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<br />~ en <br />I..('"') 0 <br />= ~e <br />= ((cu <br />"-l w~ <br />I~ .;::, ....J c: <br />-;'>":1 Ocu <br />>00 <br />". 1--- <br />::> - 0 <br />0>. <br />z. .-:: <br /> () <br />::i: en <br /> 0 <br />~ I..('"') :::c:: e <br />= <br />Oti = crCU <br />"-l w:2 <br />W-8 ~ d~ <br />...1- 0 <br />-~ >00 <br />LL.':7'; ..J 1--- <br />- 0 <br /> iJ 0>. <br />l- .=) - <br /><( 0 <br /> <br />ORDINANCE NO 2005- 1 00 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, WHICH SHALL CONSTITUTE AN TO <br />ORDER BY THE CITY TO REQUIRE CENTERPOINT ENERGY :< 3 <br />ENTEX TO CEASE AND DESIST FROM CHARGING ILLEGAL ~-< C' <br />AND UNLAWFUL RATES, TO ISSUE REFUNDS, AND TO FILE ~=i <br />A REPORT WITH REGARD TO COSTS EXPENDED IN, }?~~ <br />CONNECTION WITH THE APPEAL OF ORDINANCE NO. 2005- ~l '1 ~~ <br />34, MAKING FINDINGS WITH REGARD TO THIS ORDER; I '- ~ ~ <br />INCLUDING PROCEDURAL PROVISIONS; AND DECLARING ~i Pi <br />AN EMERGENCY t; <br /> <br />RECITALS <br /> <br />120. <br /> <br />,..., <br />= <br />= <br />c.n <br />o <br />I"T1 <br />n <br />, <br />CO <br /> <br />" <br /> <br />-- <br /> <br />r;~-[l:Mi(llll <br />tJ <br />>l"~"~ <br />lH <br /> <br />f;~"a:a.l <br />1"-'I\:li,....' <br /> <br />~ <br />::.t: <br /> <br />o <br />U1 <br />~ <br /> <br />1 On or about June 30, 2005, CenterPomt Energy Entex ("Entex") filed wIth the CIty <br />Clerk for the CIty of San Marcos (the "CIty") a request (the "Statement of Intent") for an <br />mcrease m Entex' s base rates for natural gas servIce provIded m the CIty; and <br /> <br />2. Entex, m the Statement of Intent, requested that base rates for the tYPIcal resIdentIal <br />customer m the CIty be mcreased by 7457% or approxImately $6.22 per month, and Entex <br />requested that servIce charges, like the charge to mltIate servIce, be mcreased by 715 93 %, and <br /> <br />I <br /> <br />3 Entex IS reqUIred by SectIOn 104 103(a)(1) of the Texas UtIlItIes Code to publIsh <br />notIce of proposed rate mcreases m a conspIcuoUS manner m a newspaper of general cIrCUlatIOn <br />m Hays County, Texas, and <br /> <br />4 Entex faIled to publish notIce of the proposed rate mcrease contamed m the Statement <br />of Intent m a conspICUOUS manner m a newspaper of general cIrCUlatIOn m Hays County, Texas, <br />and <br /> <br />5 Entex was ordered by the CIty CouncIl on more than one occaSIOn to publIsh notIce <br />of ItS proposed rate mcrease m a conspICUOUS manner conSIstent WIth Texas law; and <br /> <br />6 Entex has failed to comply WIth the lawful orders of the CIty and has refused to <br />publIsh notIce of ItS proposed rate mcrease m a manner that IS conSIstent WIth Texas law; and <br /> <br />7 Entex may not put ItS proposed rate mcrease mto effect WIthout causmg notIce of the <br />mcrease to be publIshed m a conspICUOUS manner m a newspaper of general cIrculatIOn m Hays <br />County, Texas, and <br /> <br />8 Entex unlawfully put ItS proposed rate mcrease mto effect for ItS customers m the <br />CIty on or about November 3, 2005, and <br /> <br />I <br /> <br />9 Entex should Immediately stop chargmg ItS customers m the CIty any charges based <br />on an unlawful change m Entex' s rates, and <br />