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2005-062ORDINANCE NO. 200S- AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE AMENDMENT OF THE INDUSTRIAL DEVELOPMENT RDER (SCHEDULE DR) TO THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCE NO. 2004-386; THE PURPOSE OF WHICH AMENDMENT TO THE ABOVE RECITED RATE SCHEDULE IDR BEING TO CLEARLY EXPRESS THE POLICY OF THE CITY COUNCIL REGARDING THE QUALIFICATION FOR SUCH RATE; PROVIDING FOR A REPEALER; PROVDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has included an Industrial Development Rider in its electric rate schedules for a number of years. This rate schedule has always been intended as a method to facilitate economic growth in the City by encouraging its industrial growth; and WHEREAS, this amendment to ordinance amends electric rate Schedule DR to provide additional qualifications for an electric ratepayer to qualify for the rate. The ratepayer must be subject to City of Denton ad valorem tax payment and the ratepayer must not receive any other discounts on their electric service, other than the discounts for primary meter service as defined in the General Service Large or the General Service Time of Use rate schedules; and WHEREAS, the City Council finds that this ordinance is in the best interests of the citizens of the City of Denton; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the recitations contained in the above and foregoing paragraphs of this ord'mance are incorporated herewith and are true and correct. SECTION 2. That the Industrial Development Rider which is attached to Ordinance No. 2004-386 for electric service, and as provided for in Chapter 26 of the Code of Ordinances, is hereby amended and replaced by the Industrial Development Rider (Schedule IDR) which is attached hereto and incorporated herewith by reference, so as to properly reflect the three (3) qualifications which the City Council now requ'nces of a ratepayer in order to obtain the IDR rate. SECTION 3. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 4. 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 rema'ming 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 5. That this ordinance shall become effective, charged, and applied to all services occurring on and after the date hereof; and a copy of said fees and charges shall be maintained on file in the office of the City Secretary. PASSED AND APPROVED this the cffa~--dday of ~~.~ , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY &\Our DoeumentsXOrdinances\05~2005 Electrie-lDR Amendment.doc SCHEDULE IDR INDUSTRIAL DEVELOPMENTRIDER (Effective 02/22/05) PURPOSE The purpose of this rider is to facilitate local economic growth and expand the ad valorem tax base of the City of Denton. AVAILABILITY This rider is available to the Customers who: (1) Receive service t~om Rate Schedules GSL or TGS; and (2) Pay City of Denton ad valorem tax; and (3) Receive no discounts other than those specifically defined in the GSL or TGS rate schedules. APPLICATION This rider is available to electric service supplied at any one location. It is for finn electric service applicable to new and existing Customers as described below, over a five (5) year period. This rider is available to the following classes of Customers: (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 twelve (12) months, where such metered demand will be in excess of 225 KVA or 200 KW, as estimated and mutually agreed upon by the Director of Electric Utilities and the customer. (2) Existing customers served under Rate Schedules GSL or TGS who increase their prior existing metered demand by 225 KVA or 200 KW. This increase shall be verified by sub-metering (at the Customers expense) the additional load. If sub- metering is not possible, at the discretion of the Director of Electric Utilities, the increase may be verified by comparing a three-month rolling average of the new level of demand to the prior demand averaged for corresponding months. During periods in which this verification method cannot be applied, the Director of Electric Utilities and the Customer may develop a mutually agreed-upon formula to estimate the base and additional demand levels. NET MONTHLY RATE The Customer shall be charged under the appropriate applicable rate schedules with the exception that the monthly billing demand (for GSL) or system demand and on-peak demand (for TGS) will be adjusted in accordance with the following table: Time Period Reduction to Billing 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 for five (5) years. S:\Our Documcnts\Ordinan¢¢s\05~2005 Electric-Schedule IDR Amendment.doc