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Ordinance No. 653ORDINANCE NO. 653 AN ORDINANCE ESTABLISHING RATES TO BE CHARGED FOR THE TYPES AND CLASSES OF SERVICE SPECIFIED BY ALL PERSONS, FIRMS AND CORPORATIONS FURNISHING ELECTRIC SERVICE WITHIN THE CITY OF BAYTOWN; ESTABLISHING A SCHEDULE OF RATES TO BE KNOWN AS SCHEDULE RS -1 FOR RESIDENTIAL SERVICE; ESTABLISHING A SCHEDULE OF RATES TO BE KNOWN AS SCHEDULE IMGS -1 FOR MISCELLANEOUS GEN- ERAL SERVICE; PROVIDING A METHOD FOR DETERMINING THE KVA AP- PLICABLE TO SCHEDULE MGS -1; PROVIDING THAT SCHEDULES RS -1 AND MGS -1 SHALL BE SUBJECT TO CERTAIN ADJUSTMENTS FOR INCREASED FUEL COSTS AND INCREASED TAXES; PROVIDING WHEN BILLS SHALL BE DUE AND MAKING PROVISIONS CONCERNING PAYMENT; PROVIDING THAT PERSONS, FIRMS AND CORPORATIONS FURNISHING ELECTRIC SERVICE SHALL MAINTAIN COPIES OF ALL RATE SCHEDULES ON FILE AND AVAIL- ABLE AT THEIR PRINCIPAL OFFICE IN THE CITY; REPEALING ORDIN- ANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRES- CRIBING A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS ($200.00); PROVIDING AN EFFECTIVE DATE FOR THE RATES HEREIN ESTABLISHED; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the following rates are established, subject to the terms and conditions hereof, as the rates which shall be charged by every person, firm or corporation engaged in the business of furnishing and supplying electric ser- vice, of the type and class hereinafter specified, to consumers thereof, for con- sumption within the City of Baytown, until such rates are changed by order of the City Council, or as hereinafter provided, and it shall be unlawful for any person, firm or corporation to charge any higher rate or rates for service of the types and classes hereinafter set forth. Section 2: Schedule RS--1 - Residential Service: (A) Application -- This Schedule shall be applicable as follows: (1) To all electric service required for residential purposes in individual private dwellings and in individually metered apartments when such service is supplied at one Point of Delivery and measured through one meter. (2) Where two family or housekeeping units are served through one meter, it will be optional with the customer whether the kilowatt -- hour steps in the rate and the minimum bill provisions will be doubled for billing purposes or whether all the service will be furnished under the General Service Schedule, Schedule MGS -1, hereinafter established. Where more than two family units or apartments are served through one meter, billing will be under the said General Service Schedule. (3) Where a portion of such electric service is used for non- residential purposes General Service Schedule MGS -1 shall be applicable to all electric service supplied. However, if the customer's wiring is so arranged that the electric service for residential purposes and for non - residential purposes can be metered separately, this Schedule RS -1 shall be applicable to the portion used for residential purposes. "2„ (4) Schedule RS -1 shall not be applicable to temporary, breakdown, stand -by, supplementary or resale service. (B) Net Monthly Bill - The net monthly bill shall be: 1. For the billing months of May through October: $1.20, which includes the use of 20 kwh; 3.3� per kwh for the next 90 kwh; 2.34 per kwh for the next 90 kwh; 1.5� per kwh for all additional kwh. Minimum: $1.20. 2. For the billing months of November through April: $1.20, which includes 3.4 per kwh for the 2.4 per kwh for the 1.5� per kwh for the 1.0¢ per kwh for all Minimum: $1.20. the use of 20 kwh; next 90 kwh; next 90 kwh; next 300 kwh; additional kwh. 3. By the term "billing month" as hereinabove used is meant the month within which the bill for service is scheduled to be mailed or otherwise delivered to the customer. The use of cycle billing is authorized, provided bills for electric service will normally be based on a monthly period of approximately 30 days and not more than 12 bills for electric service shall be rendered to one customer covering service to one residence during any calendar year. Section 3: Schedule MGS -1 - Miscellaneous General Service: (A) Application - This Schedule shall be applicable as follows: (1) This Schedule shall be available to any customer for all electric service supplied at one premises through one Point of Delivery and measured through one meter. (2) This Schedule shall not be available for loads in excess of 50 kva, temporary, breakdown, stand -by, supplementary or resale service, except upon special contract. (B) Net Monthly Bill - The net monthly bill shall be: Rate: - $1.20 - including the use of 20 kwh; 3.7Q per kwh for the next 480 kwh (subject to adjustment stated below); 2.25 per kwh for the next 3,000 kwh; 0.7¢ per kwh for all additional kwh. Adjustment: The above rate shall be applicable to loads up to 5 kva and when in excess thereof the kwh to be charged for at the above stated 3.7� step of the rate shall be increased as follows: 1. For the billing months of May through October by the addition of 50 kwh per kva for each kva over 5 kva. 2. For the billing months of November through April by the addition of 35 kwh per kva for each kva over 5 kva. Minimum: If upon expiration of any 24 consecutive monthly billings, subsequent to the date service is first supplied under this Rate Schedule, customer's total payments are not equal to or more than $12.00 per Kva for each Kva in excess of 5 Kva of the maximum Kva sup- plied during such period Company may remove its facilities unless the customer agrees to pay a minimum billing equivalent to $12.00 per Iva " 31* for each Kva in excess of 5 Kva of the maximum Kva required to satisfy customer's service requirements for the next 24 consecutive monthly billings or any fraction thereof. Section 4: The KVA (kilovolt amperes) applicable to Schedule MGS -1 shall be as follows: (A) For the billing months of May through October the Kva shall be the average Kva.suppiied during the 15 minute period of maximum use during the month then being billed, as determined by the use of a standard block interval integrated Kva meter or thermal ammeter calibrated to read Kva based on the Company's standard voltage supplied. (B) For the billing months of November through April the metered Kva will be determined as outlined above and the billing Kva will be determined as follows: (1) If the metered Kva is less than the Kva used for billing the preceding August (hereinafter called August Kva) then the metered Kva will be the Kva used for billing. (2) If the August Kva is less than the metered Kva then the August Kva will be the Kva used for billing; provided, how- ever, that if the August Kva is less than one -half the metered Kva then one -half the metered Kva will be the Kva used for billing. Section 5: The Schedules hereinabove established in Sections 2 and 3 (Schedules RS -1 and MGS -1) shall be subject to the following adjustments: First, plus or minus an amount calculated at the rate of .025 mills per kwh for each 0.2 cents change in the average cost to the person, firm or corporation supplying electric service of fuel burned, during the second month preceding the billing month, above or below 21.6 cents per one mil- lion BTU; and, Second, plus or minus the proportionate part of the in- crease or decrease in operating expense occurring after June 1, 1962, caused by any new tax, or the revision or abolition of any existing tax, or increased or decreased rate of tax or governmental imposition, properly chargeable as an operating expense and based upon dollar or kwh volume of business done except (a) ad valorem taxes assessed or levied by any state, county, special district or the City; (b) income taxes; and (c) gross receipts payments to the City, regardless of how designated, of not to exceed 4% of gross receipts within the city limits, levied or assessed against the person, firm or corporation furnishing electric service, or upon such electric business, as the result of any new or amended laws or ordinances enacted, or the repeal of any such law or ordinance after June 1, 1%2. No adjustment hereunder shall, however, at any time be in excess of the adjustment then being collected in the City of Houston. Texas, by the person, firm or corporation there supplying electric service. Section 6: Payment of Bills: Net bills shall be due when rendered and shall be payable within ten (10) days thereafter. Bills not so paid shall be the net bill as rendered plus 10% of the first $50.00 of such net bill. Section 7: Every person, firm or corporation furnishing electric service within the City shall maintain on file at its principal office in this City in printed form copies of all established schedules of rates charged for electricity, and the same shall be made available to any citizen of the City who shall apply therefor. Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. "411 Section 9: Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Two Hundred Dollars ($200.00). Each day of the con- tinuance of such violation shall be considered a separate offense; and any such violation shall on conviction be so punished therefor. Section 10: If any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end, all provisions of this ordinance are declared to be severable. Section 11: The rate and charges prescribed in this ordinance shall apply to all electricity used by each customer to whom such rates are applicable as provided herein from and after each such customer's first regular meter reading following the effective date of this ordinance. Section 12: This ordinance shall take effect immediately upon its passage and approval by the Mayor. The City Clerk is hereby directed to give notice here- of by causing the caption of this ordinance to be published in the official news- paper of the City of Baytown at least twice within ten (10) days after the pass- age of this ordinance. INNODUCED, READ and PASSED by City Council of the City of Baytown ATTES�: �7 Edna Oliver, City Clerk the affirmative vote of a majority of on the day of Al Clayton, Mayor the 1962.