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I I I 169 ORDINANCE NO. 1979-1 AN ORDINANCE OF THE CITY OF SAN MARCOS, TEXAS, FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC., FOR GAS AND GAS SERVICE TO RESIDENTIAL AND COMMERCIAL CUSTOMERS WITHIN THE CITY OF SAN MARCOS, TEXAS; PROVIDING FOR THE FILING OF AN ANNUAL OPERATING REPORT; PLACING CERTAIN FILING LIMITATIONS; ESTABLISHING THE EFFECTIVE .DATE THEREOF; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. WHEREAS, Entex, Inc. filed its Statement of Intent to change rates in the City of San Marcos, Texas, on July 14, 1978; and, WHEREAS, after reasonable notice to Entex, the City Council of the City of San Marcos on August 10, 1978 suspended the proposed changes and entered on a hearing to determine the propriety of such changes; and, WHEREAS, after said hearing, the City Council of the City of San Marcos has determined the level of rates to be charged or applied by Entex, Inc.; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: SECTION 1. That Entex, Inc. is hereby ordered to issue and file with the City of San Marcos, tariff sheets containing residential and commercial rate schedules identical to those tariff sheets numbered R-451-1 and SC-451-1, attached hereto and made a part hereof for all purposes. SECTION 2. That the rates set out on the rate schedules filed pursuant to Section 1. hereof, are to be observed by Entex, Inc., its successors and assigns, until changed as provided by the Texas Utility Regulatory Act. SECTION 3. That this Order determining the level of rates to be charged or applied by Entex, Inc. shall be served upon Entex, Inc. by United States mail. SECTION 4. That the tariff sheets filed by Entex, Inc. shall become effective with bills rendered on and after the effective date hereof. SECTION 5. That on or before the first day of April of each year after the date of final passage of this Ordinance, Entex shall file with the City of San Marcos a report of the opera- tions of Entex, Inc. for the immediately preceding calendar year, and said report shall be made in person by a representative of Entex, Inc. at a regularly scheduled meeting of the City Council. SECTION 6. That Entex shall not request a residential or small commercial rate increase to become effective before April 1, 1980 in the City of San Marcos, other than adjustments under the Purchased Gas Adjustment Provision. SECTION 7. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 8. That if any provision, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held unconstitutional, void or invalid (or for any reason unenforceablE the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by any reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end, all provisions of this Ordinance are declared to be severable.