Ordinance No. 1,9146290
2.,
ORDINANCE NO.1914
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN,TEXAS,BY THE AMENDMENT OF CHAPTER
31,"UTILITIES",BY AMENDING SECTIONS 31-1,APPLICA
TION OF ARTICLE,BY AMENDING SUB-SECTION b,NET MONTHLY
BILL,OF SECTION 31-2,SCHEDULE RS-1,RESIDENTIAL
SERVICE,BY AMENDING SUB-SECTION b,NET MONTHLY BILL,
OF SECTION 31-3,SCHEDULE MGS-1,MISCELLANEOUS GENERAL
SERVICE,AND BY AMENDING SECTION 31-6,FUEL COST AND
TAXADJUSTMENT,ESTABLISHING NEWSCHEDULES OF RATES
FOR RESIDENTIAL SERVICE AND MISCELLANEOUS GENERAL
SERVICE AND AMENDING PROVISIONS RELATING TOADJUST
MENTS INCREASED FUEL COST AND INCREASED TAXES;PRE
SCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00)
DOLLARS;REPEALING ORDINANCES INCONSISTENT HEREWITH:
CONTAINING A SAVINGS CLAUSE:PROVIDNG AN EFFECTIVE
DATE FOR THE RATES HEREIN ESTABLISHED;AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THECITY 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 certain
sections of Chapter 31,"Utilities,"Article I,"Electric
Service,"by repealing the provisions of such sections as
they are presently constituted and substituting in their
places new sections as follows:
Section 31-1.Application of article.
The following maximum 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 until the rates to be
charged by Houston Lighting and Power Company in
the City of Houston are finally determined either
by adjudication or compromise and settlement,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
class hereinafter set forth.
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Immediately upon the determination of the rates
tobe charged for electric service in the City of
Houston,those rates shall be placed into effect
within the corporate limits of the City of Baytown.
Any rates collected in excess of the rates eventually
determined in the City of Houston,asset forth
above,shall be immediately refunded to the consumer
together with interest thereon at a rate of 6%per
annum.
Section 31-2.Schedule RS-1—Residential service.
(b)Net monthly bill.The net monthly bill
shall be:
(1)
(2)
Section 31-3.
service.
Forthe billing months of May through
October:
$2.10,which includes the use of 20 kwh;
4.00£per kwh for the next 90 kwh;
3.00£perkwh for the next 190 kwh;
2.45£perkwh forall additional kwh.
Forthe billing months of November
through April:
$2.10 which includes the use of20 kwh;
4.00£per kwhforthe next 90 kwh;
3.00£per kwhforthe next 190 kwh;
2.45£per kwh for the next 300 kwh;
1.85<?per kwh for all additional kwh.
Schedule MGS-1—Miscellaneous general
(b)Net monthly bill,
shall be:
The net monthly bill
$2.30 including the use of 20 kwh;
5.20£perkwh for the next80 kwh;
3.50£perkwh for the next 700kwh
(subject to adjustment stated below);
3.15£per kwh for the next 2300 kwh;
1.43<ji per kwh forall additional kwh.
Adjustment.The above rate is applicable
to loads of 10 kva or less and when in excess
thereof the kwh to be charged for at the
above stated 3.50£step of the rate will be
increased by 100 kwhper kva over 10 kva.
Minimum.If upon expiration of any 24 con
secutive 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 10 kva of the maximum kva sup
plied during such period the utility may
remove its facilities unless the customer
agrees to pay a minimum billing equivalent to
$12.00 perkva for each kva in excess of 10 kva
of the maximum kva required to satisfy customer's
service requirements forthe next 24 consecu
tive monthly billings or any fraction thereof.
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Section 31-6.Fuel cost and tax adjustment.
rate ofToil^mfi?1 min"Suan amount calculated at the
Second:Plus or minus the proportionate
by anTnl^ar 0^
or governmental imposition,properly chargeable asanoperatingexpenseandbasedupondollarorLh
^sio ffl ^^S^i,of not to exceed 4%of gross receiSta
laws
No adjustments hereunder shall,however at any
or corporation there supplying electee Sl?vice
Section 2:Repealing Clause:All ordinances or parts
of ordinances inconsistent with the terms of this ordinance
are hereby repealed;provided,however,that suchrepeal
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:Savings Clause:If any provision,section,
exception,subsection,paragraph,sentence,clause or phrase
of this ordinance or the application of same to any person
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or set of circumstances,shall for any reason be held un
constitutional,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 4:Penalty Clause:Any person who shall
violated any provision of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction shall be punished
by a fine of not lessthan Ten ($10.00)Dollars,nor more
than Two Hundred ($200.00)Dollars.Each day of the continuance
of such violation shall be considered a separate offense and
each and every day shall constitute a separate violation.
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 eachsuch customer's first regular meter reading following
the effective date of this ordinance.
Section 6:This ordinance shall take effect fromand 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 25th
day of November ,1975.
TOM GENTRY,Mayors/
ATTEST:
EILEEN P.HALL,City Clerk
APPROVED:
RICHARDSON,City TOrorney
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