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HomeMy WebLinkAboutOrdinances - No. 1858ORDINANCE NO. 1858 AN ORDINANCE OF THE LODl CITY COUNCIL AMENDING LODl MUNICIPAL CODE CHAPTER 13.20 - ELECTRICAL SERVICE - BY REPEALING AND REENACTING SECTION 13.20.175, “SCHEDULE ECA- ENERGY COST ADJUSTMENT,” IN ITS ENTIRETY ...................................................................... ...................................................................... BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 13.20.175, “Schedule ECA - Energy Cost Adjustment,” is hereby repealed and reenacted in its entirety to read as follows: APPLICAB ILlTY: This schedule is applicable to all electric customers served by the City of Lodi. Each customer shall pay the applicable rate plus an Energy Cost Adjustment (ECA) for each kilowatt-hour (kWh) delivered to the customer. The adjustment shall be the product of the total kilowatt-hours (kWh) for which the bill is rendered times the ECA amount per kWh. The purpose of the ECA is to adjust for increaseddecreases to the City of Lodi’s wholesale energy costs. This adjustment provides a mechanism to recover increased costs for wholesale energy or to lower collections when costs decrease below the base charge level. RATES: - Effective July 6, 2007, the ECA billing factor for any given month shall be calculated as follows: ECA = (a) + (b) - (cNd+f) - (9 Where: (a) equals the amount the City of Lodi is actually charged by the Northern California Power Agency for the billing month, including adjustments for prior billing periods, less any third party revenue credits. (b) equals the City of Lodi’s estimated costs related to the acquisition of wholesale power, both financial and physical, procured directly by the City for the billing month, including adjustments for prior billing periods. (c) equals the difference between actual retail energy sales and projected sales levels for the month which is two (2) months prior to the billing month. (d) equals the ECA billing factor for the month which is two (2) months prior to the billing month. (e) equals the forecast of projected retail energy sales for the billing month. (9 equals the baseline energy cost for the City of $0.0831. The City of Lodi will recalculate the ECA each month, and resulting amount shall be automatically implemented for bills rendered during the following billing month. The ECA shall not be discounted. SCHEDULE I-I FIXED ECA OPTION: Customers must elect this option prior to the start of the twelve-month cycle (July-June) and must be billed for the entire twelve months under this option. Customers may opt out in the May prior to the next twelve-month billing period. The City of Lodi will calculate a fixed ECA based on projected sales divided by the budgeted NCPA All Resource Bill for the upcoming twelve-month period (July-June) minus eight point three one (8.31) cents. The resulting amount shall be automatically implemented for bills rendered during the eleven billing months beginning in July and ending in May. The June billing shall include a true-up for the actual ECA billed in the same eleven-month period and the actual ECA for the month of June. SECTION 2. No Mandatow DUN of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severabilitv. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. such conflict may exist. All ordinances and parts of ordinances in conflict herewith are repealed insofar as SECTION 5. days from the date of passage and adoption. This ordinance shall be published pursuant to law and shall become effective 30 SECTION 6. The amended Schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after July 1, 2012, or the first date allowable under State law. Approved this 2nd day of May, 201 2 (/ MAYOR State of California County of San Joaquin, ss. 2 I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1858 was introduced at a regular meeting of the City Council of the City of Lodi held April 18,2012, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held May 2, 2012, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS - None COUNCIL MEMBERS - Hansen, Johnson, Katzakian, and Nakanishi COUNCIL MEMBERS - Mayor Mounce ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1858 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. City Clerk Amroved to Form: .. D. STEPHEN SCHWABAUER City Attorney 3