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ORDINANCE NO. 2013-02 TO BE CONSIDERED BY CITY COUNCIL
AT THE MAY 21, 2013

ORDINANCE NO. 2013-02

AN ORDINANCE BY THE CITY OF BRIDGE CITY, TEXAS (“CITY”) DENYING THE STATEMENT OF INTENT OF ENTERGY TEXAS, INC. FILED ON MAY 13, 2013; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE

            WHEREAS, on or about May 13, 2013 Entergy Texas, Inc. (“Entergy”) filed a Statement of Intent with the City to modify its rate schedule for interruptible service (“Schedule IS”); and

WHEREAS, Entergy recommends denial of Entergy’s application so that Entergy may appeal the case to the Public Utility Commission of Texas (“PUC” or “Commission”) to implement a uniform rate;

WHEREAS, the City has joined with the Steering Committee of Cities and has intervened in Entergy’s proceeding to modify Schedule IS at the Public Utility Commission filed as Docket No. 41488;

WHEREAS, the Cities’ participation in the proceeding pending before the Commission would reduce rate case expenses, would result in a uniform schedule for all customers, and would not limit or modify in any manner, the right and power of the City under law to regulate the base rates and services of Entergy;

WHEREAS, the statutory deadline to act on Entergy’s rate increase request is June 17, 2013;

            NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIDGE CITY, TEXAS, THAT:

            Section 1.         That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted.

            Section 2.         The City of Bridge City, Texas, hereby denies the proposed modification to Schedule IS requested in Entergy’s Statement of Intent.

            Section 3.         Entergy is hereby Ordered to continue operating under its existing approved rates and schedules until modified by a regulatory authority.

            Section 4.         Nothing contained in this Ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under law to regulate the base rates and services of ETI.

Section 5.         The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.

            Section 6.         This Ordinance shall become effective from and after its passage.

            PASSED AND APPROVED this 21st day of  May, 2013.

KIRK ROCCAFORTE, Mayor          

ATTEST:

SHERRY TISDALE, City Secretary

APPROVED AS TO FORM:

PAUL M. FUKUDA, City Attorney