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1985-2401246L NO AN ORDINANCE ADOPTING AMENDED RATE SCHEDULES FOR ELECTRICAL SERVICES, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 1985 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Schedule of Rates for electrical services provided by the City of Denton, Texas to its customers, as provided for in Chapter 25 of the Code of Ordinances, are hereby established as follows SCHEDULE OF RATES PAGE R1 Residential Service Rate 2 R2 Residential Service Rate 3 LP Large Primary Commercial & Industrial Lighting and Power Service Rates 4 GP General Service Primary 16 6 GS General Service (Commercial) 8 G1 Local Government Lighting & Power Service Rate (City, County, Independent School District 10 G2 Street Lighting 12 G3 Street Lighting & Traffic Signals 13 DD Dusk-to-Dawn Lighting (Security Light) 14 T1 Temporary Service Schedule 16 TG Time of Use Rates-General Service 18 TP Time of Use Rates-Primary Service 20 P1 Interruptible Service Rate 22 RW Religious Worship 24 AF Athletic Field 25 ECA Energy Cost Adjustment 27 SCHEDULE R-1 RESIDENTIAL SERVICE RATE APPLICATION Applicable to all electric service used for residential purposes in a single family dwelling or an individually metered apartment, 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 as of the effective date of this rate schedule 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 $5 50/month 2) Energy Charge 4 65~/KWH 3) Energy Cost Adjustment Schedule ECA MINIMUM BILLING $5 50/month TYPE OF SERVICE The City will supply single-phase service at any standard voltages available from the City s distribution system through one standard transformation PAGE 2 SCHEDULE R-2 RESIDENTIAL SERVICE RATE APPLICATION Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an individually metered apartment, supplied at one point of delivery and measured through one meter Also applicable to any customer heating with electric energy, resistance or heat pump Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider NET MONTHLY RATE WINTER SUMMER Billing months Billing months of November of May through through April October 1) Customer Facility Charge Single Phase 6 50/month Three Phase ill 00/month 2) Energy Charge First 1,000 KWH 5 154/KWH All additional KWH 4 65~/KWH First 3,000 KWH All additional KWH 3) Energy Cost Adjustment Schedule ECA MINIMUM BILLING Single Phase 6 50/month Three Phase ill 00/month TYPE OF SERVICE 1 6 50/month ll 00/month 5 65~/KWH 6 151/KWH Schedule ECA 1 6 50/month ll 00/month The City will supply single-phase service (or three-phase service 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 prior to its being furnished PAGE 3 SCHEDULE LP (Large Primary) COMMERCIAL & INDUSTRIAL LIGHTING AND POWER SERVICE RATES APPLICATION Applicable to any customer for all electric service supplied at one point of delivery and measured through one meter with customer providing all facilities necessary to receive primary voltage service 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 $49 50/month 2) Demand Charge 3) Energy Charge 4) Energy Cost Adjustment MINIMUM BILLING $6 00/KW of demand 3 054/KWH for all KWH Current ECA Factor An amount equal to the demand charge as calculated below but not less than seventy percent (70%) of the maximum monthly demand charge for any month during the preceding months of May through October plus $49 50 per 30 day billing TYPE OF SERVICE Primary voltage service (transformation equipment owned by customer) is available to any customer with a 12-month minimum monthly demand of 750 KW or greater Primary service rendered at one point on the customers premises at a nominal voltage of 13,200 volts or 69,000 volts three-phase at the option of the City 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 voltage, at the City's option Where the City elects to meter at secondary voltage, two percent shall be added to the PAGE 4 demand charge, the energy charge and the energy cost adjustment charge to account for transformer losses DETERMINATION OF DEMAND The demand shall be 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 70% 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 750 KW 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 PAGE 5 SCHEDULE GP GENERAL SERVICE PRIMARY APPLICATION Applicable to commercial and industrial users for all electric service supplied at one point of delivery and measured through one primary voltage meter Transformation equipment is owned by the City 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) Facility Charge $49 50/month 2) Demand Charge 3) Energy Charge 4) Energy Cost Adjustment MINIMUM BILLING $ 6 20/KW 3 254/KWH Current ECA Factor An amount equal to the demand charge as calculated below but not less than seventy percent (70%) of the maximum monthly demand charge for any month during the preceding months of May through October, inclusive, plus $49 50 per 30 day billing TYPE OF SERVICE The City will supply three-phase service at sixty (60) cycles and at any standard voltages available from the City's distribution system 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 prior to its being furnished DETERMINATION OF DEMAND The demand shall be 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 70% 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 750 KW PAGE 6 POWER FACTOR The City reserves the right to make tests power factor of the customer's installati( periods of maximum demand or by measurement of factor for the monthly billing period If th below ninety percent, the demand for billing determined by multiplying the uncorrected KW 90% and dividing by the determined power factor to determine the )n served during the average power e power factor is purposes will be billing demand by PAGE 7 (SCHEDULE GS) GENERAL SERVICE (COMMERCIAL) APPLICATION Applicable to any commercial and industrial users 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 temporary, standby or supplementary service except in conjunction with applicable rider NET MONTHLY RATE 1) Customer Facility Charge Single Phase Three Phase 2) Demand Charge 3) Energy Charge 4) Energy Cost Adjustment MINIMUM BILLING 110 00/month 15 00/month $ 6 40/KW of demand 3 55¢/KWH for all KWH Current ECA Factor An amount equal to the demand charge as calculated below but not less than seventy percent (70%) of the maximum monthly demand charge for any month during the preceding months of May through October plus $10/ month for single phase or less than $15/month for three phase, per 30 day billing TYPE OF SERVICE Secondary service available to commercial and industrial customers The City will supply single-phase service (or three-phase service 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 prior to its being furnished PAGE 8 DETERMINATION OF DEMAND The demand shall be 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 70% 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 In no case, shall demand be less than 1 KW In cases where the connected load is constant, the City may, at it's option, estimate the KW demand For neon signs, one volt ampere 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 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 9 SCHEDULE G1 LOCAL GOVERNMENT LIGHTING & POWER SERVICE RATE (City , County, Independent Scioo District APPLICATION Applicable to any local City, County or School Districts 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 temporary, standby or supplementary service except in conjunction with applicable rider NET MONTHLY RATE 1) Customer Charge Single Phase Three Phase 10 00/month 15 00/month 2) Demand Charge 3) Energy Charge 4) Energy Cost Adjustment MINIMUM BILLING $ 4 90/KW of demand 3 500/KWH for all KWH Current ECA 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 $10 00/month for single phase or less than $15 00/month for three phase, per 30 day billing TYPE OF SERVICE The City will supply single-phase service (or service if available at the point of delivery) at cycles and at any standard voltages available from distribution system through one standard transforms service of the type desired by the customer is available at the point of service, special contract between the City and the customer may be required p being furnished three-phase sixty (60) the City's tion Where not already arrangements rior to its PAGE 10 DETERMINATION OF DEMAND The demand shall be the KW supplied during the 15-minute period of maximum use during the current month as determined 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 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 11 SCHEDULE G2 STREET LIGHTING APPLICATION Applicable to all street lighting provided within the City of Denton and provided to the City of Denton, another City or the Texas Department of Highways and Public Transportation NET MONTHLY RATE 1) Facility Charge 2) Energy Cost Adjustment Current ECA x monthly bulb wattage factor Bulb Wattage Factor 100W Sodium Vapor 4 70 48 KWH/month 250W Sodium Vapor 6 70 105 KWH/month 400W Sodium Vapor 8 60 159 KWH/month 175W Mercury Vapor 5 1 45 70 KWH/month 250W Mercury Vapor 6 45 98 KWH/month 400W Mercury Vapor 8 35 153 KWH/month 1000W Mercury Vapor 15 30 380 KWH/month TYPE OF SERVICE The City will supply single-phase service (or three-phase service 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 prior to its being furnished PAGE 12 SCHEDULE G3 STREET LIGHTING & TRAFFIC SIGNALS APPLICATION Applicable to State and Local Government agencies that install and maintain their own street lights and traffic signals NET MONTHLY RATE All KWH 4 904/KWH TYPE OF SERVICE At the City's available secondary voltage and phase PAGE 13 SCHEDULE D-D DUSK-TO-DAWN LIGHTING (Security Lighting) 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) Facility Charge 2) Energy Cost Adjustment Current ECA x monthly bulb wattage factor Bulb Wattage Factor 100W Sodium Vapor 6 20 48 KWH/month 250W Sodium Vapor 8 20 105 KWH/month 400W Sodium Vapor 10 1 10 159 KWH/month 175W Mercury Vapor 5 95 70 KWH/month 250W Mercury Vapor* 7 95 98 KWH/month 400W Mercury Vapor 10 85 153 KWH/month *No new or additional 250 watt mercury vapor lamps will be installed after the effective date of this schedule TYPE OF SERVICE The City shall furnish, install, maintain and deliver electric service to automatically controlled, mercury or sodium vapor lighting 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 spacing of one hundred (100 ) feet Additional poles required to install a light in a customer's specifically desired location, and not having a light installed on same, shall bear the cost PAGE 14 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 customer desired the removal of the unit or discontinuance of the service 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 cancelled by either party upon thirty (30) days notice PAGE 15 SCHEDULE T1 TEMPORARY SERVICE SCHEDULE APPLICATION Applicable when a customer requests electric service on a short term or temporary basis NET MONTHLY RATE 1) Facility Charge Single Phase $10 00/month Three Phase $15 00/month 2) Energy Charge 6 7¢/KWH 3) Energy Cost Adjustment Current ECA MINIMUM BILLING $10 00/month TYPE OF SERVICE At the City's available 120/240 volt single phase secondary supply ADDITIONAL TEMPORARY SERVICE CHARGES Labor (Regular Time) $40 40 minimum up to 1 hour $40 40 for each additional hour (to be measured to the nearest one-quarter hour) Labor (Overtime) $60 20 minimum up to 1 hour $60 20 for each additional hour (to be measured to the nearest one-quarter hour) Premium time to be added where applicable Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the equipment PAGE 16 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 removed 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 PAGE 17 SCHEDULE TG TIME OF USE RATES APPLICATION Applicable to approved electric service required for secondary distribution service at voltage levels not to exceed 480 volts NET MONTHLY RATE 1) Facility Charge Single Phase $20 00/month Three Phase $30 00/month 2) Energy Charge Billing months of June through Sep 12 00 Noon through 9 00 p m (Week days and excluding all City All other hours (Off Peak) Billing months of October through All KWH )tember 9 0¢/KWH (Peak) of Denton holidays ) 3 0¢/KWH May 3 5¢/KWH 3) Demand Charge Billing months of June through September 12 00 Noon through 9 00 p m (Peak) $9 75/KW/MO All other hours (Off Peak) $3 25/KW/MO Billing months of October through May All KWH Demand $6 40/KW/MO 4) Energy Cost Adjustment Current ECA MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than seventy percent (70%) of the maximum monthly peak PAGE 18 and off peak KW similarly determined during the previous billing months of MAY through OCTOBER in the 12 months ending with the current month TYPE OF SERVICE Secondary service available to commercial and industrial customers The City will supply single-phase service (or three-phase service 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 prior to its being furnished DETERMINATION OF DEMAND The KW load metered during the 15-minute period of maximum use during the current month's peak billing periods from 12 00 Noon through 9 00 p m , but not less than 70% 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 POWER FACTOR 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 period Should the power factor so determined by 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 PAGE 19 SCHEDULE TP TIME OF USE RATES PRIMARY E APPLICATION Applicable to approved electric service required for primary voltage distribution service at voltage levels not to exceed 69,000 volts and billing demand equal to or greater than 750 KW NET MONTHLY RATE 1) Customer Facilities Charge $60 00/month 2) Energy Charge Billing months of June through September 12 00 Noon through 9 00 p m 8 4¢/KWH (Week days and excluding all City of Denton holidays ) All other hours 2 8¢/KWH Billing months of October through April All KWH 3 0¢/KWH 3) Demand Charge Billing months of June through Septemb er All KW of billing demand (Peak) $9 00/KW/MO All KW of billing demand (Off Peak) $3 00/KW/MO Billing months of October through May All KW of billing demand $6 00/KW/MO 4) Energy Cost Adjustment Current ECA MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than seventy percent (70%) of the maximum monthly peak and off peak KW similarly determined during the previous billing months of May through October in the 12 months ending with the current month, nor LESS than 750 KW PAGE 20 DETERMINATION OF DEMAND The KW load metered during the 15-minute period of maximum use during the current month's peak and off peak billing periods from 12 00 Noon through 9 00 p m , but not less than 70% of the maximum monthly KW similarly determined during the previous billing months of June through September in the 12 months ending with the current month, nor LESS than 750 KW TYPE OF SERVICE At the City's available primary voltage and phase POWER FACTOR 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 period 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 PAGE 21 SCHEDULL PI INTERRUPTIBLE SERVICE RATE APPLICATION Applicable to all customers taking primary service at a firm power load exceeding 5,000 KVA during the months of June, July, August or September NET MONTHLY CHARGE 1) Facility Charge $49 50/month 2) Energy Charge 3 0¢/KWH 3) Demand Charge $ 5 80/KWH 4) Energy Cost Adjustment Current ECA When the City requires a customer to interrupt load and the customer elects not to interrupt his load, then the following rates shall apply for all KW and KWH the City requested to be interrupted Energy Charge Rate schedule LP energy charge shall apply to all usage for eleven months preceding the billing month in which customer elects not to interrupt load upon request Demand Charge Rate schedule LP demand charge shall apply to all demand billed for eleven months preceding the billing month in which the customer elects not to interrupt service load upon request by the utility and shall remain in effect for at least twelve months following billing month in which customer fails to reduce demand upon request by the City MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than seventy percent (70%) 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 750 KW PAGE 22 TYPE OF SERVICE Primary voltage service (transformation equipment owned by customer) is available to any customer with a 12-month minimum monthly demand of 750 KW or greater Primary 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 City 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 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 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 70% 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 750 KW CONDITIONS OF INTERRUPTION The City shall notify the customer by telephone at least thirty (30) minutes prior to the time at which the load is required to be curtailed The request shall be for all or part of the customer's load exceeding 5,000 KVA The maximum period of interruption shall be for six hours The interruption shall be at the request of the City during the periods when a potential forced outage could deny power to other customers or when available spinning reserves are threatened The customer shall respond by stating he will or will not comply with the City's request within fifteen (15) minutes after notification POWER FACTOR REQUIREMENTS 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 PAGE 23 SCHEDULE RW RELIGIOUS WORSHIP APPLICATION Applicable to any user that qualifies as a religious organization pursuant to Section 11 20 of the Property Tax Code, Texas Revised Civil Statutes Not available for resale NET MONTHLY BILLING 1) Facility Charge Single Phase $10 00/month Three Phase $15 00/month 2) Energy Charge 3 50¢/KWH 3) Demand Charge $ 4 25/KW 4) Energy Cost Adjustment Current ECA 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 $10/month for single phase or less than $15/month for three phase, per 30 day billing TYPE OF SERVICE The City will supply single-phase service (or three-phase service 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 prior to its being furnished DETERMINATION OF DEMAND The demand shall be the KW supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter PAGE 24 SCHEDULE AF ATHLETIC FIELD 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 10 00 A M and 6 00 P M NET MONTHLY RATE 1) Customer Facilities Charge Single Phase $20 00/month Three Phase $30 00/month 2) Energy Charge Billing months of June through September All Other Hours (Off Peak) 4 10/KWH 10 00 a m to 7 00 p m (Peak) 8 24/KWH (Week days and excluding all City of Denton holidays ) Billing months of October through May All Hours 4 1¢/KWH 3) Demand Charge Billing months of June through September All Other Hours (Off Peak) 10 00 a m to 7 00 p m (Peak) Billing months of October through May All Hours 4) Energy Cost Adjustment MINIMUM BILLING Facility Charge 1 00/KW/MO 4 90/KW/MO $1 00/KW/MO Current ECA PAGE 25 TYPE OF SERVICE At the City's available sE phase For use only between the A M from May through October DETERMINATION OF DEMAND The demand shall be the KW period of maximum use during the City's demand meter for both peak tcondary voltage and available hours of 6 00 P M and 10 00 supplied during the 15-minute current month as determined by and off peak demand 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 PAGE 26 SCHEDULE ECA ENERGY COST ADJUSTMENT 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 in the months of April and October to be applied to the following periods of May through October and November through April respectively The City shall in no case change the energy cost adjustment more than twice in either of the six (6) month periods The ECA shall be calculated by the following formula ECA (Winter) = Pro ected ever cost for winter months ro ecte KWH sales or winter mont s ECA (Summer) = Pro ected ener coat for summer months ro ecte sales of s wont s The above formula results in Winter 1985/86 and Summer 1986 ECA's as follows ECA (Winter) = 2 25 ECA (Summer) = 2 75 In the event that actual cumulative costs of fuel, variable costs of Texas Municipal Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) is greater than or less than the cumulative ECA revenues by $1,000,000 during the fiscal year, the City may recompute the Energy Cost Adjustment and re-establish an ECA that collects or returns such difference over the remaining months of the fiscal year Such change in ECA shall be applied evenly to all remaining months' ECA PAGE 27 SECTION II That if any section, subsection, paragraph, sentence, 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 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 this ordinance shall become effective on December 1, 1985, and the "Schedules of Rates" herein adopted, shall be effective, applied to and be charged on all billings made on or after December 1, 1985 PASSED AND APPROVED this K& 1,(-day of 1985 /XIC R , CIT OF D NTON, TEXAS ATTEST CHA LOTTE ALLEN~ CITY SECRET Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY ffl/LV1 PAGE 28