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7368-05 ORDINANCE NO. 7368-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCEHDULE OF FEES, RATES AND CHARGES, SECTION XXIV, UTILITIES - GENERAL AND DEPOSITS AND SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES, AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since May 1, 2002; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWA TER,FLORIDA: Section 1. That Appendix A - Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXIV. UTILlTIES--GENERAL AND DEPOSITS: Deposits and general utility information (~ 32.068) : * * * Ordinance No.7368-05 I (2) Deposits for service: * * * (b) Gas. Each account/premise served by gas shall be secured by a minimum deposit of $20.00 or two times the average monthly bill for gas service, 'Nhichever is gre::lter. Initial single-family residential deposits with no prior consumption history shall be set at $50.00$100.00. Initial non- residential or multi-family residential deposits shall be set at two times the average monthly bill as projected by the Gas Sales Representative based on the customer's equipment and the planned use of this equipment. The initial deposit may be set at less than the normal t'.vo month level upon determin::ltion of being in business for two years or more or other\vise providing s:3tisfactory oredit worthiness :3nd by executing :3 speci31 deposit/payment agreement :3pproved by the city manager which provides for a more rapid p3yment schedule th::ln normal. * * * XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (~32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System, based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or less. Monthly customer charge. . . . +,00$8.00 Non-fuel energy charge, per therm . . . . ~0.580 Minimum monthly bill . . . . $8.00+,00 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge. . . . $~20.00 Non-fuel energy charge, per therm . . . . ~0.580 2 Ordinance 7368-05 Minimum monthly bill. . . . ~20.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge. . . . ~$30.00 Non-fuel energy charge, per therm . . . . lO.580 Minimum monthly bill. . . . ~$30.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 or more. Monthly customer charge. . . . w,.oo$75.00 Non-fuel energy charge, per therm . . . . lO.580 Minimum monthly bill. . . . w,.oo$75.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0--17,999 therms. Monthly customer charge. . . . ~$20.00 Non-fuel energy charge, per therm . . . . l0.470 Minimum monthly bill. . . . ~$20.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge. . . . ~$30.00 Non-fuel energy charge, per therm . . . . l0.410 Minimum monthly bill . . . . ~$30.00 3 Ordinance 7368-05 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge. . . . ~$75.00 Non-fuel energy charge, per therm . . . . iO.350 Minimum monthly bill. . . . ~$75.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly customer charge. . . . 100.00$150.00 Non-fuel energy charge, per therm . . . . 0.280 Minimum monthly bill. . . . 100.00$150.00 Plus the non-fuel therm rate for the minimum number of contract therms per day (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. 4 Ordinance 7368-05 Monthly customer charge.... ^ ~ ' ,. h" ~'The . .~ ,- - - J \ . J ,- . J ' same as the normally applicable service classt I Non-fuel energy charge.... Per therm as established by contract Minimum monthly bilL.. Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption U) Residential natural gas air conditioning service (rate RAC): Firm natural gas service for domestic gas air conditioning in all residences of three (3) units or less where the gas air conditioning load is separately metered. Monthly customer charge.... $ 7-,008.00 only if this is not alre dy being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... 0.200 Minimum monthly bill.... $ 7-,008.00 at the premise on a fi m rate schedule (k) General natural gas air conditioning service (rate GAC): Firm natural gas air conditioning service for all commercial, industrial, and other non-residential applications where the installed gas air conditioning capacity is 0--149 tons and the gas air conditioning load is separately metered. 5 Ordinance 7368-05 Monthly customer charge.... $ ~20.00 only if this is not al eady being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.150 Minimum monthly bill.... $ ~20.00 at the premise on firm rate schedule (I) Large natural gas air conditioning service (rate LAC): Firm natural gas air conditioning service for all commercial, industrial, and other non-residential applications where the installed gas air conditioning capacity is 150 tons or more and the gas air conditioning load is separately metered. Monthly customer charge.... $ ~30.00 only if this is not al eady being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.100 Minimum monthly bill.... $ ~30.00 at the premise on firm rate schedule (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas and ways. Service may be metered or estimated at the discretion of the gas system. The customer may elect to subscribe for normal street lighting maintenance and relighting labor service, or they may call Clearwater Gas System for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or they may elect to maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will be billed as required. When the gas system provides 6 Ordinance 7368-05 poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed. Monthly customer charge. . . . ~$20.00 Non-fuel energy charge, per therm . . . . iO.200 Normal maintenance and relighting labor service charge, per therm . . . . iO.100 Plus any required equipment/parts Minimum monthly bill. . . . ~$20.00 Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual customer. This is handled like a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) 7 Ordinance 7368-05 Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (0) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge.... $ 7-0008.00 for residential or $-1 ~.:~r'l20.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.100 plus any applicable customer- specific or public fill station per therm facilities charges required to provide this service Minimum monthly bill.... Monthly customer charge, if applicable, plus any monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline." (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately 8 Ordinance 7368-05 established for back-up service, where no substantial gas service is used for year round purposes. Monthly customer charge. . . . ~$50.00 Non-fuel energy charge, per therm . . . . i0.470 Minimum monthly bill.... ~$50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service: (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for "year round" domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or less. Usage Class Annual Non-fuel Non-fuel Non- Units/Gallons Energy Charge Energy Charge refundable per Gallon per Therm Annual Customer Charge 1 0-60 $1.500 $1.639 $~v-h180.00 2 60.1--120 i1.300 i1.421 +2''-T~$144.00 3 120.1--300 i~0.900 i~0.984 ~$72.00 4 >300 i(h7000.800 i~0.874 AO.f'ln$60.00 (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively "leisure living" domestic uses (such as pool/spa heating, fireplaces, and grills) ~ 9 Ordinance 7368-05 customers with "year round" appliances who request "will call" status in all residences of three (3) units or less. A "Will Call" customer is responsible for monitoring tank fuel level and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (31l-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer's request. i.e. if the customer calls with a "Will Call" fill request on Monday, then we will fill no later than the followinq Friday. Annual Gallons Non fuel Energy Non fuel Energy ...1....... Ch::uge per Gallon Charge per Thorm ^...... ,....1 ~ - '-' Charge 1 st 300 $G,.8OO $M-74 $4MG I ~ 4-700 ~ I Usaqe Class Annual Non-fuel Enerqy Non-fuel Non-r fundable Units/Gallons Charqe per Gallon Enerqy Charqe Annu I per Therm Custo er Char 1 0-120 $1.300 $1.421 2 >120 $0.800 $0.874 (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) 10 Ordinance 7368-05 Monthly Customer Charge. . . . . . . . . . . . . $-7-:-008.00 Non-Fuel Energy Charge Per gallon. . . . . . . . . $0.800 (= Per therm . . . . . . . $0.874 Minimum Monthly Bill. . . . . .$-7-:-008.00 (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Non-fuel Non-fuel Non- Units/Gallons Energy Charge Energy Charge refundable per Gallon per Therm Annual Customer Charge 1 0--2500 $0.200 $0.219 $W.~72.00 2 >2500 iO.150 iO.164 ~.~rl$72.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) or less. Monthly customer charge. . . . $-7-:-008.00 Non-fuel energy charge: Per gallon. . .. i1.600 (=Per therm . . . . i1.7491 Minimum monthly bill. . . . -7-:-008.00 (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge. . . . $~20.00 11 Ordinance 7368-05 Non-fuel energy charge: Per gallon. . .. i1.600 (=per therm . . . . i1.7491 Minimum monthly bill. . . . 4-&:0020.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0--2,500 gallons. Monthly customer charge. . . . $4-&:0020.00 Non-fuel energy charge: Per gallon. . . . iO.200 (=Per therm . . . . iO.219) Minimum monthly bill. . . .4-&:00$20.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge. . . . $~30.00 Non-fuel energy charge: Per gallon. . . . iO.150 (= per therm . . . . iO.164) Minimum monthly bill . . . . ~$30.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. 12 Ordinance 7368-05 Monthly customer charge. ^s established by contr::lct (typic::llly tIhe same as the normally applicable service classf Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. U) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. $~8.00 for residential or $-1-MQ20.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. $0.100 per gallon f= $0.109 per therml plus any applicable customer-specific or public fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Monthly customer charge. $~8.00 for residential or $-1-MQ20.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, either metered or bulk delivered, where no other substantial gas service is used for year round purposes. Monthly customer charge. . . . $~50.00 Non-fuel energy charge: 13 Ordinance 7368-05 Per gallon. . . . ,$.0.390 (= per therm . . . . ,$.0.426) Minimum monthly bill. . . . $~50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (I) Propane Bulk-Delivered Gas Emeraency Generator or Other Standby Service (Rate LPSB): LP oas service to an account separately established for back-up service, where no other substantial oas service is used for year round purposes. Annual customer charoe . .. . $360.00 Non-fuel eneroy charge: Per oallon . . . . $0.390 (= per therm . . . . $0.426) Initial delivery charoe. A one-time charqe for the number of oallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charoe. (3) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. 14 Ordinance 7368-05 On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas System at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to 15 Ordinance 7368-05 recover the cost of the Clearwater Gas System purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm . . ~$1.110 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . .MOO$1.040 Propane (LP) gas rate schedule PGA: Per gallon ... .~$1.210 (= per therm . . . .~$1.322) The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for M~lrch 2002Februarv 2005. These PGA rates will normally be adjusted annually semi annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas Firm Standard Rate Schedule PGA and the Natural Gas Interruptible and Contract (Non-Standard) Rate Schedule PGA will be established and approved by the city manager or designee for each semi-annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally. a fixed monthly amount may be added to the customer charqe of applicable classes of natural qas service rates to recover the estimated impact of the added costs associated with qas purchased throuqh a third-party transporter (includinq qenerally east of the Suncoast Parkway in Pasco County). These added monthly customer charqes shall be credited to the overall PGA recovery account and will be initially set at: 16 Ordinance 7368-05 Residential........................... .................... $ 4.00 per month Small General Service & Multi-Family..... ....... $ 10.00 per month Medium General Service & Multi-Family... ..... $ 20.00 per month LarQe General Service & Multi-Family...... ...... $ 50.00 per month Interruptible Service ................................... $100.00 per month Contract Rates --- Apply the same as the normal class of customer usinQ the above schedules based on usaQe level These added monthly customer charQes may be adiusted upward or downward from time-to-time with the approval of the City ManaQer or desiQnee based on actual and proiected added PGA costs. (c) Energy conseNation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System as approved by the City Manager or designeeGas System ManaQinq Director. The ECA will not be applied to interruptible natural gas or contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the currently applicable ECA billing rate. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . ~$0.130 Propane (LP) Gas Rate Schedule ECA: Per gallon. . . . ~$0.130 (- per therm. . . .0.175 The above ECA rates are as currently approved for March ~Februarv 2005. These ECA rates will normally be reviewed annually semi annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs as approved by the City Manager since March 1, 1995, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. 17 Ordinance 7368-05 (d) Environmental imposition adjustment (rider EIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental programs imposed on the Clearwater Gas System by federal, state and local regulatory agencies. The EIA will not be applied to interruptible natural gas or contract rates. The currently calculated EIA rates are: Natural Gas Rate Schedule EIA, per therm . . . . iO.OOO Propane (LP) gas rate schedule EIA: Per gallon. . . . iO.OOO (- per therm . . . . 0.000) The above EIA rates are as currently approved for March ~Februarv 2005. These EIA rates will normally be reviewed annually semi annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected environmental project costs and projected consumption levels in order to recover the total cost of gas system environmental cost impositions as approved by the City Manager since February 1, 1993, as well as the labor and other costs attributable to such environmental projects. The over or under recovery of these EIA costs will be computed and an adjustment in the EIA rate may be made at the discretion of the City Manager or designee. (e) Weather normalization adjustment (rider WNA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas System due to unusually warm winter weather. The WNA rate is currently approved for March 2002Februarv 2005 at: Natural gas rate schedule WNA, per therm . . . . (hQ4G$0.010 Propane (LP) gas rate schedule WNA, per gallon. . . .(hQ4G$0.010 The WNA rates may be implemented based on actual heating degree day data, the gas system's projections of the impact of this weather on revenues, and projected consumption levels. The implementation of the WNA will be at the sole discretion of the City Manager or designee only if the heating degree day data as 18 Ordinance 7368-05 measured at the Tampa International Airport weather station was at least a ten percent variation below the ten-year historical average and the City Manager or designee determines that this has created a material impact on the earnings of the Clearwater Gas System warranting the WNA implementation. Any over or under recovery or distribution may be credited or debited to the ~PGA Adjustment Clause at the discretion of the City Manager or designee upon discontinuance of the charge. (f) Franchise and other citylcounty fees recovery clause (rate FFR): A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including tUrn-on of pilot lights) . . . . $30.00 $40.00 19 Ordinance 7368-05 Meter turn-on residential, same day as requested by customer (per account for new customers, seasonal reconnects, and after non- payment disconnect including turn-on of pilot lights) . . . .$60.00 $80.00 Discontinuo residential service. . . . $25.00 Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . . $60.00 $80.00 Meter turn-on commercial/industrial, same day as requested by customer (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $120.00 $160.00 Discontinue commerckll servico. . . . $50.00 Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $30.00 $40.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights). . . .$60.00. $80.00 Replace broken stop or locks on meters. . . . Time and materials Relocate gas meter. . . . Time and materials Turn-on gas pilot lights only (per account) . . . . $30.00 $40.00 Turn-off gas pilot lights only (per account) . . . . $25.00 $35.00 Repair or installation work (one hour minimum) plus materials: 1 person crew time on-site/hour. . . .$59.00 $79.00 2 person crew time on-site/hour. . . .$99.00 $129.00 Overtime surcharge for all work including installation, service and repair, and maintenance (as requested by the customer for evenings, weekends, and holidays) . . . . Double normal charge 20 Ordinance 7368-05 Overtime surcharge for call-out turn-ons (as requested by the customer for evenings, weekends, and holidays). . . . Double same day charge Special meter reading at customer request including billing inquiries where reading is determined to be accurate (per account). . . $25.00 $35.00 Gas meter test at customer request- if results are within limits (per meter) . . . . $50.00 $100.00 Reset residential gas meter after same customer requests removal (per meter) . . . .$100.00 $125.00 Unauthorized meter bypass or hookup. . . . Time and materials plus ten percent of the average monthly bill for each day since last reading Installation, maintenance and removal of service line excess flow valves as requested by the customer. . . . Time and materials Emergency response for other utilities. . . . Time and materials Evacuation of L.P. gas from tank. . . . $40.00 $50.00 plus (M}g 0.700 per gallon removed plus applicable discontinue service ch3rges Full abandonment and/or removal of buried LP tank (CGS decision) Time & Material plus 0.70 per qallon-Landscapinq restoration bv customer. Removal of LP Tank (buried) and removal of LP qas restoration bv customer.... Time and material plus 0.70 per qallon removed Other services not normally provided including work on customer property beyond the meter, such as leak surveys as required by regulation. . . . Time and materials Collector fee, See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 Dishonored check service fee, See Code of Ordinances, Section 2.528 Missed appointment (CG!) - Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). 21 Ordinance 7368-05 Residential "Will Call" and special request deliverv Propane Gas Service trip charges for early delivery: $4Q-$50.00 trip charge for next business day delivery or for a scheduled deliverv less than 4 business davs $100.00 trip charge for same business day delivery $200.00 trip charge for same day delivery service outside normal business hours, holidays or weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required...";' (CGI). A minimum fill charge of $4Q $50.00 for bulk, "Will Call" or metered delivery customers that request a delivery, in less than ~business days.:.. except that there 'Nill be no charge if tho tank is less than 30% full at the timo of the fill. If a bulk or metered delivery customer requests a fill and the tank is f-ound to be more than 30% full, "Will Call" ~ or special request deliverv charges will also apply. Leak inspection investiqation (make safe onlv) . . . .. ............ .. No charge If turn-on of pilots the applicable charqes applv Additional repairs...... ...... ...... ...... .... Time & Materials Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge during a period beginning not earlier than August 15th and extending through not later than November 15th to attempt to levelize the workload at the beginning of the heating season. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the 22 Ordinance 7368-05 Clearwater Gas System service territory, shall be required to notify the one call notifications system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes 9556). If a person or company causes damage to an above or under ground pipeline facilities owned by Clearwater Gas System and through negligence or accident has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims~ administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004 including appeal rights to the Gas System Managing Director. If the customer remains dissatisfied after attempting to resolve the problem with tho Gas System Managing Director, they may register a formal complaint by directing their concern in writing to theCity Manager or designee who will schedule a meeting with the customer to determine the facts and make a final ruling on the resolution of the dispute. (b) Contract rate level determination: It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System 23 Ordinance 7368-05 and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) towards achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2. Main line extension construction feasibility. The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed gas equipment with an estimated minimum annual consumption of two therms per foot of service line required, or 24 Ordinance 7368-05 The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined "d." above). Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility formula or enter into a facilities charge contract sufficient to cover this deficiency plus interest within a period of seven years. 4. Customer contribution required. If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency plus interest within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5. Conversion of equipment to natural gas. The Clearwater Gas System will convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no cost to the customer, provided that for commercial and industrial the customers tA-e- ~use is year round; the customer commercial and industrial customer enters into a contract to exclusively use the natural gas service of the Clearwater Gas System; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6. Relocation of gas service facilities. When alterations or additions to structures or improvements on customer's any premises require the Clearwater Gas System to relocate metering, service line, or main line, or when such relocation is requested by the customer. or others. for whatever reason, 25 Ordinance 7368-05 the customer or others, may be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish such relocation of gas system facilities. Section 2. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 4. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after April 1, 2005. PASSED ON FIRST READING M.<lyC'n 1, ?OOC; PASSED ON SECOND AND FINAL READING AND ADOPTED March 17. 200') -i~-L ~ ~ ~nk V. Hibbard Mayor Approved as to form: Attest: , ' Laur ipowski Ass' tant City Attorney 26 Ordinance 7368-05