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1994-162j: \wpdocs\ord\95elrate. ord NOTE: This ordinance has been amended by ordinance 95-141. ORDINANCE NO. AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCES 94-098 AND 93-160; AMENDING THE METHODOLOGY FOR REVISING THE ENERGY COST ADJUSTMENT (ECA) RATE; ADDING A POWER COST ADJUST- MENT (PCA) RATE SCHEDULE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Schedule of Rates for electrical services as provided for in Chapter 26 of the Code of Ordinances, is amended to read as follows: i~TICLE I. ELECTRIC RATE SCHEDULES PAGE R1 Residential Service Rate 2 R2 Residential Service Rate 4 TR Residential Time of Use Rate 6 GSL General Service Large 8 GSS General Service Small 11 TGS General Service Time of Use Rate 14 EWK Experimental Weekend 18 G1 Local Government Lighting & Power Service Rate 21 (city, County, Independent School District) LS Street Lighting 24 LT Traffic Lighting 26 LO Other Lighting 27 DD Dusk-to-Dawn Lighting (Security Light) 29 DL Decorative Lighting 31 Ti Temporary Service Schedule 33 P1 Interruptible Primary Service 35 ES Standby, Supplementary & Maintenance Service 38 AF Athletic Field 43 IDR Industrial Development Rate 46 TS Thermal Storage Rate 47 APR Appliance Rebate 48 ACR Air Conditioner Cycling Rebate 53 MTR Premium-Efficiency Motor Rebate 54 UPS Uninterruptible Power Supply 56 ECA Energy Cost Adjustment 58 PCA Power Cost Adjustment 59 Special Facilities Rider 61 SCHEDULE R1 RESIDENTIAL SERVICE (Effective 10/01/94) APPLICATION Applicable to all electric service used for residential pur- poses in a single family dwelling or an individually metered apart- ment; supplied at one point of delivery and measured through one meter where usage is not in excess of 700 KWH per 30-day month during the billing months MAY through OCTOBER. If usage in any such month exceeds 700 KWH, billing will be rendered that month under Rate Schedule R-2 and thereafter for a period extending through the 12 billing months of the next year ending with the October billing. Annually, in November, the customer may again qualify for the R-1 rate provided that consumption has not exceeded 700 KWH per 30-day month during the previous six summer months. Where individual dwelling units are being served through the same meter and the KWH in the billing months of MAY through OCTOBER exceed 700 KWH times the number of dwelling units, the billing for that month and thereafter will be rendered under Rate Schedule R-2. NET MONTHLY RATE (1) Customer Facility Charge $6.70/30 days (2) Energy Charge 3.85C/KWH (3) Energy Cost Adjustment Schedule ECA (4) Power Cost Adjustment Schedule PCA MINIM__~BILLING Facility Charge TYP__E OF SERVICE The city will supply single-phase service at any standard volt- ages available from the city's distribution system through one standard transformation. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 2 SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula. Formula: Actual days in readinq period x customer facility charge 30 days ~NERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KWH of energy taken for fixed purchased power cost calculated in accordance with Schedule PCA. PAGE 3 SCHEDULE R2 RESIDENTIAL SERVICE (Effective 10/01/94) APPLICATION Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an indi- vidually metered apartment, supplied at one point of delivery and measured through one meter. Also applicable to any customer heat- ing with electric energy, resistance or heat pump. Not applicable to resale service in any event, nor to tempo- rary, standby, or supplementary service except in conjunction with applicable rider. NETMONTHLY RATE WINTER SUMMER Billing months of Billing months of NOV through APRIL MAY through OCT (1) Customer Facility Charge Single Phase $ 7.73/30 days $ 7.73/30 days Three Phase $15.45/30 days $15.45/30 days (2) Energy Charge First 1,000 KWH 4.34C/KWH Additional KWH 3.94C/KWH First 3,000 KWH 5.61C/KWH Additional KWH 6.21C/KWH (3) Energy Cost Adjustment Schedule ECA Schedule ECA (4) Power Cost Adjustment Schedule PCA Schedule PCA MINIMUM BILLING Single Phase Facility Charge Three Phase Facility Charge PAGE 4 TYPE OF SERVICE The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the city's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the city and the customer may be required in advance. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x customer facility charge 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KWH of energy taken for fixed purchased power cost calculated in accordance with Schedule PCA. PAGE 5 SCHEDULE TR RESIDENTIAL TIME OF USE (Effective 10/01/94) APPLICATION Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an indi- vidually metered apartment, supplied at one point of delivery and measured through one meter, customers applying for the TR rate must remain on this rate for twelve (12) continuous billing per- iods. Not applicable to resale service in any event, nor to tempo- rary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge Single Phase $15.45/30 days Three Phase $20.60/30 days (2) Energy Charge On-Peak Hours 25.55¢ /KWH Off-Peak Hours 1.41¢ /KWH (3) Energy Cost Adjustment Schedule ECA (4) Power Cost Adjustment Schedule PCA MINIMUM BILLING The minimum monthly bill shall be the Customer Facility Charge. TYPE OF SERVICE Single-phase or three-phase at sixty (60) cycles at secondary distribution voltage. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the city and the customer may first be required. DEFINITION OF ON-PEAK HOURS The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday through Friday, starting on June 1 and continuing through September 30 each year. The City's on-peak hours may be changed PAGE 6 from time to time and the customer will be notified twelve (12) months before such changes become effective. DEFINITION OF OFF-PEAK HOURS The city's off-peak hours, for the purpose of this rate sched- ule, shall be all hours not designated as on-peak hours. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter periods using the following formula: Actual days in readin~ period x customer facility charge 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KWH of energy taken for fixed purchased power cost calculated in accordance with Schedule PCA. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 7 SCHEDULE GSL GENERAL SERVICE LARGE (Effective 10/01/94) APPLICATION The GSL Rate is applicable to any customer having a minimum actual demand of 250 KW for all electric service supplied at one point of delivery and measured through one meter. Customers with an average actual demand equal to or greater than 180 KW during the previous twelve month period may be allowed service under this rate, subject to the minimum billing provision. Customers who elect to discontinue service under this rate are ineligible for service under this rate for twelve months. Not applicable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge $60.60 per 30 days (2) Demand Charge $ 9.60 per KW demand/ 30 days (3) Energy Charge 1.41C/KWH for all KWH (4) Energy Cost Adjustment Schedule ECA (5) Power Cost Adjustment Schedule PCA MINIMUM BILLING An amount equal to the facility charge plus the greater of: 1) demand charge as calculated on 250 KW, or 2) seventy percent (70%) of the maximum monthly demand charge for any month during the pre- ceding months of May through October. TYPE_OF SERVIC__E Secondary or primary service available to commercial and indus- trial customers. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. PAGE 8 PRIMARY SERVICE DISCOUNT Customers who own, operate, and maintain all facilities neces- sary to!receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.3C/KWH. Primary service customers utilizing city owned and operated facility and transformation equipment necessary to receive primary voltage service shall receive a discount of 0.1C/KWH. The city shall own, operate and maintain all metering facilities, either at primary or secondary voltage. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND The demand shall be determined by the KW supplied during the 15-minute period of maximum use during the current month as deter- mined by City's demand meter, but shall not be less than 70% of the highest monthly demand determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current month. POWER FACTOR The City reserves the right to make tests to determine eligi- bility for the GSL rate, and to determine the power factor of the customer's installation served either by measurement during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readinq Deriod x customer facility charge 30 days PAGE 9 (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readinq period x KW demand x Rate 30 days ~NERGY CHARG_____~E Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KW of demand for fixed purchased power cost calculated in accordance with Schedule PCA. PAGE 10 SCHEDULE GSS GENERAL SERVICE SMALL (Effective 10/01/94) APPLICATION The GSS rate is applicable to any commercial or industrial customer having a maximum demand less than 250 KW for all electric service supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge Single Phase $15.15 per 30 days Three Phase $20.20 per 30 days (2) Demand Charge $ 7.58/KW (first 20 KW not billed) (3) Energy Charge First 2500 KWH 6.77C/KWH All KWH over 2500 3.38C/KWH (4) Energy Cost Adjustment Current ECA Schedule (5) Power Cost Adjustment Current PCA Schedule MINIMUM BILLING An amount equal to the facility charge plus the greater of: 1) the demand charge calculated on the actual KW demand, or 2) seventy percent (70%) of the maximum monthly demand charge for any month during the preceding months of May through October. TYPE OF SERVICE Secondary service available to commercial and industrial customers. The city will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the city's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point PAGE 11 of service, special contract arrangements between the city and the customer may first be required. PRIMARY SERVICE DISCOUNT Customers who own, operate, and maintain all facilities neces- sary to receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.3C/KWH. Primary service customers utilizing City owned and operated facility and transformation equipment necessary to receive primary voltage service shall receive a discount of 0.1C/KWH. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. ~AYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND The demand shall be determined by the KW supplied during the 15-minute period of maximum use during the current month as deter- mined by city's demand meter, but shall not be less than 70% of the highest monthly demand determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current month. In no case, shall billed demand be less than 0 KW. In cases where the connected load is constant, the city may, at its option, estimate the KW demand. For neon signs, one volt am- pere shall be considered the equivalent of 3/4 watt. POWER FACTOR The city reserves the right to make tests to determine the power factor of the customer's installation served either by measurement during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 12 PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually and prorated for longer or shorter periods using the following formula: Formula: Actual days in readin~ period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readinq period x adjusted KW demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KW of demand for fixed purchased power cost calculated in accordance with Schedule PCA. PAGE 13 SCHEDULE TGS GENERAL SERVICE TIME OF USE (Effective 10/01/94) APPLICAT~ Applicable to any customer having a minimum demand of 250 KW for all electric service supplied at one point of delivery and measured through one meter, with the city providing all facilities necessary to receive primary voltage service. Supplementary ser- vice will be available subject to the applicable rider. Not appli- cable to resale or temporary service. Customers electing this rate must remain on this rate for a minimum of twelve (12) continuous billing months. NET MONTHLY RAT~ (1) Customer Facility Charge $70.70/30 days (2) On-Peak Demand Charge $10.40/KW of On-Peak Demand (3) System Demand Charge $ 4.19/KW of System Demand (4) Energy Charge 0.51C/KWH (5) Energy Cost Adjustment: Per Schedule ECA (6) Power Cost Adjustment: Per Schedule PCA MINIMUM BILLING The minimum monthly bill shall be the sum of the customer Facility Charge, the System Demand Charge, and the On-Peak Demand Charge; the October through May on-peak demand charge may not be less than 100% of the maximum monthly on-peak demand charge for any month during the preceding months of June through September. TYPE OF SERVICE Secondary or primary service available to commercial and indus- trial customers. Primary voltage service is available to any cus- tomer with a minimum demand of 250 KW. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. The city will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the city's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point PAGE 14 of service, special contract arrangements between the city and the customer may be required. PRIMARY SERVICE DISCOUNT Customers who own, operate and maintain all facilities neces- sary to receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.3C/KWH. If primary service is provi- ded and the City owns and operates all facilities and transforma- tion equipment necessary to receive primary voltage service, a discount of 0.1C/KW will be applied to the customer's bill. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage, at the city's option. DETERMINATION OF ON-PEAK DEMAND The on-peak demand shall be determined by the KW demand sup- plied during the fifteen (15) minute period of maximum use each month during on-peak hours as recorded by the City's demand meter and adjusted for power factor, but not less than one hundred per- cent (100%) of the maximum on-peak demand similarly determined dur- ing the billing months of June through September in the twelve (12) months immediately preceding the current month. If the customer is new or does not have a history of use for June through September, the on-peak demand shall be determined by the customer's maximum on-peak demand from the previous billings. The on-peak demand will be billed every month. DETERMINATION OF SYSTEM DEMAND The system demand shall be determined by the maximum KW demand supplied during the fifteen (15) minute period of maximum use each month as recorded by the City's demand meter and adjusted for power factor. POWER FACTOR PENALTY The City reserves the right to make tests to determine the power factor of the customer's installation served either by measurement during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. PAGE 15 DEFINITION OF ON-PEAK HOURS The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday through Friday, for the months of June through September. The City's on-peak hours may be changed from time to time and the customer will be notified twelve (12) months before such changes become effective. DEFINITION OF OFF-PEAK HOURS The city's off-peak hours, for the purpose of this rate sched- ule, shall be all hours not designated as on-peak hours. SUPPLEMENTAL POWER RIDER Customers requesting standby or supplementary power shall be allowed service under this rate schedule; however, the determina- tion of system demand shall be adjusted to read: The system demand shall be the sum of the maximum KW demand supplied during the fifteen (15) minute period of maxi- mum use as recorded by the city's demand meter plus the KW nameplate rating(s) of the customer's generator(s). In the event the customer's generator(s) is/are off-line at the time of the establishment of the maximum system demand, the KW nameplate rating of the generator(s) unavailable for service shall be removed from the determination of the system demand. In no event shall the system demand be less than one hundred percent (100%) of the maximum system demand similarly deter- mined during the billing months of June through September in the twelve (12) months immediately preceding the current month. SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility Charge shall be based on 12 bill- ings annually and prorated for longer or shorter periods using the following formula: Actual days in readina period × customer facility charge 30 days (b) Billing for demand shall be calculated on a 30-day-per- month basis and pro rated for longer or shorter billing periods using the following formula: Actual days in readinq Deriod x KW Demand x Rate 30 days PAGE 16 ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KW of demand for fixed purchased power cost calculated in accordance with Schedule PCA. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 17 SCHEDULE EWK EXPERIMENTAL WEEKEND RATE (EFFECTIVE 10/01/94) APPLICATION Applicable to any commercial and industrial user whose maximum demand load occurs during the period from Thursday at 12 midnight through Sunday at 12 midnight and does not experience a demand load during the period from Sunday 12 midnight through Thursday 12 mid- night that exceeds 80% of the maximum demand load. Customers who violate the 80% requirement more than four times during the month, or more than twice on the same day of the week, during the months of June through September are ineligible for service under this rate for twelve (12) months. Not applicable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge $22.00/30 days--Single Phase $27.00/30 days--Three Phase (2) Demand Charge $ 6.06/KW (first 20 KW not billed) (3) Energy Charge First 2,500 KWH 6.77C/KWH All over 2,500 KWH 3.38C/KWH (4) Energy Cost Adjustment Per Schedule ECA (5) Power Cost Adjustment Per Schedule PCA MINIMUM BILLING An amount equal to the demand charge as calculated below plus $22.00/month for single phase service or $27.00/month for three phase service, per 30 day billing. TYPE OF SERVICE The city will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the city's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point PAGE 18 of service, special contract arrangements between the city and the customer may be required. PAYMENT Bills are due when rendered and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND The demand shall be determined by the KW supplied during the fifteen (15) minute period of maximum use during the current month as determined by the City's demand meter. Billing shall be based on an adjusted KW demand, which is the actual demand less 20 KW. The adjusted KW demand will subsequently be used for billing the demand portion of the utility bill. In no case, shall billed demand be less than 0 KW. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS Billing for customer facility charge and demand shall be calcu- lated on a 30-day basis and prorated for longer or shorter billing periods using the following formula: (a) Billing for the Customer Facility Charge shall be based on 12 billings annually. Formula: Actual days in readinq period x customer facility charge 30 days (b) Billing for the Demand Charge shall be based on 12 bill- ings annually. Formula: Actual days in readinq Deriod x adjusted KW demand x Rate 30 days PAGE 19 ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KW of demand for fixed purchased power cost calculated in accordance with Schedule PCA. PAGE 20 SCHEDULE G1 LOCAL GOVERNMENT (Effective 10/01/94) APPLICATION Applicable to any local city, County or School District for all electric service supplied at one point of delivery and measured through one meter. Not a licable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Charge Single Phase $15.15 per 30 days Three Phase $20.20 per 30 days (2) Demand Charge $ 6.31 per KW of demand (3) Energy Charge 3.03¢ per KWH for all KWH (4) Energy Cost Adjustment Current ECA Schedule (5) Power Cost Adjustment Current PCA Schedule MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than fifty percent (50%) of the maximum monthly demand charge for any month during the preceding months of May through October plus $15.15/month for single phase service or less than $20.20/month for three phase service, per 30 day billing period. TYPE OF SERVICE The city will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the city and the customer may be required. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 21 DETERMINATION OF DEMAND The demand shall be determined by the KW supplied during the 15-minute period of maximum use during the current month as deter- mined by City's demand meter. POWER FACTOR The city reserves the right to make tests to determine the power factor of the customer's installation served either by measurement during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readinq period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x KW demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block PAGE 22 ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KW of demand for fixed purchased power cost calculated in accordance with Schedule PCA. PAGE 23 SCHEDULE LS STREET LIGHTING (Effective 10/01/94) APPLICATION Applicable to all street lighting owned and maintained by the City of Denton. NET MONTHLY RATE (1) ~Charq9 See table Monthly Bulb (2) Energy Cost Adjustment Current ECA x Wattage Factor Facilit Char e Bulb Wattage Factor LS LSA 100W Sodium Vapor $ 4.90/30 Days 48 KWH LSB 250W Sodium Vapor $ 6.95/30 Days 105 KWH LSC 400W Sodium Vapor $ 8.75/30 Days 159 KWH LMA 175W Mercury Vapor $ 5.65/30 Days 70 KWH LMB 250W Mercury Vapor $ 6.70/30 Days 98 KWH LMC 400W Mercury Vapor $ 8.50/30 Days 153 KWH LMD 1000W Mercury Vapor $15.45/30 Days 380 KWH TYPE OF SERVICE The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the city's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the city and the customer may first be required. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 24 PRORATION OF UTILITY BILLS a) Billing for the Facility Charge shall be based on 12 bill- ings annually and prorated for longer or shorter periods using the following formula: Actual days in readinq period # lights customer facil- 30 days x per typ~ ity charge ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 25 SCHEDULE LT TRAFFIC LIGHTING (Effective 10/01/94) APPLICATION Applicable to State and Local Government agencies that operate and maintain their own traffic signals. NET MONTHLY RATE All KWH 5.30¢ per KWH TYPE OF SERVICE At the city's available secondary voltage and phase. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. MAINTENANCE CHARGE Maintenance expenses billed at cost. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH x Rate per KWH ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 26 SCHEDULE LO OTHER LIGHTING (Effective 10/01/93) LOA APPLICATIO_____~N Applicable to State and Local Government agencies that install and maintain their own street lights, other than the city of Denton. BULB WATTAGE NE__TMONTHLY RAT____~E FACTOR LS1 250W Sodium Vapor 5.30C/KWH 105 KWH LS2 400W Sodium Vapor 5.30C/KWH 159 KWH LM1 400W Mercury Vapor 5.30C/KWH 153 KWH LM2 1000W Mercury Vapor 5.30C/KWH 380 KWH LOB APPLICATION Applicable to other unmetered lighting services. NET ~ONTHLY__~TE Total Watts x Hours used per Month × 5.30C/KWH 1,000 TYPE OF SERVICE At the city's available secondary voltage and phase. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. MAINTENANCE CHARGE Maintenance expenses billed at cost. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 27 ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 28 SCHEDULE DD DUSK TO DAWN LIGHTING (Effective 10/01/94) APPLICATION Applicable to any customer within the area served by the city's electric distribution system for outdoor area lighting when such lighting facilities are operated as an extension of the city's distribution system. NET MONTHLY RATE (1) ~ Charg~ See table Monthly Bulb (2) Enerq¥ Cost Adjustment Current ECA × Wattage Factor ~CharcL9 Bulb Wattaqe Factor DSA 100W Sodium Vapor $ 7.75/30 Days 48 KWH DSB 250W Sodium Vapor $10.05/30 Days 105 KWH DSC 400W Sodium Vapor $12.35/30 Days 159 KWH DMA 175W Mercury Vapor $ 6.45/30 Days 70 KWH DMB 250W Mercury Vapor $ 7.50/30 Days 98 KWH DMC 400W Mercury Vapor $ 8.35/30 Days 153 KWH TYPE OF SERVICE The city shall furnish, install, maintain and deliver electric service to automatically controlled, mercury or sodium vapor light- ing fixtures conforming to the City's standards and subject to its published rules and regulations. Where necessary for proper illumination or where existing poles are inadequate, the city will install or cause to be installed, one (1) pole for each installed light, at a distance not to exceed eighty (80') feet from said existing lines, at no charge to the customer. Each additional pole span shall not exceed a span spac- ing of one hundred (100') feet. Additional poles required to in- stall a light in a customer's specifically desired location, and not having a light installed on same, shall bear the cost. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 29 TERM OF CONTRACT A two (2) year contract shall be agreed to and signed by each customer desiring Dusk-to-Dawn Lighting Service authorizing fixed monthly charges, which may be reviewed annually, and to be applied to the monthly municipal utilities bill. In the event that a cus- tomer desired the removal of the unit or discontinuance of the ser- vice prior to completion of two (2) years, the remainder of the contract period shall become due and payable. After the end of the initial two (2) year contract, service shall continue on a month- to-month basis and may be canceled by either party upon thirty (30) days notice. SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readinq period x customer facility charge 30 days ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 30 BCHEDULE DL DECORATIVE LIGHTING (Effective 10/01/94) ApPLICATIO___~N Applicable to any customer on the perimeter of the square ser- ved by the city's electric distribution system for outdoor area lighting when such lighting facilities are operated as an extension of the city's distribution system. NET MONTHLY RATE (1) Facility Charge $3.85/30 Days (2) Energy Cost Adjustment Current ECA x Monthly Bulb Wattage Factor, based on 415 KWH per Customer TYPE OF SERVICE The City shall furnish, install, maintain and deliver electric service to automatically controlled lighting fixtures conforming to the city's standards and subject to its published rules and regula- tions. The service is provided between dusk and midnight. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS. Billing for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readinq period x Facility Charge 30 days PAGE 31 ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 32 SCHEDULE T1 TEMPORARY SERVICE (Effective 10/01/94) APPLICATION Applicable when a customer requests electric service on a short term or temporary basis where a customer has received a permit from the City of Denton's Building Inspections Department. This rate is not applicable after the certificate of occupancy has been issued. NET MONTHLY RATE (1) Facility Charge Single Phase $15.15/30 days Three Phase $20.20/30 days (2) Energy Charge 6.77C/KWH (3) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLING Facility charge TYPE OF SERVICE At the city's available secondary supply. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. ADDITIONAL TEMPORARY SERVICE CHARGES Labor (Regular Time) $60.00 minimum up to 1 hour. $60.00 for each additional hour (to be mea- sured to the nearest one-quarter hour). Labor (Overtime) $75.00 minimum up to 1 hour. $75.00 for each additional hour (to be mea- sured to the nearest one-quarter hour). Premium time to be added where applica- ble. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the equipment. PAGE 33 Material Material that cannot be salvaged to be billed at Stores cost plus 25% and applicable sales tax. At the time a temporary service is re- moved or converted, any loss in the material installed due to negligence or willful action by the customer will be billed separately to customer at Stores cost plus 25% and sales tax. SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. See Section 25-23(e) for standard re- quirements. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter periods using the following formula: Formula: Actual days in reading period x customer facility charge 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 34 SCHEDULE P1 INTERRUPTIBLE PRIMARY SERVICE (Effective 10/01/94) APPLICATION Applicable to all customers taking primary service at a firm power load exceeding 1,000 KW during the months of June, July, August and September and is, by contract, provided service subject to load interruptions. The city retains the right to limit the number of customers on this rate if the City's load reduction goals are met. NET MONTHLY CHARGE (Estimated transmission firm) (1) Facility Charge $70.70/30 days (2) Energy Charge 0.20C/KWH (3) Demand Charge $ 4.20/KW (4) Energy Cost Adjustment Current ECA Schedule (5) Power Cost Adjustment Current PCA Schedule PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. ~LLING An amount equal to the demand charge as calculated below but not less than one hundred percent (100%) of the maximum monthly KW similarly determined during the previous billing months of MAY through OCTOBER in the 12 months ending with the current month, nor LESS than 1,000 KW. TYPE OF SERVICE Interruptible primary voltage service (transformation equipment owned by customer) is available to any customer with a 12-month minimum monthly demand of 1,000 KW or greater. Interruptible pri- mary service rendered at one point on the customer's premises at a nominal voltage of 13,200 volts or 69,000 volts three-phase at the option of the utility. The primary voltage service customer shall own, operate, and maintain all facilities necessary to receive three phase primary voltage service and all transformation facilities required for conversion to utilization voltage. The city shall own, operate and maintain all metering facilities, either at primary or secondary PAGE 35 voltage, at the Utility's option. Where the city elects to meter at secondary voltage, two percent shall be added to the demand charge, the energy charge and the energy cost adjustment charge to account for transformer losses. DETERMINATION OF DEMAND The demand shall be determined by the KW supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter, but not less than 100% of the maximum monthly KW similarly determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current month, nor less than 1,000 KW. POWER FACTOR REOUIREMENTS AND ADJUSTMENTS The city reserves the right to make tests to determine the power factor of the user's installation served hereunder during periods of maximum demand for the monthly billing periods. Should the power factor so determined be below ninety (90%) percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by ninety (90%) percent and dividing by the determined power factor. SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x KW Demand x Rate 30 days PAGE 36 ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KW of demand for fixed purchased power cost calculated in accordance with Schedule PCA. PAGE 37 SCHEDULE ES STANDBY, SUPPLEMENTARY AND MAINTENANCE SERVICE (Effective 10/01/94) APPLICATION Applicable in all areas served by the city to customers who: (1) own and/or operate an electric power generation facility mainly used for non-emergency uses and which has a total nameplate or effective capacity (whichever is lesser) of fifty (50) KW or more in parallel with the city's electric system for the purpose of generating power for the custom- er's own consumption, and (2) employ equipment which is compatible with the city's elec- tric system at the customer's delivery point and which will cause no damage to the city's electric system or equipment or present undue hazards to city personnel, and (3) own and/or operate an electrical generating facility which has been certified annually by a registered professional engineer practicing in the utility or Independent Power Production Industry to be a functioning and reliable generating facility. (4) operate an electrical power generating system at least 6,500 hours annually. (5) execute an agreement for interconnection and parallel operation with the city. INTERCONNECTION COST~ The customer shall reimburse the City for any equipment or facilities required as a result of the installation by the customer of generation in parallel with the city's electric system. The customer shall pay all costs of the city to extend its facilities or modify them at the time of interconnection, or at some future time in order to permit parallel operation of the customer's facility. TYPE OF SERVICE The city shall supply alternating current at sixty (60) cycles and at the voltage and phase of the City's electric system most available to the location of the customer. The primary voltage customer shall own, operate and maintain all facilities necessary to receive three phase primary voltage service and all transforma- tion facilities required for conversion to utilization voltage. The city shall own, operate and maintain all metering facilities, PAGE 38 either at primary or secondary voltage, at the city's option. Where the city elects to meter at secondary voltage, the secondary energy and on- peak demand charges shall apply. NET MONTHLY RATE Primary Secondary Service Service (1) Facility Charge $60.60/30 days $25.25/30 days (2) Demand Charges: On-Peak Demand $11.45/KW $11.45/KW System Demand $ 4.20/KW $ 4.20/KW (3) Energy Charges: Non-Emergency Energy 0.20C/KWH 0.51C/KWH Emergency Energy 5.25C/KWH 5.35C/KWH (5) Energy Cost Adjustment Per Sch ECA Per Sch ECA (6) Power Cost Adjustment Per Sch PCA Per Sch PCA MINIMUM BILLING The minimum monthly billing shall be the higher of the follow- ing: (1) The sum of the Customer Facility Charge, the On-Peak Demand Charge, and the System Demand Charge; or (2) A charge of $1.00 per KVA of installed transformer capaci- ty. DETERMINATION OF ON-PEAK DEMAND The on-peak demand shall be determined by the KW demand supplied by the city during the fifteen (15) minute period of maximum use during the on-peak hours as recorded by the City's demand meter and adjusted for power factor, but not less than one hundred percent (100%) of the maximum on-peak demand which occurred during the billing months of June through September in the twelve (12) months immediately preceding the current month. DETERMINATION OF ON-PEAK DEMAND COGENERATION UNITS NOT OPERATING AND CUSTOMER'S PEAK DID NOT CONTRIBuT~ TO CITY'S ANNUAL SYSTEM PEAK If a customer's cogeneration unit(s) is/are off during peak hours, and the customer's peak did not contribute to the city's annual system peak, and the cogeneration unit is one (1) MW or larger, then the nameplate rating of the customer's unit(s) shall be deducted from the peak demand. PAGE 39 The customer shall be charged the appropriate on-peak demand charges for the KW supplied by the City for the succeeding twelve (12) months. DETERMINATION OF SYSTEM DEMAND The system demand shall be determined by the sum of the KW demand supplied during the fifteen (15) minute period of maximum use as recorded by the city's demand meter, plus the KW nameplate rating(s) of the customers generator(s). In no event shall the system demand be less than seventy per- cent (70%) of the maximum on-peak demand similarly determined dur- ing the billing months of June through September in the twelve (12) months immediately preceding the current month. DETERMINATION OF NON-EMERGENCY ENERGY All energy supplied to customers whose generating units are less than one (1) MW capacity. DETERMINATION OF EMERGENCY ENERGY Emergency energy is all energy supplied by the city during peak hours of operation to displace energy normally supplied by custom- er's one (1) MW or larger unit. POWER FACTOR PENALT~ The city reserves the right to determine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly bill- ing period. If the power factor is below ninety percent (90%) dur- ing on-peak hours, the demand for billing purposes will be deter- mined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. The formula is as fol- lows: Unadjusted billing demand x .9 Determined power factor DEFINITION OF ON-PEAK HOURS The city's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday through Friday. DEFINITION OF OFF-PEAK HOURS The city's off-peak hours, for the purpose of this rate sched- ule, shall be all hours not designated as on-peak hours. PAGE 40 SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Actual days in readina period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Actual days in readinq Deriod x KW Billing Demand x Rate 30 days ENERGY CHARG~ Billing for energy shall be based on actual KWH consumption during the billing period. Formula: KWH in rate block × Rate per KWH in rate block CREDIT FOR ENERGY DRT,IVERED INTO CITY'S SYSTEM DURING ON-PEAK HOURS If Customer-produced energy is fed back into the City's system during on-peak hours, an amount equal to fuel cost calculated in accordance with Schedule ECA, as applicable to such energy is cred- ited monthly, provided that Customer has paid the City for neces- sary added metering, protective and other equipment as determined by the city. CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURING OFF-PEAK HOUR~ If Customer-produced energy is fed back into the city's system during off-peak hours, an amount equal to $0.01328 per KWH (for each KWH delivered back into the City's system) will be credited monthly, provided that Customer has paid the City for necessary added metering, protective and other equipment as determined by the city. PAGE 41 ENERGY COST ADJUSTMENT. A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT. A charge per KW of demand for fixed purchases power cost calculated in accordance with Schedule PCA. PAYMENT Bills are due when rendered, and become past due if not paid within twenty (20) calendar days from date of issuance. LATE PAYMENT CHARGES Bills are considered past due if not received within twenty (20) calendar days and shall be accessed a late payment charge of one and one-half percent (1.5%) per month on any unpaid balance. PAGE 42 SCHEDULE AF ATHLETE FIELD (Effective 10/01/94) APPLICATION Applicable to all electric service metered at one point for use to light specified areas for athletic events where such electrical use will not occur between the hours of 2:00 P.M. and 7:00 P.M. for the months of June through September. NET MONTHLY RATE (1) Customer Facilities Charge Single Phase $20.20 per 30 days Three Phase $30.30 per 30 days (2) Energy Charge Billinq months of June through September: All Other Hours (Off Peak) 3.79¢ per KWH 2:00 PM to 7:00 PM (Peak) 7.58¢ per KWH Billinq months of October throuqh May: All hours 3.79C/KWH (3) Demand Charge Billing months of June through September: All Other Hours (Off Peak) $1.11 per KW per 30 days 2:00 PM to 7:00PM $4.70 per KW per 30 (Peak) days Billin~ months of October through May: All hours $1.11 per KW per 30 days (4) Energy Cost Adjustment Current ECA Schedule (5) Power Cost Adjustment Current PCA Schedule MINIMUM BILLING Facility Charge PAGE 43 TYPE OF SERVICE At the City's available secondary voltage and available phase. For use only between the hours of 7:00 P.M. and 2:00 P.M. from June through September and all hours from October through May. POWER FACTOR The city reserves the right to make tests to determine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually and prorated for longer or shorter periods using the following formula: Formula: Actual days in readina period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period × KW demand x Rate 30 days ENR__~HARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block PAGE 44 ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KW of demand for fixed purchased power cost calculated in accordance with Schedule PCA. PAGE 45 SCHEDULE IDR INDUSTRIAL/ECONOMIC DEVELOPMENT RIDER (Effective 10/01/94) AVAILABILITY This rider is availabl~ to the customers who receive service from Rate Schedules GSS, GSL, or TGS. APPLICATION This rider is available to electric service supplied at any one location and measured through one meter. This is for firm electric service applicable to new customers and existing customers as de- scribed below. (1) New customers whose electric service represents demand not previously served by the city at any location in the city's service area in the last 12 months and where such metered demand is in excess of 200 KW. (2) Existing customers served under Rate Schedules GSS, GSL or TGS who add additional metered demand of at least 200 KW on top of their existing level of demand. This additional load will be separately metered. Under no circumstances may this rider be used to reduce the current amount of other firm service billed to the customer. Dur- ing the term of this agreement, the customer may not reduce other firm service peak demand. NET MONTHLY RATE The customer shall be charged under the appropriate applicable rate schedules with the exception that the monthly billing demand or system demand will be adjusted in accordance with the following table: Reduction to Billing Tim~ Period Demand or System Demand First Year 50% Second Year 40% Third Year 30% Fourth Year 20% Fifth Year 10% CONTRACT PERIOD The term of the contract will be a five-year period. PAGE 46 SCHEDULE TS THERMAL STORAGE INCENTIVE (Effective 10/01/94) APPLICATIO__N Applicable to any customer who agrees to be on Time-of-Use rate for five (5) years and who has a thermal storage facility of a min- imum storage capacity of 500,000 BTU. THERMAL STORAGE INCENTIVE PAYMENTS First 500 KW shifted $250/KW to off-peak hours Additional KW shifted $125/KW to off-peak hours Thermal storage incentive payments shall be made to qualifying customers based on the following method: A design shall be submitted to the Director of Electric Utili- ties for approval. The thermal storage equipment shall be checked for input electric demand (KW) and output capacity (BTU). The system shall be limited for incentive payment to a maximum of 12,000 BTU per 500 square feet for the conditioned area of the facility to be served, if such facility is used for office purposes. If the facility is used for other purposes, such as, for example, an industrial use, the customer may request an exception from the city of Denton Electric Utility. The city Electric Utility will study the request for exception and make recommenda- tions to the Electric Utility Director and the Executive Director of Utilities as to whether a different formula should be used. The decision of the Executive Director of Utilities will be final. Upon completion, the input-output of the thermal storage units will be measured by the city of Denton. The customer may observe and verify all information and calculations for the actual size of the facility. Auxiliary equipment used to circulate fluid or air handlers which would operate under normal peak periods will not be included in calculating the KW load for incentive payments. PAGE 47 SCHEDULE APR APPLIANCE REBATE (Effective 10/01/94) Application/Proqram Summary The city of Denton Utility Department is offering cash payments to customers who purchase and install high efficiency air condi- tioners or heat pumps in new or existing residential or commercial facilities. The program's objective is to reduce energy demand and consump- tion, thereby saving customers dollars on their utility bills and reducing the peak load of the city of Denton's electric system. Proqram Guidelines 1. All installations must be for accounts served by the City of Denton Utility Department and must meet all applicable national, local, and manufacturers' codes and specifica- tions. 2. To qualify for a rebate, equipment must be new when in- stalled. 3. All equipment must be purchased. No leased or lease/ purchased equipment will qualify for a cash rebate. 4. Installations must be made by licensed contractors and/or dealers. 5. No rebate will be paid on a partial replacement of an air conditioner. The compressor, condenser and the evaporator coil must be replaced to qualify for a rebate. 6. Payments for residential central cooling systems, which include apartments and mobile homes, will be limited to a capacity based on a minimum of 500 conditioned square feet per ton. 7. The conditioned area in square feet is required on each residential central system request for payment. 8. The rebate will be paid to the purchaser of the qualifying equipment upon verification of compliance with program guidelines. 9. Requests for payment must be received by the Director of Electric Utilities within 60 days of installation. PAGE 48 10. Equipment and installation are subject to inspection by the city's Building Inspection Department before final approval for payment is issued. 11. The Appliance Rebate Program guidelines and payments are subject to change without notice. 12. The Appliance Rebate Program may be discontinued without prior notice at any time by the city of Denton. I. GENERAL PROCEDURES A. Application To determine who qualifies for a rebate, an appli- cation for rebate must be completed and sent to the Director of Electric Utilities within 60 days of installation of the equipment. Participating dealers have rebate application forms and will complete these forms for the purchaser. It is the purchaser's responsibility to see that the dealer completes the form and submits it to the Director of Electric Utilities. B. Inspections Installations of central systems will be inspected by the city's Building Inspection Department and must be approved before rebates will be processed. C. Payments to Participants Cash payments will be made to the purchaser of the qualifying equipment. Participating retail equip- ment dealers will receive a cash payment of $20 per unit for the sale of window units, central air conditioning systems, or heat pumps to offset their cost for properly filling out the applications for purchasers. Program participants are responsible for'submitting the correct information. The Utili- ty Department will not issue any additional payment unless the payment was incorrect due to a mistake in processing by a city employee. 1. The twenty dollar ($20.00) payments to dealers will be made only if they supply the qualifying equipment to the customer or builder who is paying for the installation of the equipment. Dealers and purchasers may be denied payment for failure to follow program guidelines such as: failing to supply correct square footage or SEER/EER figures; installing equipment which is not PAGE 49 new; replacing part of a split system; or failure to fill out rebate forms properly. 2. Payments will be made to customers who pur- chase and install new qualifying equipment. If a tenant purchases and installs qualify- ing equipment, the payment is made to the tenant. If the owner of rental property purchases and installs qualifying equipment, the payment is made to the owner. If the purchaser of a mobile or custom home selects and pays for a qualifying unit, the purchas- er will receive the rebate. II. CENTRAL ELECTRIC AIR CONDITIONERS AND HEAT PUMPS A. A new condensing unit with an inside evaporator coil will qualify if matched, as specified, in the current issue of the ARI Directory of Certified Air Conditioners and Air Source Heat Pumps and the unit meets the minimum ratings as specified in the 1992 Appliance Rebate Program. If the unit is not in the current ARI Directory, the manufacturer's latest data approved for publication will be ac- cepted. If the unit is not in the current ARI Directory or data approved for publication, the average of the high and low SEER/EER coil only, not including blower coil, will be accepted as listed in the current ARI Directory. B. Computer simulations may be used if ratings are not listed in the current ARI Directory, provided the following criteria are met: 1. Systems using mix-matched coils must meet all established program guidelines to quali- fy for a rebate. 2. The computer simulations must be signed, certified, and dated by a reqistered profes- ~eer and an officer of the compa- ny making the submittal. 3. The engineer who certifies a simulation must attest to the accuracy of the input data, the validity of the calculation procedure used, and that the results are in accordance with D.O.E. approved methodology. 4. A complete set of the input data and an indication of the source of the data must accompany the simulated ratings. PAGE 50 5. The simulated ratings must be based on the condensing unit's tested combination as listed in the current ARI Directory or latest data approved for publication and identified by the correct model numbers of both the condensing unit and coil as listed in the current ARI Directory. 6. Simulated ratings must not exceed 105% of the SEER rating of the tested system used as a base. 7. An open file of computer simulations will be maintained at the Energy Management office. Supplying erroneous ratings or data can lead to disqualification of those involved from further program participation. C. Program Capacity and Payment Formula 1. The maximum allowable BTU per hour capacity eligible for a residential rebate is deter- mined by dividing the square footage of the conditioned area by 500 and multiplying by 12,000. Example: The Program Capacity for a 1,500 square foot house is: 1,500 = 3.0 × 12,000 = 36,000 BTUH 500 The city will pay a rebate on a unit that meets program efficiency standards and is sized at 36,000 BTUH or less. 2. Actual payment will be determined by dividing the BTUH of the installed unit (up to, and including the Program Capacity) by 12,000 and multiplying by the incentive. The incentive amounts and SEER ratings are refer- enced on page 5 of the "1992 Appliance Rebate Program: Methods Used in Determining Equipment Efficiency and Eligibility," and are incorporated herein as if fully set forth at length: Example A: A person in a 1,500 square foot house installs a 30,000 BTUH central air conditioner with a SEER rating of 12.0. 1,500 _ 3 x 12~000 = 36,000 Program Capacity 5O0 PAGE 51 30,000 = 2.5 x $100/ton = $250.00 Rebate Amount 12,000 Example B: A person in a 2,000 square foot house installs a 60,000 BTUH central air conditioner with a SEER rating of 12.0. 2,000. = 4 × 12,000 = 48,000 Program Capacity 500 48,000. = 4 x $100/ton = $400 Rebate Amount 12,000 Example C: A person in a 2,000 square foot house installs a 60,000 BTUH central heat pump with a SEER rating of 12.0. 2,000 = 4 x 12,000 = 48,000 Program Capacity 500 48,000 = 4 × $100/ton = $400 Rebate Amount Minimum SEER/EER Central Air Conditioninq Ratinq Incentive Single Phase (SEER) 12.0 $100/ton*$ Three Phase (EER) 12.0 $100/ton Central Heat Pumps Single Phase (SEER) 12.0 $100/ton Three Phase (EER) 12.0 $100/ton Room Air Conditioners 10.0 $ 50/unit Room ~ 10.0 $ 50/unit Geothermal Heat Pumps. 12.0 $500/unit * Refer to "1992 Appliance Rebate Program: Methods Used in Determining Equipment Efficiency and Eligibility" $ For calculation purposes, one ton equals 12,000 BTUH PAGE 52 SCHEDULE AIR CONDITIONER CYCLING REBATE (Effective 10/01/94) ~PPLICATION This schedule is available to any customer of the city of Denton Utility who is served and billed pursuant to rate schedules R-i, R-2, GSS/GSL and Gl, has a central air conditioning system with a minimum connected compressor output of 2.5 tons and who agrees to permit the utility to install a control device to his or her air conditioning system. The device will enable the utility to control the operation of the air conditioner compressor during periods of the utility's peak load and emergency conditions. The utility shall have the right to interrupt service to the compressor unit for approximately seven and one-half minutes of each thirty minute interval during peak load conditions. Peak load conditions are defined as being from June 1 through September 30 of each year. TERMS AND CONDITIONS A customer may apply for this schedule at any time by applying and entering into a contract with the city of Denton Utility. The contract shall be for a term of one year and shall be renewable for additional one year terms. Upon approval of the application and installation of the load reduction device, the customer shall receive a monthly credit on his or her utility bill, the amount of which shall be based upon the customer's compressor output (tons). The start date for receiving credit shall be the date the load reduction device is installed on the compressor and tested for proper operation. The amount of the credit is based upon thirty (30) day billing cycle and prorated according to the start date. The amount of credit on an eligible customer's bill shall be determined in the following manner: Compressor Output in Tons Credit per Billing Cycle 2.5 to 5.0 $10.00 All over 5.0 $ 2.00 per ton Any credit on a customer's electric bill shall not exceed fifty percent (50%) of said bill. The Utility shall rebate applicable credits to customers in the months of June, July, August and September. PAGE 53 SCHEDULE MTR PREMIUM-EFFICIENCY MOTOR REBATE (Effective 10/01/94) APPLICATION/PROGRAM SUMMARY The city of Denton Utility Department is offering cash payments to customers who purchase and install premium-efficiency motors and adjustable speed drives in facilities serviced by Denton Electric Utility. The program's objective is to reduce energy demand and consump- tion, thereby saving customers dollars on their utility bills and reducing the peak load of the city of Denton's electric system, thereby conserving energy and improving the power factor. PROGRAM GUIDELINES 1. All installations must be for accounts served by the city of Denton Electric Utility and must meet all applicable national, local, and manufacturers' codes and specifica- tions. 2. To qualify for a rebate, equipment must be new when in- stalled. All equipment must be purchased; no leased or lease/purchased equipment will qualify for a cash rebate. Removed motors must be properly disposed of after inspec- tion and not re-used with the Denton Electric Utility system. Method of disposal must be stated. 3. The city will pay the rebate to the purchaser of the qualifying equipment upon verification of compliance with program guidelines. 4. Equipment and installation are subject to inspection by the city's Electric Utility before final approval for payment is issued. 5. Replacement motors must be the same horsepower or lower than the original motor. Exceptions must be approved in writing by the City's Electric Utility. Only motors 20 horsepower and above are eligible for the program. 6. All information must be complete on the Motor Rebate Application in order for a rebate to be issued (see Motor Rebate Application). 7. The Premium-Efficiency Motor Rebate program guidelines and payments are subject to change without notice. This program may be discontinued with prior notice, at any time by the city of Denton Electric Utility. PAGE 54 REBATE METHODOLOGY Rebates for the Premium-Efficiency Motor Rebate Program will be based on the following methodology: REPLACEMENT MOTORS: 1. The Denton Electric Utility staff will visit the site to determine the existing motors efficiency. If the existing motor is non-operational, an estimate will be made. 2. The customer must provide all information on the rebate application concerning the proposed motor purchase. 3. A new motor must not exceed the horsepower of the existing motor without express written consent by the Denton Electric Utility, which consent shall be given only if the utility finds an increased efficiency. 4. The information concerning the existing and the proposed motors will be entered into the Motor Master software program to calculate the kilowatt (KW) savings yield. The calculation is based on horsepower, efficiency, RPM, and load information. 5. The KW yield will be multiplied times the rebate incentive amount of $100/KW: KW yield x $100/KW 6. The Denton Electric Utility will to the site to verify installation, and following successful installation, a rebate check will be mailed to the customer. NEW MOTORS: New motors will follow the procedure outlined above for replacement motors but the efficiency comparison will be made against a standard new motor, to be determined by the Motor Master software program used by the city, Department of Energy standards, or the Denton Electric Utility. ADJUSTABLE SPEED DRIVES: The Denton Electric Utility will visit the customer site to determine KW savings from the proposed Adjustable/Variable Speed Drive. Those savings will be awarded on a $100/KW basis. A watt meter will be used before and after installation. KW SAVINGS: Rebates in excess of $1,000.00 require advance approval of the Director of Electric Utilities. PAGE 55 SCHEDULE UPS UNINTERRUPTIBLE POWER SUPPLY (Effective 10/01/94) APPLICATION Applicable to any customer who, by written agreement, receives service for uninterruptible power supply for a computer or other electrical equipment. Not a licable for resale service in any event, nor to tempo- rary or standby service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge: 250 W Power Standby Unit $ 7.80/30 days 1,200 W Power Standby Unit $31.85/30 days (2) Installation Charge $25.75 For any W Power Standby Unit other than above, the monthly customer charge will be based on the following formula: (1) Monthly Charge: 5% of Annual Maintenance Cost PLUS 12 months 6% Annual Return of Investment PLUS 12 months 8% Interest on a 5 Year Life TYPE OF SERVICE The city shall furnish, install, maintain an automatically controlled alternating current power backup unit conforming to the City's standards and subject to its published rules and regulations. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 56 PRORATION OF UTILITY BILLS (a) Billings for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x customer facility charge 30 days PAGE 57 SCHEDULE ECA ENERGY COST ADJUSTMENT (Effective 10/01/94) ENERGY COST ADJUSTMENT All monthly KWH charges shall be increased or decreased by an amount equal to "X" cents per KWH, to be known as the energy cost adjustment (ECA). The ECA shall be computed during the last month of each fiscal year quarter (December, March, June and September) to be applied to the quarter immediately following. The city shall in no case change the energy cost adjustment more than once in any three (3) month period. The ECA shall be calculated using the following formula: Proiected enerav cost for next quarter. ECA = Projected KWH sales for next quarter In the event that actual plus estimated cumulative costs of fuel, variable costs of Texas Municipal Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) are greater than or less than the actual and projected ECA revenues by $500,000 or more during the next quarter, the Director of Electric Utilities or his designate shall recompute the Energy Cost Adjustment and re-establish an ECA that collects or returns such difference over the next three month period, such change in ECA shall be applied evenly to each month during the three month period. The above formula results in an October - December 1994 estimated ECA as follows: ECA = 1.90C/KWH PAGE 58 SCHEDULE PCb POWER COST ADJUSTMENT (Effective 10/01/94) PURPOSE AND EFFECT The Power Cost Adjustment (PCA) provides for the recovery of fixed purchased power costs, including Texas Municipal Power Agency (TMPA) costs, as they increase or decrease from the base year costs. The PCA will be calculated based on fixed purchased power costs, to be effective the first day of each fiscal quarter. The PCA shall apply to customer classes as listed in this schedule. All monthly KWH charges for customers with an energy charge but without a demand component in the applicable rate schedule shall be assessed a PCA surcharge based upon KWH usage. All monthly KW demand charges for customers with a demand com- ponent in the applicable rate schedule shall be assessed a PCA surcharge based upon KW demand, but not usage. The PCA will be calculated relative to a base purchased power cost of $23.390 million per year, as of the first quarter of fiscal year 1995. QUARTERLY ADJUSTMENT FACTOR ¢OAF) - WHEN CHANGED A quarterly adjustment factor (QAF) shall be used in the calcu- lation of the PCA to account for significant changes in fixed pur- chased power costs. The QAF shall be adjusted in any quarter where fixed purchased power costs increase or decrease by an integer mul- tiple of $100,000, compared to the base fixed purchased power cost of $23.390 million per year. Each $100,000 increase or decrease from the base cost represents a "threshold" interval for adjusting the QAF (e.g., at $29.290 million, $29.490 million, $29.590 million, and so on). In any quarter in which the annual fixed purchase power cost "crosses" above or below one or more of these "thresholds", the QAF shall be adjusted, otherwise it shall remain the same. QUARTERLY ADJUSTMENT FACTOR - CALCULATION In any quarter in which the QAF is to be adjusted, the QAF shall be calculated by subtracting the base fixed purchased power cost ($29.390 million per year) from the current fixed purchased power cost per year and dividing by 100,000. Example: Current cost = $23,620,000 - Base cost = $23,390,000 Change = $ 230,000/100,000 ~ QAF = 2.3 PAGE 59 Note that the QAF for the first quarter of fiscal year 1995 is 0.0 for all rate classes, yielding an initial PCA of $0.00 for all classes in the first quarter of fiscal year 1995. Note also that subsequent decreases in cost below the base cost will yield a negative QAF which, in turn, would generate a PCA rebate for all rate classes. PCA RATE The PCA Rate for each customer class may be determined from the following table: Customer Clas~ Rate Schedule PCA Rate Residential R1,R2,TR 0.000134 Small Commercial/ GSS,TGS,EWK 0.039780 Other Pi,ES Large Commercial GSL,IDR 0.039332 Government G1,AF 0.055326 PCA CALCULATION The PCA for any given customer class with a KW demand component may be calculated as follows, and rounded to the nearest cent: PCA (¢) = QAF × PCA Rate (C/KW) × KW The PCA for any given customer class with a KWH energy compo- nent, but without a KW demand component, may be calculated as fol- lows, and rounded to the nearest cent: PCA (¢) = QAF x PCA Rate (C/KWH) x KWH PAGE 60 SPECIAL FACILITIES RIDER (1) Ail service shall be offered from available facilities. If a customer service characteristic requires facilities and devices which are not normally and readily available at the location which the customer requests service, then the city shall provide the service subject to paragraph of this rider. (2) The total cost of all facilities reburied to meet the customer's load characteristics which are incurred by the city shall be subject to a special contract entered into between the Utility and the customer. This contract shall be signed by both parties prior to the city provi- ding service to the customer. PAGE 61 SECTION II. That the Executive DireCtor of Utilities is hereby authorized to expend funds to issue rebates to electric utility customers in the form and type set forth in Schedules ACR, APR and MTR, as the temporary cycling of air conditioner compressors and the use of more efficient compressors and motors are in the best inter- est of the city of Denton, as such will reduce the peak load and conserve energy, which are public purposes of the city. SECTION III. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the city Coun- cil of the city of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That the Schedule of Rates herein adopted shall be effective, charged and applied to all energy usage occurring on or after October 1, 1994. ~d ~ PASSED AND APPROVED this the ay of , 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 62 · E:\WPDOCS\ORD\KVA.O ORDINANCE NO. ~ AN ORDINANCEAMENDING A PORTION OF THE SCHEDULE OF ELECTRICAL RATES CONTAINED IN ORDINANCE NO. 94-162 BY AMENDING SCHEDULE GENERAL SERVICE I~ARGE ("GSL") TO CONVERT FROM THE PRESENT KILOWATT ("KW") DEMAND BILLING TO KILOVOLT AMPERES ("KVA") DEMAND BILLING; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that a conversion from the current kilowatt ("kw") demand billing to kilovolt amperes "kVA") billing has a number of advantages, including: 1. The kVA approach provides a positive reinforcement to customers above 90% power factor, as well as assessing charges to customers with power factors below 90%. The additional expense to those below 90% will be the same as the power factor penalty calculation; and 2. The kVA approach can be accommodated by the City's current computer billing system, whereas the power factor penalty approach would require expensive programming changes; and 3. The kVA approach assesses customers a price per unit of the demand consumed, the unit has changed from kW to kVA, but this approach avoids the use of a "penalty" and may be more palatable to customers; and WHEREAS, the City Council has determined that is in the public interest to convert from kW demand billing to kVA demand billing; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 94-162 is hereby amended by amending the schedule of rates for electrical services as provided for in Chapter 26 of the Code of Ordinances by amending Schedule General Service Large ("GSL") to read as follows: SCHEDULE ~SL GENERAL SERVICE LARGE (Effective 10/01/95) APPLICATION The GSL Rate is applicable to any customer having a minimum actual demand of 250 KW or 250 KVA for all electric service supplied at one point of delivery and measured through one meter. Customers who elect to discontinue service under this rate are ineligible for service under this rate for twelve months. Not applicable to resale service in any event, nor to temporary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge $60.60 per 30 days (2) Demand Charge $ 8.64 per KVA demand/30 days (3) Energy Charge 1.41C/KWH for all KWH (4) Energy Cost Adjustment Schedule ECA MINIMUM BILLING An amount equal to the facility charge plus the greater of: 1) demand charge as calculated on 250 KVA, or 2) seventy percent (70%) of the maximum monthly kW demand for any month during the preceding months of May through October billed at the kva rate. TYPE OF SERVICE Secondary or primary service available to commercial and indus- trial customers. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. PRIMARY SERVICE DISCOUNT Customers who own, operate, and maintain all facilities neces- sary to receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.3C/KWH discount. Primary service customers utilizing City owned and operated facility and transformation equipment necessary to receive primary voltage service shall receive a discount of 0.1C/KWH. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND The demand shall be determined by the KVA supplied during the PAGE 2 15-minute period of maximum use during the current month as deter- mined by City's demand meter, but shall not be less than 70% of the highest monthly demand determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current month. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readinq period × customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readinq period × KVA demand x Rate 30 days ENERGY~CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block × Rate per KWH in rate block ENERGY~COST ADJUSTMENT A charge per KW~ of energy taken for fuel cost calculated in accordance with Schedule ECA. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court PAGE 3 of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That save and except as amended hereby that all the remaining schedules of rates, sections, sentences, phrases, and paragraphs of Ordinance No. 94-162 and of Chapter 26 of the Code of Ordinances, shall hereby remain in full force and effect. SECTION IV. That the schedule of rates herein adopted shall be effective, charged, and applied to all energy usage occurring on or after October 1, 1995. PASSED AND APPROVED this the/~ day of ~, 1995. BOB'CASTLE~E~RY, ATTEST: JENNIFER WALTERS, CITY SECRETARY APP~V~'-fTO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 4