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HomeMy WebLinkAboutOrdinances - No. 1989ORDINANCE NO. 1989 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 REENACTING 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 reenacting 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; eight percent discount for ten to twenty new positions. NJR discount, applicable to any commercial or industrial customer that adds 21 to 30 new, full-time positions, and retains those positions for 24 consecutive months, an eight percent discount; that adds 31-40 positions and retains those positions for 36 consecutive months, an eight percent discount; that adds 41-50 positions and retains those positions for 48 months, an eight percent discount; and that adds greater than 50 positions and retains those positions for 60 consecutive months, an eight percent discount. The discount will remain in effect if the number of new positions remain funded for the corresponding time period. The maximum discount available is eight percent; all discounts and time periods the discount remains in effect are contingent on the number of new, full-time employees added at the time of application; all discounts are subject to submission and validation of reports, as specified by the City. 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. C. The rate schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after January 1, 2022. 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 ordinance 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 January 1, 2022. 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: ER CU IR y Clerk State of California County of San Joaquin Approved this 1St day of December, 2021. ALAN NAKANISHI Mayor I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1989 was introduced at a regular meeting of the City Council of the City of Lodi held November 17, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 1, 2021, by the following vote: AYES COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1989 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. J- //, z 21-, 2,� . 4 J NIFER C�ISMIR ity Clerk Approved as to Form JANICE D MAGDICH City At ey