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HomeMy WebLinkAboutORDINANCE 126-50cj.0 ORDINANCE NO./2- AN ORDINANCE AZJNDING ORDINANCE NO.102,ENTITIJD “AN 0RDINA;:CE FIXING AND ADOPTING A SCIEDULE OF RATE$FOR TRE SERVICE OF ELECTRIC ERERGY BY TL1 TOWN OF ESTES PARK AND PRESCRIBING AID ADOPTING RIJLES AID REGULATIONS TIREFOR”,PASsED AND ADOPTED DECERRR l,19++ BE IT ORDAINED BY TIE BOARD OF TRUSTEES OF Ti-U TOWN OF ESTES PARR,COLORADO: /SECTION I.That Section 2 of Ordinance No.102, entitled “An Ordinance Fixing and Adopting a Schedule of Rates for the Service of Electric Energy by the Town of Estes Park and Prescribing and Adopting B.ules and Regulations Theref ortt, passed and adopted December 1,l9+,be and the same is here by amended to read as follows: Section 2.RULLo AiJ uLaTIOS 1.Application arid Contract for Service ADplication for service shall he made at the office of the Light and Power Department of the Town of Estes Park, on standard work order forms,which when signed by the applicant constitutes a valid request for Electric Service. 2.Customer Deposits The Department nay require of the consumer a cash deposit sufficient to cover ninety (90)days’estimated service bills or a satisfactory guarantee of the payment of such bills for a like period. Deposits will not be considered as advance payment for service bills and will be applied as credits to service accounts only after service has been discontinued. -Interest will be paid by the Department upon such deposits at the rate of per cent per annum,payable upon return of the deposit,or annually upon request of the consumor, for the time such deposit is held by the Department and the consumer is served by the Deaartment unless such period be less than six (6)months,providing that in computing interest no consideration will be given to fractional parts of months or dollars. 3.Service shut-off Service may be discontinued for non-payment of past due service accounts or for the violation of any other rule or regulation,upon written notice of forty—eight Q+8)hours, -1- advising the customer in What particular such rule has been violated and for which service will be discontinued.This notice may be waived where a by—pass is discovered on a con sumer ‘S meter or in the event of the discovery of dangerous leakage or short circuit on a consumer’s premises,or in the case of a consumer utilizing the service in such a manner as to make it dangerous for occupants of the premises,thus making immediate discontinuance of service to the premises imperative. +.Service Failures No liability shall attach to the Department for service failures caused by strikes,acts of God or unavoid able accidents or contingencies beyond its control. 5.Verbal Agreeuents No promise,agreement or representation of any employee of the Department shall be ainding upon the Depart ment,unless the same shall have been incorporated in the contract for service. 6.Right of Access The Department shall have the right to enter upon the premises of the consumer at all reasonable times for the purpose of inspecting,repairing,replacing or removing Department owned equipment. 7.Resale Service furnished hereunder is not for resale. 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,except upon special authority oi regulatory authorities having jurisdiction. 8.Service Standards Standard secondary service is alternating current, 60 cycle,single or three phase.Voltage characteristics will be in one of the following classifications depending upon con sumer location: (a)single phase,two or three wire, 120 -2+0 volts. (b)single or three phase. Standard primary service is alternating current,60 cycle,single or three phase,6900 volts. In special cases the regular rate schedules may, at the option of the Department,apply to other voltages, both primary and secondary. -2- • —: 9.Meters and Service Drovs The Department will furnish,install,own and maintain V the equipment to properly meter the service required in accordance with the Town’s exIsting line Extension Policy.Standard over head service drops from the supply lines of the Department to the preises of the consumer vdll be installed.In the event an underground service is desired by the consumer he shall pro vide,own and maintain it,although the service will be installed in accordance with prevailing requirements of the department.The service entrance wiring shall be brought to a point satisfactory to the Department and which may be reachod by the Department’s supply lines without service drop trespass upon other property. The meter loop wiring shall be such that each class •of service be measured in accordance with existing rates schodules for each class of service desiro4. The Departnent will not assume any responsibility with respect to the consumer’s vdring,or for damages to the consumer resulting from defective wiring.Service may be dis continued after due notice to the consumer,if wiring or equip ment is considered unsafe and will not be reconnected until the unsafe condition has been corrected. 10.Snace for Leters The conàumer will provide at his expense and in ,,t-connection with his wiring,a suitable mounting space or 17’inclosure for installation of the metering equipment in accordance with the prevailing requirements of the Department. 11.Ccnsumers Wirink The consumer shafl provide at his expense all inside wiring necessary for the proper utilization of the service. The Department will require that the service entrance wiring the meter “loop”and the service entrance switch be installe& in accordance with the prevailing requirements of the Depart ment.The service entrance wiring shall be brought to a point outside tho building which may be satisfactorily reached from the Department’s supply lines without service drop trespass upon other property.The meter loop tIring shall be such that a separate meter will measure each class of service required. 1 2.Attachments to voles Attachments to poles or lighting standards will not9/be permitted except upon specific authority of the Department.” SETflI II.That Section 3 of said Ordinance No. 1 102 be and the same is hereby amended to read as follows: —3— /-Th “Section 3.dXTZSICN POLICIdS—-GEhERAL PROVISIORS. Jhenever one or more applicants request retail electric service t premises not connected to the Town’s dis tribution system or request an increase in service to premises already connected where such increase necessitates additional investment,the Town,after consideration of the applicant’s requirements,shall designate the service requested as “Pcrm:nent”, “Indeterminate”,lTerorryhI,or “Seasonal”,in accordance with the following classifications.The 1xtension 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 snail Commercial customers where the use of service,both as to amount and permanency, can be reasonably assured and electric energy will be used for a period oî not less than nine months of each calendar 70 ar. B —Indeterminate Service Service to Domestic,including summer cottages and cabins,real estate subdivisions and dcvelopment of property for resale,commercial users,including cottage caaps and boys and girl camPs,service for lumeing and other agricultural purposes,unere the use o such service cannot be reasonably assured as to either the amount or permanency. C -Suasonal 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 construction or other purposes not to exceed a twelve month period.Service under this classification to be accoopanied with signed agreement as to use and duration. In all cases,the facilities so provided shall be constructed in accordance with the Town’s standard specifica tions and shall be the Town’s property up to the point of delivery specified in the Town’s Rules and Regulations apulicable. In unusual circumstances where,because of the appli cation of the terms of this ooiicy 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 customors are involved,the Tour1 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 jp customer in addition to the general rates applicable,or a special minimmm,in case a fair return on Town’s investment is not anticipated. _L_ .0 .0 Sj All electric 1mb extension construction shall con form to prevailing standards,based on present day construction methods and practices and shall conform to all safety require ments,the york toing done in a safe au!rorkmcnlike maimer. The estimated cost,which shall include all m:terial,labor, eaGmneerin3,.rights-of-way,tree tria’ring,incidental and over head expenses necessary to protect the Town’s existing system so as to adequately supply the required electrical service, shall be based on said Standards but in addition shall include special ailowance 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 extonsion shall rest with the Town. Applicant shun execute Town’s standard right-of-way agreement granting free of to Town such rights-of-tay 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 recuested by the anniicant. WLere there is more than one consumer on an extension, the guarantee of each individual consumer may be determined by any method satisfactory to the consumers,or may be determined by the Town in general propqrtion to the cost of construction necessary to serve each consuther. In all cases where additional consumers desire service from an extensIon alroa&y built,and an open contract,the amount of guarantee necessary and its apportionment among con sumers shall be adjusted on the basis of existing and proposed new consumers.If the addition of new consumers reduces the guarantee required of existing consumers,advanced construction deposits made by new consumers will be crodited to existing consumers’accounts,in direct roportionto the amount originally advanced.If the inclusion of new consumers increases the amount of guarantee required of existing consumers,the extension necessary for the new consumers will be calculated separately as a new extension and according to provisions in preceding paragraphs. Teworary The foflovdng requirements apply to all extension or construction expenditures necessary to serve consumers such as transient shorts,carnIvals,fairs,circuses,concessions,con struction r:orks or others of a temporary nature and other projects which in the judgment of the Town are of doubtful financial feasibility. The consumer or consumers shall be required to advance the entire estimated cost of the construction,in cltading full cost of all material and equipment. —5— 0 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 exoense required in dismantling the same,will be refunded to the consumer. TIiiLi I 1 PLAh A —Service where construction cost does not exceed %O.QO including the cost of transformers,protective equip ment and service loops. (1)Applicable to Domestic and small Commercial in stallations and available for extensions of DepartmentTs established electric distribution system. (2)The consurnur shall pay to ti;o Town an amount of 25.QQ as a contribution to construction.The cansurer would be under o obligation to the Department as to required use thereafter. PLAhB —Service where construction cost is more iCO but does not exceed lOO.OO,including cost of trans forrcers,protective equipment and service loops. (1)Applicable to Domestic and Commercial installa tions and available for extensions of Deoartment t established electric distribution system,either seasonal,permanent or indeterminate. (2)The Department will require,by written contract, of the consumer or consumers,a guarantee of the monthly minimum under the rate or rates applicable to the service furnished, for forty—eight consecutive months following establishment of service of the consumer.For this charge the consumer is entitled to the KW.H.consumption allowed under existing rate schedule applicable to the account,and according to the par ticular classes of service to be rendered. (3)These contracts shall be binding upon the successors in interest of the consumer or consumers. PIAP C -Construction Deposit Basis: Applicable to all Line Extensions where the cost of construction will exceed lOO.OO,and available for extensions of Department s established electric distribution system,where the use of electric current will be permanent,and used for not less than nine months of each calendar year. The following provisions shall apply only to ex tensions where the Town has received satisfactory assurance that the minimum annual revenue to be received continuously for a period of four years will be not less than 3O of the -a— Q investment required,and that the service is of such character as may be expected to be permanent and in such case the Town shall mahe the extension according to the following provisions: 1.When in the judgment of the Town the construction of the extension is economically feasible. 2.The consumer or consumers to be served by such an extensiDn shall guarantee to the Town an annual revenue of 30%of the cost of said extension for a period of four years, either by a cash deposit or other guarantee satisfactory to the Town,before the extension will be constructed. 3.when the revenue guarantee is made by cash deposit: All cash deposits made to the Town to guarantee the revenue shall be credited to the account of each consumer in the amount of his individual deposit,from which credit account shall be deducted each month the amount of the consumer’s bill for electric service,and this method shall be continued until the deposit is eithausted;provided,however,that said deductions shall not continue for more than four years,nor shall the deductions total annually less than twenty-five per cent (25%) of the total deposit. +.Vhere there is more than one consumer on an extension,the guarantee of each individual consumer may be determined by any method satisfactory tD the consumers,or may be determined by the Town in general proportion to the cost of construction necessary to serve each consumer. 5.In those cases where additional consumers desire service from an extension already built,the amount of guaranteed revenue necessary and its apportionment among consumers will be recalculated on the basis of existing and proposed new con sumers.If the addition of new consumers reduces the guar anteed revenue required to existing consumers,advanced deposits made by new consumers will be credited to existing consumers accounts,in direct proportion to the amount originally advanced.If the inclusion of new consumers increases the amount of guaranteed revenue required of existing consumers, the extension nocessary for the new consumers will be cal culated separately as a new extension according to the pro viions in the preceding paragraphs. PLA:D -Construction Deposit i3asis — Applicable to all Line Extensions where the cost of construction will exceed $100.00,and available for extensions of Deoartment’s established electric distribution system,where the use of energy is indeterminate 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 rules and regulations applicable. -7- 0 (2)To pay the Town at the time of executing the extension contract a cash fund to be known as a “Construction Deposit”in an amount equal to 100 percent of the extension cost,including meters,transformers and protective equipment 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 assign ment is made. (h-)To waive all right to further rebate of the Construction Deposit balance which nay remain unrefunded after the extension is declared “closed”by the Town. (5D To execute Town’s rights—of—way agreement granting free of charge to tiie Town such rights—of—nay 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 reasonable promptness,to famish the necessary meters,transformers and protective equipment,and take title to the entire investment. (2)To notify the applicant when service is avail able and supply the service requested under the rate schedule applicable. Disrosition of Construction Deposit: (1)Refund of a portion or all of applicant’s con struction deposit will be made for a period not exceeding five years from date of service,on the following basis: Twenty per cent of the amount paid annually by pp1icant 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 Deposit.” $ECTIO]Iii.The Board of Trustees hereby declares that this ordinance is necessary for the immediate preservation of the public peace,health and safety,and in the opinion of the Board of Trustees an emergency exists;therefore this —— r -= ordinance shall tahe effect and be in force from nd after its final passage and publication. Passed and adopted tLis _______ day Of —, 1 r-r-’r -1.))L). Approved: -Zayor Attest: erk —Th_ /