Ordinance No. 1,460ORDINANCE NO.1460
AN ORDINANCE AMENDING THE CODEOF ORDINANCES OF THE CITYOF BAYTOWN,
TEXAS,BY THE AMENDMENT OF CHAPTER 31,"UTILITIES",BY AMENDING
ARTICLE I,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 SERVICE;ESTABLISHING A SCHEDULE OF RATES
TO BE KNOWN AS SCHEDULE MGS-1 FOR MISCELLANEOUS GENERAL SERVICE;
PROVIDING AMETHOD FOR DETERMINING THE KVA APPLICABLE 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 ANDMAKING PROVISIONS 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;PRESCRIBING
A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS ($200.00);REPEALING OR
DINANCES INCONSISTENT HEREWITH;CONTAINING A SAVINGS CLAUSE;PRO
VIDING 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,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 I,
Electric Service,which shall read as follows:
Section 31-1.Application ofarticle.
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 cor
poratelimits of the City,until such rates are changed by order
of the City Council,or hereinafter provided,and it shall be un
lawful for any person firm or corporation to charge any higher rate
or rates for service of the types andclasses 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 residential pur
poses in individual private dwellings and in indivi
dually 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 andfor
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 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:
$1.90,which includes theuse of 20 kwh;
3.3*per kwh for the next 90 kwh;
2.3*per kwh for the next 90 kwh;
1.65*per kwh for all additional kwh.
Minimum:$1.90.
(2)Forthe 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;
1.65*per kwh for the next 300 kwh;
1.15*per kwh for all additional kwh.
Minimum:$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 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:$1.90,including the use of 20 kwh;
3.80*per kwh for the next 80 kwh;
2.95*per kwh for the next 700 kwh
(subject to adjustment stated below);
1.95*per kwh for the next 2,300 kwh;
0.80*per kwh for all additional kwh.
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 2.95*step of the rate
willbe increased by 75 kwh per kva over 8kva.
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 8kva of the maximum kva supplied during such
period the utility may remove its facilities unlessthe
customer agrees to pay a minimum billing equivalent to$12.00per kva for each kva in excess of 8 kva of the
maximum kva required to satisfy customer's service re-
-2-
quirements 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 (hereinaftercalled August kva)then
the metered kva will be thekva 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 provisions (2)is not applicable to:
(a)new customers taking service subsequent tothe start
of the August billing month;
(b)new customers taking service prior to the August
billing month whose total electrical equipment is
not installed and in operation prior to the August
billing month;
(c)existing customers adding and/or operating new fa
cilities during the period subsequent to the August
billing month and prior tothe following billing
month of May.
Under such circumstances the metered kvawillbe thekva
used for billing.
Section 31-5.Cycle billing.
By the term "billing month"as hereinabove used in Sections 31-2,
31-3 and 31-4 and subsequently,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 au
thorized,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 customer covering service to one premises during any calendar year.
Section 31-6.Fuel cost andtax 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 .025mill per kwh for each0.2 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 oc
curring after June 1,1962,caused by any new tax,or the revision or
-3-
abolition of any existing tax,or increased or decreased rate of tax
or governmental imposition,properly chargeable asan operating ex
pense and based upon dollar or kwh volumeof business done [except (a)
ad valorem taxes assessed or levied by any state,county,special dis
trict or the City;(b)income taxes;and (c)gross receipts payments
to the City,regardless of how designated,of not to exceed four (4%)
percent of gross receipts within the city limits],levied or assessed
against the person,firm or corporation furnishing electricservice,
or upon such electric business,as the result of anynew 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,bythe person,firm or corporation there supplying
electric service.
Section 31-7.Paymentof 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 ten (10%)percent of the first Fifty and No/100 ($50.00)
Dollars of such net bill.
Section 31-8.Files to be maintained in City.
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 shallbe made available
to any citizen of the City who shall apply therefor.
Section 31-9.Penalty for violations.
Anyperson who shall violate any provision of this Article shall
be deemed guilty of a misdemeanor and,upon conviction,shall be pun
ished by a fine of not more than Two Hundred Dollars ($200.00).Each
day of the continuance of such violation shall be considered a separate
offense;and any such violation shall,on conviction,be so punished
therefor.
Section 2:All ordinances or parts ofordinances 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.
Section 3: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.
-4-
/0\
Section 4: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 5: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 13th day of September ,1973.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
NEK.RIQHARDSON,City Attorney
-5-