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ORDINANCE 366-69
4Th 0 1 VI ORDINANCE NO. ____ An Ordinance Amending Chapttr 7 of the Mun ci I Code of the Town of Estes Park,Colorado,the Same rrainingo:he Light and Power Department and the Operation and Procedures of said Light and Power Department. BE IT ORDAINED BY THE BOARD OF TRuSTEES C?THE TCTN C? ESTES PARK,COLORADO: Section 1.That Section 7.3,Rules and Regulations; Section 7.4,Rate Schedules;and Sectlon 1,5,Exun Poaces, of Chapter 7 of the Municipal Coac or tne Town or Esres Par, Colorado,be and the same are hereby amendea to reac; Cnapter 7 Light and Power Department 7.3 Rules and ulations. 7.3—1 General These rules and regulations set forth terms and conditions under which electric service is supplied by the Lignt ama Power Department of the Town of Estes Park tereinarter callec.tne ‘Deoartrnent’ and are intended to govern all classes of service supplied by the Department to consumers,sometimes called users,both within and out side the corporate limits of the Town. In addition to the provisions and conditions herein, service supplied under the electric rate schedules is subject to the service regulations specified in the rates and to such amend ments or additions thereto as hereinafter may be made by the Town. Electric service furnished by the Department is subject also to the requiremnts set forth in ordinances of the Town relating to electrical installations,inspections,licensing, permits and regulations,and in the Rules and Regulations of the Electrical Inspector under the National Electrical Coce and State of Colorado revisions. Any waiver at any time of the Departments requirements under these rules and regulations will not be deemed as a waiver as to any violation or other matter subsequent±y occurring. 7.3—2 Service Available Unless stated othez-iise in e ruiu.nd reguations per taining to specific electric rate schedules,e rric service supplied will be 60 cycle aite.nating current Sincle phase •2—wire,120 volts 3—wire,120—240 volts Three Phase 3—wire delta 240 volts •4—wire delta 120—240 volts 4—wire wye 120/203 volts The Department reserves the right to aoify phase and nominal voltage at which service will be sZed and to ••rye at different voltages where distribution is mah at other nominal :0 rages. •I C -c--- 7.3—3 Type of Service a.Permanent: /Unless specific arrangements are made to the con trary,electric service will be considered renderad on a continuous, permanent basis subject to termination as provided later in these rules and regulations. b.Seasonal: Unless otherwise provided in the rules and regula tions pertaining to individual rate schedules,a charge of $2.50 shall be made to disconnect service for seasonal users and an additional charge shall be made of $2.50 to reconnect service for these users. It is the intent of the rate schedules with minimum contract periods of 12 months to have available continous service.If for ally reasonsuchanelectricserviceshouldbedisconnectedforlessthanafullyear,the reconnect charge shall be not less than the sum of the minimum charges of the rates for those months during which the service was disconnected. c.Temporary Service: Temporary service is considered as that service required by such consumers as circuses,construcaon contractors, carnivals,tent shows and other similar enterprises.Prior to the start of any construction required to provide tempor:ry service, the applicant will pay to the Department an amount egual to the Department’s estimate of the total cost of constructing and removing all facilities necessary to supply the desired service less the salvage value of the materials used.The amount thus paid will not be refundable nor cn it be applied to service bills.The cost of electric service will be in accordance with the provisions of the application for such service and shall be as stated in the applicable schedules of rates. 7.3—4 Term of Service a.Discontinuance by Consumer: Any consumer desiring to discontinue electric service should give the Department at least three cays’notice prior to the time disconnection is desired to permit meter reading, disconnection and final billing for service rencerea.The consumer shall be liable in any event for electric serviCe reneerea until the final meter reading is obtained.Further,such notice by the consumer does not relieve him in any way from any minimums or pay ments guaranteed under his service contract. b.Discontinuance by Town: The Department may discontinue service under any of the following conditions: 1.II user’s wiring or equiment is considered unsafe,service may be discontinued after due notice and will not be reconnected until the unsafe condition has been corrected.The Department may discontinue service without notice to the user if the unsafe condition could be considered dangerous to the life,health or safety of any person. —2— 2.Service may be discontinued after notice to the user if service to his equipment is detrimental,in the opinion of the Department,to service to other users served by the Department. 3.Service may be discontinued for nonpay ment of pastdue service accounts after -—-aeu-rs’notice to the user. 4.Consumer shall not connect any energy consuming appliance or device on the Department’s side of a meter nor tamper or otherwise interfere with the proper operation or registration of Department’s meter or permit others to perform such connection,interference or tampering and for ViOlation of this regulation, service shall be disconnected without notice and will not be reconnected until consumer shall have paid an estimated service bill for the period during which such violation existed and shall have installed standard service entrance wiring in accordance with the prevail ing requirements Of the ordinance of the Town relating to electrical installations,inspections,licensing, permits and regulations. In the event of disconnection by the Town for any of the foregoing causes,and after evidence is submitted that the cause for disconnection has been corrected,electric service may not be restored until payment of a combined disconnection and reconnection fee of $5.00. 7.3—5 Service Contract •a.Application; The original service connection at any location under any schedule of rates shall be preceded by a signed applica tion for service at the office of the Department on forms pro vided by the Department which include the adoption of these rules and regulations and which,when approved by the Department,shall constitute a contract between the user and the Department under which the user agrees to pay the Department for service rendered in accordance with the applicable rate schedule including any special rules and regulations appertaining thereto.The resulting contract may not be assigned without the approval of the Denartment. The Department may require the owner of the premises receiving electric service to sign the application for service.A separate application will be required for service under each applicable rate schedule. The Town will noconnect an applicant for service,or a contractor representing the applicant until the signed contract anc any applic able charges or deposits haye been received. Where a user desires service at more than one point of delivery,exceping where loads cannot otherwise be satis factorily supplied by the Department,separate applications shall be made for each point of delivery and meter readings under the same rates shall not be combined for billing purposes. No promise,agreement or representation of any employee of the Department shall be binding upon the Department, unless the same shall have been incorporated in the application and contract for service. —3— •.•.0 b.Service Deposits: /The Department may,at ani!time,require that the user maintain a deposit with the Department of a sum not exceeding an estimated 90 days’bill or a satisfactory guarantee of the pay ment be made for service for a like period.Such deposits will not be considered as advance payment for service bills and will be applied as credits to users’accounts only after service has been discontinued.In the event any person is in arrears to the Depart ment for electric service,satisfactory arrangements must be made for paying for the old accounts in full before any appli cation for new service will be approved. The Department may return deposits at any time and will return such deposits upon discontinuance of service after withholding therefrom payment for unpaid charges or bills for service.Deposits will be returned only after properly endorsed receipts for such deposits have been delivered to the Depart merit.Jv/rez1 tt’,//e /Jt 1Y7, c.Selection of Rates: The Department will,if desired,assist the pros pective consumer in selecting the rate for service best suited for his requirements.The consumer shall be responsible for the rate schedule selected or under which service has been used and his use of service and payment therefor shall be in accordance with the provisions thereof.If a consumer desires to change the rate under which electric service is rendered,a new application for service shall be made. 7.3—6 Metering and Billing a.Metering of Service: The consumer will provide at his expense and in connection with his wiring,suitable mounting space or enclosure for the installation of metering equipment in accordance with the ordinances of the Town relating to electrical installations, inspections,licensing,permits and regulations.The Department will own and maintain metering equipment suitable and necessary for measuring the electric energy supplied.Service supplied under each electric rate schedule shall be separately measured and billed for. With the exception of service to adjoining properties owned and controlled by the user as a single commercial or business enterprise,service to the same consumer at different locations will necessitate separate applications for metering and billing. Where electric service is furnished under more than one rate schedule to a user at one location,such service shall be delivered at the same point of delivery. Service will be supplied and metered at the secondary voltages listed under “Service Available”preceding unless pro vided otherwise in the rules and regulations pertaining to individual rate schedules. Meters shall be located outdoors on all new installations or where changes are made.Meters shall be of the socket type using sockets furnished by the Department or located in enclsures approved by the Department. -4- b.Accuracy of Meters: /All meters measuring electric service will be checked for accuracy before installation and periodically there after.Meters will be considered accurate which measure within 2%plus or minus true reading at full load and within 2%plus or 3%minus at 10%full load.No meter shall.be kept in service which i’egisters under no-load conditions.-, c.Billing Period: Except as herein provided,meter reading will be accomplished as nearly as practicable on a 30 day or monthly basis and bills for service will normally be rendered 20 days after meters are read.Bills for payment become delinquent within 10 days thereafter and the service subject to shut-off as pro vided under “Discontinuance by Town.”If the Department is unable for any reason to gain access to read any meter,the consumption shall be estimated based upon past usage.- Having in mind the seasonal nature of use by some users,principally residential,the Town reserves the right to render monthly bills during periods of the year on a minimum basis only and all billing for energy consumed during such periods may be accumulated.The Town may at any time pro-rate the accumulated con sumption equally to the months covered by such period and bill for such consumption if in excess of the monthly minimum of the schedule. d.Errors: The Department will use all reasonable means to avoid billing errors and will as soon as any error is discovered rebill for the correct amounts whether this involves additional payment by the consumer or credit to his account by the Department, regardless of the time periods involved.Payments due the Depart ment for such errors shall be collected in the same manner as payments for regular bills for service. Incorrect billing due to faulty meter measure ment beyond the accuracy limits hereinbefore stated shall be corrected by revised billing based upon corrected readings for a period during which the meter inaccuracy existed but in no event for a period longer than one year.Bills for corrected usage shall be due and payable in the same manner as regular bills for service. e.Diversion of Electric Energy: In any case where energy consuming devices or equip ment are connected ahead of the meter or there has been any tamper ing with or connections to the Department’s distribution system or any tampering with the Department’s meter including breaking of meter seals which would make possible or result in the consumption of electricity not registered on Department’s meter,consumer shall be liable to immediate discontinuance of service and to prosecution under applicable laws. The installation of a check meter by the Depart ment and registration on this meter at a greater rate than on the regular meter,after both meters have been tested and found accurate, shall be considered direct evidence of such diversion of electricity. —5— I’ In the event of such diversion of electricity, the Department shall be entitled to collect from consumer at the appropriate rate for all additional power and energy estimated by the Department which was not registered on the meter because of such diversion of electricity and also for all expenses incurred by the Department on account of such unauthorized act or acts. Further,service will not be reconnected until the consumer shall have installed such entrance and service equipment as is necessary to prevent further diversion of electricity. f.Gratuities: Inspectors,agent and employees of the Department are forbidden to accept any personal compensation or gratuities from consumers. 7.3—7 Town’s Facilities a.Continuity of Service: The Department will endeavor to furnish and supply, but does not guarantee,uninterrupted electric service.The Department will not be liable for iiiterruptions due to maintenance functions considered necessary or to causes or contingencies beyond the control of the Department including but not limited to accidents, breakdown of equipment,acts of God,floods,storms1 fires,strikes, riots,wr or authority and orders of Government,or for disconnec tion because of unsafe wiring,operation of equipment detrimental to other users,nonpayment of bills for service or diversion of electricity..The Department shall also be not liable,for any injury,loss or damage occasioned by any interruptions arising from the foregoing causes.Such interruptions shall not relieve the consumer of payments for service under applicable rate schedules. -b.Voltage Regulation: The Department shall be diligent in providing electric service with reasonable voltage variations where consumer’s appliances and equipment do not\result in large load variations such as may be produced by starting motors,X—rays,welders,etc. c.Ownership of Transformers: Generally the Department will install,own and maintain all transformers required to deliver service at the Depart ment’s standard secondary voltages.Where secondary service is metered on the primary side of the Department’s distribution trans— formers,2%of the bill for service shall be deducted and if con sumer shall take service at primary voltage and own the transformers and sub—station converting to the secondary voltage,an additional 2%shall be deducted. Under schedules of rates for primary service and where secondary service is delivered or metered at secondary voltage, correction factors shall be applied as provided under applicable rates. d.Service Loops: Except in unusual cases only one service ioop shall be connected to a single premise or property.If more than one service ioop is installed,it shall be connected to the same general delivery point to facilitate disconnection of the property —6— o in the event of fire or other emergency..Where practicable all service loops shall be installed from Department’s secondary dis tribution at the rear of any lot or premise.If the property of the consumer does not abut on the right of way of the Department’s distribution system,it shall be the consumer’s responsibility to provide adequate easements or bring his wiring to a point designated by the Department,without service drop trespass upon other property. e.Attachment to Poles: Attachments to Department’s poles or lighting standards will not be permitted except upon specific written authority of the Department.The attachment of radio or TV antennae is specifically prohibited.Attachments of communications circuits such as telephone or community antennae systems may be made pro vided a joint use contract has been entered into between the Department and those desiring to make such attachments. f.Tree Trimming: The consumer shall permit the Department to trim the limbs and tops of trees to the extent that such trimming shall be reasonably necessary to avoid interference with the Department’s lines on consumer’s property.The consumer shall be responsible for such trimming of trees as may be necessary to avoid inter ference with Department’s service wires running from the Depart ment’s ditribution poles to the point of delivery on consumer’s premises. g.Shortage of Electricity: The Department will make every reasonable effort to furnish a continuous supply of electricity to meet demands. However,should shortages occur by reason of acts of God or causes beyond the immediate control of the Department,the Department shall have the right to grant preference to those services which in its opinion are the most essential to the public welfare.The Depart— merit shall not be held liable for monetary loss of business from shortages in supply of electric energy. h.Liability: All installations of wire,meters,transformers or other materials or equipment made by the Department at its expense shall remain the property of the Department and shall not be tampered or interfered with directly or indirectly by the con sumer or any other unauthorized persons.The consumer shall be liable for any damage or loss to Department’s property or injury to the Department’s employees through such unauthorized tampering or interference. 7.3—8 Consumer’s Use and Facilities a.Consumer’s Installation: Before acquiring motors or other electric energy consuming devices or providing for the installation and electric wiring for same,the usetor prospective user of electric service shall notify the Department in ample time of its intent to ascertain if such motors or devices may be connected to the Department’s system under Department’s rules and regulations governing electrical —7— C . C installations and if the Department has electrical service of the desired phase, voltage and capacity available therefor or whether extensions and improvements of the Department’s system will be required,and for the estabiis;:ent of points of delivery for service and meter locations. Electric service will be delivered to the consumer at one point of delivery for each location,such point of delivery to be.designated by the Department.Only authorized employees of the Department shall be permitted to make and energize the connec tion between the Department’s service wire and consumer’s service entrance conductors. The costs incurred by the Department through any changes in point of delivery and/or in the location of the Depart ment’s meters necessitated by changes on consumer’s permises shall be subject to reimbursement to the Department by the consumer. All energy consuming equipment of the user and all wiring therefor on the user’s side of the point of delivery will be furnished,installed,owned and maintained at all times by the user in conformity with applicable electric codes and in conformity with the Town’s rules and regulations pertaining to electrical installations,inspection,licensing,permits and regulations and also to the rules and regulations of the Electrical Inspector. Where service is supplied at primary voltages, the consumer shall provide,own,operate and maintain all facilities beyond the point of delivery at the end of the primary service unless specific arrangements are made to the contrary. If consumer desires electric service at voltages, either primary or secondary,other than those available from the Department’s distribution system,the consumer shall furnish,own and maintain all special transformers and special control arid wiring occasioned thereby.If special metering shall he required in such cases,the costs thereof shall likewise be oaid by the consumer.Such metering equipment,however,shall be and remain the property of the Department and will be tested and maintained by the Department. Where consumer has connected equipment,the operation of which is detrimental to service to other users served by the Department and where the consumer desires to continue the operation of such equipment after steps are taken,as approved by the Department,to install motor generators,isolation transformers or transformer and/or line capacity beyond that normally required in order to eliminate the detrimental effect upon other consumers and where such remedial measures involve expense on the part of the Department,all such costs shall be reimbursed by the user.Where the consumer’s demands are measured in such cases,the Department may determine the billing demands on shorter inter vals than fifteen minutes regardless of regular provisions in individual rates pertaining to the determination of billing demands. At the request of the Department,the consumer will furnish and maintain indoor or underground space and facilities for the installation of the Department’s transformers and other equipment necessary to properly render electric service to consumer. —8— L P 5.Easements: By making application for electric service the consumer agrees to grant or arrange for an easement on consumer’s property for the installation, operation and maintenance of electric lines,wires and other equipment of the Department necessary to render service to the consumer.When requested by the Department the consumer shall without expense to the Department make or procure conveyance to the Department of satisfactory rights-of-way easements across the property owned or controlled by the consumer for the DepartmentTs lines or ex tensions thereof necessary or incidental to the furnishing of service to the consumer.If such installation must be made on or over the property of a third party it shall be necessary for the consumer to obtain an easement for the De partment from the third party before the installation can be made and service rendered. If after service is originally rendered,the consumer should divide his property in such a manner that part of it no longer has access to the rightsof way of the Department’s distribution system,the consumer shall reserve an easement for the benefit of the Department so that the Department may render electric service to such isolated part when iesired c.Right of Access: Authorized employees of the Department shall have the righc of access to consumer’s premises at all reasonable times for the purpose of inspect ing,repairing,replacing or removing department owned equipment.The consumer shall provide a means of ingress and egress through locked gates by providing suitable means for a Department lock to be installed on said gate. d.Foreign Power:- The consumer shall make exclusive use of service provided by the Department and no other source of electric energy shall be connected to any installation which in turn is connected to the Department’s electric distribution system.This does not preclude the use of emergency generating systems owned by the consumer provided siithing arrangements are installed to prevent the possibility of the emergency generator and the Department ser vice being connected to the load simultaneously.The manner of connection of any emergency generating system must be approved by the Department prior to use. e.Resale of Electricity: Electric service will be furnished for the sole use of the consumer at the premises designated in the service application and contract and the consumer shall not directly or indirectly sell or otherwise dispose of such service to any other person or persons..The Department reserves the right to refuse to furnish electric service to any consumer where such service is to be resold to others.In the event that such resale comes to the attention of the Department,the Department shall have the right to either discontinue service to the consumer or to furnish service directly to the suliconsumer. f.Load Balance: Where secondary electric service is used the consumer shall connect his equipment to balance his electric loads as follows: —9— With single-phase 3—wire,the current carried by the neutral shall be not more than 15%of the current in either of the othar wires. With three—phase 4—wire wve or 3—wire delta, the load in any phase shall be not greater than 15% more than the load in either of the other two phases. -With combination 4—wire delta the single— phase loads and the three—phase loads shall each be balanced as provided foregoing. g.Power Factor: Consurner shall at all times maintain a power factor .as .near unity as practicable and never lower than 85% lagging.Luminous electric discharge tubes or other loads having inherent low power factor hall at all times be provided with effective power factor correction equipment such that the power factor resultant from such energy use will not be less than 85%. Where such power factor correction equipment is used1 the consumer shall install disconnecting or controlling equipment as needed to prevent excessive voltage variations on Department’s system. h.Demand —Motor Limits: Single—phase,fractional horsepower motors may be used on residential or business service.However,motors served at a nominal voltage of 120 shall not have locked rotor starting current in excess of 20 amperes.Single—phase,fractional horsepower motors having locked rotor currents in excess of the foregoing limits at 120 volts must be operated from bircuits having a nominal voltage of 240. By special authorization of the Department, single—phase motors of greater than fractional horsepower may be operated..on service to residential and business users,depending upon motor and load characteristics including starting frequency, and capability of Department’s electric system serving the load. Approval of the Department must be obtained before installation of any such motors and such approval will be valid only for specific locations. Single phase 240 volt motors up to a maximum rating of 5 -horsepower may be operated under the Schedule #4 Commercial Lighting-General service rate.As a protection to service and equipment,the installation of single phase motors of 5 horsepower shall have the approval of the Department and shall have such characteristics,or be equipped with a starter of such de sign,that the instantaneous current will be limited to 300 of normal full load current. Upon Department approval for specific locations,three phase -—--motors up to 200 horsepower may be supplied under Schedule #6 Secondary Power Service,provided such motors have been manufactured in accordance with NENA Standards and further provided that suitable protection equipment and devices have been installed.Under some conditions the Department may require the in stallation of reduced voltage starting equipment.Such equipment may be re quired where in the opinion of the Department the starting frequency adversely affects service being rendered other consumers. l0- 0 i.Welders -x-rays: Subject to the approval of the Department,use of single phase induction type welders will be permitted at specific locations under the resi dential and business service rate schedules on secondary service providing e quate transformer and distribution capacity is available.Welders with an input exceeding 40 amperes at a nominal 240 volts or 20 amperes at a nominal 120 volts will not be approved for use under these secondary schedules.Welders exceeding the foregoing current limitations may be served under Schedule 4,Commercial Lighting-General service,upon approval by the Department. If consumer’s load is of an intermittent or fluctuating char acter or reflects frequent starting with high current inrush,the Department may consider the billing demand under demand type rates as the maximum amount of power used at any time or may add to the measured demand of the steady load up to 50°1,of the maximum fluctuating load or may determine the extra demand from either the nameplate data of the equipment or by the kva of extra transformer capacity necessary to supply the fluctuating loads. j.Indemnity to Town: The Town shall not be held responsible for any injury to persons or damage to property occasioned or caused by the acts,omissions or negligence of the consumer or of any of his agents,employees or licensees in installing or maintaining, operating or using any of the consumer’s lines,wire,equipment, machinery or apparatus and for injury and damage caused by defect in the same.The consumer shall hold the Department harmless and indemnify it against any and all claims and liability for injury to persons or damage to property when such damage or injury results from or is occasioned by the facilities located on the consumer’s side of the point of delivery unless caused by the negligence or wrongful acts of Department’s agents or employees. —11— * 7.4 Rate Schedules.The following schedules of rates for the service of electric energy by the Town of Estes Park are hereby fixed and adopted and shall remain in effect until repealed or amended. 7.4—1 Rate No.1 RESIDENTIAL SERVICE Applicability: Applicable in Estes Park service,territory. Availability —Single—Family Basis: This schedule is available to residential consumers for all domestic users in single-family private dwellings or individually metered apartments and is not availablc for resale service. Rate: The first 50 kwh per month $3.00 The next 50 kwh per month,per kwh .04 The next 200 kwh per month,per kwh .02 All additional kwh used per month,per kwh @ .....015 Minimum —Net minirtium charge per meter per month ..3.00 Availability —Multi-Family Basis: The foregoing rate schedule is also available for multi family residential use by multiplying the blocks of the rate and the minimum by the following factors: Two units 1.9 Three units 2.7 Four units 3.4 Five units 4.1 More than 5 units, add 0.7 per unit Payment: The above rates are net.Bills for electric service are due and payable within ten (10)days from date of bill. Contract Period and Conditions: All contracts under this schedule shall be for a minimum period of 12 months and thereafter until terminated,where service is no 1ongr required,on three days’written notice. —12— 7.4—2 Rate No.2 COMBINED RESIDENTIAL AND WATER HEATING Applicability: Applicable in Estes Park service territOry. Availability —Single—Family Basis: This schedule is available to residential consumers for all domestic uses in single—family private dwellings or indivi dually metered apartments,metered through one meter,where in addition to the use of lighting and household appliances, the consumer installs and uses for all his water heating requirements a solidly connected electric water heater.This schedule is not available for resale service. Rate: The first 50 kwh per month $3.00 The next 50 kwh per month,per kwh ©.04 The next 150 kwh per month,per kwh ©.02 The next 250 kwh per month,per kwh @ .0125 All additional kwh used per month,per kwh ©..015 Minimum —Net minimun charge per meter per month 3.00 Availability —Multi-Family Basis: The foregoing rate schedule is also available for multi family residential use by multiplying the blocks of the rate and the minimum by the following factors: io units 1.9 Three units 2.7 Four units 3.4 Five units 4.1 More than’5 units,add 0.7 per unit Payment: The above rates are net.Bills for electric service are due and payable within ten (10)days from date of bill. Contract Period and Conditions: All contracts under this schedule shall be for a minimum period of 12 months and thereafter until terminated where service is no longer required on three days’written notice. This rate is not available to hotels,motels,clubs,hospitals, rest homes or similar uses. This rate shall be applicable only where all of the water heating requirement is provided with automatic storage type water heaters. Service for water heating may be limited to off-peak hours as deterridned by the Town.The off—peak hours,subject to change at the option of the Town,shall not total less than 18 hours per day. —13— Control equipment for automatically limiting the use of service for water heating to off—peak hours may be furnished by the Town for all electric water heating installations but shall be installed by consumer’s electrical contractor at consumer’s expense.All control equipment shall be sealed and controlled by the Town. Water heaters shall be of a two—element storage t”ipe approved by the Town.Each element shall be non—inductive and shall be connected through a separate thermostat.The capacity rating of the lower and upper units shall be 20 and 30 watts per gallon,respectively,to the nearest NEMA Standard. Water heaters of the quick recovery type shall be 40 gallons or larger and the capacity rating of each of the lower and upper elements shall not exceed 5,000 watts.The upper thermostat and element shall be interconnected with the lower thermostat and element to allow operation of only one element at the same time.The lower,or base,element shall be placed so as to heat the entire tank and the upper,or booster, element shall be placed so as to heat not more than the upper one—third of the tank. 7.4—3 Rate No.3 ALL-ELECTRIC RESIDENTIAL SERVICE Applicability: Applicable in Estes Park se±vice territory. Availability —Single—Family Basis: This schedule is available through a single meter for residential electric service for all domestic purposes in single—family private dwellings or individual apartments where electricity is the sole source of ene2.gy for space heating,cooking and water heating.Air conditioning use is permissible under this rate.This schedule is not available for resale .service. Rate: The first 100 kwh per month $5.00 The next 150 kwh per month,per kwh @ .02 The excess kwh per month,per kwh ©.0125 Minimum per month 5.00 Availability —Multi—Family Basis: The foregoing rate schedule is also available for multi family residential use by multiplying the blocks of the rate and the minimum by the following factors: Two units 1.9 Three units 2.7 Four units 3.4 Five units 4.1 More than 5 units,add 0.7 per unit Payment: The above rate is net.Bills for electric service are due and payable within ten (10)days from the date of bill. —14— ‘7 Contract Period and Conditions: All contracts under this chedule shall be for a minimum period of 12 months and thereafter until terminated where service is no longer required on three days’written notice. This rate may not be applied to hotels,motels,clubs, hospitals,rest homes or similar uses. Electric space heating units or electrically operated central year—round air conditioning equipment shall be the sole means of heating the dwelling unit.Fireplaces using wood for fuel are the only suoplementary heating source permitted.The electric water heater shall be the exclusive source of hot water. The Town shaU be advised as to the impending installation of the electric space heating equipment in advance in order to determine if extensions of,or additions to the Town’s facilities will be required and to allow arrangements there fore,and to determine the available voltage at the consumer’s installation. Each space heating element over 1650 watts shall be indivi dually controlled by a thermostat.No single space heating element shall have a rated capacity greater than five kilo— watts.No thermostat shall control more than five kilowatts. Water heaters shall be of the two—element storage type approved by the Town.Each element shall be non—iflductive and-shall be controlled by a separate thermostat.The capa city rating of the lower and upper units shall be 20 and 30 watts per gallon,respectively,to the nearest NEMA Standard. Water heaters of the quick.recovery type shall be 40 gallons or largerand the capacity rating of the lower and upper elements shall not exceed 5,000 watts each.The upper thermo stat and element shall be interconnected with the lower thermo stat and element to permit operation of only one element at the same time.The lower,or base,element shall be placed so as to heat the entire tank and the upper,or booster, element shall be placed so as to heat not more that the upper one-third of the tank. 7.4-4 Rate No.4 CONIRCIAL LIGHTING -GENEPL Applicability: Applicable in Estes Park service territory. Availability: This schedule is available for business lighting and small power use including only single—phase motors not exceeding five (5)horsepower in size.All service will be supplied only through a single meter.This schedule-is not available for resale service. Rate: For all energy used between meter readings taken on or about Ifay 20th to September 20th - —i — 0,0 First 35 kwh used per month .$3.00 The next 165 kwh used per month,per kwh ..07 The next 1800 kwh used per month,per kwh .045 The next 3000 kwh used per month,per kwh @ .025 All additional kwh used per month,per kwh .0175 For all energy used between meter readings taken on or about September 20th to May 20th — First 40 kwh used per month $3.00 The next 160 kwh used per month,per kwh ..045 The next 800 kwh used per month,per kwh @ ..025 The next 2000 kwh used per month,per kwh .02 All additional kwh used per month,per kwh .0175 Minimum: Net minimum charge per meter per month.$3.00 Payment: The above rates are net.Bills for electric service are due and payable within ten (10)days from date of bill. Contract Period and Conditions: All contracts under this schedule shall be for a minimum period of 12 months and thereafter until terminated, where service is no longer required,on three days’written notice. The foregoing provisions of this schedule are subject to the definitions,terms and conditions of the General and Business Lighting Schedule Rules and Regulations made a part hereof by reference theret. Energy supplied for business lighting,incidental power and miscellaneous uses will be approximately 60 cycle,single— phase alternating current,120—volt,two-wire or 120/240 volt,three—wire service.Single-phase motors with “locked— rotor”values in excess of twenty amperes shall not be used on 120—volt service.Single—phase motors in excess of 5 horsepower shall not be used on 24.0 volt service. Luminous electric discharge tubes or other equipment of inherently low power factor characteristics shall,at all times,be provided with effective power factor correction such that the power factor of customer’s electric service shall not be less than 85 per cent. 7.4—5 te No.5 CONMERCIAL WATER HEATING Applicability:. Applicable in Estes Park service territory. Availability: This schedule is available for electric water heating service for commercial users where such service may be rendered —16— without additional distribution system investment by the Town.This schedule is not available for resale service. Rate:/ All kwh used per month,per kwh @ $.015 Minimum: Net minimum charge per month 1.25 Payment: The above rate is net.Bills for electric service are due and payable within ten (10)days from date of bill. Contract Period and Conditions: All contracts under this schedule shall be for a minimum period of thirty days and thereafter until terminated,where service is no longer required,on three days’written notice. Water heating equipment’shall be connected by a separate circuit enclosed for its entire length in rigid metal conduit or armored cable.No equipment,except approved water heaters,shall be connected to such circuit.The Town will install a separate meter to measure the energy used for water heating under this schedule.Service for water heating may be limited to off-peak hours as determined by the Town.The off—peak hours,subject to change at the option of the Town,shall not total less than 18 hours per day.Control equipment for automatically limiting the use of service for water heating to off—peak hours may be furnished by the Town for all electric water heating installa tions but shall be installed by consumers electrical contractor at consumer’s expense.All control equipment shall be sealed and controlled by the Town.Water heaters shall be of a two—element storage type approved by the Town.Each element shall be non—inductive and shall be connected through a separate thermostat.The capacity rating of the 1oer and upper units shall be 20 and 30 watts per gallon,respectively, to the nearest NEMA Standard.Water heaters of the quick recovery type shall be 40 gallons or larger and the capacity rating of each of the lower and upper elements shall not exceed 5,000 watts.The upper thermostat and element shall -be interconnected with the lower thermostat and element to allow operation of only one element at the same time.The lower,or base,element shall be placed so as to heat the entire tank and the upper,or booster,element shall be placed so as to heat not more than the upper one—third of the tank. 7.4—6 Rate No.6 SECONDARY POWER AvaIlabilIty: Available throughout the entire territory served by the Town of Estes Park for three—phase power service,where available, at the voltage of the Town’s existing distribution,for loads aggregating in excess of 10 kw.Single—phase power loads —17— .0 may be used from this service.The customer will provideanynecessarytransformerstoadapttheservicevoltagetocustomer’s requirements. Rate —Per Month: First 20 kwh per kw of billing demand but not less than 200 kwh,per kwh $.05 Next 40 kwh per kw of billing demand but not less than 2O-kwh,per kwh .04 Next 100 kwh per kw of billing demand but not less than 1000 kwh,per kwh .03 All additional kwh,per kwh .025 Determination of Billinq Demand: The billing demand,which in no eveit shall he takan as less than 10 kw,nor less than 75%of the manufacturer’s rating of largest motor connected,shall be determined at the option of the Town,by either of the following methods: 1.Connected Load Basis: The following percentages of the total connected load shall determine the billing demand.For installations of a.One motor 100% b.Two motors 80% c.Three motors 70%- d.Four motors 60% e.Five motors 50% f.Six or more motors 45% Provided that motors of less than one horsepower rating and miscellaneous appliancds of less than 1000 watts shall not be counted as motors ix the determination of the above percentages but shall be considered as part of the total connected load. 2.Measured Demand Basis: The contract kw shall be taken aS the measured demand, determined by suitable meter measurement,but shall in no event lie less than 30%of the total connected load. Minimum: The monthly minimum per kw of billing demand*.$1.00 But not less than 10.00 All contracts under this schedule shall be for a minimum period of three months and thereafter until terminated, where service is no longer required,on thirty days’ notice.* *Subject to special provisions of Extension Policy. Rules and Regulations:- The above provisions of this sdhcdule are subject to the definitions,terms and conditions of the General and Power service rules and regulations made a part hereof by refer ence thereto. —18— *o. 7.4—7 Rate No.7 LA RGE COMBINED LIGHT A ND POWER Applicability: Applicable in Estes Park service territory. Availability: This schedule is available on an optional basis for suplying all of the electric lighting and power requirements of a consumer through a single meter and not for stand—by or for resale to others.Service underthis schedule is available at three—phase at the established voltage of either the Town’s primary or secondary oistriurion system. Rate: The first 100 kwh per month per kw of deman, but not less than 10,000 kwh per month ner kwh ..$.03 The next 100 kwh per moith per kw of demand, but not less than 10,000 kw’n per month er kwh ®..02 The excess kwh used per month,er kwh .008 Minimum: The minimum charge per meter per month shall be not less than $240.00 per month nor $1.00 per kw of billing demand,whichever shall be the greater. Payment: The foregoing rate isnet.Bills for electric service are due and payable within ten (10)days from date of bill. Contract Period and Conditions: All contracts under this schedule shall be for a minimum period of 12 months and thereafter until terminated where service is no longer required on ten (10)days’written notice..- The billing demand shall be determined by suitable meter measurement of the highest fifteen—minute integrated demand occurring during the monthly billing period,provided that it shall be not less than 70%of the highest billing demand occurring during the preceding months of June through and including September.The consumer shall be required to properly balance his loads. If the power factor during the time the billing demand is established faIls below 85%lagging,adjustment may be made by increasing the nèasured demand for each month by 1%for each 1%or major fraction thereof by which the power factor during the billing period is less than 85%lagging. The foregoing schedule shall be net where service is metered at the primary voltage of the distribution system and consumer —19— owns and maintains transformer equipment.Where service is metered under this schedule at secondary voltae,an additional charge shall be made each month of Z%of the bill for service.Where service is taken at the Towns established secondary voltage and the Town furnishes the transformers and substations converting to •secondary voltage,an additional charge shall be made of 2%:of the monthly bill. 7.4-s Rate No.8 ELECTRIC BATES -STREET LIGHTING URBAN pp1icability: Applicable in corporate limits of Estes Park. Availability: Available for municipal street,park lighting and public buildings. Rate:(net) Metered Service All kwh used per month,per kwl $0.01 7.4—9 Rate No.9 (Reserved for future filing) 7.4—10 Rate No.10 (Reserved for future filing) —20— p. 7.5 Extension Policies.Whenever one or more applicants request retail electric service at premises not connected to the Town’s distribution system or request an increase in service to premises already connected where such increase necessitates addi tional investment,the Town,after consideration of the applicant’s requirements,shall designate the service requested as “permanent, “indeterminate,”“seasonal,”or “temporary,”in accordance with the following classifications.The extension will then be designated under the provisions of the Town’s Line Extension Plan applicable to such service. a.Permanent Service Service to domestic or small commercial customers where the use.ofservice both as to amount and permanency,can be reason ably assured and electric energy will be used for a period of not less than nine months of each calendar year. b.Indeterminate Service Service to domestic,including summer cottages and cabins, real estate subdivisions and development of property for re.ale, commercial users,including cottage camps and boys and girls camps, service for pumping and other agricultural purposes,where the use of such service cannot be reasonably assured as to either the amount or permanency. c.Seasonal Service Service,both domestic and commercial,where use of electric energy can reasonably be expected to be less than nine months of each calendar year. d.Temporary Service Use of service for costruction or other purposes not to exceed a twelve month period.Service under this classification to be accompanied with signed agreement as to use and duration. In all cases the faci].ities so provided shall be con structed in accordance with the Town’s standard specifications and shall be the Town’s property up to the point of delivery specified in the Town’s rules and regulations applicable. In unusual circumstances where,because of the application of the terms of this policy,either the applicant or the town would be unduly burdened;or,where the extensions are deemed necessary or desirable for the development or protection of its territory; or,where resale or wholesale customers are involved,the Town reserves the right to deal with such unusual situations independently on their own merits and without reference to the provisions of this policy. The Town may establish special rates for service from an extension providing for the payment of either a fixed charge per customer in addition to the general rates applicable,or a special minimum in case a fair return on the Town’s investment is not anticipated. —21— 0.H ?ll electric line exension construction shall conform to prevailing standards,Dacd on pcscnr—oay construction mernoos and practices and shall conform to all sa.Eety recruirements,the worfl being done in a safe and workman±;ie manner.The estimated cost,which snail include cli.materiai,iãtor,engineerIng,rights— of—way,tree trimming,incidental and overhead exenses necessary to protect the Town’s existing system so as to adecuately supply the required electrical service,shall be based on said standards. but in addition shall include special allowance for items which may be required to meet local construction conditions.Discretion as to character of.construction,the capacity required and the route selected for an extension shall rest with the Town. applicant snail execute Town s stancaro rIgnt agreement granting rree 01 cnarge to tne Town,suca rights ot way across applicant’s premises as may be required for poles,anchors, and other construction work necessary for rendering the service requested by applicant. Date of service shall be declared as date applicant first receives service under classification requested by the applicant. Where there is more than one consumer on an extension, the guarantee of each individual customer may e cetermined by any method satisfactory to the consumers,or may be determined by tne Town in general proportion to ce cost ot construction necessary to serve each consumer. In all cases where additional ccnumers desire service from an extension already built,and an oren contract,the amount of guarantee necessary ana its apportionment among consumers snall be adjusted on the basis of existing and proposed new consumers. If the addition of new consumers reduces the guarantee racuired of existing consumers,advanced construction aeposirs made y new consumers will be credited to existing consumer’s accounts n .irect proportion to the amount originally advanced.if the inclusion of new consumers increases the amount of guarantee recuirea os existing consumers,the extension necessary zor the new consuTrers will be calculated separately as a new extenscn ama accord;ng to provisions in preceding paragrapns. Temporary. The following requirements apply to all extension or construction expenditures necessary to serve consumers sucn as transient shows,carnivals,fairs,circuses,concessions,con struction works or other of a temporary nature and other rojects which in the judgment of the Town are of doubtful financaI feasibility. The consumer or consumers shall be required to advance the entire estimated cost of the construction,znciuding guLl cost of all material and equipment. The consumer shall pay for electric service under the regularly filed rates applicable. Upon the discontinuance of the use of service the salvage value of the material and equipment recovered,less the labor and expense required in dismanUing the same,wiii be refunded to the consumer. —22— 0 Line Extension Policy -Overhead Lines. Plan A -Construction Contribution (Lump Sum Charge) Service where construction cost per service connection does not exceed $50.00 including the cost of transformers,protective equipment and service loops. 1.Applicable to domestic and small commercial installations where service capacity is available for extensions of Department’s established electric distribution system. 2.The consumer shall pay to the Town an amount of $25.00 per service connection as a contribution to construction. Plan B -Construction Contribution (Total Cost Charga) Service where construction cost per service connaction is more than $50.00 but does not exceed $100.00,including cost of transforras,protective equipment and service loops. 1.Applicable to domestic and commercial installations where service capacity is available for extensions o Department’s established dis tributions system,either seasonal,permanent or indeterminate. 2.The Department will require of the consumer or consumers an amount to equal to the actual cost of the extension to be known as a contri bution to construction. Plan C -Construction Deposit (Applicable to All Line Extensions Costing More Than $100.00) Where the cost of the construction per service connecticn will ex ceed $100.00,where service capacity is available for extensions of Department’s established electric distribution system,where the use of energy is indeter minate or seasonal. Applicant will agree: 1.To use the electric service requested and to pay the Town for same in accordance with the schedule of rates under the ruies and regulatiorrs applicable.A ‘AJt4, 2.To pay the Town at the timetof executing the a:tension con tract a cash fund to be known as a “C&ns-Eruc-t-on Dpos.i-t”in an amount equal to lO0 of the extension cost,including meters,transformers ana rocective equip ment allocated to applicant. 3.To advise Town in writing of any proposed assignment of the extension contract,giving name and address of the assignee,and to obtain Town’s approval before assignement is made. 4.To waive all right to further rebate of the construction de posit balance which may remain unrefunded after the extension is declared “closed” by the Town. 5.To execute Town’s rights-of-way agreement granting free of charge to the Town such rights-of-way across applicant’s premises as may be required for poles,anchors and other construction work necessary for rendering the service requested. Town will agree: 1.Upon acceptance of the extension contract by an authorized agent of the Town,to construct the required electric line facilities with reas onable promptness,to furnish the necessary meters,transformers and protective equipment,and take title to the entire investment. -23- 0 .1 2.To notify the applicant when service is available and supply he service requested under the rate schcd:le applicable. Disposition of Construction Deposit: 1.Refund of a portion or all of aoplicant’s construction deposit will be made for a period not exceeding five years from date of service,on the following basis: Twentyper cent of the amount paid annually by applicant for electric service from the extension will be set up as a credit to applicant’s account,following each subsequent anniversary date of the contract. 2.The total credit to the applicant shall not exceed the total amount of the construction deoosit. Information on Special Rates not inciuaec under LIne Extension Plans may be obtained at the Business cff ice o the Light and Power Department. Line Extension Policy —Street Lights. Extension of the street light system of the Town will be made in accordance with applicable ordinunces of the Town relating thereto. -24- Section 2.Except as herein specifically amended, Chapter 7 and all ordinances or parts of ordinances of the Municipal Code of the !Town of Estes Park relative to the Light and Power Department shall be and are hereby designated to remain in full force and effect and are hereby ratified,coniirued and approved. Section 3.The Board of Trustees hereby authorizes the Town Clerk and other officials of the Town to file with the Public Utilities Commission of the State of Colorado such docu ments and to take such action,including the employment of personnel nd the payment therefor,as may be required to obtain the aDproval of said Public Utilities Commission as may be required under the applicable law,but subject only to such jurisdiction as may exist in the Publc Utilities Commission relative to the matters herein stated.The rates ann rules and regulations set forth in this Ordinance shall be effective outside the boundaries of the Town of Estes Park upon the first billing after approval threof by the Public Utilities Commission and shall be effective within the boundaries of the Town of Estes Park no later than said date pro vided that the rates and rules and regulations may be made effective within the boundaries of the Town of Estes Park beginning with the billing period after the effective date of this Ordinance. Section 4.The provisions of this Ordinance are hereby declared to be severable,and ir any section,prors1on,or part thereof shall be declared unconstitutional or invalid,the remainder of this Ordinance shall continue in full :iorce and effect,it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been induced therein.It is rurther declarea that ir any pro vision or part of this Ordinance,or tifle application thereof to any person or circumstances,is held invalid,the remainder of this Ordinance and the application thereof to other persons shall not be affected thereby. Section 5.All ordinances or parts of ordinances of the Town of Estes Park or sections of the Municipal Code of the Town of Estes Park in conflict with the provisions of this Ordinance are hereby repealed.- Section 6.The Board of Trustees herewith finds, determines and designates that this Ordinance is necessary for the immediate preservation of the public peace,health and safety,and whereas in the opinion of the Board of Trustees an emergency exists,this Ordinance shall take effect and be in force five (5)days after its final passage,adoption and.publication. RONALD C.ERODIE,Mayor SEAL) ATTES46 Dale G.Hill,Town Clerk Published Nay .-6 ,1969. -25-