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Ordinance No. 2,2237518 ORDINANCE NO. 2223 AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULES OF RATES TO BE CHARGED BY ENTEX, INC. IN THE CITY OF BAYTOWN, TEXAS, FOR NATURAL GAS AND NATURAL GAS SERVICE FURNISHED BY IT TO RESIDENTIAL AND COMMERCIAL CONSUMERS; FIXING THE EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE; MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES IN CONFLICT. WHEREAS, on December 27, 1976, Entex, Inc. filed its Statement of Intent to change rates in the City of Baytown, Texas, such increases to be effective with all billing after May 1, 1977; and WHEREAS, after reasonable notice, the City Council of the City of Baytown entered on a hearing on the 24th day of February, 1977, and reconvened the hearing on this the 28th day of April, 1977, in order to determine the propriety of the proposed rate changes, said hearing closed on the 28th day of April, 1977; and WHEREAS, the City Council of the City of Baytown has considered all testimony and evidence which has been offered and wishes to pass upon the request of Entex, Inc. for a rate increase; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Entex, Inc., its successors and assigns, is hereby authorized to place into effect the following schedules of rates within the corporate limits of the City of Baytown, Texas, for supply of natural gas and natural gas service: 7519 RESIDENTIAL RATE APPLICATION OF SCHEDULE This schedule is applicable to consumers receiving gas for uses usual in a home through a single meter serving a single family dwelling and its related structures. Natural gas supplied hereunder is for the individual use of the customer at one point of delivery and shall not be resold or shared with others. NET MONTHLY RATE First 400 cubic feet or less $4.00 Next 2,600 " @ .123 per 100 cubic feet Next 3,000 it @ .110 it 19 it Next 10,000 it @ .090 It of Over 16,000 " " @ .055 " " of of $.049 per 100 cubic feet of gas over 6,000 cubic feet allowable in each of the billing months of May through October, inclusive. MINIMUM MONTHLY BILL Effective May 1, 1977, the minimum monthly bill shall be $4.00 net. PAYMENT The above net monthly rates will apply to all bills paid by date indicated on bill. For bills not paid by indicated dated, gross rates shall apply, which rates shall be the above net rates plus ten percent (10`7'0), not to exceed $3.00. COMMERCIAL RATE APPLICATION OF SCHEDULE This schedule is applicable to consumers using gas for purposes other than residential whose consumption in any month is less than 150,000 cubic feet. When a customer uses in excess of 150,000 cubic feet in any month, the consumer shall be billed on the applicable large volume rate schedule. Natural gas supplied hereunder is for the individual use of the customer at one point of delivery and shall not be resold or shared with others. -2- 7520 NET MONTHLY RATE First 400 cubic feet or less $4.50 Next 8,600 11 it @ .133 per 100 cubic feet Next 11,000 of it @ .110 If it Next 10,000 it It @ .075 " It " It Over 30,000 It it @ .060 " it " It MINIMUM MONTHLY BILL Effective May 1, 1977, the minimum monthly bill shall be $4.50. PAYMENT The above net monthly rates will apply to all bills paid by date indicated on bill. For bills not paid by indicated date, gross rates shall apply, which rates shall be the above net rates plus ten percent (10 %), not to exceed $5.00. Section 2: Purchased Gas Adjustment Provision: The above net monthly rate per unit sold is predicated upon a price of gas purchased for resale hereunder of 38.30 per Mcf. To the extent that Entex's price of gas to be purchased (adjusted to correct any prior variations from actual costs) for resale hereunder increases or decreases, said net monthly rate shall be adjusted up or down to reflect (i) changes in such cost of gas per unit sold and (ii) changes in gross receipts taxes resulting from such increases or decreases in the net monthly rate. For purposes of calculating said adjustment, it shall be proper for Entex to determine its cost of gas from its several suppliers and the gross receipts taxes to be paid on the basis of a logical geographical area. If Entex receives any refund of any increased cost of purchased gas that has been passed on under this provision, a refund shall be made to consumers served by this rate schedule. -3- 1 � 7521 Section 3: Repealing Clause: All ordinances or parts of ordinances inconsistent with the are hereby repealed; provided, howe, shall be only to the extent of such other respects this ordinance shall ordinances regulating and governing covered by this ordinance. terms of this ordinance ver, that such repeal inconsistency and in all be cumulative of other the subject matter Section 4: Savings Clause: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held un- constitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to the end provisions of this ordinance are declared to be severable. Section 5: Effective Date: This ordinance shall take effect immediately from and after its passage by the affirmative vote of the City Council of the City of Baytown and the rates provided for herein shall be effective for all bills rendered after May 1, 1977. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council on this 12th day of May 1977. TOM GENTRY, Mayory ATTEST: EILEEN P. HALL, City Clerk APPROVED: 0 NEEL R CHA DSON, City Attorney -4-