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HomeMy WebLinkAbout3297ORDINANCE NO. 3297 AN ORDINANCE of the City of Port Angeles, Washington, revising electric utility rates and amending Chapters 13.10, 13.12 and 13.14 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. Ordinance 3080 and Chapter 13.10 of the Port Angeles Municipal Code are hereby amended by amending PAMC 13.10.060 to read as follows: 13.10.060 Meters. A. When any customer desires to ttsepurchase electricity for putposcs classtficd under a metered rate 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 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 transformer 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 submeter 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 and recreational vehicle (RV) parks under the following circumstances: 1. Electrical service to boat mooring establishments and recreational vehicle parks may be master metered. The Department will not provide meters for individual spaces nor directly bill individual tenants at a boat moorage establishment or recreational vehicle park for which a master metering arrangement has been established. • • • 2. Apportionment of electricity by customer - operator shall be considered a service provided by a boat mooring establishment or recreational vehicle park. The charge for such service shall be reasonable and nondiscriminatory and shall not exceed the operator's average cost per KWH as billed by the City plus the operator's reasonable cost of providing such service, and shall not exceed the proportion of the costs for which the boat moorage or recreational vehicle park tenant is responsible. F. Depending-on When the Department determines that, in the particular installation, it is in the best interest of the Department to do so, 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. G. As to monthly demand charges established under Chapter 13.12, billing demand shall be based on the maximum 15- minute average metered demand or the maximum 15- minute rolling average metered demand that occurs each month. H. 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. 61. 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 ecost 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 Public Works & Utilities Director. The Department may provide metering pulses from existing metering equipment at the customer's cost. Section 2. Ordinance 3271 and Chapter 13.12 of the Port Angeles Municipal Code are hereby amended by amending PAMC 13.12.030 through 13.12.073 to read as follows: 13.12.030 Schedule R -03 - Residential Service. A. Applicability. This schedule applies throughout the City for domestic uses in single - family residences, individual apartments or farms. Separately metered services incidental to single- family residential and farm service may be served under this schedule. B. Character of Service. Sixty cycle, alternating current, 120/240 volts nominal, single phase service will be furnished under this schedule, supplied through a single meter and one point of delivery. C. Uniform Rate: 1. Base Charge $11.00 per month 2. Energy Charge $ 87E6450 0.05820 per kWh 3. If a person does not request the time -of -use rate, the uniform rate specified within this section shall apply. -2- • • D. Time -of -Use Rate: 1. Base Charge $11.00 per month 2. Monthly Energy Charge $-0796-1-8-0 0.06600 kWh during heavy load hours and $ 0.04170 0.04450 per kWh during light load hours. 3. Heavy load hours are all hours from 6:00 A.M. to 10:00 P.M., Monday through Saturday. Light load hours are all other hours. Pacific Prevailing Time applies (Pacific Standard Time or Pacific Daylight Time, as applicable). 4. The time -of -use rate is available upon request providing payment of the smart meter charge and utility service fee have been made in accordance with 3.70.010.B.4 and 3.70.105 PAMC, respectively. The minimum term for this rate shall be one year. A utility service fee, in accordance with 3.70.010.B.4 PAMC, shall be charged each time a customer, other than a new customer at the service location, changes the rate applicable to the service location from the time -of -use rate to the uniform rate. 13.12.040 Schedule GS -03 - General Service. A. Applicability. This schedule applies to all accounts not covered by other rate schedules with the following types of service: 1. 120/208 or 120/240 volts, single or three phase, service panel of 400 amps or smaller. 2. 240/480 or 277/480 volts, three phase, service panel of 200 amps or smaller. 3. Municipal traffic signal and street lights of cxisting luminarics and controls by the Public -Works and Utilities Departnient. 4. Municipal emergency management systems. 5. Cable television system single phase power supplies in accordance with Section 10.2 of Ordinance no. 3116. B. Character of Service. Sixty cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a single meter and one point of delivery. C. Uniform Rate: 1. Base Charge a. Single phase $15.00 per month b. Three phase $37.50 per month c. Municipal traffic signal $125.00 per month d. Municipal street light $90.00 per month e. Municipal emergency management system $21.35 per month 2. Monthly Energy Charge: $ 0.05480 0.05850 per kWh. 3. If a person does not request the time -of -use rate, the uniform rate specified within this section shall apply. D. Time -of -Use Rate: 1. Base Charge a. Single phase $15.00 per month b. Three phase $37.50 per month 2. Monthly Energy Charge $ 0.0690 0.06610 per kWh during heavy load hours and $ 0.04210 0.04500 per kWh during light load hours. -3- • • 3. Heavy load hours are all hours from 6:00 A.M. to 10:00 P.M., Monday through Saturday. Light load hours are all other hours. Pacific Prevailing Time applies (Pacific Standard Time or Pacific Daylight Time, as applicable). 4. The time -of -use rate is available upon request providing payment of the smart meter charge and utility service fee have been made in accordance with 3.70.010.B.4 and 3.70.105 PAMC, respectively. The minimum term for this rate shall be one year. A utility service fee, in accordance with 3.70.010.B.4 PAMC, shall be charged each time a customer, other than a new customer at the service location, changes the rate applicable to the service location from the time -of -use rate to the uniform rate. 5. The base charges for municipal traffic signals and street lights includes maintenance of existing luminaries and controls by the Public Works and Utilities Department. 6. The municipal emergency management system base charge shall apply to s stems with a normal o.eratin load of 150 watts or less which shall not be re.uired to be metered. E. Adjustment. The monthly charges imposed under this Schedule GS -03 for customers that were annexed into the City by Ordinance No. 3207, shall be adjusted. The adjustment shall be calculated and applied as follows: 1. The adjustment amount shall be eighty percent of the difference between (1) the amount charged by the City and (2) the amount that would have been charged by the Clallam County Public Utility District for electric service during the same time period. The amount so calculated shall be added to the customer's monthly utility statement. The calculation shall use rates in effect during subsequent years by the City and the Clallam County Public Utility District. 2. As to the energy charge, the adjustment calculation shall be applied each month. Energy exceeding the amount consumed during calendar year 2005 shall not be subject to an adjustment. 3. The adjustment shall apply only to customers receiving electric service from the Clallam County Public Utility District on or before June 30, 2005 and shall apply for a 5 year period starting with the first monthly billing after the customer is transferred to City electrical service. 4. The adjustment shall be made only if the charges the Clallam County Public Utility District would have charged exceed the City's actual amount charged. 13.12.041 Schedule GD -03 - General Service Demand. A. Applicability. This schedule applies to all not covered by other rate schedules with the following types of service: 1. 120/208 or 120/240 volts, single or three phase, service panel larger than 400 amps. 2. 240/480 or 277/480 volts, three phase service panel larger than 200 amps. B. Character of Service. Sixty cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a single meter and one point of delivery. -4- • • C. Uniform Rate: 1. Base Charge: a. Single phase $30.00 per month b. Three phase $75.00 per month 2. Monthly Energy Charge: $ 0 -03620 0.03920 per kWh 3. Billing Demand: a. Billing demand for each month shall be the maximum 15 -minute deman d for the month based on KW (real power) after adjustment for power factor or KVA (apparent power) in lieu of power factor adjustments. b. Monthly Demand Charge: $3.35 per kW. 4. If a person does not request the time -of -use rate, the uniform rate specified within this section shall apply. D. Time -of -Use Rate: 1. Base Charge: a. Single phase $30.00 per month b. Three phase $75.00 per month 2. Monthly Energy Charge $ 9 -04306 0.04660 per kWh during heavy load hours and $ 03-469 0.03750 per kWh during light load hours. 3. Billing Demand: a. Billing demand for each month shall be the maximum 15- minute demand during heavy load hours for the month based on KVA (apparent power) in lieu of power factor adjustments. b. Monthly Demand Charge: $2.21 per KVA. 4. Heavy load hours are all hours from 6:00 A.M. to 10:00 P.M., Monday through Saturday. Light load hours are all other hours. Pacific Prevailing Time applies (Pacific Standard Time or Pacific Daylight Time, as applicable). 5. The time -of -use rate is available upon request providing payment of the smart meter charge and utility service fee have been made in accordance with 3.70.010.B.4 and 3.70.105 PAMC, respectively. The minimum term for this rate shall be one year. A utility service fee, in accordance with 3.70.010.B.4 PAMC, shall be charged each time a customer, other than a new customer at the service location, changes the rate applicable to the service location from the time -of -use rate to the uniform rate. rcflcct dclivcry to the -customer at-sctuiidary voltage FE. Power Factor Adjustments: If the average power factor at which power is delivered to the customer is less than 95% lagging, the billing demand may be increased by one percent for each percent or major fraction thereof that the average power factor is less than 95% lagging, unless otherwise specified. The average power factor will be determined by measurement of kilowatt hours and reactive kilovolt- ampere hours during the billing period using the following formula: -5- 1 • PF = kWh/(kWh2 + kvarh2)o5 Where PF = Where kWh = Where kvarh = Average power factor Kilowatt hours Reactive kilovolt- ampere hours The metering reactive volt - ampere -hours shall be ratcheted to prevent reverse rotation when the power factor of the load is leading. GF. Adjustment. The monthly charges imposed under this Schedule GD -03 for customers that were annexed into the City by Ordinance No. 3207, shall be adjusted. The adjustment shall be calculated and applied as follows: 1. The adjustment amount shall be eighty percent of the difference between (1) the amount charged by the City and (2) the amount that would have been charged by the Clallam County Public Utility District for electric service during the same time period. The amount so calculated shall be added to the customer's monthly utility billing statement. The calculation shall use rates in effect during subsequent years by the City and the Clallam County Public Utility District. 2. As to energy and demand charges, the adjustment calculation shall be applied each month. Energy and demand exceeding the amount consumed during calendar year 2005 shall not be subject to an adjustment. 3. The adjustment shall apply only to customers receiving electric service from the Clallam County Public Utility District on or before June 30, 2005 and shall apply for a 5 year period starting with the first monthly billing after the customer is transferred to City electrical service. 4. The adjustment shall be made only if the charges the Clallam County Public Utility District would have charged exceed the City's actual amount charged. 13.12.042 Schedule NP -03 - Nonprofit Tax - Deductible. A. Applicability. This schedule applies to all nonprofit tax - deductible organizations. B. Character of Service. Sixty cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a single meter and one point of delivery. C. Uniform Rate: 1.. Base Charge a. Single phase $15.00 per month b. Three phase $37.50 per month 2. Monthly Energy Charge: $ 0 705960 0.06340 per kWh 3. If a person does not request the time -of -use rate, the uniform rate specified within this section shall apply. D. Time -of -Use Rate: 1. Base Charge a. Single phase $15.00 per month b. Three phase $37.50 per month 2. Monthly Energy Charge $06690 0.07110 per kWh during heavy load hours and $06$0 0.04970 per kWh during light load hours. -6- • • 3. Heavy load hours are all hours from 6:00 A.M. to 10:00 P.M., Monday through Saturday. Light load hours are all other hours. Pacific Prevailing Time applies (Pacific Standard Time or Pacific Daylight Time, as applicable). 4. The time -of -use rate is available upon request providing payment of the smart meter charge and utility service fee have been made in accordance with 3.70.010.B.4 and 3.70.105 PAMC, respectively. The minimum term for this rate shall be one year. A utility service fee, in accordance with 3.70.010.B.4 PAMC, shall be charged each time a customer, other than a new customer at the service location, changes the rate applicable to the service location from the time -of -use rate to the uniform rate. 13.12.043 Schedule GD -04 - General Service Demand — Primary Metered. A. A . . licabilit This schedule a . . lies to all accounts not covered b other rate schedules with the following types of service: 1. 120/208 or 120/240 volts, single or three phase, service panel larger than 400 amps. 2. 240/480 or 277/480 volts, three phase service panel larger than 200 amps. 3. When electric current is measured at primary voltage and delivery to the customer is at secondary voltage. B. Character of Service. Sixty c cle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a sin. le meter and one point of delivery. C. Uniform Rate: 1. Base Charge: a. Single phase $30.00 per month b. Three phase $75.00 per month 2. Billin demand for each month shall be based on KVA a . . arent . ower in lieu of power factor adjustments. 3. Monthly Demand Charge: All months: $3.30 per KVA of billing demand. 4. Monthly Energy Charge: $0.03860 per kWh. 5. If a • erson does not re uest the time -of -use rate the uniform rate s . ecified within this section shall apply. D. Time -of -Use Rate: 1. Base Charge: a. Single phase $30.00 per month b. Three phase $75.00 per month 2. Monthl Ener Char e '. 0.04590 • er kWh durin hea load hours and $0.03690 per kWh during light load hours. 3. Billing Demand: a. Billin demand for each month shall be the demand durin hea load hours for the month based on KVA anIarent power) in lieu of power factor adjustments. b. Monthly Demand Charge: $2.18 per KVA. 4. Heavy load hours are all hours from 6:00 A.M. to 10:00 P.M. Monda throu ' h Saturda Li ht load hours are all other hours. Pacific Prevailin Time a . . lies Pacific Standard Time or Pacific Daylight Time, as applicable). -7- • • 5. The time -of -use rate is available upon request providing payment of the smart meter charge and utility service fee have been made in accordance with 3.70.010.B.4 and 3.70.105 PAMC, respectively. The minimum term for this rate shall be one year. A utility service fee, in accordance with 3.70.010.B.4 PAMC, shall be charged each time a customer, other than a new customer at the service location, changes the rate applicable to the service location from the time -of -use rate to the uniform rate. 13.12.060 Schedule PS -03 - Primary Service. A. Applicability. This schedule applies to all accounts which own and operate a primary voltage distribution system with a connected load greater than 1,000 KVA. B. Character of Service. Service to be furnished under this schedule is unregulated three phase, sixty cycle, alternating current at primary voltage, 12.5 KV nominal. Service under this schedule shall be provided and measured at the point(s) of interconnection of the distribution facilities of the customer and the City. C. Uniform Rate: 1. Base Charge: $200.00 per month 2. Billing demand for each month shall be the maximum - for the month based on .. • :: ' . .. •• : KVA (apparent power) in lieu of power factor adjustments. 3. Monthly Demand Charge: All Months: $4.15 per kWKVA of billing demand. 4. Monthly Energy Charge: a. All billings between September 1 and May 31: $0705660 0.03940 per kWh. b. All billings between June 1 and August 31. $07020 0.02400 per kWh. 5. If a person does not request the time -of -use rate, the uniform rate specified within this section shall apply. D. Time -of -Use Rate: 1. Base Charge: $200.00 per month 2. Monthly Energy Charge $0.035900 0.04200 per kWh during heavy load hours and $070560 0.03300 per kWh during light load hours. 3. Billing Demand: a. Billing demand for each month shall be maxirritmr one-hour the demand during heavy load hours for the month based on KVA (apparent power) in lieu of power factor adjustments. b. Monthly Demand Charge: $3.07 per KVA. 4. Heavy load hours are all hours from 6:00 A.M. to 10:00 P.M., Monday through Saturday. Light load hours are all other hours. Pacific Prevailing Time applies (Pacific Standard Time or Pacific Daylight Time, as applicable). 5. The time -of -use rate is available upon request providing payment of the smart meter charge and utility service fee have been made in accordance with 3.70.010.B.4 and 3.70.105 PAMC, respectively. The minimum term for this rate shall be one year. A utility service fee, in accordance with 3.70.010.B.4 PAMC, shall be charged each time a customer, other than a new customer at the service location, changes the rate applicable to the service location from the time -of -use rate to the uniform rate. • • wc..r 1 at,tm Adiustlnents: 95% lagging, the billing &n and nay be incrcascd by one peicent—for each pert t--u1 major P a 13.12.071 Schedule IT -03 - Industrial Transmission. A. Applicability. This schedule applies to all accounts where power is taken at transmission voltage. B. Character of Service. Service to be furnished under this schedule is unregulated three phase sixty cycle, alternating current at transmission voltage, 69 KV nominal. C. Point of Delivery: Service under this schedule shall be provided and measured where the customer's facilities interconnect with the facilities of the City and the Bonneville Power Administration. D. Service Policy: Service under this schedule is subject to the Customer Service Policies of the City. E. Rate: 1. Monthly Basic Charge The Basic Charges shall be established annually as part of the City's annual budget process. 2. Energy Charges: The monthly wholesale cost of energy to the City times the measured KWH. 3. Demand Charge: the monthly wholesale cost of demand to the City times the customer one -hour peak. 4. Other Charges: Any other power or transmission charges will be billed at the wholesale rate charged to the City times the proportional share serving the industrial customer. 5. Reactive Power Charge: Reactive Energy: Proportional share of total City charges for lagging reactive energy during HLH and leading reactive energy during LLH. Reactive Demand: Proportional share of total City charges for lagging reactive demand during HLH and leading reactive demand during LLH. Reactive ratchet demand: Any reactive demand ratchet established while a customer of the City are due until the ratchet is retired. -9- • • 6. Taxes: Utility and other taxes will be added to customer bills such that they recover the actual tax obligation of the Utility and City. 13.12.072 - Schedule L -03 - Lighting. A. Applicability. This schedule applies to all approved unmetered yard and area lights. B. Installation. Yard or area lights are available upon request. Upon approval by the Public Works & Utilities Department, lights will be installed only on existing utility -owned poles for the use and convenience of customers. A one -year contract for service will be required before the light will be installed. Customer ownership of lighting is limited to existing lights only. C. Maintenance. The Public Works & Utilities Department retains ownership of the area lighting; maintenance of City owned lights shall be the responsibility of the Public Works & Utilities Department, maintenance of customer owned lights shall be the responsibility of the customer. D. Rate. 1. Lighting which remains in Public Works & Utilities Department ownership: a. 100 watts or less: 'x$'8-1.0 8.60 per month b. More than 100 watts, but 150 watts or less: A-$11.80 12.50 per month c. More than 150 watts, but 200 watts or less: 215-$13.1-0 13.90 per month d. More than 200 watts: I $+5720 16.10 per month 2. Lighting which remains in customer ownership (existing lights only): a. 100 watts or less: A-$671-0 6.45 per month b. More than 100 watts, but 150 watts or less: c. More than 150 watts, but 200 watts or less d. More than 200 watts: 2k$6 7.15 per month x$7.45 7.90 per month AS 45 11.10 per month 13.12.073 Schedule MW -03 - Municipal Water Pumping. A. Applicability. This schedule applies to municipal water pumping facilities where the connected load is greater than 500 KVA. B. Restrictions. Timers approved by the Public Works & Utilities Department shall be installed to prevent pumping during restricted hours as determined by the Public Works & Utilities Department. C. Character of Service. Service to be furnished under this schedule is three phase, sixty cycle, alternating current at available voltage. ;rs� roe-ror powc, -10- , ....... • • D. Rate: 1. Basic Charge: $200.00 per month 2. Billing demand for the month shall be the maximum 15- minute demand based on KVA (apparent power) in lieu of power factor adjustments. 3. Monthly Demand Charge: a. No charge for dDemand occurring during the hours of 2:00 P.M. through 6:00 A.M., Monday through Saturday, and all hours Sunday, and other hours as approved by the Public Works & Utilities Director-. ppiic 0 b. All other hours: All Months: 4. Monthly Energy Charge: a. ''All billings between September 1 and May 31: $0.06040 0.06440 per kWh during heavy load hours and $0703-0-1-9 0.03210 per kWh during light load hours. b. *A11 billings between June 1 and August 31: $0.03599 0.03830 per kWh during heavy load hours and $0.01 -970 0.02100 per kWh during light load hours. c. Heavy load hours shall include all hours from 6:00 A.M. to 10:00 P.M., Monday through Saturday, light load hours shall include all other hours. 5 Power Factor Adjustments: $3.50 per k-WKVA-erf billing-demand is less than 95% lagging, the billing demand may be increased by one percent for each peiccnt vv ncic i i Whcrc kWh = var ge power factor Kilowatt hours Section 3. Ordinance 3084 and Chapter 13.14 of the Port Angeles Municipal Code are hereby amended by amending PAMC 13.14.010 and 13.14.030 to read as follows: 13.14.010 - General Provisions. The purpose of this Chapter is to ensure the safe and efficient use of overhead lines on City -owned poles within the City's rights -of -way or public utility easements and to compensate • • the City for the use of the poles. This Chapter establishes provisions necessary to ensure compliance with : Chapter 11.14 Telecommunications, Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way Use, and Chapter 17.52 Wireless Telecommunications Towers and Facilities, Chapter 296 -44 296 -45 Washington Administrative Code (WAC) and the City's standard construction practices and specifications. This Chapter applies t� all current or future electric and telecommunication system entities that attach lines, equipment, or other devices to City -owned poles, also referred to as "grantees" or "joint pole users ". This Chapter does not apply to joint pole users who have agreements with the City for existing line, equipment or device attachments, which agreements precede the effective date of this Ordinance and are not terminated by the parties. This Chapter does apply, however, to new line, equipment or device attachments proposed after the effective date of this Ordinance. 13.14.030 - Construction Requirements. A. Construction Permit. 1. Use permit required. Joint pole users shall apply for and obtain a use permit in accordance with Chapter 11.08 PAMC Construction or Excavation Work Within Rights -of -Way. Upon completion of an attachment project, the modifying entity shall give written certification to the City that the attachment project is complete and complies with the use permit. 2. Certification of designs. Unless excepted by the City, cabling and pole attachment designs, specifically relating to pole strength and clearances considering all pole attachment uses, as required by Chapter 296 -44 296 -45 WAC, shall be certified by a designer and approved by the City. 3. Approval to proceed. When the application is satisfactory and approved, one (1) copy of the plans, map, sketches, and application will be returned to the applicant along with written approval to proceed. 4. Completion certification. Upon completion of an attachment project, the modifying entity shall give written certification to the City that the attachment project is complete and complies with the use permit B. Safety. Joint pole users, in accordance with applicable national, state and local safety requirements, shall at all times employ ordinary care and shall install and maintain facilities and shall use commonly accepted methods and devices to prevent failures and accidents which are likely to cause damage, injury or nuisance to the public. Joint pole users' facilities in, over, under and City rights -of -way or property, shall at all times be kept and maintained in a safe, suitable condition and in good order and repair. C. Violation of codes or standards. In any instance where the joint pole user's facilities are installed contrary to the Electrical Construction Code of the State of Washington or the City's standard practices and specifications, the joint pole user shall at its sole expense, and within thirty (30) days following written notice from the City, change, improve, or renew its installed equipment in such manner as the City may direct. If violation of any conditions applicable to the said installation is observed, the City reserves the right to stop construction immediately, and correction of the violation will be made before any part of the construction is continued. -12- • • D. Guys and anchors. The joint pole user shall, at its expense, install guys necessary to support the strain imposed on any pole by the installation of its facilities. When existing anchors are adequate in size and strength to support the equipment of all joint pole users, a joint pole user may attach its guys thereto. When anchors are not of adequate size and strength, the party whose new facilities necessitate additional anchors shall, at its own expense, install new anchors or request the owner to replace existing anchors with anchors adequate in size and strength. E. Responsibility for costs. The joint pole user shall bear all costs involved in contacting any pole owned by the City. If it is necessary for the City to do any work on poles to provide contact space, this work will be done only as crews are available to do so in their regular work schedule. Any other schedule will be on overtime rate at the expense of the company whose new facilities necessitate the work. F. Communications Space Available to Joint Pole Users. 1. Use of available space occupied by others. Where space is available and in compliance with the State of Washington Electrical Construction Code and all other applicable legal requirements, joint pole users engaged in the telecommunications utility business may be allotted contact space in the area occupied by other joint pole users. 2. Conditions of use. All joint pole users shall operate and maintain their communications facilities in such a condition as to avoid conflict or interference with other joint pole users. Additions to or alterations by a joint pole user shall be coordinated with all joint pole users. A joint pole user may not prevent the installation, alteration or maintenance of facilities of another joint pole user. Changes to communications facilities on a joint use pole shall be at the expense of the party whose activities necessitate the changes. G. Maintenance and Emergency Repairs. 1. Maintenance required. Each party shall at all times maintain all of its attachments, and perform any necessary tree - trimming or cutting incidental thereto, and shall keep them in safe conditions and in thorough repair. 2. Emergency work by City. In an emergency where it is necessary to clear lines and restore electric power to the City's customers as the result of an accident, windstorm, earth slide, or other condition where power lines, poles, or other supporting structures are damaged, destroyed or are in serious danger thereof, the City may transfer the joint pole user's facilities to new or other poles, or do any other work required in connection with the joint pole user's equipment necessary to restore electric service to the City's customers. The joint pole user shall reimburse the City for all costs incurred in connection with such emergency work done on the grantee's facilities. Section 4 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. -13- • • Section 5 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 6 - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect for power delivered on and after October 1, 2007. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 4th day of September, 2007. ATTEST: Becky J. :son, ty Cle APP OVED AS TO FO ` 7i William E. Bloor, Ci y`Attorney PUBLISHED: September 9 , 2007 By Summary G ;\Legal_ Backup\ ORDINANCES& RESOLUTIONS\ ORDINANCES .2007\2007- 26Titlel3Elecvic Utility Rate Changes 8- 8- 07.wpd August 21, 2007 -14- Summaries of Ordinances Adopted by the Port Angeles City Council on September 4, 2007 Ordinance No. 3295 This Ordinance of the City of Port Angeles, Washington, relates to drug free zones in public housing projects and amends Ordinance 2989, as amended, and Chapter 9.34 of the Port Angeles Municipal Code. This Ordinance adds the Wildwood Terrace Apartments, 934 West Lauridsen Boulevard, to the designated Drug Free Zones. Ordinance No. 3296 This Ordinance of the City of Port Angeles, Washington, rezones an area 100 feet deep (2 lots) along Race Street between 4th Street and 7th Street from RS -7 (Residential, Single Family) and RMD (Residential, Medium Density) to CO (Commercial Office). Ordinance No. 3297 This Ordinance of the City of Port Angeles, Washington, revises electric utility rates and amends Chapters 13.10, 13.12 and 13.14 of the Port Angeles Municipal Code. This Ordinance shall take effect for power delivered on and after October 1, 2007. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise stated above, these Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: September 9, 2007