Ordinance No. 1,066ORDINANCE NO. 1066
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 31, UTILITIES,
BY AMENDING ARTICLE 1, ELECTRICAL SERVICE; 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 SER-
VICE; ESTABLISHING A SCHEDULE OF RATES TO BE KNOWN AS SCHEDULE
MGS -1 FOR MISCELLANEOUS GENERAL SERVICE; PROVIDING A METHOD
FOR DETERMINING THE KVA APPLICABLE TO SCHEDULE MGS -1; PRO-
VIDING 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 PROVI-
SIONS CONCERNING PAYMENT; PROVIDING THAT PERSONS, FIRMS AND
CORPORATIONS FURNISHING ELECTRIC SERVICE SHALL MAINTAIN COPIES
OF ALL RATE SCHEDULES ON FILE AND AVAILABLE AT THEIR PRINCIPAL
OFFICE IN THE CITY; REPEALING ORDINANCES INCONSISTENT HERE-
WITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED DOLLARS ($200.00); PROVIDING AN EFFEC-
TIVE 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, TEXAS:
Section 1: That the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by the amendment of Chapter 31, Utilities,
Article 1, Electric Service, which shall read as follows:
Section 31 -1. Application of article.
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 service, of the type and class
hereinafter specified, to consumers thereof, for consumption
within the corporate limits of the City, 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 31 -2. Schedule RS -1 - Residential Service.
(a) Application. This schedule shall be applicable
as follows:
(1) To all electric service required for resi-
dential purposes in individual private dwel-
lings 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 provi-
sions will be doul,led 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 elec-
tric service supplied. However, if the cus-
tomer'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.
(4) Schedule RS -1 shall not be applicable to tem-
porary, 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:
$1.90, which includes the use of 20 kwh;
3.3� per kwh for the next 90 kwh;
2.3� per kwh for the next 90 kwh;
1.5� per kwh for all additional kwh.
Minimum: $1.90
(2) For the billing months of November through April:
$1.90, which includes the use of 20 kwh;
3.3� per kwh for the next 90 kwh;
2.3� per kwh for the next 90 kwh;
1.5� per kwh for the next 300 kwh;
1.0� per kwh for all additional kwh.
Minumum: $1.90
Section 31 -3. Schedule MGS-1 - Miscellaneous General Service.
(a) Application. This schedule shall be applicable as
follows:
(1) This schedule shall be available to any cus-
tomer 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, ex-
cept upon special contract.
(b) Net monthly bill. The net monthly bill shall be:
Rate: $1.90, including the use of 20 kwh;
3.70 per kwh for the next 80 kwh;
2.70¢ per kwh for the next 700 kwh
(subject to adjustment stated below);
1.90 per kwh for the next 2300 kwh;
0.70 per kwh for all additional kwh.
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Adjustment. The above rate is applicable to loads
of 8 kva or less and when in excess thereof the
kwh to be charged for at the above stated 2.7¢ step
of the rate will be increased by 75 kwh per kva over
8 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 8 kva of the maxi-
mum kva supplied during such period the utility may
remove its facilities unless the customer agrees to
pay a minimum billing equivalent to $12.00 per kva
for each kva in excess of 8 kva of the maximum kva
required to satisfy customer's service requirements
for the next 24 consecutive monthly billings or any
fraction thereof.
Section 31 -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 supplied during the 15 minute period of
maximum use during the month then being billed, as determined from
meter readings. The kva may be determined by the use of a standard
block interval integrated kva meter or thermal ammeter calibrated
to read kva based on the utility'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, however, 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.
(3) The above provision (2) is not applicable to:
a. New customers taking service subsequent
to the start of the August billing month;
b. New customers taking service prior to the
August billing month whose total electri-
cal equipment is not installed and in opera-
tion prior to the August billing month;
c. Existing customers adding and /or operating
new facilities during the period subsequent
to the August billing month and prior to the
following billing month of May.
Under such circumstances the metered kva will be
the kva used for billing.
Section 31 -5.
By the term "billing month" as
31 -2, 31 -3 and 31--4 and subsequently
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hereinabove used in Sections
used in Section 31 -6, 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 ser-
vice 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 premises during
any calendar year.
Section 31 -6. Fuel Cost and Tax Adjustment.
Schedules RS -1 and MGS -1 hereinabove established shall be
subject to the following adjustments: First, plus or minus an
amount calculated at the rate of .025 mill per kwh for each 0.2
cent 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 million btu; and second, plus or minus the proportionate part
of the increase or decrease in operating expense occuring 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 desig-
nated, of not to exceed 4% of gross receipts within the City
limits, levied or assessed against the person, firm or corpora-
tion 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, 1962.
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 elec-
tric service.
Section 31 -7. 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 31 -8. Every person, firm or corporation furnishing elec-
tric service within the City shall maintain on file at its prin-
cipal 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 2: 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 ordi-
nances regulating and governing the subject matter covered by this ordinance.
Section 3: 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 continuance of such violation shall be considered a
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separate offense; and any such violation shall, on conviction, be so
punished therefor.
Section 4: If any provision, exception, section, subsection,
paragraph, sentence, clause or phrase of this ordinance or the applica-
tion of same to any person or set of circumstances shall for any reason
be held unconstitutional, void or invalid, such invalidity shall not af-
fect 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 5: 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 6: This ordinance shall take effect from and after 'ten
(10) days from its passage by the City Council. The City Clerk is hereby
directed to give notice hereof by causing the caption of this ordinance
to be published in the official newspaper of the City of Baytown at least
twice within ten (10) days after the passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, on this the day of January, 1971.
C. GLEN WALKER, Mayor
ATTEST: EDNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUR LIN, City Atto ey