HomeMy WebLinkAboutORD 76-81ORDINANCE NO. _
ENTITLED AN ORDINANCE AMENDING THE BUDGET
OF THE CITY OF BEAUMONT FOR THE FISCAL
PERIOD BEGINNING OCTOBER 1, 1975, AND
ENDING SEPTEMBER 30, 1976, BY TRANSFERRING
THE SUM OF $40,000.00 FROM CONTINGENCY TO
ACCOUNT NUMBER 79-415 FOR THE PAYMENT OF
CONSULTANT FEES, ATTORNEYS FEES, AND EX-
PENSES FOR THE DEFENSE OF RATE LITIGATION
WITH ENTEX, INC.; AUTHORIZING THE EMPLOY-
MENT OF TOUCHE ROSS & COMPANY AND DON
BUTLER FOR SUCH SERVICES; ASSESSING THE
REASONABLE COSTS OF SUCH SERVICES AGAINST
ENTEX, INC.; AUTHORIZING THE PAYMENT TO
TOUCHE ROSS & COMPANY FOR SERVICES PRE-
VIOUSLY PERFORMED; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, on July 15, 1976, Entex, Inc. appealed to
the Railroad Commission of Texas from the failure of the City
Council of the City of Beaumont to approve its rate increase
request in the City of Beaumont; and,
WHEREAS, the City Council desires to defend and repre-
sent the customers of Entex, Inc. in the City of Beaumont;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY OF BEAUMONT
Section 1.
That the budget of the City of Beaumont for the fiscal
period beginning October 1, 1975 and ending September 30, 1976,
be, and the same is hereby, amended by transferring $40,000.00
from Contingency to Account 79-415 for the payment of consult-
ing fees, attorneys fees, and expenses to be incurred in the
defense of the appeal of Entex, Inc.
Section 2.
That the City Attorney be, and he is hereby, authorized
to retain the firm of Touche Ross & Company to provide con-
sulting services and expert testimony in the matter and to
retain Don Butler to assist in legal matters involved.
Section 3.
That the reasonable costs of such services are hereby
assessed against Entex, Inc. pursuant to Section 24 of the
Texas Public Utility Regulatory Act of 1975.
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Section 4.
That the City Manager is authorized to make payment to
Touche Ross & Company in the sum of $5,248.00 for services
heretofore performed in connection with the application of
Entex, Inc. for an increase in rates in.the.City of Beaumont,
said sum to be.reimbursed by .Entex, Inc.
Section 5.
That if any section, subsection, sentence, clause or
phrase of this ordinance,. or the application of, same.to a par-
tcular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall in no wise affect
the remaining -portions of this ordinance, and tosuch end the
various portions and provisions of this ordinance are declared
to be severable.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1976.
Mayor