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HomeMy WebLinkAboutAgenda Report - April 18, 2001 G-03 PHa a CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to introduce ordinance for the implementation of an Electric Market Cost Adjustment Policy and Mechanism MEETING DATE: April 18, 2001 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: That the City Council approve introduction of ordinance amending Lodi Municipal Code Chapter 13.20 Electrical Service, Article III Rates, by adding section 13.20.175 Schedule Market Cost Adjustment effective on applicable utility billings prepared by City of Lodi on or after June 1, 2001. BACKGROUND INFORMATION: The City of Lodi's historical power purchase strategy has been to be in a partial deficit energy position in the winter season. This strategic position has been very successful because the price for power on the spot and short-term market was generally very low during ' this period. The gas and electric energy market has seen dramatic volatility in recent months and has caused the City of Lodi to take various mitigation strategies. The nature of the market situation has caused the cost of purchased energy to be significantly higher than originally budgeted, although without the mitigation strategies would have been much more severe. It is anticipated that the market will improve, but should remain volatile for at least two more years. The Market Cost Adjustment will allow the Electric Utility Department to better follow the market and to capture both recent under -collections and future costs. This mechanism would be adjusted on a quarterly basis and would utilize an approved formula. The formula will reflect a true up of prior costs and a rolling twelve-month projection of purchased power costs. The mechanism is designed to minimize spikes to the adjustment rates. It is anticipated that the adjustment may go up or down depending on the various short and long-range strategies the City of Lodi elects to employ and the state of the power market at the that time. FUNDING: Not Applicable Alan N. Vallow Electric Utility Director ANV/Ist C: City Attorney APPROVED: �H. Dixon Flynn - City Manager CITY OF LODI ELECTRIC UTILITY DEPARTMENT SCHEDULE MCA MARKET COST ADJUSTMENT APPLICABILITY: When in effect, this schedule is applicable to all areas served by the City and to all kilowatt-hours billed under all rate schedules as defined under the special conditions of the rate schedules labeled Purchased Power Adjustment. PURPOSE: Generally, power supply costs will be recovered through application of the base rates. In the event that substantial changes in projected power supply costs occur, either increases or decreases, the Market Cost Adjustment Billing Factor will be activated to provide for increases or decreases in the City's charges for electric service. The Electric Utility Director shall develop and recommend a MCA Billing Factor to be effective on a specified date for the approval of the City Council. APPLICATION OF MARKET COST ADJUSTMENT: When applicable, the Market Cost Adjustment Billing Factor (MCABF) for a particular rate schedule as designated in the attached MCABF table, in cents per kWh, shall be applied to kilowatt-hours sold on and after the effective date, and continuing thereafter until the next base rate change or until a revision to the Market Cost Adjustment Billing Factor becomes effective. The dollar amount to be added to or subtracted from each bill due to the Market Cost Adjustment shall be obtained by multiplying the number of kilowatt-hours for which the bill is rendered by the applicable Market Cost Adjustment Billing Factor. CALCULATION OF THE POWER COST ADJUSTMENT BILLING FACTOR: 1. When the Electric Utility Director deems that substantial changes in power supply costs have occurred relative to the costs included in base rates, the Market Cost Adjustment Billing Factor shall be activated following the approval of the City Council. 2. The Billing Factor shall remain in effect until the next base rate change or until a revision to the Billing Factor is necessary. 3. While the Billing Factor is activated, a Market Cost Adjustment account shall be maintained. Entries into this account shall be: The balance from the previous month; b. The increase or decrease in charges for electric service billed using the applicable Billing Factor; and C. Any interest accruing to the account. Effective Date June 1, 2001 MCA -112 Ordinance No. SCHEDULE MCA MARKET COST ADJUSTMENT 4. The MCA Billing Factor shall be designed by giving consideration to the following factors: a. Rate stability is desirable and frequent changes in the MCA Billing Factor are undesirable. b. The financial integrity of the Electric Utility Department shall be maintained by applying a MCA Billing Factor, when necessary, to ensure that the Electric Utility Department does not overcollect or undercollect the revenue required for sound financial operation. 5. The Electric Utility Department shall furnish to the City Council a notice of any proposed activation or change in the MCA Billing Factor. Any activation or change in the MCA Billing Factor requires approval by the City Council. 6. The Electric Utility Department generally shall make the MCA Billing Factors effective as of the first day of the appropriate month. Adjustments to the MCA shall be no more frequent than quarterly and no less than semiannually. MARKET COST ADJUSTMENT BILLING FACTOR The Market Cost Adjustment Billing Factor by designated rate schedule, in cents per kilowatt-hour, shall be shown in this Section. Certain classes may have a tiered MCABF by level of mo hly consumption. Class Cents per kWh Date Effective EA, EE under 300 kWh 1.250 June 1, 2001 EA, EE 301 to 600 kWh 1.900 June 1, 2001 EA, EE above 600 kWh 3.000 June 1, 2001 ED, EF 0.000 June 1, 2001 EM 0.000 June 1, 2001 EL 0.000 June 1, 2001 G1 2.000 June 1, 2001 G2 2.000 June 1, 2001 G3 0.000 June 1, 2001 G4 0.000 June 1, 2001 G5 1 0.000 June 1, 2001 11 0.000 June 1, 2001 Effective Date June 1, 2001 MCA -2/2 Ordinance No. ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 13.20 ELECTRICAL SERVICE, ARTICLE III. RATES BY ADDING SECTION 13.20.175 - SCHEDULE MCA — MARKET COST ADJUSTMENT BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 13.20 - Electrical Service, Article III. Rates, is hereby amended by adding Section 13.20.175 — Schedule MCA — Market Cost Adjustment as follows: SCHEDULE MCA — MARKET COST ADJUSTMENT APPLICABILITY: When in effect, this schedule is applicable to all areas served by the City and to all kilowatt-hours billed under all rate schedules as defined under the special conditions of the rate schedules labeled Purchased Power Adjustment. PURPOSE: Generally, power supply costs will be recovered through application of the base rates. In the event that substantial changes in projected power supply costs occur, either increases or decreases, the Market Cost Adjustment Billing Factor will be activated to provide for increases or decreases in the City's charges for electric service. The Electric Utility Director shall develop and recommend a MCA Billing Factor to be effective on a specified date for the approval of the City Council. APPLICATION OF MARKET COST ADJUSTMENT: When applicable, the Market Cost Adjustment Billing Factor (MCABF) for a particular rate schedule as designated in the attached MCABF table, in cents per kWh, shall be applied to kilowatt-hours sold on and after the effective date, and continuing thereafter until the next base rate change or until a revision to the Market Cost Adjustment Billing Factor becomes effective. The dollar amount to be added to or subtracted from each bill due to the Market Cost Adjustment shall be obtained by multiplying the number of kilowatt-hours for which the bill is rendered by the applicable Market Cost Adjustment Billing Factor. CALCULATION OF THE POWER COST ADJUSTMENT BILLING FACTOR: 1. When the Electric Utility Director deems that substantial changes in power supply costs have occurred relative to the costs included in base rates, the Market Cost Adjustment Billing Factor shall be activated following the approval of the City Council. 2. The Billing Factor shall remain in effect until the next base rate change or until a revision to the Billing Factor is necessary. 3. While the Billing Factor is activated, a Market Cost Adjustment account shall be maintained. Entries into this account shall be: The balance from the previous month; The increase or decrease in charges for electric service billed using the applicable Billing Factor; and C. Any interest accruing to the account. 4. The MCA Billing Factor shall be designed by giving consideration to the following factors: a. Rate stability is desirable and frequent changes in the MCA Billing Factor are undesirable. b. The financial integrity of the Electric Utility Department shall be maintained by applying a MCA Billing Factor, when necessary, to ensure that the Electric Utility Department does not overcollect or undercollect the revenue required for sound financial operation. 5. The Electric Utility Department shall furnish to the City Council a notice of any proposed activation or change in the MCA Billing Factor. Any activation or change in the MCA Billing Factor requires approval by the City Council. 6. The Electric Utility Department generally shall make the MCA Billing Factors effective as of the first day of the appropriate month. Adjustments to the MCA shall be no more frequent than quarterly and no less than semi-annually. MARKET COST ADJUSTMENT BILLING FACTOR The Market Cost Adjustment Billing Factor by designated rate schedule, in cents per kilowatt-hour, shall be shown in this Section. Certain classes may have a tiered MCABF by level of monthly consumption. Class Cents per kWh Date Effective EA, EE under 300 kWh 1.250 June 1, 2001 EA, EE 301 to 600 kWh 1.900 June 1, 2001 EA, EE above 600 kWh 3.000 June 1, 2001 ED, EF 0.000 June 1, 2001 EM 0.000 June 1, 2001 EL 0.000 June 1, 2001 G1 2.000 June 1, 2001 G2 2.000 June 1, 2001 G3 0.000 June 1, 2001 G4 0.000 June 1, 2001 G5 0.000 June 1, 2001 11 0.000 1 June 1, 2001 Section 2. - No Mandatory Duty 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. - Severability. 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. 2 SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This Schedule MCA — Market Cost Adjustment shall be effective on applicable electric utility billings prepared by the City of Lodi on or after June 1, 2001. Approved this day of .2001 ALAN S. NAKANISHI MAYOR ATTEST: SUSAN J. BLACKSTON City Clerk State of California County of San Joaquin, ss. I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held 2001 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2001 by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: IRANIALL A. HAYS City Attorney 3 SUSAN J. BLACKSTON City Clerk PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Joaquin. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of general circulation, printed and published daily, except Sundays and holidays, in the City of Lodi, California, County of San Joaquin, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court, Department 3, of the County of San Joaquin, State of California, under the date of May 26th, 1953, Case Number 65990; that the notice, of which the annexed is a printed copy (set in type not smaller than non- pareil), has been published in each regular and entire issue of said newspaper and not in any supple- ment thereof on the following dates, to -wit: March 24 all in the year 2001,. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Lodi, California, this .... 24.... day of March 2001 ..................................... ......... Signature This space is for the Ct>Yttxrt�+,Gl��lc's Filing Stamp `!! r 29CITY n� (11y f r" i 1 F Lilc Proof of Publication of Public Hearing PROOF OF PUBLICATION NOTICE OF PUBLIC NEARING NOTICE- IS HEREBY. GIVEN that on Wednesday. April. 18,-2001 at the hour of. 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct al. Public Hearing at the Carnegie Forum, 305 West Pine Street. Lodi, to consider the Wowing mat-: for.- Introduce er:Introduce ordinance for the lmpfarnantafloh of a Market Cost Adjustment Policy and Mechanismm Information regarding this Item may be obtalned In the office of the Utility Department Director, 1331 South Ham Lane, Lodi, California. All Inter. ested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herBin, and Aral state- ments may be made at said hearing. if you challenge the subject matter In court. you may be limited to raising only those Issues YOU or someone else raised at the Public Hearing described In this notice or in written correspon- dence delivered to the City Clerk, 721 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: Susan J. Biackston City Cterk Gated: March 21, 2001 Approved as to form: Randall A. Hays City Attorney March 24, 2001 —3197 3197 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Joaquin. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of general circulation, printed and published daily, except Sundays and holidays, in the City of Lodi, California. County of San Joaquin, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court, Department 3, of the County of San Joaquin, State of California, under the date of May 26th, 1953, Case Number 65990; that the notice, of which the annexed is a printed copy (set in type not smaller than non- pareil), has been published in each regular and entire issue ofsaid newspaperand not in any supple- ment thereof on the following dates, to -wit: . April 2,10 all in the year 900.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Lodi, California, this .....1 P.... day of April ................... 2001 .... witte/z/14(Z Signature This space is for the County Clerk's Filing Stamp Proof of Publication of ...........Public..Hearing....................... .......................... NOTICE pO A PUBLIC HEARING 18, 2001 NOTICE is HEREBY GIVEN that on Wednesday Apni 1S, 2001 at the tour d 7:o0 p m., or as soon thereaQer as the matter may be heard, the City Councjt will conduct a Public Hearing at the Camagle Forum. 305 Wast Pine Street, Lodi, to described e escrribedthe tInViementation of as Me" , Cost Adjustment Policy and Mechanism• PROPOSED ORDINANCE: PROOF OF PUBLICATION SECTION 1.Lo4 Municipal Code Chapter 13.20 - Electrical Service, Article hl. Rates, Is hereby wnendsd try adding Section 13.20.175 - Schedule" MCA - Market Cost Adjustment as follows: SCHEDULE MCA - MARKET COST ADJUST- MENT APPLICABILITY: When in diilefY, the this achedicity and to allolul�w -hourble to s UMM aeroed by billed under dM l rate schedules as defined under e speciconditions d Me rate Schedules labeled Purchased Power Adttualrr—L , PURPOSE: supply costs will be reowered Gerwally. Power ahralgh application Of the base rates. In the evert Mat substantial changes in projected power S PPiy co", OCCihf, eiltlef alcreases or decreases. the FC CastoP -14Biadthg Fades date for itna approval t>f Me Cly Council. APPLICATION OF MARKET COST ADJUSTMENT: When applicable. the Market Coal Adiuslment Siffinu1e a s Fad" �gn ted in the abached MCASF taba particular rate le n cents Pat WWn. " be applied to kilowatt-hours . ., sold on an Lahey the ~live date, and oonttadng • dha i efW,0ns Me neat base rate change or trmil a revision..%O_VW.Mad"t.Coal.Adjud nWrl"Stang,:" Factor becomes efladive. The dollar arrant io be added to or subtractad iron each bill doe 10 the.' MstraL Coat A4u~i shall be obtained. M oatti- . d' - WyingVW number ofldlowaft hours! t1r1#k h M bite,., +.. as tendered by the aPPWA Met 4a tri ' AdluNmem &!ling Factor. . CALCULATION OF THE POWER COST ADJUST- MENT BILLING FACTOR: , 1. When. Itie EWAC utility Director deems Mat substantial changes in Power supply costs have occurred relative totlte MIS Included In base tales. . Me Market Cent AdjustmeM ailang Fedor shall be activated following the app—el of the Cdy Council. 2. The a" Factor shag remain in efled anal the next base rate change or until a .revision to the aiding Fedor is necessary. 3. Whore the eang Fedor is activated. a Market Cost- Atljuslmen, NaccouM shall be maintained. U. 1 1. Inc Service billed using the app(watxe UdLny 1- t, and c. Any interest accruing to the account, 4. The MCA Billing Factor shall be designed by giv- ing consideration to the following factors: a. Rate stability is desirable and freiluent changes in the MCA Billing Factor are undesitable. ' b. The financial integrity of the Electric Utility Department shall be maintained by applying a MCA Billing Factor, 'when necessary, to ensure that the Electric Utility Department does not overcolled or , undercollect the revenue.raquired for sound finan- cial operation. S. The Electric Utility Department shall furnish to the City Council a notice of any proposed activation or change in fire MCA Billing Factor. Any activation K or change in the MCA Billing Factor requires approval by the City Council. 6. The Electric Utility Department generally shall make the MCA Billing Factors effective as of the first day of the appropriate month. Adjustments to the MCA shall be no more frequent than quarterly andy no less than semi-annually. 'c. MaEi Cpli.pNS.i4Etn otlUNp /�CTO,t t 1t r c i a t C L i x r Section 2. - No Mandatory Duty of Care. This ordi- nance is not intended to and shall not be construed or given effect in a maturer which imposes upon the ! City, or any officer of employee thereol, a mandato- 1 ry duty of care towards persons or property within r. the City or outside of the City so as to provide a Oasis of civil liability for damages, except asother- wise imposed by law. Section 3. - Severability. If any provision of this ord• nance or the application thereof to any person or dr• cumstances is held invalid, such invalidity shall not affect other provisions or applications of the ord- nance which. can be given effect without rhe invalid ' provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that k would have adopted this ordnance irrespective of the invalidity of any panic. War portion thereof. .. SECTION 4. All ordinances and pans of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTIONS. This Schedule MCA– Market Cast Adjustment shall be e1feG11vs on applicable electric uWy billings prepared by the Oily of Lodi on or after June 1, 2001. Information regarding this matter may be obtained in the office of the Electric Utility Department Director, 1331 South Ham Lane, Lodi, California. All Interested persons are invited to present their views . and comments on Ihfe maser. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. I. If you dtiailenge ftte subject mefter in court, you may be limited to raising only those Issues you or some- one else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street,'Lodi, California at or prior to the Public Hearing. .By Older of the Lod City Council: Susan J. Slackston City Clerk Dated: March 21, 2001 Approved as to torn: Randall A. Hays City Attomey April 2, 10, 2001 —3231 TM 4,/Nt Cp Mtn - !wq /,KNr a wtquNp ,.,. fc,rW4. w ,n. !w wo.nt.nom. ,n M S.ct Cw,wn Nws N/ tq 4C•M i,'wM a maNrw CMrJ/Ctn C«w/ttw CN°. � !call o.N 1p.em. EA EE wH Soo Www i 2" Jw i. rapt E•. ES A, N opO,Wn 1 t Soo E. EE JJNN 1pO ,W. j 0000 Jw �. Mn to Er poop �, Jpp, E4 i Gow lw t, rapt El aw Jw t. loot c. I 7aao Jw t. Toot C! t Opo t. Jppl Op I aaw Jw t, no, GJ o 000 Jw t. toot cs 0000 Jw �. rap 1t r c i a t C L i x r Section 2. - No Mandatory Duty of Care. This ordi- nance is not intended to and shall not be construed or given effect in a maturer which imposes upon the ! City, or any officer of employee thereol, a mandato- 1 ry duty of care towards persons or property within r. the City or outside of the City so as to provide a Oasis of civil liability for damages, except asother- wise imposed by law. Section 3. - Severability. If any provision of this ord• nance or the application thereof to any person or dr• cumstances is held invalid, such invalidity shall not affect other provisions or applications of the ord- nance which. can be given effect without rhe invalid ' provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that k would have adopted this ordnance irrespective of the invalidity of any panic. War portion thereof. .. SECTION 4. All ordinances and pans of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTIONS. This Schedule MCA– Market Cast Adjustment shall be e1feG11vs on applicable electric uWy billings prepared by the Oily of Lodi on or after June 1, 2001. Information regarding this matter may be obtained in the office of the Electric Utility Department Director, 1331 South Ham Lane, Lodi, California. All Interested persons are invited to present their views . and comments on Ihfe maser. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. I. If you dtiailenge ftte subject mefter in court, you may be limited to raising only those Issues you or some- one else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street,'Lodi, California at or prior to the Public Hearing. .By Older of the Lod City Council: Susan J. Slackston City Clerk Dated: March 21, 2001 Approved as to torn: Randall A. Hays City Attomey April 2, 10, 2001 —3231 �OF�O Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING FOR INTRODUCTION OF DRAFT ORDINANCE FOR THE IMPLEMENTATION OF A MARKET COST ADJUSTMENT POLICY AND MECHANISM PUBLISH DATE(s): MONDAY, -APRIL 2, 2001 TUESDAY, APRIL 10, 2001 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: MARCH 30, 2001 ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK "NNITYERY CLERK E-wt4 i �FRxed to the Sentinel at at a� time) on O (date) (pages) Sharon Phoned t confirm receipt of all p ges at (time) ' Jac— (in ials) u S. CAvY' � forms\advins.doc NOTICE OF PUBLIC HEARING APRIL 18, 2001 NOTICE IS HEREBY GIVEN that on Wednesday, April 18, 2001 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the introduction of an ordinance (as described below) for the implementation of a Market Cost Adjustment Policy and Mechanism. PROPOSED ORDINANCE: SECTION 1. Lodi Municipal Code Chapter 13.20 - Electrical Service, Article III. Rates, is hereby amended by adding Section 13.20.175 — Schedule MCA — Market Cost Adjustment as follows: SCHEDULE MCA— MARKET COST ADJUSTMENT APPLICABILITY: When in effect, this schedule is applicable to all areas served by the City and to all kilowatt-hours billed under all rate schedules as defined under the special conditions of the rate schedules labeled Purchased Power Adjustment. PURPOSE: Generally, power supply costs will be recovered through application of the base rates. In the event that substantial changes in projected power supply costs occur, either increases or decreases, the Market Cost Adjustment Billing Factor will be activated to provide for increases or decreases in the City's charges for electric service. The Electric Utility Director shall develop and recommend a MCA Billing Factor to be effective on a specified date for the approval of the City Council. APPLICATION OF MARKET COST ADJUSTMENT: When applicable, the Market Cost Adjustment Billing Factor (MCABF) for a particular rate schedule as designated in the attached MCABF table, in cents per kWh, shall be applied to kilowatt-hours sold on and after the effective date, and continuing thereafter until the next base rate change or until a revision to the Market Cost Adjustment Billing Factor becomes effective. The dollar amount to be added to or subtracted from each bill due to the Market Cost Adjustment shall be obtained by multiplying the number of kilowatt-hours for which the bill is rendered by the applicable Market Cost Adjustment Billing Factor. CALCULATION OF THE POWER COST ADJUSTMENT BILLING FACTOR: 1. When the Electric Utility Director deems that substantial changes in power supply costs have occurred relative to the costs included in base rates, the Market Cost Adjustment Billing Factor shall be activated following the approval of the City Council. 2. The Billing Factor shall remain in effect until the next base rate change or until a revision to the Billing Factor is necessary. 3. While the Billing Factor is activated, a Market Cost Adjustment account shall be maintained. Entries into this account shall be: a. The balance from the previous month; b. The increase or decrease in charges for electric service billed using the applicable Billing Factor; and C. Any interest accruing to the account. 4. The MCA Billing Factor shall be designed by giving consideration to the following factors: a. Rate stability is desirable and frequent changes in the MCA Billing Factor are undesirable. b. The financial integrity of the Electric Utility Department shall be maintained by applying a MCA Billing Factor, when necessary, to ensure that the Electric Utility Department does not overcollect or undercollect the revenue required for sound financial operation. 5. The Electric Utility Department shall furnish to the City Council a notice of any proposed activation or change in the MCA Billing Factor. Any activation or change in the MCA Billing Factor requires approval by the City Council. 6. The Electric Utility Department generally shall make the MCA Billing Factors effective as of the first day of the appropriate month. Adjustments to the MCA shall be no more frequent than quarterly and no less than semi-annually. MARKET COST ADJUSTMENT BILLING FACTOR The Market Cost Adjustment Billing Factor by designated rate schedule, in cents per kilowatt-hour, shall be shown in this Section. Certain classes may have a tiered MCABF by level of onthly consumption. Class Cents per kWh Date Effective EA, EE under 300 kWh 1.250 June 1, 2001' " EA, EE 301 to 600 kWh 1.900 June 1, 2001 EA, EE above 600 kWh 3.000 June 1, 2001 ED, EF 0.000 June 1, 2001 EM 0.000 June 1, 2001 EL 0.000 June 1, 2001 G1 2.000 June 1, 2001 G2 2.000 June 1, 2001 G3 0.000 June 1, 2001 G4 0.000 June 1, 2001 G5 0.000 June 1, 2001 11 0.000 June 1, 2001 Section 2. - No Mandatory Duty 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. - Severability. 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. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This Schedule MCA — Market Cost Adjustment shall be effective on applicable electric utility billings prepared by the City of Lodi on or after June 1, 2001. Information regarding this matter may be obtained in the office of the Electric Utility Department Director, 1331 South Ham Lane, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, Lodi, California at or prior to the Public Hearing. By Order of the Lodi City Council: Susan J, Blackston City Clerk Dated: March 21, 2001 Approved as to form: Randall A. Hays City Attorney d) C L d = >% O dwdw 4) 4) L �.+ .c O woo E IBM= a d r� i C �>7V L d � - c� Lu w Q lk O a CL c m Q L. - O n w 7 r Io LW *am* lialow r". 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