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0611 AN ORDINANCE REJECTING A PROPOSED RATE INCREASE FOR H2M WATER SYSTEMS, INC., FOR WATER SERVICE PROVIDED TO INDIAN CREEK SUEDIVISION AND LAKEWOOD RIDGE SUEDIVISION WITHIN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on May 9, 1994, H2M Water Systems, Inc. filed with the City of Southlake a proposed rate increase for two (2) public water systems within the City of Southlake, serving Indian Creek Subdivision and Lakewood Ridge Subdivision. WHEREAS, the City of Southlake has original jurisdiction over rates charged for water service within its municipal boundaries pursuant to Texas Water Code §13.042. WHEREAS, Southlake finds that the information submitted by H2M in support of the proposed rate increase does not substantiate that increased rates will be fair, just, and reasonable, and the services will be adequate and efficient. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The said proposed rate increase of H2M Water Systems is hereby rejected for application within the corporate limits of the municipality of Southlake. SECTION 2. Nothing in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right or power of the governing body of this municipality under the law to regulate the rates, operation and services of water utility services providing water within the City. This ordinances provisions of provisions of provisions of SECTION 3. ordinance shall be cumulative of all provisions of except where the conflict with the of the City of Southlake, Texas, this ordinance are in direct such ordinances, in which event the conflicting such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. -2- PASSED AND APPROVED ON FIRST READING ON THIS ~'~ CITY SECRETARY DAY OF PASSED AND APPROVED ON SECOND READING ~ , 199 · dI~ SkCRETARY DAY OF APPROVED AS TO FORM AND LEGALITY: -3- fort Worth tar1ë1egram 400 W.SEVENTH STREET• FORT WORTH,TEXAS 76102 STATE OF TEXAS ty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County, Texas ; and who , after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : TOTAL DATE AD INVOICE NO. DESCRIPTION AD SIZE INCH L LINE RATE AMOUNT JUN 10' 2688529 CL • 358 NOTICE OF PUBLIC HEARING 1X38 L 38 • 46 17 . 48 P OTICsEA IS HEREBY?Pin IV- d u n e 1 0 EN TuO ALL INTERESTED - PERSONSthattheCltvCoun- cil of the City of Southlake, Texas,will be holding a public hearing during the Regular pCouncil meeting99to be gheld on In fie CItv9eeting ill bete held _... _. of City Hall,667 North Carroll Avenue, Southlake, Texas. The purpose of the public hearing Is to consider the fol- lowIn9 ordinance: ORDINANCE NO 611 AN ORDINANCE REJECT- ING A PROPOSED RATE ' INCREASE FOR H2M WA- TRSRVSCPR DWAEEEbV ED TO INDIAN CREEK SUBDIVISION AND LAKE- WOOD RIDGE SUBDIVI- SIONWITHINTHECITYOF _ PROV DINGETHAT THIIS /6611i7C7A f óUBSCIIBED IAND SWORNT CUMULANIVEOFALLOR fHIS THE LOTH D • Y OF JUNE , 9 DINANCESPROVIDINGA SEVERABILITY CLAUSE; ! NOTARY PUBLIC AND PROVIDING AN EF- 1 A FECof So DATE. G— ( " F-_� City Sandra L Gra TARRANT COON TEXAS ake Sandra L.LeGrand City Secretary I i``- .-if,*�, 11NDA K. RUINS S3=,. COMMISSION EXPIRES +�� SEPTEMBER 13 199'► Atc ji f-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT REMIT TO : 400 W . SEVENTH , FW, TX 76102 • PEP PT Worth Star-Telegram J'T TO: '• + X� "1E�'A'�' � 1.2os, ACCOUNT AMOUNT 2688529 NUMBER CIT57 DUE 17 . 48 PAGE 1:)F 1 1111 CITY OF' SOUTHLAKE 667 N CARROLL AVE 17 . 48 SOUTHLAKE TX 76092-9595 PLEASE PAY HISAMOUNT ► • ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 4111nSTATE OF TEXAS ty of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant County, Texas ; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : z- TOTAL DATE AD INVOICE NO. DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT JUN 24 2696449 CL . 358 1X6O 60 .46 27 . 60 ANNCGOERDINNAN ERE 6E1C T P . O . # ORD • 611 TERRSYSSTONOR H ppqE WATER SERVICE PRbVIp- D TO INDIAN CREEK SUBDIVISION AND LAKE- WOOD RIDGE SUBDIVI- ION WITHIN THE CITY OF' UTHLAKE TEXAS OVIDING CHAT THI RDINANCE SHALL B UMULATIVE OF ALL OR- EVERABSLIITRYO CLAUSE AND PROVIDING AN EF- FECTIVE DATE. Eit is hereby dec lea red to be the Intention of the City Council thatthepphrases,clauses sen Irons sof Ir-s ordinance e r1,j 1L. C140•.., severable and if any phrase, _.._..__ clause sentence paragraph 27Th A Y O F JUNE, 19 SUBSCRIBED A D SWORN TO BEFOREor section of th(s ordinance' n • I or lla redeclaredofanyc unccourt -I �(/A f - tional by the valid Judgement.Y PUBLIC , or decree of any court of com- connsfituti nalityl�halll not af- fect any of the remaining TARRANT COU TY, TEXAS pPhrases, clauses, sentences thisordlnance,nsiince he same would have been enacted by the CltyCouncll withoutthe in- corporation In this ordinance or any such unconstitutional entence, 6' t). phrase, clause, sentence, O•" paragraph or section. ?• UMDA K, BIER$ SECTION 5tLs71f/1� TVe'RcThis ordinance ro l n in full ,,r,Atom• COMMISSION tXP S to rce andeffect f rem and afte r Its passage land aw,an publication as lr......_.; r SEPTEMBER 13, 1997 reouiredby law,and it i;soor- PASSEED AND APPROVED TEAR ALONG THIS PERFORATII THEHCITYYOFF SOUTH,)WER PORTION WITH YOUR PAYMENT-- LAKE THIS THE 215TDAY OF JU/NE, 1994. Gary southlake Attest:Sandra L.LeGranrrd,i T TO : 400 0 W . SEVENTH, FW , TX 76102 n t. Fort WorthSt a r-Tele r ���,�;7 To' �. xPxgcl�X9t�X��x-�c�€�c*x��_2o51 ACCOUNT AMOUNT 2696449 NUMBER CIT57 DUE 27 . 60 PAGE OF 1 CITY OF SOUTHLAKE • 667 N CARROLL AVE PLEASE PAY 27. 60 SOUTHLAKE TX 76092-9595 THISAMOUNT1 ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED