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Ord. 0355 01-14-77ORDINANCE NO. 355 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF LEONARD, KOEHN, ROSE $ WEBB AS RATE CONSULTANTS AND ATTORNEYS, INCORPORATING THE LEITER AGREEMENT BETWEEN THAT FIRM AND THE CITY FOR THE PURPOSES AND AT THE TERMS STATED THEREIN; ESTABLISHING A POLICY FOR REIMBURSEMENT TO THE CITY FOR THE COSTS OF SUCH SERVICES PERFORMED BY THE CONSULTANTS AND ATTORNEYS; AND MAKING CERTAIN FINDINGS OF FACT, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION I. Pursuant to the Statement of Intent to Change Rates here- tofore filed with the City by Entex, Inc., a privately -owned public utility, for an increase in gas rates and other considerations, hereinafter referred to as (the "Entex Matter") and pursuant to applicable provisions of the Texas Public Utility Regulatory Act, the City Council of the City of Pearland, acting on its own motion, finds it necessary to employ outside consultants and attorneys to handle the Entex Matter on behalf of the City. SECTION II. Pursuant to the agreement between the City Council of the CityofPearland and the law firm of Leonard, Koehn, Rose $ Webb, which agreement is attached hereto and made a part of this ordinance for all purposes stated herein and in that letter agreement, the Mayor and City Secretary are authorized to execute this agreement on behalf of the City Council. SECTION III. Pursuant to Sections 23 and 24;of the Texas Public Utility Regulatory Act, the City Council of the City of Pearland is obligated to make a reasonable determination of rate base, expenses, investment and rate of return within the municipal boundaries in order to regulate its public utilities. In order to fulfill this.: responsibility, the City Council of the City of Pearland deems it necessary to engage outside rate experts pursuant to Section 24 of the Texas Public Utility Regulatory Act. The City Council of the City of Pearland finds that it does not have sufficient budgeted funds in its current budget to provide for payment of such outside experts before being reimbursed by the public utility as provided in Section 24 of the Texas Public Utility Regulatory Act. Therefore, the City Council of the City of Pearland will hereby require Entex, Inc., upon receipt of the statement of the City and/or of the outside experts to reimburse the City for its debt to such outside experts or to pay them directly. - 1 - SECTION IV. The City Council of the City of Pearland has reviewed the letter agreement made a part hereof and finds that the fees and expense charges proposed in that letter agreement are reasonable under Section 24, of the Texas Public Utility Regulatory Act, based on the nature of the work to be done and the skill and expertise required. SECTION V. This Ordinance shall be effective immediately upon its passage and approval upon Second and Final Reading. PASSED AND APPROVED, upon First Reading this A. D., 1977. ATTEST -:-- City Secretar, CITY OF PEARLAND, TEXAS Mayor day of Aa,yefy, PASSED AND APPROVED, upon Second and Final Reading this day of , A. D., 1977. ATTEST: CITY OF PEARLAND, TEXAS Mayor City Secretary Approved: City Attorney - 2 - ORDINANCE NO. 355 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF LEONARD, KOEHN, ROSE 4 WEBB AS RATE CONSULTANTS AND ATTORNEYS, INCORPORATING THE LETTER AGREEMENT BETWEEN THAT FIRM AND THE CITY FOR THE PURPOSES AND AT THE TERMS STATED THEREIN; ESTABLISHING A POLICY FOR REIMBURSEMENT TO THE CITY FOR THE COSTS OF SUCH SERVICES PERFORMED BY THE CONSULTANTS AND ATTORNEYS; AND MAKING CERTAIN FINDINGS OF FACT, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION I. Pursuant to the Statement of Intent to Change Rates here- tofore filed with the City by Entex, Inc., a privately -owned public utility, for an increase in gas rates and other considerations, hereinafter referred to as (the "Entex Matter") and pursuant to applicable provisions of the Texas Public Utility Regulatory Act, the City Council of the City of Pearland, acting on its own motion, finds it necessary to employ outside consultants and attorneys to handle the Entex Matter on behalf of the City. SECTION II. Pursuant to the agreement between the City Council of the City of Pearland and the law firm of Leonard, Koehn, Rose $ Webb, which agreement is attached hereto and made a part of this ordinance for all purposes stated herein and in that letter agreement, the Mayor and City Secretary are authorized to execute this agreement on behalf of the City Council. SECTION III. Pursuant to Sections 23 and 24 of the Texas Public Utility Regulatory Act, the City Council of the City of Pearland is obligated to make a reasonable determination of rate base, expenses, investment and rate of return within the municipal boundaries in order to regulate its public utilities. In order to fulfill this responsibility, the City Council of the City of Pearland deems it necessary to engage outside rate experts pursuant to_,Section 24 of the Texas Public Utility Regulatory Act. The City Council o: the City of Pearland finds that it does not have sufficient budgeted funds in its current budget to provide for payment -of such outside experts before being reimbursed by the public utility as provided in Section 24 of the Texas Public Utility Regulatory Act. Therefore, the City Council of the City of Pearland will hereby require Entex, Inc., upon receipt of the statement of the City and/or of the outside experts to reimburse the City for its debt to such outside experts or to pay them directly. - 1 - SECTION IV. The City Council of the City of Pearland has reviewed the letter agreement made a part hereof and finds that the fees and expense charges proposed in that letter agreement are reasonable under Section 24, of the Texas Public Utility Regulatory Act, based on the nature of the work to be done and the skill and expertise required. SECTION V. This Ordinance shall be effective immediately upon its passage and approval upon Second and Final Reading. PASSED AND APPROVED, upon First Reading this day of A. D., 1977. CITY OF PEARLAND, TEXAS Mayor ATTEST: City Secretary PASSED AND APPROVED, upon Second and Final Reading this day of , A. D., 1977. ATTEST: CITY OF PEARLAND, TEXAS Mayor City Secretary Approved: City Attorney - 2 - ORDINANCE NO. 355 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF LEONARD, KOEHN, ROSE $ WEBB AS RATE CONSULTANTS AND ATTORNEYS, INCORPORATING THE LETTER AGREEMENT BETWEEN THAT FIRM AND THE CITY FOR THE PURPOSES AND AT THE TERMS STATED THEREIN; ESTABLISHING A POLICY FOR REIMBURSEMENT TO THE CITY FOR THE COSTS OF SUCH SERVICES PERFORMED BY THE CONSULTANTS AND ATTORNEYS; AND MAKING CERTAIN FINDINGS OF FACT, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION I. Pursuant to the Statement of Intent to Change Rates here- tofore filed with the City by Entex, Inc., a privately -owned public utility, for an increase in gas rates and other considerations, hereinafter referred to as (the "Entex Matter") and pursuant to applicable provisions of the Texas Public Utility Regulatory Act, the City Council of the City of Pearland, acting on its own motion, finds it necessary to employ outside consultants and attorneys to handle the Entex Matter on behalf of the City. SECTION II. Pursuant to the agreement between the City Council of the City of Pearland and the law firm of Leonard, Koehn, Rose F, Webb, which agreement is attached hereto and made a part of this ordinance for all purposes stated herein and in that letter agreement, the Mayor and City Secretary are authorized to execute this agreement on behalf of the City Council. SECTION III. Pursuant to Sections 23 and 24 of the Texas Public Utility Regulatory Act, the City Council of the City of Pearland is obligated to make a reasonable determination of rate base, expenses, investment and rate of return within the municipal boundaries in order to regulate its public utilities. In order to fulfill.this.:responsibility, the City Council of the City of Pearland deems it necessary to engage outside rate experts pursuant to Section 24 of the Texas Public Utility Regulatory Act. The City Council of the City of Pearland finds that it does not have sufficient budgeted funds in its current budget to provide for payment of such outside experts before being reimbursed by the public utility as provided in Section 24 of the Texas Public Utility Regulatory Act. Therefore, the City Council of the City of Pearland will hereby require Entex, Inc., upon receipt of the statement of the City and/or of the outside experts to reimburse the City for its debt to such outside experts or to pay them directly. - 1 -