HomeMy WebLinkAboutResolutions - No. 94-58RESOLUTION NO. 94-58
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A RESOLUTION OF THE LODI CITY COUNCIL
ADOPTING BY REFERENCE, CERTAIN RULES AND REGULATIONS
FOR THE ELECTRIC UTILITY DEPARTMENT
WHEREAS, on March 1, 1989, the City Council did, by Ordinance No. 1447,
adopt as amended, <13.20.010 of the Lodi Municipal Code, authorizing
and allowing adoption by resolution, of Rules and Regulations for the
Electric Utility Department;
NOW, THEREFORE, pursuant to Ordinance No. 1447, the City Council, by
this resolution, adopts by reference as is fully set forth herein,
Attachment A hereto, constituting revised Rules and Regulations for the
function of the City of Lodi Electric Utility Department.
EFFECTIVE DATE: The effective date of this resolution shall be the
first effective date of Ordinance No. 1447, reenacting Lodi Municipal
Code §13.20.010.
Dated: May 18, 1994
I hereby certify that Resolution No. 94-58 was passed and adopted
by the City Council of the City of Lodi in a regular meeting held
May 18, 1994 by the following vote:
Ayes: Council Members - Mann, Pennino, Snider and
Sieglock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
fifer . Perrin
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94-58
FCITY OF LODI
i
<IFORN,ELECTRIC UTILITY DEPARTMENT
Section 2. PUBLIC HEARING BY COUNCIL
The Council may from time to time call public hearings to ascertain
whether the public necessity, health, safety or welfare requires the
removal of poles, overhead wires and associated overhead structures
within designated areas of the City and the underground installation
of wires and facilities for supplying electric, communication, or
similar or associated service. The City Clerk shall notify all
affected property owners as shown on the last equalized assessment
roll and utilities concerned by mail of the time and place of such
hearings at least ten (10) days prior to the date thereof. Each such
hearing shall be open to the public and may be continued from time to
time. At each such hearing all persons interested shall be given an
opportunity to be heard. The decision of the Council shall be final
and conclusive.
Section 3. COUNCIL MAY DESIGNATE UNDERGROUND
UTILITY DISTRICTS BY RESOLUTION
If, after any such public hearing the Council finds that the public
C necessity, health, safety or welfare requires such removal and such
underground installation within a designated area, the Council shall,
by resolution, declare such designated area an Underground Utility
District and order such removal and underground installation. Such
resolution shall include a description of the area comprising such
district and shall fix the time within which such removal and
underground installation shall be accomplished and within which
affected property owners must be ready to receive underground
service. A reasonable time shall be allowed for such removal and
underground installation, having due regard for the availability of
labor, materials and equipment necessary for such removal and for the
installation of such underground facilities as may be occasioned
thereby.
Section 4. UNLAWFUL ACTS
Whenever the Council creates an Underground Utility District and
orders the removal of poles, overhead wires and associated overhead
structures therein as provided in Section 3 hereof, it shall be
unlawful for any person or utility to erect, construct, place, keep,
maintain, continue, employ or operate poles, overhead wires and
associated overhead structures in the District after the date when
said overhead facilities are required to be removed by such
resolution, except as said overhead facilities may be required to
furnish service to an owner or occupant of property prior to the
performance by such owner or occupant of the underground work
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CITY OF LODIc'4tIFoR���ELECTRIC UTILITY DEPARTMENT
necessary for such owner or occupant to continue to receive utility
service as provided in Section 9 hereof, and for such reasonable time
required to remove said facilities after said work has been performed,
and except as otherwise provided in this ordinance.
Section 5. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES
Notwithstanding the provisions of this ordinance, overhead facilities
may be installed and maintained for a period, not to exceed fourteen
(14) days, without authority of the City Council in order to provide
emergency service. The City Council may grant special permission on
such terms as the City Council may deem appropriate in cases of
unusual circumstances, without discrimination as to any person or
utility, to erect, construct, install, maintain, use or operate poles,
overhead wires and associated overhead structures.
Section 6. OTHER EXCEPTIONS
This ordinance and any resolution adopted pursuant to Section 3 hereof
shall, unless otherwise provided in such resolution, not apply to the
following types of facilities:
a. Any municipal facilities or equipment installed under the
supervision and to the satisfaction of the City Engineer.
b. Poles or electroliers used exclusively for streetlighting.
c. Overhead wires (exclusive of supporting structures) crossing
any portion of a District within which overhead wires have
been prohibited, or connecting to buildings on the perimeter
of a District, when such wires originate in an area from
which poles, overhead wires and associated overhead
structures are not prohibited.
d. Poles, overhead wires and associated overhead structures used
for the transmission of electric energy at nominal voltages
in excess of 34,500 volts.
e. Overhead wires attached to the exterior surface of a building
by means of a bracket or other fixture and extending from one
location on the building to another location on the same
building or to an adjacent building without crossing any
public street or alley.
f. Antennae, associated equipment and supporting structures,
used by a utility for furnishing communication services.
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g. Equipment appurtenant to underground facilities, such as
surface -mounted transformers, pedestal -mounted terminal boxes
and meter cabinets, and concealed ducts.
h. Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with
construction projects.
Section 7. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES
Within ten (10) days after the effective date of a resolution adopted
pursuant to Section 3 hereof, the City Clerk shall notify all affected
utilities and all persons owning real property within the District
created by said resolution of the adoption thereof. Said City Clerk
shall further notify such affected property owners of the necessity
that, if they or any person occupying such property desire to continue
to receive electric, communication, or similar or associated service,
they or such occupant shall provide all necessary facility changes on
their premises so as to receive such service from the lines of the
supplying utility or utilities at a new location, subject to
applicable rules, regulations and tariffs of the respective utility or
utilities on file with the Commission or adopted by the City of Lodi.
Notification by the City Clerk shall be made by mailing a copy of the
resolution adopted pursuant to Section 3, together with a copy of this
ordinance, to affected property owners as such are shown on the last
equalized assessment roll and to the affected utilities.
Section 8. RESPONSIBILITY OF UTILITY COMPANIES
If underground construction is necessary to provide utility service
within a District created by any resolution adopted pursuant to
Section 3 hereof, the supplying utility shall furnish that portion of
the conduits, conductors and associated equipment required to be
furnished by it under its applicable rules, regulations and tariffs on
file with the Commission or adopted by the City of Lodi.
Section 9. RESPONSIBILITY OF PROPERTY OWNERS
a. Every person owning, operating, leasing, occupying or renting
a building or structure in a District shall perform
construction and provide that portion of the service
connection on his property between the facilities referred to
in Section 8 and the termination facility on or within said
building or structure being served, all in accordance with
applicable rules, regulations and tariffs of the respective
utility or utilities on file with the Commission or adopted
by the City of Lodi.
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b. In the event any person owning, operating, leasing, occupying
or renting said property does not comply with the provisions
of subparagraph (a) of the Section 9 within the time provided
for in the resolution enacted pursuant to Section 3 hereof,
the City Engineer shall post written notice in a conspicuous
place on the property being served and give written notice by
mail to all customers being billed for the utility on the
property being served thirty (30) days thereafter shall have
the authority to order the disconnection and removal of any
and all overhead service wires and associated facilities
supplying utility service to said property.
Section 10. RESPONSIBILITY OF CITY
City shall remove at its own expense all City -owned equipment from all
poles required to be removed hereunder in amply time to enable the
owner or user of such poles to remove the same within the time
specified in the resolution enacted pursuant to Section 3 hereof.
Section 11. EXTENSION OF TIME
In the event that any act required by this ordinance or by a
resolution adopted pursuant to Section 3 hereof cannot be performed
within the time provided on account of shortage of materials, war,
restraint by public authorities, strikes, labor disturbances, civil
disobedience, or any other circumstances beyond the control of the
actor, then the time within which such act will be accomplished shall
be extended for a period equivalent to the time of such limitation.
Section 12. PENALTY
It shall be unlawful for any person to violate any provision or to
fail to comply with any of the requirements of this ordinance. Any
person violating any provision of this ordinance or failing to comply
with any of its requirements shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not exceeding
Five Hundred Dollars ($500.00) or by imprisonment not exceeding six
(6) months, or by both such fine and imprisonment. Each such person
shall be deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person, and
shall be punishable therefore as provided for in this ordinance.
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Section 13. CONSTITUTIONALITY
_If any section, sub -section, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this ordinance.
The Council hereby declares that it would have adopted the ordinance
and each section, sub -section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, sub -sections,
sentences, clauses or phrases be declared invalid.
(End)
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Effective March 31, 1989 Page No. 20-6
Section 21. Severability. In the event any provision of this Resolution shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 22. Appointment of Bond Counsel. The law firm of Orrick, Herrington &
Sutcliffe, Los Angeles, California is hereby appointed as Bond Counsel for the Program.
Section 23. Appointment of Underwriter. Sutro & Co. Incorporated, Los Angeles,
California, is hereby appointed as underwriter for the Program.
adoption.
Section 24. Effective Date. This Resolution shall take effect from and after its date of
Section 25. Resolution Parameters.
(A) Name of Local Agency: CITY OF LODI
(B) Maximum Amount of Borrowing: $4,900,000
(C) Authorized Representatives:
TITLE
1. Mayor
2. City Manager
3. City Attorney
4. City Clerk
[Attach form of Certification of the Secretary or Clerk of the Legislative Body, with respect to the
Resolution, if desired (such form of Certification is not required).]
21
CITY OF LODI
ELECTRIC UTILITY DEPARTMENT
RULE AND REGULATION NO. 21
NON -CITY -OWNED PARALLEL GENERATION
A. General
1. The City will interconnect and operate in parallel with cogenerators
and small power producers as defined in the Federal Energy Regulatory
Commission (FERC) Order No. 70. Such facilities shall be termed
"Qualifying Facilities (QF)."
2. The City has the option of purchasing the power output of such QF or
providing facilities and services to allow sale to an adjacent utility
with whom the owner of the QF has made prior contractual arrangements
for receiving of such power.
3. Nothing in these Rules shall limit the City's ability to evaluate each
QF and determine terms and conditions that are mutually satisfactory
to all parties and insure safe and effective operation without adverse
effects on other customers and City equipment or personnel.
B. Interconnection Costs
1. All costs incurred by the City for interconnection with the QF must be
borne by the QF.
2. The QF shall pay all monthly costs incurred by the City and directly
associated with having the QF connected to its system, i.e.
communication, administration, etc.
3. If the City agrees to provide the means for a QF to sell its power to
an adjacent utility, the QF shall pay the facility charge (wheeling
cost) periodically to the City for the cost of providing the
facilities to sell to an adjacent utility.
C. Liability
1. The QF shall defend, indemnify and hold harmless the City from any and
all liability arising from the operation and interconnection of the
QF. The QF shall bear full responsibility fbr the installation and
safe operation of the equipment required to generate and .deliver
energy to the point of interconnection.
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CITY OF LODI
ELECTRIC UTILITY DEPARTMENT
2. The QF shall maintain Worker's Compensation Insurance as required by
law and Public Liability Insurance covering bodily injury and property
damage in an amount not less than $5,000,000 per occurrence. Each
public liability policy shall name the City as an additional insured.
A copy of the said policy or certificate of insurance shall be sent to
the City Clerk of the City of Lodi. Provisions shall be made for the
City Clerk to be notified within five days of any cancellation of the
said insurance policy.
3. The City shall not be liable whether in contract or in tort or under
any other legal theory to the owner of a QF, or the owner's customers,
or any other person or entity for (1) lost generation revenue, (2)
loss of use revenue or profit, (3) cost of capital, (4) substitute use
or performance or (5) for any other incidental, indirect, special, or
consequential damages.
D. Conditions of Interconnection
1. The City shall allow interconnection between its facilities and QF on
a continuing basis as long as the parallel operation of the QF does
not degrade, in any way, the quality of electric service provided to
the City's other customers. The QF shall insure that its operation in
no way creates unsafe conditions either at its facility or on the
City's facilities.
2. The owner of the QF shall enter into a written agreement with the City
for interconnection, sale or disposal of its power prior to actual
connection and operation of the QF.
3. The QF shall comply with all requirements of the National Electrical
Safety Code, American National Standards Institute (ANSI), Institute
of Electrical and Electronic Engineers (IEEE), American Society of
Mechanical Engineers (ASME), the National Electric Code, General Order
No. 95 and all local, state and federal rules and regulations or codes
which may be applicable.
E. Interconnection
1. The owner of the QF shall, to the point of interconnection; furnish,
install, operate and maintain in good repair and without cost to the
City such relays, locks and seals, breakers,, automatic synchronizers
and other control and protective equipment as shall be designated by
the City as suitable for operation of such a facility.
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2. The owner of the QF shall provide at no cost to the City a manually
operated and lockable, visual disconnect device that shall be for the
exclusive use of the City and accessible by City representatives at
all times. Usually such device will be an air switch or fused cutouts
located near the point of interconnection.
3. The protective switching equipment outlined above in paragraph two (2)
may be operated without notice or liability by the City or City
representative if, in the opinion of the City or its representative,
continued operation of the QF in connection with the utility's system
may create or contribute to a system emergency or safety hazard. The
City shall endeavor to minimize any adverse effects of such operation
on the QF.
4. Any costs of interconnection incurred by the City due to the
interconnection of the QF, which are over and above the
interconnection costs that would be incurred due to the connection of
a comparable non -generating customer, shall be the responsibility of
the QF. Special modifications to the City's system may be required if
the generator output is large in relation to the feeder capacity.. It
may be necessary to build a new feeder or reconductor to the nearest
substation that is large enough to accommodate the energy. Station
modification may be necessary, such as: voltage check scheme,
supervisory control, special protective relaying metering and a new
circuit breaker position.
5. The City shall be advised of the proposed start up and parallel time
for such facilities and a City representative shall be in attendance
and approve parallel operation.
The design requirements may change and will be reviewed in each instance.
F. Protective Equipment
The function of protective equipment, such as fuses, relays and circuit
breakers, is to promptly remove the infeed from the QF whenever a fault
occurs. The protective equipment requirements are not intended to protect
the QF from every possible source of damage. The QF may wish to install
additional protective equipment to protect its equipment.
The requirements have been summarized into three groups with division by
the size of the total generation. The division is only approximate and
the requirements will be reviewed in each instance.
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CITY OF LODI�/FORELECTRIC UTILITY DEPARTMENT
1. Generator Size Less Than 10 KW:
a. The QF is to provide phase overcurrent protection by means of an
overcurrent relay or a breaker that provides overcurrent
protection on each phase. The generator overcurrent breaker must
have the following features, if used:
1. Thermal, magnetic overcurrent
2....Undervoltage release.
3. Solenoid tripping.
b. A ground overcurrent sensing scheme must be provided to assure the
isolation of the QF from the distribution system in the event a
ground fault occurs on the distribution line. The protection
scheme will vary depending on the transformer connection. As an
example, a transformer connected Delta on the generator side of
the transformer and grounded Wye on the line side, will require a
ground overcurrent relay be connected to the high voltage neutral
Cof the transformer.
c. Over and under voltage protection is required.
d. Electrical relays or mechanical interlocks must be provided to
prevent the QF from being connected parallel to the City's system,
if the City's system is de -energized.
2.. Generator Size 10 KW - 100 KW:
In addition to the requirements for generators less than 10 kw, under
and over frequency protection is required.
3. Generator Size Greater Than 100 KW:
In addition to the requirements for generators 10 kw - 100 kw,
directional overcurrent voltage restrained relays will be required in
lieu of the phase overcurrent relays (51).
G. Power Factor
The power output of the QF must approach unity power factor when operated
in parallel with the City's facilities. Equipment shall be installed to
correct any deficiencies in power factor by the owner of the QF and at the
QF's expense.
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H. Metering Requirements
1. The point of metering shall be the interface of ownership between the
QF and the City. Two watt-hour meters with detents will be required,
one for sales to the QF by the City and one for sales to the City by
the QF. At the City's option, additional metering for generation data
collection and reactive measurements may be required. The QF is
responsible for furnishing all equipment required to receive the
City's metering transformers, meters and other equipment. The
customer shall submit his switchboard and metering drawings to the
City for approval prior to manufacture.
2. The City shall own and maintain all necessary meters and associated
equipment utilized for billing and monitoring the QF as well as the
customer's load.
I. QF Operating Requirements
This section provides the operating requirements that the QF must follow.
a. The operation of the QF must not reduce the quality of service to
other customers. Abnormal voltages, currents, frequencies, or
interruptions are not permitted.
b. The QF will at no time energize a de -energized City circuit.
c. The QF shall not bypass or modify any of the protective equipment.
d. Before the QF attempts to reconnect his system in parallel with
the City's system, approval from the City Utility Operator must be
obtained. Approval is not required if parallel operation ceased
due to a lack of sufficient power to the prime mover (such as lack
of wind).
e. The QF shall maintain a daily operation log for the generation
facility. Such log shall contain information on unit parallel and
separation time, maintenance, outages, trip operation and other
unusual events. KW and KVAR operating levels may also be
required. The City shall have the right to periodically review
these logs.
f. The QF is responsible for performing scheduled maintenance on the
equipment to keep the facility in proper operating condition. The
City reserves the right to inspect the QF.
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CITY OF LODI
ELECTRIC UTILITY DEPARTMENT
g. The City reserves the right to discontinue parallel generation
with reasonable notice for any of the following reasons:
1. The City needs to perform non -emergency maintenance, repair
or other work on the City system.
2. The QF degrades the quality of service to other customers.
3. Inspection of the QF or operation log reveals a hazardous
—condition or a lack of scheduled maintenance.
h. The City reserves the right to open the main disconnecting device
and cease parallel operation without prior notice in the event of
a system emergency.
Effective March 31, 1989
a
(End)
Page No. 21-6
CITY OF LODIq</FORS`ELECTRIC UTILITY DEPARTMENT
RULE AND REGULATION NO. 22
MEDICAL BASELINE QUANTITY
A. General
Residential customers purchase a baseline quantity of electrical energy
(kilowatt-hours) monthly at the City's lowest residential rate. Any full
time resident in a home having a medical disability may qualify for a
Medical Baseline Quantity, 500 kilowatt-hours per month year-round, in
addition to the regular baseline quantity.
B. Eligibility
To qualify for +a Medical Baseline Quantity, a customer must certify in
writing that a full-time resident in the home is:
- dependent on a life-support device (as defined in Part C below) used
in the home, or
- a paraplegic, hemiplegic, or quadriplegic person or multiple -sclerosis
patient with special heating needs, or
a multiple -sclerosis patient with special air-conditioning needs.
(Medical conditions other than multiple sclerosis, paraplegia,
hemiplegia, or quadriplegia may also qualify customers for medical
quantities for heating or air conditioning. Any such situations will be
reviewed on an individual basis.)
A customer qualifying for the Medical Baseline Quantity must contact the
City and request, complete and return a copy of "Declaration of Eligibility
for Medical Baseline Quantity."
The City may require to have a doctor of medicine or osteopathy licensed
to practice in the State of California fill out the last page of the form
to certify that the resident(s) qualify for a Medical Baseline Quantity.
C. Life -Support Devices
A life-support device is any medical device necessary to sustain life or
relied upon for mobility. To qualify under this rule, the device must be
used in the home and must run on electricity supplied by the City.
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ELECTRIC UTILITY DEPARTMENT
The term "life-support device" includes, but is not limited to,
respirators, iron lungs, hemodialysis machines, suction machines, electric
nerve stimulators, pressure pads and pumps, aerosol tents, electrostatic
and ultrasonic nebulizers, compressors, IPPB machines, and motorized
wheelchairs.
D. Heating and Air Conditioning
Special heating and/or air-conditioning needs will qualify a customer for
Medical Ba.seline Quantity under this rule only if the main source of
energy for heating or air conditioning is electricity supplied by the City.
E. Medical Baseline Quantities for Master -Metered Customers
Residential tenants of master -metered customer can also qualify for
Medical Baseline Quantities. If one or more tenants have a medical
condition that qualifies under the conditions listed above, please contact
the City to find out how to apply.
If tenants are submetered, any Medical Baseline Quantities must be passed
on to the qualifying tenant(s) when billing tenants for electricity usage.
Effective March 31, 1989
(End)
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CITY OF LODI
ELECTRIC UTILITY DEPARTMENT
RULE AND REGULATION
APPENDIX
Schedule of Charges
Fee Schedule
Reconnection Charge
(Seal for Non-payment,
SNP)
A. During normal
business hours
$
33.00
B. After hours
$
48.00
Meter Test Charge
$
18.00
Remote Meter Installation
Charge
(Residential Only - Form 2S)
$140.00
Temporary Service Hook-up
Charge
(Saw Service)
$
65.00
Vehicle and Equipment Charge:
Backhoe -Loader $ 10.00/hour
Compressor $ 5.00/hour
Crane $105.00/hour
Dump Truck $ 14.00/hour
Line Truck $ 15.00/hour
Pick-up/Van/Flatbed Truck $ 3.00/hour
Service Truck $ 4.00/hour
Schedule of Payments
Mobile Home Park
Distribution Service Payment $ 8.13*
* per mobile home space wired for service, per month.
Effective May 18, 1994
(End)
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