rates that It put mto effect on or about November 3, 2005, now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS SECTION 1 Findings The CIty Council makes the followmg findmgs Fmdmg No.1 Entex IS unlawfully and Illegally chargmg base rates m excess of ItS lawful rates. Fmdmg No.2 Entex's rate request IS not properly before the CIty CouncIl, and the CIty CouncIl may not make a final deCIsion on Entex' s rate request untIl Entex has publIshed notIce conSIstent WIth SectIOn 104 103(a)(1) of the Texas UtIlItIes Code Fmdmg No.3 Entex has on more than one occaSIOn failed to comply WIth the orders of the CIty to publIsh notIce m a manner conSIstent WIth SectIOn 104 103(a)(1) of the Texas UtIlItIes Code I Fmdmg No.4 There IS no effectIve date for mcreasmg rates untIl publIc notIce conSIstent With SectIOn 104 103(a)(1) of the Texas UtIlItIes Code has been publIshed. Fmdmg No.5 WhIle mamtammg ItS pOSItIon that the rate request was not properly before the CouncIl due to defects III publIcatIOn, out of an abundance of cautIOn, the CIty suspended the effective date stated in Entex's rate request mdefimtely due to the faIlure of Entex to publish notIce conSIstent WIth Texas law Fmdmg No.6 ThIS order IS not based upon any partIcular test year but IS Issued due to the chargmg of Illegal or unlawful rates by Entex. Fmdmg No.7 Entex made a filIng WIth the CIty on or about October 5, 2005, whIch made some of the mformatIOn prOVIded earlIer m the Statement of Intent obsolete or maccurate. Fmdmg No 8 Entex has refused to answer any requests for mformatIOn (dIscovery) from the CIty'S attorney With regard to ItS October 5, 2005 filmg. SECTION 2. Cease and Desist Order I 2