HomeMy WebLinkAboutOrdinances - No. 1958ORDINANCE NO. 1958
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES —
CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY
REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE
EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 13 — Public Services — Chapter 13.20, "Electrical Service,"
Article III, "Rates," is hereby amended by repealing and re-enacting Section 13.20.315, "Schedule
EDR - Economic Development Rates," in its entirety. Section 13.20.315 shall read as follows:
SECTION 13.20.315 SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES
Applicability:
A. New Business Rate (NBR) Discount. NBR discount, applicable to any new commercial or
industrial customer that locates their operations/business in the City of Lodi and receives
electric utility service from the City of Lodi, with the following stipulations: a customer
assigned to the G1 electric utility rate shall receive a discount for twelve consecutive
months of twenty-five dollars per month; and, customers assigned to the G2, G3, G4,
G5, or 11 electric utility rate shall receive a discount for twelve consecutive months of five
percent; and this rate discount may not be combined with any other electric discount or
rate, including but not limited to the NJR discount, and shall only apply to the base rate.
Surcharges including, but not limited to, the California Energy Commission fee, public
benefits charge, state energy tax, and other assessments or charges after the date of
this rate schedule shall not be subject to this discount.
B. New Jobs Rate (NJR) Discount. NJR discount, applicable to any commercial or industrial
customer that adds a minimum of one full-time position, and retains that position for at
least twelve consecutive months, with the following stipulation: a two percent discount for
one to three new positions; four percent discount for four to six new positions; six percent
discount for seven to nine positions; and eight percent discount for ten or more new
positions. The maximum discount available is eight percent; all discounts are available
for twelve consecutive months; and this rate discount may not be combined with any
other electric discount or rate, including but not limited to the NBR discount, and shall
only apply to the base rate. Surcharges including, but not limited to, the California Energy
Commission fee, public benefits charge, state energy tax, and other assessments or
charges after the date of this rate schedule shall not be subject to this discount. Proof of
full-time position count must be sent to the City of Lodi for validation six months and
twelve months after the customer's effective date of the NJR Discount.
The rate schedules referenced above shall be effective on applicable electric utility
billings prepared by the City of Lodi on or after December 1, 2018 and said utility rate
discounts shall expire on December 31, 2023.
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. Effective Date and Publication. This Ordinance shall take effect on December 1,
2018. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage,
a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days
after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk
pursuant to Government Code section 36933(c)(1).
ATTEST:
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NIFER(I](1. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
Approved this 3rd day of October, 2018
ALAN NAKANISHI
Mayor
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1958 was introduced at a regular meeting of the City Council of the City of Lodi held
September 19, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held October 3, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson and Kuehne
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1958 was approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law.
Approved as to Form:
JANICE D. MAGDICH
City Attorney
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NIFER MJFERRAIOLO
City Clerk