HomeMy WebLinkAboutO-1975-1026
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ORDINANCE NO.
1026
AN ORDINANCE OF THE CITY OF LA PORTE, SUSPENDING THE APPLICATION
OF CITY OF LA PORTE ORDINANCE 966, WHICH ADOPTED AND APPROVED
CERTAIN RATE SCHEDULES FOR SERVICE BY HOUSTON LIGHTING & POWER
COMPANY; AND ADOPTING AND APPROVING THE RATE SCHEDULES TO BE
KNOWN AS SCHEDULE RS-l AND SCHEDULE MGS-l SET FORTH IN EXHIBIT
"A" AND EXHIBIT "B" AS ATTACHED HERETO, MADE A PART HEREOF BY
REFERENCE; AND PROVIDING FOR AN EFFECTIVE bATE FOR SUCH RATES;
MAKING FINDINGS OF FACT; AND PROVIDING FOR THE TERMINATION OF
THE RATES PROVIDED FOR IN THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
WHEREAS, the City Commission of the City of La Porte
approved and adopted certain maximum charges to residential and
small commercial users for electricity and electric service
provided by Houston Lighting & Power Company, by Ordinance No.
966, passed and approved on the 5th day of September, 1973; and
WHEREAS, on October 16, 1975, 'Houston Lighting & Power
Company instituted a general increase in its residential and
small commercial electric rates, pursuant to a Temporary
Injunction issued on said date by the Honorable John C. Patterson,
sitting by designation in the l65th District Court of Harris
County, Texas, in a suit styled Houston Lighting & Power Company
vs. the City of Houston; and
WHEREAS, it has been the policy of Houston Lighting & Power
Company for a number of years to furnish service to customers
located in other municipalities at the same rates as those pre-
vailing in the City of Houston; and
WHEREAS, the litigation concerning the Houston rates con-
tinues and it will no doubt be some time before there is a final
determination of exactly what the Houston rates will be and,
during the interim, Houston Lighting & Power Company has pro-
posed that the City of La Porte place into effect, a general
increase in its residential and small commercial electric rates,
to coincide with that which has been instituted in the City of
Houston:
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Ordinance No. 1026 ,Page 2.
Section 1. The City Commission of the City of La Porte
hereby suspends the application of City of La Porte Ordinance
No. 966, passed and approved the 5th day of September, 1973,
for the duration of the Temporary Injunction issued on October
16, 1975, in the above referenced litigation, and the City
Commission of the City of La Porte hereby adopts and approves
as maximum charges to residential and small commercial users
for electricity and electric service the rate schedules of
Houston Lighting & Power Company, a public utility doing
business under franchise in the City of La Porte, Texas, which
schedules shall be known as Schedule RS-1 and Schedule MGS-1,
said schedules being attached hereto and marked Exhibit "A"
and Exhibit "B" and made a part hereof by reference as if fully
copied herein.
Section 2. The rates and charges prescribed in this ordi-
nance shall apply to all the 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, subse-
quent to each full billing cycle following the adoption of this
ordinance.
Section 3. In the event refunds are ultimately made to
residential and small commercial customers within the City of
Houston, comparable refunds shall be made by Houston Lighting &
Power Company to these classes of customers within the City
of La Porte, on the same basis as any refunds made in the City
of Houston, together with interest thereon at the rate of
six per cent (6%) per annum. Furthermore, any new rates finally
made effective in the City of Houston by Houston Lighting &
Power Company shall be made available within the City of
La Porte, which shall then have the opportunity of confirming
the same by rate ordinance.
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Ordinance No. 1026 ,Page 3.
PASSED AND APPROVED, this the 3rd day of November, 1975.
ATTEST:
c<G1J'~";.) ~
APPROVED: ~
~ -oJ.
City Attorney
. CITY OF LA PORTE
By (-l9.q~~~
I P J'. Kibodeaux
Mayor Pro-Tem
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HOUSTON LIGHTING & POWER COMPANY
Rate Schedule RS-l
RESIDENTIAL SERVICE
AREA I
AVAILABILITY - At all points where facilities of adequate capacity ami the required phase and
suitable voltage are adjacent to the premises to be served. Where the service desired by the cus-
tomer is not adjacent to the premises to be served, additional contract arrangements may be
required prior to service being furnished.
APPLICATION - 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.
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. Where more than two family units or apartments are served through one Meter.
billing will be under the applicable General Service Schedule.
Where a portion of such Electric Service is used for non-residential purposes the appropriate
General Service Schedule is applicable to all the Electric Service supplied. However, if the Custo-
mer's wiring is so arranged that the Electric Service for residential purposes and for non-
residential purposes can be metered separately, this Schedule is applicable to the portion used for
residential purposes.
Not applicable to temporary, breakdown, standby, supplementary or resale service.
TYPE OF SERVICE - Single phase, 60 cycles, 120/240 volts alternating current.
NET MONTHLY BILL
Rate - Billing Months of November thru April
$2.10 which includes the use of 20 kwh
4.00~ per kwh for the next 90 kwh
3.00~ per kwh for the next 190 kwh
2.45~ per kwh for the next 300 kwh
1.85~ per kwh for all additional kwh.
Minimum - $2.10
Fuel and Tax First: Plus or minus an amount calculated at the rate of 0.0114 mill per kwh for
Adjustments - each O. I ~ change in the estimated average cost of fuel to the Company for the cur-
rent month above or below 61.6 cents per 1,000,000 Btu. Such estimated average
cost of fuel will be adjusted for over or under recovery of fuel cost which occurred
in the third ,month preceding the current billing month.
Billing Months of May thru October
$2.10 which includes the use of 20 kwh:
4.00~ per kwh for the next 90 kwh:
3.00~ per kwh for the next 190 kwh:
2.45~ per kwh for all additional kwh.
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Second: Plus or minus the proportionate part of the increase or decrease in
operating expense 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, city or special district: (b) income taxes: and (c) gross receipts payments
to municipalities. regardless of how designated. of not to exceed 4~, of gross
receipts within municipal limits]. levied or assessed against the company. 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 I. 1962.
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PA YMENT - Net bills are due when rendered and are payable within 10 days thereafter. Bills not
so paid shall be the net bill as rendered plus 10% of the first S50.00.
CONTRACT PERIOD - Open order, and subject to the Company's Terms and Conditions for the
Sale of Electric Service.
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HOUSTON LIGHTING &' POWER COMPANY Rate Schedule MGS-l
(Loads of SO Kva or less)
MISCELLANEOUS GENERAL SERVICE
AREA I
A V A1LABILlTY - At all points for loads of 50 Kva or less where facilities of adequate capacity
and the required phase and suitable voltage are adjacent to the premises to be served. For lo~ds
in excess of 50 Kva Rate Schedule MGS-l L shall apply. For loads where the service desired by the
customer is not adjacent to the premises to be served additional contract arrangements may be
required prior to service being furnished. Not available for temporary, breakdown, standby,
supplementary or resale service.
APPLlCA nON _ To any customer for all Electric Service supplied at one premises through one
Point of Delivery and measured through one Meter.
TYPE OF SERVICE - Single or three phase, 60 cycles and at anyone of the Company's
standard service voltages as described in the Company's Service Standards.
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NET MONTHLY BILL -
Rate - $2.30 including the use of 20 kwh;
5.20~ per kwh for the next 80 kwh;
3.50~ per kwh for the next 700 kwh (subject to adjustment stated below);
3.15~ per kwh for the next 2300 kwh;
I.43~ per kwh for all additional kwh.
Adjustment The above rate is applicable to loads oflOkva or less and when in excess thereof
Plus _ the kwh to be charged for at the above stated 3.50~ step of the rate will be
increased by 100 kwh per kva overlO 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 oflOkva of
the maximum kva supplied during such period Company may remove its
facilities unless the customer agrees to pay a minimum billing equivalent to
$12.00 per kva for each kva in excess oflOkva of the maximum kva required to
satisfy customer's service requirements for the next 24 consecutive monthly
billings or any fraction thereof.
Fuel and Tax First: Plus or minus an amount calculated at the rate of 0.0114 mill per kwh
Adjustmellts _ for each 0.1 ~ change in the estimated average cost of fuel to the Company for
the current month above or below 61.6 cents per 1.000.1900 Btu. Such estimat-
ed average cost of fuel will be adjusted for over or under recovery of fuel cost
which occurred in the third month preceding the current billing month.
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Second: plus or minus the proportionate part of the increase or decrease in
operating expense 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, city or special district; (b) income taxes; and (c) gross receipts
payments to municipalities, regardless of how designated, of not to exceed 4%
of gross receipts within municipal limits] , levied or assessed against the com-
pany, 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 I, 1962.
(Over)
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DETERMINA nON OF KV A - The KV A (kilovolt amperes) applicable to the Net Monthly Bill
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
Company's standard voltage supplied.
(B) For fhe 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 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 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.
PA YMENT - Net bills are due when rendered and are payable within 10 days thereafter. Bills not
so paid shall be the net bill as rendered plus 10% of the first $50.00.
NOTICE - Electric Service hereunder is subject to the Company's Terms and Conditions for the
sale of Electric Service.
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KNOX W. ASKINS, .,]. O.
A1IORNEY AT LAW
i22 S. BROADWAY
P. o. BOX 1218
LA PORTE. TEXAS 77571
713 471"1888
October 22, 1975
. Wyatt
Division Ma er
Houston Lightin
P. O. Box 597
Seabrook, Texas
Company
Dear Mr. Wyatt:
Pursuant to our conference on October 22, 1975, I enclose here-
with draft of a proposed new rate ordinance for consideration
by the La Porte City Commission at its Workshop Meeting on
Wednesday, October 29, 1975, and possible adoption at its regular
meeting of Monday, November 3, 1975.
It has been my intention in drafting this ordinance to place the
City of La Porte in the same posture, in its relations with the
Light Company, as the City of Houston, without the necessity of
making the City of La Porte a party to the injunction proceed-
ing. It is my understanding that the rates as shown by rate
schedules RS-l and MGS-l, filed with the City of La Porte by
your firm on October 21, 1975, are exactly the same as those
which will be placed int0 effect in the City of Houston, as a
result of the granting of the Temporary 'Injunction. The Light
Company, for its part, corrunits to the City of La Porte, to make
to La Porte customers, any refunds which may be made in Houston,
together with interest at the rate of 6% per annum, and to
irrunediately offer to the City of La Porte, any lower rates which
are made effective in Houston.
I would appreciate corrunents from you and your attorneys, on this
proposed draft ordinance.
KWA: jm
cc: Hon. Mayor Pro-Tem and City Corrunissioners ~
City of La Porte
P. O. Box 1115
La Porte, Texas 77571