HomeMy WebLinkAbout2341ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles
relating to the Light Department,
regulating the use of electric current,
establishing prohibitions and fixing
penalties, repealing Ordinance No. 890,
Section 8 of Ordinance 2137, Section 8
of Ordinance 2054, and amending PAMC
13.12.080, and establishing a new
Chapter 13.10 of the Port Angeles
Municipal Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
Section 1. There is hereby adopted a new Chapter 13.10
of the Port Angeles Municipal Code to read as follows:
LIGHT DEPARTMENT
Sections:
13.10.010 - Light Department Established.
13.10.020 - Light Department Director.
13.10.030 - Access to Facilities.
13.10.040 - Connections.
13.10.050 - Prohibitions and Requirements.
13.10.060 - Meters.
13.10.070 - Department Employees and Agents.
13.10.080 - Duties and Liabilities.
13.10.090 - Penalties.
13.10.010 - Light Department Established. For the
purpose of carrying into effect the provisions of this Chapter
and for the purpose of operating and regulating the light and
power system utility of the City of Port Angeles, there is
created and established a Department to be known as the City
Light Department and which, for the purposes of this Chapter,
shall also be referred to as the "Department ".
13.10.020 - Light Department Director.
A. The City Manager shall appoint a suitable and qualified
person as Director of the City Light Department.
-1-
B. The word "Director ", as used in this Chapter, shall
mean the Director of the City Light Department, or his designated
agent or employee.
C. The Director shall have full charge and control of all
work provided for and contemplated by this Chapter subject to the
ultimate control and authority of the City Manager and the City
Council.
D. The Director shall have authority to adopt and file, as
appropriate, rules, regulations, policies, and procedures relat-
ing to the Department's performance of the provisions of this
Chapter and to the operation of the City's light and power
system.
E. The Director shall have the authority to restrict the
use of loads, generation, and /or services during an emergency
when the Director determines that the continued use of the loads
would jeopardize the City's generation, transmission, substation,
or distribution system.
F. During periods of power shortage, the Director may
limit the use of electric space heating in any manner that may be
deemed necessary. At any time, the Director may refuse to supply
electricity to any customer whose demand therefor may seriously
impair service to any other customer.
13.10.030 - Access to Facilities.
A. The Director shall have free access at any reasonable
time to any and all premises furnished with electric current by
the City for the purpose of inspection of any wires or electric
devices on such premises, reading or installing meters, and
removing or repairing any property of the City, or for any other
reasonable purpose connected with the light and power system of
the City. For the Department's systems in underground areas,
24 -hour personnel access shall be provided to all vaults, switch -
gear rooms, or other facilities on customer property.
-2-
B. All lamps, meters, wires and other electrical equipment
or appliances supplied by the City shall be and remain the prop-
erty of the City and may be removed, replaced or repaired when-
ever the Director may so elect.
C. Upon request, the customer shall correct any condition
that limits or restricts free and safe access to the Department's
meters or service. Failure of the customer to comply within a
reasonable time specified, as determined by the Director, shall
subject the customer to disconnection of service.
13.10.040 - Connections.
A. All purchased electricity, other than emergency, stand-
by service, or customer generation, used on the premises of the
customer shall be supplied exclusively by the Light Department
within the City. No person, firm, company, or utility shall
directly or indirectly sell, sublet, assign or otherwise dispose
of to another, electrical power received by him /her /them from the
City. No person, firm, company or utility shall buy, lease or
otherwise receive electrical power from any person, firm, company
or utility other than the City except as authorized by the
Director. Nothing herein shall be taken as forbidding landlords
or marinas who pay for electricity used by their tenants from
providing such electric service and charging a mutually agreed
figure therefor. Purchases of electricity for resale are
prohibited, except between electric utilities as authorized by
the Director.
B. Nothing contained in this Chapter shall be construed as
requiring the City or the Director to enter into any contract or
to furnish electric current to any person applying therefor. The
Director is hereby authorized and empowered to refuse to enter
into any such contract or to furnish such electric current.
C. The Director may, before connecting any premises with
the City's circuits or furnishing electric current therefrom,
cause the wiring, appliances and fixtures to be carefully in-
-3-
spected, and until such wiring, appliances and fixtures are put
in proper condition satisfactory to the Director, decline to
connect the service wires with the City's circuits and shall have
the power at any time to disconnect the service from the premises
when the wiring, appliances or fixtures shall become or are found
to be defective or dangerous, until the same are repaired to the
satisfaction of the Director.
D. It shall be unlawful for any person other than the
Director to connect any house, premise, wire, or other appliances
with the City's electric current for the purpose of securing
electric current therefrom, or for any other purpose whatever.
E. No customer shall connect his service with that or any
other customer, or in any way supply any other person or premises
with electricity through his service, except as approved by the
Department after the filing of a written application with the
Department for the connection and receipt of a permit trom the
Department for connection. In the absence of a signed agreement
or application for service, the delivery of electric service and
the acceptance thereof by the customer shall be deemed to consti-
tute an agreement that incorporates this Chapter.
F. The customer shall provide a suitable service entrance
to the premises at the point of easiest access to the distribu-
tion line that the Department proposes to connect to the cus-
tomer's system. Such entrance shall be continuous and so ar-
ranged that the possibility of improper tampering or interference
is minimized.
G. The Department may require customers to provide on
their premises, at their own expense, additional protective de-
vices deemed necessary by the Department to protect the Depart-
ment's property or personnel, or the property or personnel of the
Department's other customers.
H. The Department shall not supply electricity for any new
or larger service to multiple dwelling buildings for the purpose
-4-
of master metering the energy usage of the dwelling units except
for master metered services approved prior to December 1, 1984.
I. The Department has the responsibility of providing
electrical equipment of a suitable capacity to deliver power in
accordance with the customer's load requirements. In the event
that the customer changes his load materially, exceeding that
initially provided, he shall notify the Department sufficiently
in advance so that the Department may revise its facilities
accordingly. In the event that the customer fails to notify the
Department and, as a result, the City's equipment is damaged, the
customer shall be liable for the costs of such damage.
13.10.050 - Prohibitions and Requirements.
A. Unless authorized by the Department, no person shall
commit the following acts or cause others to commit the following
acts: In any manner damage, multilate, destroy, remove, connect,
disconnect, or in any way interfere or tamper with any machinery,
poles, wires, meters, seals, or other equipment belonging to, or
in any manner connected with, the light and power system of the
City. Whenever it becomes necessary to disconnect, remove, or
relocate any poles, wires, underground facilities, or other
equipment belonging to the City, the work shall be done by or
under the direction of the Department. Prior notice shall be
given to the Department by the person desiring the work done,
stating when and where the work is required. The person desiring
the work may be required to pay the cost of labor, equipment
rental, material and overhead charges required to do the work.
B. The customer shall at all times keep his wiring and
appliances in such condition that they can be used without caus-
ing damage, delay, or cost to the City.
C. The City shall use reasonable diligence in providing
adequate electrical service to the customer. However, should the
nature of the customer's equipment require protection, reversal
of phase rotation, voltage control, unbalance, single phasing,
-5-
safety, reliability or other requirements which exceed the levels
provided by the City, it shall be the responsibility of the
customer to provide such protection at his own expense. The City
shall not be liable for damages caused to the customer's equip-
ment when the customer's equipment requirements exceed those
provided for by the City. The customer shall have the respon-
sibility to provide suitable devices adequate to protect his
three -phase motors and other equipment against reversal of phase
rotation and single phasing.
D. Customers shall not cause unusual fluctuations or dis-
turbances in the City's electrical system. Customers may be
required, at their own expense, to install suitable apparatus
which will reasonably limit such disturbances. Where the cus-
tomer's use of electrical equipment results in an interference
with the quality of the customer's own service or that of
neighboring customers, or where the customer requires voltage
control within unusually close limits, the Department may require
to provide, at the customer's own expense, such special or addi-
tional equipment as is required. This may apply to cases of
extreme unbalance of single and three -phase loads.
E. The Department shall be notified in case of defective
service by the customer, owner, or person in control of the
premises.
13.10.060 - Meters.
A. When any customer desires to use electricity for pur-
poses classified under different rates as established by Chapter
13.12 PAMC, separate meters must be installed to measure the
current supplied at each rate, and the electricity passing
through each meter must be charged for at the price specified in
the rate schedule for such separate uses.
B. The Department will make periodic tests and inspections
of meters and will make additional tests or inspections of meters
at the request of any customer. No charge shall be made for any
-6-
•
•
such additional test if there is a meter error of more than two
percent. If the meter error is two percent or less, the fee for
a meter test shall be charged to and collected from the customer.
If any test shows a meter error of more than two percent, a pro
rata adjustment shall be made in the customer's billing for a
period of not more than ninety days prior to the date of the
test; provided, that in no event shall any adjustment be made for
any period prior to the date of any previous meter test.
C. The Department may install sealable locking devices on
certain enclosures containing unmetered conductors, including but
not limited to meter sockets, meter enclosures, current trans-
former enclosures, test switch enclosures, wire troughs, bus
gutters, and terminal boxes.
D. New or enlarged services to a duplex or a multiple
dwelling building shall have common areas and common equipment
supplied through a separate house meter.
E. The customer shall not install or use equipment or
devices to sub -meter electricity for the purpose of reselling or
otherwise apportioning the costs of electric energy usage; except
that the Department shall permit the apportionment of electricity
for boat mooring establishments under the following circum-
stances:
1. New or ungraded service to boat mooring establish-
ments shall be master metered. The Department will not provide
meters for individual moorage spaces nor directly bill individual
boat moorage tenants at a boat moorage establishment.
2. Apportionment of electricity by customer - operator
shall be considered a service provided by a boat mooring estab-
lishment. The charge for such service shall be reasonable and
non - discriminatory and shall not exceed the operator's average
cost per KWH as billed by the City plus the operator's reasonable
-7-
cost of providing such service, and shall not exceed the propor-
tion of the costs for which the boat moorage tenant is respon-
sible.
F. Depending on the particular installation, the
Department may provide a portion of the customer's service
entrance equipment. The type of metering equipment (which may
include meter, current transformer and enclosures, meter bases
and junction boxes) shall be determined by the Department. Meter
sockets shall be placed only at those locations authorized by the
Department and shall afford proper protection to meters. In
order that the meter can be easily read, the center of the meter
socket shall be located not less than five feet or more than
seven feet above finish grade. If, as determined by the
Department, the meter is inaccessible or improperly located for
reading, the customer shall be required to relocate his service
entrance to a suitable location or the Department may install a
remote metering device and all costs incurred shall be borne by
the customer.
G. Should the customer request additional metering
equipment, the Department may install such equipment as agreed
upon. The cost of such additional equipment, including necessary
spares if any, shall be borne by the customer, including labor,
equipment rental, material and overhead charges.
The cost of maintenance of such additional equipment
shall be borne by the customer. The charge for maintenance of
such equipment shall be sufficient to cover the Department's
costs as determined by the Director.
13.10.070 - Department Employees and Agents.
A. It shall be unlawful for any inspector, agent or em-
ployee of the City to ask, demand, receive or accept any personal
compensation for any service rendered to a consumer of electric
current or to any other persons or customers in connection with
supplying, connecting, or furnishing electric current by the
City.
B. No promises, agreements or representations of any em-
ployee or agent of the City with reference to the furnishing of
services by the Department or its employees shall be binding on
the City unless the same shall be in writing, signed by the
Director.
13.10.080 - Duties and Liabilities.
A. Nothing in this Chapter shall be construed as placing
upon the City any responsibility for the condition, maintenance
or safety of customers' electrical wiring or current consuming
devices or other equipment; and the City shall not be responsible
for any loss or damage resulting from defects, failures, malfunc-
tions, or electrical faults in or originating in any electrical
wiring, current consuming devices, or other equipment which they
may own or operate, install or maintain. The City shall not be
responsible for damage to persons or property arising from the
use of the electric service on the premises of the customer.
B. It is the responsibility of customers to protect them-
selves, life and property from the use, misuse, and /or availabili
of electrical current on their premises and from the consequences
of the use, misuse and /or availability of electrical current on
their premises.
C. It is the responsibility of customers to provide, in-
stall, use, inspect, and maintain suitable protection and protec-
tive devices to protect themselves, life, and property from any
defect, failure, malfunction and /or electrical fault in or
originating in any electrical wiring, current consuming devices,
or other equipment which they may own, operate, install, or main-
tain; and to protect themselves, life, and property from the con-
sequences of any defect, failure, malfunction and /or electrical
fault in or originating in any electrical wiring, current consum-
ing devices, or other equipment which they may own, operate,
install, or maintain.
D. The City shall not be liable for any loss, injury, or
damage resulting from the interruption, restoration, or reduction
of electric service from any cause, including but not limited to
failure of generation, transmission, substation, and distribution
systems, inadequacy of energy supply, implementation of emergency
plans, or temporary disconnections for repairs and maintenance or
failure to pay for service rendered.
13.10.090 - Penalties.
A. Any person, firm or corporation who shall fail to com-
ply with any of the provisions of this Chapter shall be deemed
guilty of a Class II misdemeanor.
B. In addition to any other penalty for the violation of
the provisions of this Chapter, the electric service of any
person determined to have violated the provisions of this Chapter
may be discontinued and such violator shall be civilly and
criminally liable for all damages and for all extra current used
by reason of such violation.
Section 2. PAMC 13.12.080 is hereby amended to read as
follows:
13.12.080 Contract Sales.
A. The Director of the City Light Department shall have
the authority to enter into special contracts covering electric
power service, purchases, and sales, at rates other than speci-
fied in this Chapter, to meet specific operating conditions,
provided that such rates recover the cost of providing the
service, and provided that the City Manager, Mayor and Council
members of the Utility Advisory Committee are notified, and
provided that such rates have a term of no more than ninety (90)
days before formal adoption by the City Council.
B. The Director of the City Light Department shall have
the authority to enter into the following contracts, provided
-10-
that such contracts do not exceed a term of five (5) years:
1. Guaranteed annual revenue contracts designed to
repay capital outlay and service costs.
2. Facilities construction contracts for contribu-
tions in aid of construction and for revenues from jobbing and
contract work.
3. Frontage and lot reimbursement contracts for
customers where facilities are installed in the dedicated public
street and customers have donated public right -of -way and paid
for construction of the facilities.
Section 3 Repealer. Ordinance No. 890, Section 8 of
Ordinance 2137, and Section 8 of Ordinance 2054, are hereby
repealed.
Section 4 Severability. If any provision of this
Ordinance, or its application to any person or circumstance is
held invalid, the remainder of the Ordinance, or the application
of the provision to other persons or circumstances is not
affected, and to this end, the provisions of this Ordinance are
declared to be severable.
Section 5 Effective Date. This Ordinance shall take
effect as provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the day of
ATTEST:
, 1985.
61L
Mer_i A. . Lannoye, City Olerk
APPROVEID AS TO FO
Craig D. ASnutson, City Attorney
PUBLISHED:
-12-
CLUL--D
M A Y 0