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Ordinance No. 2,1267140 ORDINANCE NO. 2126 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, BY AMENDING SECTION 31 -6, FUEL COST AND COST OF SERVICE ADJUSTMENT, BY REPEALING SUBSECTIONS (b) AND (c) AND BY ADOPTING NEW SUBSECTIONS (b) AND (c), AMENDING PRO- VISIONS RELATING TO ADJUSTMENTS IN FUEL COST AND COST OF SERVICE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; 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, by the amend- ment of Section 31 -6, Fuel Cost and Cost of Service Adjust- ment, by repealing subsections (b) and (c) of such section as presently constituted and substituting in their places new subsections (b) and (c), marked Exhibit "A" and Exhibit "B," respectfully, and made a part hereof for all intents and purposes. Section 2: Repealing Clause: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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. 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 or set of circumstances, shall for any reason be held un- constitutional, void or invalid, such invalidity shall not 7141 affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to the end all provisions of this ordi- nance are declared to be severable. Section 4: Penalty Clause: 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 less than Ten ($10.00) Dollars, nor more than Two Hundred ($200.00) Dollars. Each day of the con- tinuance of such violation shall be considered a separate offense and each and every day shall constitute a separate violation. Section 5: Effective Date: 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 23rd day of November , 1976. TOM GENTRY, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: NEEL RIfCHARDSONT City Attorney -2- 0 E X H I B I T "A" 7142 7143 FUEL COST ADJUSTMENT Electric Service billed under all applicable rate schedules shall be subject to a Fuel Cost Adjustment for changes in fuel cost. Monthly billing shall be adjusted upward or downward by an amount per kwh to be calculated according to the following formula: J(F — CF) Fuel Adjustment Factor (FAF) = l S — .7386C X LF rounded to nearest 1 — T ( .0001 DEFINITIONS F = Fuel Costs estimated to be incurred by the Company 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 interchange trans- actions. S = All kilowatthours estimated to be sold and recorded in the current month by the Company, excluding interchange transactions. T = Estimated composite tax rate for gross receipts and other revenue related taxes and gross receipts payments for the Company expressed as decimal. CF = A Correction Factor adjustment to be applied in the current month to pro- vide for an allowance due to variance between actual and estimated fuel adjustment revenues derived from the Fuel Adjustment Factor for the third preceding month prior to the current month. The calculation of the Correct- ion Factor is as follows —CF = [(A) —(B)] 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 which would have been received from application of the Fuel Adjustment Factor in the third preceding month if actual rather than estimated fuel cost and kilowattliour sales (described above) had been available to calculate the Fuel Adjustment Factor for that month. LF = Loss factors 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 the end 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 and this 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 Fuel Adjustment Factor for sub- sequent periods. 7144 E X H I B I T "B" 7155 COST OF SERVICE ADJUSTMENT Electric Service billed under all applicable rate schedules shall be subject to a Cost of Service Adjustment for changes in costs as defined below. Monthly billing for the current month shall be adjusted upward or downward by an amount per kwh to be calculated according to the following formula: (C — BC) — [CF(R — BR) l 12 + CA = Dollar COS Adj. 1 —T Dollar COS Adj. COS Adj. /KWH (rounded to nearest .00010 EKWH DEFINITIONS BC = Base cost equal to the sum of the year -end level expenses for the twelve months ended April 30, 1975, as follows: (a) Salaries and wages $ 42,811,733 (b) FICA Taxes 2,403,059 (c) Depreciation 50,551,764 (d) Interest 67,666,026 (e) Preferred dividends 11,210,746 Total base cost $174,643,328 C = Sum of actual expense as described (for BC above) 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 which would be derived from associated fuel costs ad- justed to reflect the effect of new rates and new fuel adjustment clause for 12 months ending with second preceding month. CF = BC = $174,643,328 = ,40154 BR $434,938,776 T = Composite tax rate for gross receipts and other revenue related taxes and gross receipts payments for the Company expressed as a decimal for 12 months ending with second preceding month. CA = Correction adjustment which is derived by subtracting the actual dollar cost of service adjustment revenue from the calculated 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 interchange transactions.