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ORD 2011-43 - Centerpoint Energy Rates Rate Decrease Approval 07-19-2011Agenda Item 4 -) C.- ORDINANCE NO. 2011-43 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS SETTING THE JUST AND REASONABLE RATES FOR THE COST OF SERVICE ADJUSTMENT CLAUSE ( "COSA ") TO BE CHARGED BY CENTERPOINT ENERGY ( "CENTERPOINT ") FOR GAS SERVICE FOR CUSTOMERS IN THE CITY OF HUNTSVILLE, TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on or about April 29, 2011, CenterPoint filed a Statement of Intent with the City Secretary in Huntsville, Texas requesting a rate decrease of $0.22 per residential customer per month, $0.34 per small general service customer per month, and $1.58 per large general service customer per month for the Beaumont /Huntsville COSA Service Area; WHEREAS, CenterPoint requested an effective date for the new rate schedule to go into effect on August 1, 2011; WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it is necessary for the City to make a decision within 90 days of the April 29, 2011 filling, or July 28, 2011; WHEREAS, the City retained the Lawton Law Firm, P.C. to review CenterPoint's rate request and make necessary rate recommendations to the City; and WHEREAS, on June 30, 2011, the Lawton Law Firm, P.C., filed a report with the City on this matter outlining the options available and making recommendations to the City; and WHEREAS, the Lawton Law Firm has recommended that the City approve the requested COSA annual rate decrease as stated in the June 30, 2011 letter from the Lawton Law Firm THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS HEREBY ORDAINS: SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set forth herein. SECTION 2. Based on the recommendations and review presented by the legal /rate consultant Lawton Law Firm, whose report is attached, CenterPoint's proposed rate decrease, of $0.22 per residential customer per month, $0.34 per small general service customer per month, and $1.58 per large general service customer per month for the Beaumont/Huntsville COSA Service Area is adopted and the Company shall file tariffs with the City Secretary reflecting the annual rate decrease. SECTION 3. The Company shall promptly reimburse the City's COSA review rate case expenses. SECTION 4. The Company's Cost of Service Adjustment Clause is approved. SECTION 5. The meeting at which this resolution 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 be effective immediately on passage. 1st reading — July 5, 2011 PASSED AND APPROVED this 19th day of July 2011. ATTEST: oodward, City Se seta APP kOV AS TO FORM: dsI o . 'd Sc 'er, City Attorney APPROVED: