8153-10ORDINANCE NO. 8153-10
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, RELATING TO
UTILITIES; AMENDING THE CODE OF
ORDINANCES, APPENDIX A, SCHEDULE OF
FEES, RATES AND CHARGES, SECTION XXVI,
CLEARWATER GAS SYSTEM FEES, RATES
AND CHARGES, TO REVISE RATES FOR
CLEARWATER GAS SYSTEM CUSTOMERS;
AMENDING THE CODE OF ORDINANCES,
SECTION 32, ARTICLE VIII. GAS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the current gas rates and service charges of the
Clearwater Gas System have been effective since January 1, 2009; 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
CLEARWATER, 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:
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 (CGS), based on their applicable
class of service:
1 Ordinance No. 8153-10
(a) Residential natural gas service (rate RS): Firm natural gas service
for domestic uses in all residences of three units or fewer.
Monthly customer charge .... $10.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $10.00
(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 .... $25.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $25.00
(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 .... $40.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $40.00
(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 .... $95.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $95.00
(e) Small natural gas general service (rate SGS). Firm natural gas
service for all commercial, industrial, and other applications
2 Ordinance No. 8153-10
where no other rate is applicable and the customer's annual
consumption at the premise is 0--17,999 therms.
Monthly customer charge .... $25.00
Non-fuel energy charge, per therm .... $0.46
Minimum monthly bill .... $25.00
(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 .... $40.00
Non-fuel energy charge, per therm .... $0.40
Minimum monthly bill .... $40.00
(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 .... $95.00
Non-fuel energy charge, per therm .... $0.34
Minimum monthly bill .... $95.00
(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 .... $250.00
Non-fuel energy charge, per therm .... $0.280
Minimum monthly bill .... $250.00
Ordinance No. 8153-10
Plus the non-fuel therm rate for the minimum number of
contract therms per day
Note: All customers being served under Contract Rates as of
December 31, 2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
(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 rates 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.
Monthly customer charge.... The same as the normally applicable
service class
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
Note: All customers being served under Contract Rates as of
December 31, 2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
(j) 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 fewer where the gas air conditioning
load is separately metered. Note: This rate is closed for new
customer applications and is only applicable for residential
Ordinance No. 8153-10
customers on RAC service as of December 31, 2008. New
residential air conditioning applications on or after January 1, 2009,
will be handled as added services on the standard RS rate
application.
Monthly customer charge.... $ 10.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $0.20
Minimum monthly bill.... $ 10.00 at the premise on a firm 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.
Monthly customer charge.... $ 25.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $ 0.15
Minimum monthly bill.... $ 25.00 at the premise on a firm rate
schedule
(1) 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.
Ordinance No. 8153-10
Monthly customer charge.... $ 40.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $ 0.10
Minimum monthly bill.... $ 40.00 at the premise on a firm rate
schedule
(m) Natural gas street lighting service (rate SQ: Natural gas service for
lighting of public areas and ways. Service may be either metered or
estimated at the sole discretion of the gas system. The customer
may elect to either:
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
maintain their own lights.
Repair equipment and/or parts supplied by Clearwater Gas System
will be billed as required. When the gas system provides poles,
fixtures, piping, and/or installation labor beyond the service
connection point, facilities contract charges may be assessed
including any right-of-way permitting and utilization charges.
Monthly customer charge .... $20.00
Non-fuel energy charge, per therm .... $0.20
Normal maintenance and relighting labor service charge, per therm .
... $0.15 additional
Plus any required equipment/parts
Minimum monthly bill .... $20.00
Plus any applicable facilities contract charges
Ordinance No. 8153-10
(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 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)
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
(o) Natural gas vehicle service (rate NGV): Natural gas service for fleet
vehicle fueling and for Compressed Natural Gas (CNG) Fueling
Stations operated by Clearwater Gas System. 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. NGV fleet services will be separately metered
and must service exclusivelv fleet fuelina facilities. CNG Fuelina
Station rates will be metered through dispensing apparatus and
billed at rates similarly approved by the City Manager, except that
contracts may be established for certain customer fleets based on
volumes.
Ordinance No. 8153-10
Note: This rate is not applicable for residential or small general
service rate applications (fewer than 18,000 therms of annual use for
the customer's fleet vehicles). Such non-fleet applications will be
billed undersewed thr-nu the customer's normal meter and at the
l-rate applicable to the premise, but a separate meter may be
requested by the customer to allow measurement for federal or state
excise tax credit purposes. Where an additional meter is requested,
CGS may charge for its initial installation and any future additional
maintenance required but will not add an additional monthly
customer charge to the premise. NGV serwi will he separately
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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 or diesel."
(p) Natural gas emergency generator or other standby service (rate
NSS): Natural gas service to a metered account, separately
established for back-up service, where no substantial gas service is
used for year round purposes. Note: This rate is not applicable for
Ordinance No. 8153-10
Residential single-family applications. Such residential emergency
generator applications are handled under the RS rate application.
Monthly customer charge .... $50.00
Non-fuel energy charge, per therm .... $0.46
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. Clearwater Gas
requires all residential customer accounts have year round, whole
house water heating as a minimum criteria for qualifying for 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 fewer.
Usage Class Annual
Units/Gallons Non-fuel
Energy Charge
per Gallon Non-refundable Annual
Customer Charge
1 0-60 $1.80 $210.00
2 60.1--120 $1.60 $180.00
3 120.1--300 $1.00 $90.00
4 >300 $0.90 $75.00
Ordinance No. 8153-10
(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) plus
customers with "year round" appliances who request "will call" status
in all residences of three (3) units or fewer.
A "Will Call" customer is responsible for monitoring tank fuel level,
assessing when they will need a fill, and requesting propane
delivery.
No trip charge for delivery if customer can wait for a normally
scheduled four (4)-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 following Friday.
Usage Class Annual Non-fuel Energy Non-refundable
Units/Gallons Charge per Gallon Annual
Customer
Charge
1 0-120 $1.60 $150.00
2 >120 $0.90 $75.00
(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.)
Monthly Customer Charge ............. $10.00
Non-Fuel Energy Charge
Per gallon ......... $0.90
Minimum Monthly Bill ......$10.00
(d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP
service for commercial, industrial, and other applications where no
other rate is applicable.
10 Ordinance No. 8153-10
Usage Class Annual Non-fuel Non-
Units/Gallons Energy Charge refundable
per Gallon Annual
Customer
Charge
1 0--2500 $0.25 $90.00
2 >2500 $0.20 $90.00
(e) Residential Metered Propane Gas Service (Rate MRLP): Metered
delivered LP service for all domestic uses in all residences of three
(3) or fewer.
Monthly customer charge .... $10.00
Non-fuel energy charge:
Per gallon .... $1.90
Minimum monthly bill .... $10.00
(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 .... $25.00
Non-fuel energy charge:
Per gallon .... $1.90
Minimum monthly bill .... $25.00
(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 .... $25.00
11 Ordinance No. 8153-10
Non-fuel energy charge:
Per gallon .... $0.30
Minimum monthly bill .... $25.00
(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 .... $40.00
Non-fuel energy charge:
Per gallon .... $0.25
Minimum monthly bill .... $40.00
(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
axis required to obtain/retain the customer. Such service must fall
within the normal construction feasibility formula to insure a profitable
payback to the city.
Monthly customer charge. The same as the normally applicable
service class
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.
Note: All customers being served under Contract Rates as of
December 31, 2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
12 Ordinance No. 8153-10
Q) 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. Note: This rate is not applicable for residential or small
general service rate applications (fewer than 20,000 gallons of
annual use for the customer's fleet vehicles). SUGh non fleet
rl
onirvon) tcrrrv hr? nh the GUstep%F's nOFFn l mcotor an na
a??lfEatf9R? will be ?cca- uyn??c?rscvrc??-
at the noFinaal-rate app"eable to t?p eFnmse.-LPV services will be on
a separate account servicing exclusively fleet fueling facilities.
Monthly customer charge. $40.00 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 gallon as established by contract, which
includes 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.
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, where no other substantial gas
service is used for year round purposes. Note: This rate is closed for
new residential customer applications and is only applicable for
residential customers on LPSM service as of December 31, 2008.
Monthly customer charge .... $50.00
Non-fuel energy charge:
Per gallon .... $1.00
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).
13 Ordinance No. 8153-10
(1) Propane Bulk-Delivered Gas Emergency Generator or Other
Standby Service (Rate LPSB): LP gas service to an account
separately established for back-up service, where no other
substantial gas service is used for year round purposes. Note: This
rate is closed for new residential customer applications and is only
applicable for residential customers on LPSB service as of
December 31, 2008.
Annual customer charge .... $420.00
Non-fuel energy charge:
Per gallon .... $1.00
Initial delivery charge. A one-time charge for the number of gallons
required to initially fill the LP tank (size as requested by the
customer) plus the initial annual customer charge.
m) Effect of Enerav Conservation Measures on Usaae Classes in (a
and (b) above: Should the customer install a more energy efficient
appliance or appliances while a customer of CGS and this causes
their usage to drop, such that their Usage Class would change
thereby increasing the Annual Customer Charge and/or the Non-Fuel
Energy Rate, then the estimated effect of the more efficient
appliance on annual usage may be added to the actual annual usage
to determine the customer's applicable Usage Class. This is
intended to ensure that the customer is not adversely impacted for
such energy efficient installation.
(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 No. 8153-10
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 No. 8153-10
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.. $0.87
Natural gas interruptible and contract (non-standard) rate schedule
PGA, per therm ....$4490.79
Propane (LP) gas rate schedule PGA:
Per gallon ....$1.87
The above PGA rates are based on the weighted average cost of
gas (WACOG) as currently approved for October 20082010. These
PGA rates will normally be adjusted annually in 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 €4m-firm StaRda-Fd-standard Rate rate SGhedule schedules PGA
and the Natural Gas Interruptible and GentFaGt contract ( non-
StandaFdstandard) Mate rate S^";e schedules PGA will be
established and approved by the G*City n4aRager-Manager or
designee for each seri-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 charge of applicable classes of natural gas service rates to
recover the estimated impact of the added costs associated with gas
purchased through a third-party transporter (including generally east
of the Suncoast Parkway in Pasco County). These added monthly
customer charges shall be credited to the overall PGA recovery
account and will be initially set at:
Residential ............................................... $ 68.00 per month
Small General Service & Multi-Family ............ $ 15.00 per month
16 Ordinance No. 8153-10
Medium General Service & Multi-Family ........ $ 30.00 per month
Large General Service & Multi-Family ............ $ 65.00 per month
Interruptible Service ................................... $150.00 per month
Contract Rates --- Apply the same as the normal class of customer
using the above schedules based on usage level
Similarlv. a differential between LP Gas standard rates and contract
LP rates may be computed to exclude a portion of the other costs
attributed to LP PGA other than physical gas. This differential will be
calculated by the Gas System Managing Director annually based on
historical costs and will be approved by the City Manager or
designee. The gas system may also segment specific LP gas
purchases for specific targeted customer(s) based on contract.
These added monthly customer charges may be adjusted upward or
downward from time-to-time with the approval of the City Manager or
designee based on actual and projected added PGA costs.
(c) Energy conservation 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 Gas System Managing Director. The ECA will
not be applied to interruptible natural gas or other non-standard
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 annual average
ECA billing rate. The currently calculated ECA rates are:
Natural Gas Rate Schedule ECA, per therm .... $0440.10
Propane (LP) Gas Rate Schedule ECA:
Per gallon .... $0440.10
The above ECA rates are as currently approved for October
2-0A 2010. These ECA rates will normally be reviewed annually in
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
1, 1985, 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
17 Ordinance No. 8153-10
adjustment in the ECA rate will be made at the discretion of the City
Manager or designee.
(d) Regulatory imposition adjustment (rider RIA): 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, newwperator qualification, new distribution integrity,
addifienaa-inspection, additional survey, and other new regulatory
imposed program requirements imposed on the Clearwater Gas
System by federal, state or local regulatory agencies. The RIA will
not be applied to interruptible natural gas or other non-standard
contract rates. The currently calculated RIA rates are:
Natural Gas Rate Schedule RIA, per therm .... $0.00
Propane (LP) gas rate schedule RIA:
Per gallon .... $0.00
The above RIA rates are as currently approved for October
20082010. Note that this RIA rider incorporates the former-as
Environmental Imposition Adjustment (EIA), which covers the was
the pFier app!eE;able adjustment. These RIA Fates will normally be
Feviewed annually in QGtebeF and Fnay be adjusted upwaFd OF
OF designee based on aGtua' and pFojeGte nvironmental project
costs
the City Manager sinGe FebruaFy 1, as well as the labor and
other costs attributable to such environmental projects. This RIA wi4
also includes Other Regulatory Adjustment (ORA) charges, such as
new operator qualification, new -distribution integrity, additional
required inspections, additional survey and other new regulatory
imposed program requirements and regulatory fees imposed on the
Clearwater Gas System by federal, state or local regulatory
agencies , 2009. These RIA rates (EIA + ORA) will
normally be reviewed annually in October and may be adjusted
upward or downward from time to time to reflect the over or under
recovery of these RIA costs will be Gemputed and an adjustmen i
the RIA Fate may be made at the discretion of the City Manager or
designee.
(e) Usage and Inflation adjustment (rider UTA): A rider applicable to all
standard non-contract natural gas therm rates and standard non-
contract propane (LP) gallon rates to recover loss of planned base
non-fuel revenues to the Clearwater Gas System due to changes in
18 Ordinance No. 8153-10
use per customer from the test year values as set in the 2008 Gas
Rate Study (see below) as well as the change in inflation as
measured by the Consumer Price Index for U. S. City average of all
urban consumers (CPI-U). The currently calculated UTA rates are:
Natural gas rate schedule UTA, per therm .... $0.00 for Residential
and .... $0.00 for Commercial
Propane (LP) gas rate schedule UTA, per gallon ....$0.00 for
Residential and ....................... $0.00 for
Commercial
The above UTA rates are as currently approved for October 280
the
2010as 1 eatheF NEWFnalizatien Adjustment (WNA\, .. hich was the
R.7-rccGtrrcl"rtvi'TT7U7r ? ..... .? w.......
The UTA rates may be implemented at
the sole discretion of the City Manager or designee based on
variations from the 200 most recent established Gas Rate Study
values:
CPI-U as prepared by the U. S. Department of Labor, Bureau of
Labor Statistics (basis July 9" September 2009)
Residential Use per customer based on annual therms/natural gas
single-family customer. Note that this factor may be
applied to all residential standard (non-contract) rate
classes for natural gas as well as propane.
Commercial Use per customer based on annual therms/natural gas
standard and{-__contract) general service customers
excluding Interruptible customers. Note that this factor
may be applied to all general service standard (non-
contract) rate classes for natural gas as well as
propane.
(f) Franchise and other city/county 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
19 Ordinance No. 8153-10
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) ... $50.00
Meter turn-on residential, same day as requested by customer
12:00 Noon (per account for new customers, seasonal reconnects,
and after non-payment disconnect including turn-on of pilot lights) . .
. $4-9875.00
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) ...
$95.00 for up to 4 appliances.
Added appliances, per each, add ... $10.00
Meter turn-on commercial/industrial, same day as requested by
customer by 12:00 Noon and with the approval of the local fire
marshal as required (per account for new customers, seasonal
reconnects, and after nonpayments disconnect including turn-on of
pilot lights) ... $190.00 for up to 4 appliances.
Added appliances-add, per each, add ... $20.00
Meter read for residential account change (no meter turn-on required
but may include turn-on of gas pilot lights) ... $40.00
20 Ordinance No. 8153-10
Meter read for commercial/industrial account change (no meter turn-
on required but may include turn on of gas pilot lights)_... $80.00
Replace broken stop or locks on meters .... Time and materials
Meter or LP Tank Connection or Re-connection to customer-owned
piping system ... Time and materials
Relocate gas meter .... Time and materials
Install bumper posts or other necessary protection for meters, LP
tanks, or other gas equipment .... Time and materials
Turn-on or Turn-off Residential gas pilot lights only on next business
day or beyond as requested by the customer (per account) . .
..$50.00
Turn-on or Turn-off Residential gas pilot lights only on same day if
requested by the customer by 12:00 Noon ... $75.00
Turn-on or Turn-off Commercial gas pilot lights only on next business
day or beyond as requested by the customer (per account) . .
.. $4595.00
Turn-on or Turn-off Commercial gas pilot lights only on same day
service if requested by the customer by 12:00 Noon ...
190.00
Standard "Time and Materials"ChaFge Raton" for Service and Repair,
or ilnstallation, or other work performed by CGS personnel
(ene he F minimum) plus materials:
1 person crew ... Trip Charge of $50.00 plus time on-
site/quarter hour or portion thereof ... $9525.00
2 person crew ... Trip Charge of $75.00 plus time on-
site/quarter hour or portion thereof... $940.00
The above Rates are based on work within the CGS "normal"
Natural Gas Service Territory. Where customers
request work to be done outside of the normal CGS
Service Territory ... Added time will be assessed for
the travel to and from the Territory border to the
Customer's Site.
21 Ordinance No. 8153-10
The time and trip charges associated with providing all quotes and
developing plans will be added to the cost of the billed job.
These "Time Charge Rates" as well as the other fixed
miscellaneous charge rates in this section may be reviewed and
adjusted from time-to-time with the approval of the City Manager or
designee based OR nhaRges OR the GPI _I I inflation GiRGe
j 99?. Additionally, the Gas System Managing Director may
approve "Contract Service Charge Rates" for customers who
regularly use CGS' Service & Repair and will contractually
subscribe for such use.
Overtime surcharge for all work including installation, service and
repair, and maintenance (as requested by the customer for after
operational hoursevenings
(including same day requests received
after 12:00 Noon), weekends, and holidays) .... Double normal Trip
and time charges
Overtime surcharge for call-out turn-ons or lighting of pilots (as
requested by the customer for after operational hours (including
same day requests received after 12:00 Noon)es, 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)... $45.00
Gas meter test at customer request- if results are within limits (per
meter) .... $150.00
Reset residential gas meter after same customer requests removal
(per meter) ... $150.00
Unauthorized meter bypass or hookup .... Time and materials plus
ten percent of the average monthly bill for each day since last
reading deemed to be accurate
Emergency response for non-Clearwater Gas System consumers or
other utilities .... Time and materials
€ &Propane Fuel recovery and ownership of L.P. gas from tank ....
Time and materials plus 0.700 peF gallon . The LP fuel in
the tank is non-refundable. If the customer provides an approved for
service, listed LP aas container, then we will transfer as much LP
gas as practical. Full abandonment and/or removal of buried LP tank
is at( CGS' sole discretion de . If the underground tank is
removed, then any required--L landscaping or site restoration b-y-is
22 Ordinance No. 8153-10
the responsibility of the customer. If the tank is abandoned on-site,
CGS will make it safe by removing the gas and filling it with water
(water provided by the customer) and the tank ownership then
becomes the customer. Tanks will be considered out of service and
fuel abandoned by the customer if container is on site more than 12
months without a contract for service or paving entity for the annual
customer charge. In such case CGS will, at its sole discretion,
either remove or abandon the tank.
Other services not normally provided including work on customer
property beyond the meter outlet or the outlet of the second stage LP
regulator, such as for gas leak surveys, Cathodic protection
corrosion control, customer-owned gas line locating; and, any related
repairs to the customer facilities or master-metered gas distribution
systems as required by regulation as well as any work required to
correct deficiencies or any work required to move facilities.... 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 (CGI) - Customer not present at time as
arranged or equipment not accessible. Applicable miscellaneous
gas charges (overtime surcharges may apply). .
Residential "Will Call" and special request delivery Propane Gas
Service trip charges for early delivery:
$50.00 trip charge if the customer requests delivery for
the next business day aeliv Fy --- or fe-r--reauests a
scheduled delivery ef-for fewer than 4 business days,
$a-A975.00 trip charge for same business day deliveryfor
requests received by 12:00 Noon, or
$250150.00 trip charge for same day delivery service outside
n^r,„^l burin°c° houFsreguests after 12:00 Noon and before
operational hours end at 3:30 pm, or
$250.00 trip charge for all "call out" fills received after 3:30 pm
on normal operational days, or on holidays, or on weekends.
23 Ordinance No. 8153-10
Trip charges will be applied even if LP tank is inaccessible or
customer is not present when required, (CGI).
A minimum fill charge of $100.00 for bulk, "Will Call" or metered
delivery customers that request a delivery, in fewer than 4 business
days. "Will Call" or special request delivery charges will also apply.
Leak investigation (make safe only) ..... ........... No charge
If turn-on of pilots the applicable charges apply
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 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, horizontal directional drilling, backfilling, digging, removal
of above ground structures by mechanical means and other earth
moving operations, within the Clearwater Gas System service
territory, shall be required to notify the one call notification system 48
hours excluding weekends and holidays before digging commences
(References Florida Statutes §556 and OSHA 1926.651).
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 or otherwise 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
24 Ordinance No. 8153-10
third party claims plus 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.
(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
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 or minor changes: The City Manager is
authorized to reduce the billing charge(s) for any rate schedule(s) or
to make minor rate schedule modifications in keeping with tewaFds
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:
25 Ordinance No. 8153-10
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 not included in the
above calculation because it 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 "year round" gas
equipment (such as water heating, cooking, heating, clothes
drying, and lighting) with an estimated minimum annual
consumption of two therms per foot of service line required
(Note that "Leisure Living" appliance (such as pool/spa
heating, fireplaces, and grills) usage will only be counted at 1/2
of estimated usage and only if combined with a water heater),
or
The cost of such service line extension meets the Maximum
investment for Construction Feasibility (as defined "d." above),
excluding "Leisure Living" appliances unless a water heater is
installed for daily use.
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
26 Ordinance No. 8153-10
formula or enter into a facilities charge contract sufficient to
cover this deficiency 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 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 provide the "labor only" to convert the customer's
existing appliance orifice(s) (if convertible) to accept natural
gas at no labor cost to the customer, provided that the
customer's gas use is year round. The customer will be
responsible for the cost of all other related conversion parts
such as controls, gas valves, gas safety devices, additional
piping, appliance venting, provisions for combustion or make-
up air, or to correct any code deficiency, or to provide any
required engineering evaluation for unlisted or unlabeled
appliances plus the cost of gas inspections and related
permits. A commercial or industrial customer must enter into
an agreement to exclusively use the natural gas service of the
Clearwater Gas System for a period to allow for recovery of
Clearwater Gas costs; 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 any premise,
roadway right-of-way or public easement, which requires the
Clearwater Gas System to relocate metering, LP tank, service
line, or main line, or when such relocation is requested by the
customer, or others, for whatever reason, the customer or
others, will be required to reimburse the Clearwater Gas
System for all or any part of the costs incurred to accomplish
27 Ordinance No. 8153-10
such relocation of gas system facilities to remain code
compliant and resolve their potential structure conflict.
7. Gas service will be delivered to the customer for each premise
at one (1) point of delivery designated by Clearwater Gas
System (see City Code of Ordinances. Chapter 32, Section
32.336). CGS highly discourages the installation of multiple
meters on the same Fesidential single premise or the
use of multiple fuels (natural gas, propane, fuel oil) on such
premise. If such installations are justified due to extraordinary
circumstances (such as life safety), these must be approved
by the Clearwater Gas System Managing Director, and then
the multiple meters or fuel sources must be well marked in a
permanent fashion. For life safety control purposes,
Clearwater Gas will not permit a fuel source (propane or fuel
oil) supplied by another company to co-exist on a-the same
residential single fugpremise or commercial occupancy
with a Clearwater Gas natural gas service.
Section 2. That Chapter 32, Article VIII of the Code of Ordinances of
the City of Clearwater is hereby amended as follows:
Article VIII. GAS
Sec. 32.330. Unified system.
All municipal utility properties of the city supplying gas service in and to the
city and citizens and inhabitants and users thereof shall be controlled,
operated and maintained as provided in section 32.001. See appendix A to
this Code, for gas system deposits, fees, service charges and rate
schedules.
Sec. 32.331. Gas code.
The installation of gas pipes, fixtures, appliances and other equipment and
appurtenances shall be installed in accordance with the gas code of the
city, as adopted in section 47.051, Development Code of the City of
Clearwater. The installation of the customer's gas piping system fixtures
appliances and other equipment and appurtenances shall be installed in
accordance with the latest edition of the Florida Building Code "Fuel Gas"
and the latest edition of NFPA 58 LP Gas Code or subsequent
replacement codes.
28 Ordinance No. 8153-10
Sec. 32.332. Application for service.
An application for gas service shall be filed with the gas division, whether or
not a building permit is required. If a building permit is required, a separate
application for a building permit shall be filed with the building division. The
applicant shall pay gas system deposits, fees or connection charges at the
time the application is filed with the gas division.
Sec. 32.333. Permit.
See city gas code, as adopted by section 47.051, Development Code of the
City of Clearwater, for provisions regarding gas permits pursuant to this
article. All installation work of the consumer's piping system and
appurtenances shall require applicable permits and successful inspections
by the applicable jurisdictional authority.
Sec. 32.334. Tapping and connection.
Tapping of all gas mains and service connections shall be done by the gas
division or an authorized contractor for the city. Title to all service
connections from the main to the meters and meter installations is vested in
the city, and the same shall at all times be the sole property of the city and
shall not be trespassed upon or interfered with in any respect. Such city
property shall be maintained by the gas division and may be removed or
changed by it at any time. Only licensed gas or plumbing contractors shall
make the final connection between CGS gas meter or LP gas service lines
and the customer's gas piping and only after proper permits have been
issued by the appropriate jurisdictional authorities, and have attained a
successful final gas inspection. Only CGS employees are permitted to turn
on aas and initiate service.
Sec. 32.335. Maintenance of meters and service lines.
The gas division shall have the right to meter any and all gas service lines.
The gas division alone shall have the right to stipulate the size, type, make
and location of meters, af?d-type of meter setting, and the gas delivery
pressure. All meters shall be maintained by the s+fyC. The customer shall
be held responsible for damage to a meter or service line when such
damage results from the negligence of the customer. When such damage
occurs, the city will furnish and set another meter and repair the damaged
meter or make other necessary repairs, and the cost of such repairs,
including replacement parts, labor and transportation charges, shall be paid
by the customer.
Sec. 32.336. Meters and LP Tank--Locations and delivery pressure.
Gas service will be delivered to the customer for each premise at one (1)
point of service. The location of the meter or tank will be designated by the
applicable gas system representative and will typically be within ten (10)
feet of the nearest corner of the premise to the gas main and in a location
29 Ordinance No. 8153-10
that is expected to be maintained by the customer as accessible, i.e. not
expected to be enclosed by fencing or hedges.
Each gas meter and service regulator and propane (LP) tank shall be
installed in a location readily accessible for reading, inspection, repairs,
testing and changing of the meter/tank and operation of the gas shutoff
valve, and shall be protected from corrosion and other damage. The
customer is responsible for maintaining bushes, vegetation, sprinklers, etc.
clear from the meter/tank to allow access and good operational
performance. Sprinklers and their flow must be maintained clear of the
meter/tank to avoid premature corrosion. Upon discovery of a deficiency
and notification to the customer, remedial actions must be made including
potentially requiring the relocation of the gas facilities to ensure life safety
and to maintain required clearances. If this work is done by CGS
personnel, then normal Time and Material charges will apply.
The standard delivery pressure of natural gas at the point of delivery to the
consumer (the meter) is seven (7) inches water column (approximately 1/4
pounds per square inch) and for propane (LP) from the tank is eleven (11)
inches water column (approximately 3/8 pounds per square inch). An
optional delivery pressure above the standard must be requested by the
customer or the customer's contractor in advance and may be approved at
the sole discretion of CGS. There are advantages to each pressure and not
all may be operationally available at any given location.
Sec. 32.337. Same Status of gas quantity recorded.
The quantity of gas recorded by the meter shall be conclusive, except when
the meter is found to be registering inaccurately or has ceased to register.
In such cases, the quantity may be determined by the average registration
of the meter in a corresponding past period or by the average registration of
the new meter, whichever method is, in the opinion of the city,
representative of the conditions existing during the period in question.
Sec. 32.338. Same Testing.
The gas division reserves the right to remove or test any meter at any time
and to substitute another meter in its place. In case of a disputed account
involving the question of accuracy of the meter, the meter will be tested by
the city upon written request of the customer; provided, however, that the
meter in question has not been tested by the city within the previous two
years. The customer agrees to accept the results of the test made by the
city. If the meter tested is found to have an error in registration in excess of
three percent as based on the arithmetical average of one-fourth load and
full load of the meter, there will be no charge for the testing; but should the
test show error in registration less than three percent there shall be a
30 Ordinance No. 8153-10
charge for testing the meter. The billing for the testing will be charged to the
customer's account.
Sec. 32.339. Same Tampering with.
No person other than an agent of the city shall remove, inspect or alter the
gas meter or any other part of the gas system located on the premises. The
customer shall notify the city of any damage to or any failure of the meter or
service line.
Sec. 32.340. Authority to turn on gas.
(1) Generally. It shall be unlawful for any person other than a CGS
employee or a specifically designateda-R agent of the e*City to turn on, or
in any way alter or damage, any gas meter which has been turned off by
the cityCity. The customer serviced by the meter shall be held responsible
for any actions.
(2) Unauthorized connections. A fee shall be charged for the removal of
any device which has been installed in lieu of or in addition to a gas meter,
except where the pipe or device has been authorized in writing by the
cityC.
(3) Open meter bypass servicing. A fee, over and above the bill
established from the meter reading, shall be charged for the service of
turning off the meter bypass valve, when such opening was not previously
authorized in writing by the sityC?ity.
(4) Broken stop locks. A replacement fee shall be charged for the
replacement of meter stop locks which have been broken or removed.
Sec. 32.341. l= lability-Responsibilit?for gas in service lines.
The city-City is responsible for the gas contained within the service lines.
The term "service line" means a distribution line that transports gas from a
common source of supply to a customer meter outlet or the outlet of the
second stage LP gas regulator connection to a customer's house piping,
or the connection to a customer's piping if
there is no customer meter. A customer meter is the meter that measures
the transfer of gas from CGS, the gas supplier,an epeFate to a consumer.
The customer is responsible for all maintenance, line locating, and repair of
their customer-owned piping system, which is beyond the gas meter outlet
or beyond the outlet of the second stage LP gas regulator.
Section 3. 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.
31 Ordinance No. 8153-10
Section 4. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 5. This ordinance shall become effective upon adoption and
shall be applicable to all gas bills and services rendered on or after January
1, 2011.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
J
Laura Lipowski Mahony
Assistant City Attorney
October 21. 2010
November 4. 2010
v
Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
?oF rHE
C-31_
32 Ordinance No. 8153-10