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<br />I <br /> <br />I <br /> <br />I <br /> <br />Entex IS hereby ORDERED to CEASE chargmg base rates to customers m the CIty that <br />exceed the rates m effect on November 1,2005, and to DESIST from any continued chargmg of <br />such excess rates. ThIS order IS not a final declSlon on Entex's request to mcrease rates as shown <br />m the Statement of Intent. Rather, thIS order sImply prohibIts Entex from unlawfully <br />Implementmg a change m ItS rates WIthout complymg With the notIce reqUIrements m SectIOn <br />104 103(a)(1) of the Texas UtIlItIes Code ThIS order does not constItute a declSlon on the ments <br />of the Statement of Intent. <br /> <br />SECTION 3. Refund Order <br /> <br />Entex IS hereby ORDERED to refund to ItS customers m the CIty the mcrease m <br />revenues resultmg from the unlawful mcrease m base rates that Entex Implemented on or about <br />November 3, 2005 Refunds may be Implemented by way of credIts on the bIlls of customers <br />who have been overcharged. Refunds shall begm no later than December 26, 2005 <br /> <br />SECTION 4. Report <br /> <br />Entex IS hereby ORDERED to submIt to the CIty Manager, no later than December 26, <br />2005, the report called for by Part 5 of the ResolutIOn adopted by the CIty CouncIl on October <br />18, 2005, detaIlmg all expenses, WIth mVOlces, mcurred m connectIOn WIth the appeal of the <br />mtenm orders adopted by the members of the AllIance of CenterPomt MumclpalItIes, mcludmg <br />any contracts or agreements for servIces of outSIde consultants or attorneys <br /> <br />SECTION 5. Entex Response Required <br /> <br />Entex IS hereby ordered to prOVIde, no later than December 26, 2005, wntten notIce of ItS <br />mtent to comply WIth thIS ordmance to <br /> <br />Dan O'Leary <br />CIty Manager <br />CIty of San Marcos <br />630 East Hopkms Street <br />San Marcos, TX 78666 Fax 512-396-4656 <br /> <br />SECTION 5. Notice to Entex <br /> <br />A copy of thIS Ordmance shall be faxed to Mr Chuck Harder, ExecutIve DIrector of <br />Rates and Regulatory, CenterPomt Energy Entex, at (713) 207-0046 wlthm twenty-four hours of <br />the adoptIOn of thIS Ordmance, and a copy of thIS Ordmance shall be sent by regular mail to Mr <br />Harder at 1111 LOUISiana, Houston, Texas 77005 <br /> <br />SECTION 6. Miscellaneous <br /> <br />A. If any word, phrase, clause, sentence, or paragraph of thIS ordmance IS held to be <br />unconstItutIOnal or mvalId by a court of competent jurIsdIctIOn, the other proVIsions of this <br />ordmance wIll contmue m force If they can be gIven effect WIthout the mvalId portIOn. <br /> <br />3 <br />