Ordinance No. 1,9966604 *
ORDINANCE NO.1996
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF 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,FIRMSAND
CORPORATIONS FURNISHING ELECTRIC SERVICE WITHIN THE
CITY OF BAYTOWN;ESTABLISHING A SCHEDULE OF RATESTO BE
KNOWN AS SCHEDULE RS-1 FOR RESIDENTIAL SERVICE;ESTAB
LISHING 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;PROVIDING THAT SCHEDULES RS-1 AND MGS-1 SHALL BE
SUBJECT TO CERTAIN ADJUSTMENTS FOR INCREASED COSTS;
PROVIDING WHEN BILLS SHALL BEDUE AND MAKING PROVISIONS
CONCERNING PAYMENT;PROVIDING THAT PERSONS,FIRMSAND
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 ($200.00)DOLLARS;
REPEALING ORDINANCES INCONSISTENT HEREWITH;CONTAINING
A SAVINGS CLAUSE;PROVIDING AN EFFECTIVE DATE FOR THE
RATES HEREIN ESTABLISHED;AND PROVIDING FOR THE PUB
LICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THECITY 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 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 andsupplying
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 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 appli
cable 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 GeneralService Schedule.
(3)Where a portion of such electric service
is used for non-residential purposes
GeneralService 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.
(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:
$2.10,which includes the use of 20 kwh;
3.90 per kwh for the next 90 kwh;
2.9^per kwh for the next 190 kwh;
2.40 perkwh for all additional kwh.
Minimum:$2.10
(2)For the billing months of November through
April:
$2.10,which includes the use of 20 kwh;
3.90 per kwh for the next 90 kwh;
2.90 per kwh for the next 190 kwh;
2.40 per kwh for the next 300 kwh;
1.80 per kwh for all additional kwh.
Minimum:$2.10
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Section 13-3.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 of50 kva,temporary,
breakdown,stand-by,supplementary or
resale service,except upon special
contract.
(b)Net Monthly Bill -The net monthly bill shall
be:
Rate:$2.30,including the use of 20 kwh;
5.30£per kwh for the next 80 kwh;
3.57£per kwh for the next 700kwh
(subject to adjustment stated below);
3.20<?per kwh for the next 2,300 kwh;
perkwh for all additional kwh.
Adjustment:The aboverate is applicable to
loads of 10 kva or less and when in excess
thereof the kwh to be charged for at the
above stated 3.57£step of the ratewill be
increased by 100 kwhper kvaover 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
eachkva in excess of 10 kva of the maximum
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 eachkva in excess of 10
kva of the maximum kva required to satisfy
customer's service requirements forthe next
24 consecutive monthly billings or any frac
tionthereof.
Section 31-4.TheKVA (kolovalt amperes)applicable to
Schedule MGS-1 shall be as follows:
(a)For the billing months of May throughOctober
the kva shall be the average kva supplied
during the 15 minute period of maximum use
during the month then being billed,as deter
mined 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.
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(b)For the billing months of November through
April the metered kvawill 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 kvaused for
billing.
(2)If the August kva is less than the
metered kva then the August kva will be
thekva 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 theAugust billing
month;
(b)newcustomers taking service prior
to the August billing monthwhose
total electrical equipment is not
installed and in operation prior to
the August billing month;
(c)existing customers adding and/or
operating new facilities during the
period subsequent to theAugust
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.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.Theuse of cycle billing is
authorized,provided bills for electric service will
normally be based on a monthly period of approximately
30 daysand 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 costand Cost of Service Adjustment.
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(a)Schedules RS-1 and MGS-1 hereinabove estab
lished shall be subject to the following
adjustments:
First,plus or minus an amount per kwh for
changes in fuel cost as specified in para
graph (b)below and second,plus or minus an
amount for changes in cost of service as
specified in paragraph (c)below.
(b)The Fuel Adjustment Factor for the current
month for all rate schedules shall be calculated
according to the following formula:
Fuel Adjustment Factor (FAF)=
fr -CF\.7386^/rounded to/nearest
Definitions
F =Fuel Cost estimated to be incurred
for the current month and shall be
composed of those costs as recorded
in F.P.C.Accounts 501,547 and 555
less the cost of fossil fuel recovered
through intersystem sales.
S =All kilowatt-hours estimated tobe
sold and recorded in the current
month excluding intersystem sales.
T =Estimated composite tax rate for
gross receipts and other revenue
related taxes and gross receipts
payments expressed as a decimal.
CF =A Corrector Factor adjustment to be
applied in the current month to
provide for an allowance due to
variance between actual and esti
mated fuel adjustment revenues
derived from the Fuel Adjustment
Factor for thethird preceding month
prior to the current month.The
calculation of the Correction Factor
is as follows:
CF C(a)(b£J X (1 T)where (a)is
the actual fuel adjustment revenues
received from the Fuel Adjustment
Factor applied in the third preceding
month and (b)is the fuel adjustment
revenues whichwould have been
received from application of the
Fuel Adjustment Factor in the third
preceding month if actual rather
than estimated fuel costand kilowatt-
hour sales (described above)had
been available to calculate the Fuel
Adjustment Factor for that month.
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LF =Lossfactors to recognize differences
in losses due to voltage levels of
service.Such loss factors are as
follows:
Secondary Voltage Rate Schedules 1.03
Transmission Voltage Rate Schedules 0.96
Penalty Clause
If at theend of December 31,1976,and
on an annual basis thereafter,the net sum of
the Correction Factors for the previous 12
months exceeds 5%of the sum of (b)above for
the same period,then a penalty equal in
amount to 10%of such excess will be computed
andthis amount will be used to reduce the
Fuel Adjustment Factor in the next succeeding
March.This reduction will not otherwise
affect such computation of the FuelAdjust
ment Factor for subsequent periods.
(c)The cost of service adjustment for the current
month forall rate schedules shall be calcu
lated according to the following formula:
(C -BC)-CCF (R -BRfl
^-J^—-+CA =Dollar COS Adj.
DollaLPgS AdJ-=COS Adj./KWH (rounded tortn1 „EKWH nearest .0001"?
Definitions
BC =Base cost equal to the sum of year-end
level expenses for the 12 months ended
April 30,1975,for (1)labor excluding
executive salaries,(2)depreciation
and (3)revenue requirements of securi
ties with stated fixedcosts =$175,702,427.
C =Sum of actual expense (1)labor
excluding executive salaries,(2)
depreciation and (3)revenue require
ments of securities with stated
fixed costs for 12 months ending with
second preceding month.
BR =April 30,1975,year-end level electric
operating revenues less fuel revenue
which would have been derived from associated
fuel costs =$434,938,776.
R =Sum of electric operating revenues exclusive
of cost of service revenues less fuel
revenue whichwould be derived from associated
fuel costs adjusted to reflect the effect of
newrates and new fuel adjustment clause
for 12 months ending with second preceding
month.
CF =BC =$175,702,427 =.40397
BR $434,938,776
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T=Composite tax rate for gross receipts and
other revenue related taxes and gross
receipts payments expressed as a decimal
for 12 monthsending with second preceding
month.
CA =Correctionadjustment which is derived by
subtracting the actual dollar cost of
service adjustment revenue from thecal
culated dollar cost of service adjustment
for the second preceding month.
EKWH =All kilowatt-hours estimated to be sold
and recorded in the current month excluding
intersystem sales.
(d)Within fifteeen days after the expiration of
each month hereafter,such person,firm or corporation
shall file with the City Secretary a statement of (a)
its estimated cost of fuel for the succeeding month,
showing the calculation of the weighted average cost of
fuel,adjusted forthe variation between the estimated
cost andthe actual cost of fuel in prior months,and
the tentative adjustment under the preceding paragraph
(b),showing the calculation of said adjustment;and
(b)its cost of service adjustment for the succeeding
month showing thesum of the 12 months costs and opera
ting revenues exclusive of cost of service revenues
less fuel revenue which would have been derived from
associated fuel costs adjusted for the variation between
the estimated cost and the actual cost of fuel in the
second precedingmonth andthe tentative adjustment
under the preceding paragraph (c),showing the calculation
of said adjustment on forms specified by the City
Council.Each such tentative fuel cost adjustment and
cost of service adjustment shall become effective for
bills rendered on and after the first day of the next
billing month unless,within fifteen days after the
filing of such statement,the City Council shall have
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disapproved such tentative adjustment by motion or
resolution.In the event that any such tentative
adjustment or change in the fuel cost or the cost of
service shall be disapproved by the City Council,such
schedule shall continue to be adjusted by the last
previous adjustment for prior changes in fuel costs
and/or cost of service not so disapproved,until
another adjustment shall have taken effect hereunder.
Withinthe fifteen day period provided for its approval
or disapproval of any such tentative adjustment,the
City Council shallhave the right and power to order
the filing of any additional or supplemental informa
tionor statements,deemed necessary in the public
interest,or to order a public hearing with regard to
the approval or disapproval of such tentative adjust
ment .
(e)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 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 ten (10%)per cent of
the first Fifty and No/100 ($50.00)Dollars of such net
bill.
Section 31-8.Files to be maintained in City.
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Every person,firm or corporation furnishing electric
service within the City shall maintain on file at its prin
cipal office in thisCity 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 31-9.Penalty for violations.
Any person who shall violate any provision of this
Article shall be deemed guilty of a misdemeanor and,upon
conviction,shall be punished by a fine of not more than Two
Hundred ($200.00)Dollars.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 of ordinances
inconsistent with the terms of this ordinance are hereby
repealed;provided,however,that such repeal shall be only
tothe 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 setof
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.
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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 day 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 tobe 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 May ,1976.
TOM GENTRY,MayorV'
ATTEST:
EIlTe'SnpThALL,"City Clerk
APPROVED:
NEEL RIQW/ffiDSON,City Attorney
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