9739-23 DocuSign Envelope ID: B9D3F891-OF7A-4DB9-A97A-F2OC6F8156F4
ORDINANCE NO. 9739-23
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, RELATING TO
UTILITIES; AMENDING THE CODE OF
ORDINANCES, CHAPTER 32, UTILITIES,
ARTICLE VIII, GAS, PROVIDING FOR THE USE
OF SUBCONTRACTORS IN THE FULFILLMENT
OF GAS SERVICES, AMENDING THE CODE OF
ORDINANCES, APPENDIX A, SCHEDULE OF
FEES, RATES AND CHARGES, SECTION XXV,
CLEARWATER GAS SYSTEM FEES, RATES
AND CHARGES, TO REVISE RATES FOR
CLEARWATER GAS SYSTEM CUSTOMERS IN
ACCORDANCE WITH THE 2023 CLEARWATER
COST OF SERVICE AND RATE STUDY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Clearwater Gas System wishes to revise the code of
ordinances to provide for certain operational updates; and
WHEREAS, the current gas rates and service charges of the
Clearwater Gas System have been effective since March 1, 2021; 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 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.
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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/ICC "Fuel
Gas" and the latest edition of NFPA 58 LP Gas Code, or subsequent
adopted replacement codes.
Sec. 32.332. Application for service.
An application for gas service shall be filed with the City of Clearwater,
d/b/a Clearwater Gas System (CGS). 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 CGS.
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 CGS 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 CGS 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 (propane) 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 and contractually approved
subcontractors of CGS are permitted to turn on gas and initiate service.
Sec. 32.335. Maintenance of meters and service lines.
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CGS shall have the right to meter any and all gas service lines. CGS alone
shall have the right to stipulate the size, type, make and location of meters,
type of meter setting, and the gas delivery pressure. All meters shall be
maintained by the City. 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
that is expected to be maintained by the customer as accessible, i.e., not
expected to be enclosed by fencing or hedges. Locations that have
multiple gas meters shall have them installed in the same point of service
area as described above.
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 established at the option of CGS at either 2 pounds
per square inch (PSI) or seven (7) inches water column (approximately 1/4
PSI) and for propane (LP) from the tank is established at the option of CGS
at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI.
An optional delivery pressure above the standard may 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. 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.
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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. Testing.
CGS 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. 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 two percent (2%) 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 charge for testing the meter. The
billing for the testing will be charged to the customer's account.
Sec. 32.339. Tampering.
No person other than an agent of the city shall remove, inspect or alter any
part of the gas piping system leading up to and including the gas meter.
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 designated and approved agent of the City
to turn on, or in any way alter or damage, any gas meter which has
been turned off by the City. 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 City.
(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 City.
(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. Responsibility for gas in service lines.
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The 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, 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.
Sec. 32.342. Optional Services provided by Clearwater Gas System
beyond the meter/LP tank.
The provision of propane (LP) gas service, gas service and repair services,
gas installation services, and gas appliance/equipment sales are all
competitive services rendered in the market place by other providers. CGS
retains the sole right to elect where and when to provide these optional
services at the sole discretion of the CGS Executive Director. At any time,
CGS may elect to discontinue providing these optional services and may
instruct the customer to acquire same from another market vendor of these
services.
Section 2. That Appendix A — Schedule of Fees, Rates and Charges
of the Code of Ordinances of the City of Clearwater is hereby amended as
follows:
XXV. 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:
(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 . . . . . . . . . . . .$16.00
Non-fuel energy charge, per therm . . . . $0.56
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Minimum monthly bill . . . . . . . . . . . . . . . $16.00
(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 . . . . $0.56
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 . . . . $0.56
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 therms or more.
Monthly customer charge . . . . . . . . . . . .$95.00
Non-fuel energy charge, per therm . . . . $0.56
Minimum monthly bill . . . . . . . . . . . . . . . $95.00
(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 . . . . . . . . . . . .$25.00
Non-fuel energy charge, per therm . . . . $0.50
Minimum monthly bill . . . . . . . . . . . . . . . $25.00
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(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 . . . . .$0.46
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 . . . . $0.42
Minimum monthly bill . . . . . . . . . . . . . . . $95.00
(h) Interruptible natural gas service (rate IS): Interruptible natural gas
service available under a standard agreement for commercial
and industrial applications where the customer's annual
consumption at the premise is 100,000 therms or more; and
where the customer has either installed alternative fuel
capability and/or contractually agrees to curtail service at the
request of the CGS, subject to penalties for failure to comply.
Monthly customer charge . . . . . . . . . . . .$250.00
Non-fuel energy charge, per therm . . . . $0.28
Minimum monthly bill . . . . . . . . . . . . . . . $250.00
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
January 31, 2024, will be allowed to remain on their existing
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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 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. Contract customers are charged for
a contracted Purchased Gas Adjustment (PGA) charge but no other
gas rider charges.
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
January 31, 2024, 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/emerging technology service
(rate RAC):
RESERVED FOR FUTURE USE
(k) General natural gas air conditioning/emerging
technology service (rate GAC):
RESERVED FOR FUTURE USE
(1) Large natural gas air conditioning/emerging technology service (rate
LAC):
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RESERVED FOR FUTURE USE
(m) Natural gas street lighting service (rate SL): Natural gas service for
lighting of public areas located in the right of way or private property,
to include service for all types of decorative lighting to enhance
ambient conditions. Service may be either metered or contracted
with an estimated annual usage when metering is not operationally
feasible. The customer may elect to either:
• subscribe for normal street lighting maintenance and relighting
labor service, or
• call CGS 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 CGS 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.
The standard PGA will be utilized, but no other gas rider charges will
apply unless contracted for.
Monthly customer charge . . . . . . . . . . . .$20.00
Non-fuel energy charge, per therm . . . . .$0.26
Normal maintenance and relighting labor service charge,
per therm . . . . $0.15 additional
Plus any required equipment/parts
Minimum monthly bill . . . . . . . . . . . . . . . $20.00
* Monthly customer charge not applicable if another customer charge
is being billed at the same premise.
Plus any applicable facilities contract charges
(n) Contract natural gas transportation service (rate CTS): Service for
transportation of someone else's natural gas through CGS 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
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construction feasibility formula to insure a profitable payback to the
City. No gas rider charges will apply for this rate class unless
contracted for or listed below.
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 CGS. 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. NGV fleet services will be separately metered
and must service exclusively fleet fueling facilities. CNG Fueling
Station rates will be metered through dispensing apparatus and
billed at rates similarly approved by the City Manager or designee,
except that contracts, under section (i) Contract Natural Gas Service
Rate (CNS), may be established for certain customer fleets based on
volumes.
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 under the customer's normal rate applicable to the premise,
but a separate meter may be requested by the customer to allow
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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.
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."
Contract PGA will be utilized but no other gas rider charges will apply
unless contracted for.
(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
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 . . . . .$0.44
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 CGS, 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 Annual Non-fuel Non-refundable
Class Units/Gallons Energy Charge Annual Customer
per Gallon Charge
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0 No Fills in Past $1.80 $395.00
12 Months
1 0.1--- 60 $1.80 $270.00
2 60.1---120 $1.60 $225.00
3 120.1---300 $1.00 $135.00
4 >300 $0.90 $120.00
(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) 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 Non-refundable
Units/Gallons Energy Charge Annual Customer
per Gallon Charge
0 No Fills in $1.80 $395.00
Past 12
Months
1 0.1 - 60.0 $1.80 $255.00
2 60.1 - 120 $1.60 $195.00
3 120.1 - 300 $0.90 $120.00
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4 >300 $0.80 $105.00
(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 . . . . . $16.00
Non-Fuel Energy Charge
Per gallon . . . . . . . . . . . . . $0.90
Minimum Monthly Bill . . . . . . . . . .$16.00
(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-
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) units or fewer.
Monthly customer charge . . . . . . $16.00
Non-fuel energy charge:
Per gallon . . . . . . . . . . . . . $1.90
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Minimum monthly bill . . . . . . . . . $16.00
(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
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
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applicable where competitive fuel sources are confirmed to be
available to the customer and a special rate with special conditions is
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
February 28, 2021, 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.
Contract PGA charges will be utilized, but no other gas rider charges
will apply unless contracted for.
0) 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). 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.
Standard PGA charges will be utilized but no other gas rider charges
will apply unless contracted for.
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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."
(k) Commercial 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.
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).
(1) Commercial 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.
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.
Standard PGA charges will be utilized, but no other gas rider
charges will apply unless contracted for.
(m) Effect of Energy Conservation Measures on Usage 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
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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 CGS 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.
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 CGS
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.
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Public fill station facilities A natural gas per therm or propane (LP)
charge.... 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
recover the cost of CGS's 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. . . .$0.57
Natural gas interruptible and contract (non-standard) rate schedule
PGA, per therm . . . $0.48
Propane (LP) gas rate schedule
PGA, Per gallon . . .$1.65
The above PGA rates are based on the weighted average cost of
gas (WACOG) as currently approved for February 1, 2024. These
PGA rates will normally be adjusted on a quarterly basis 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 schedules
PGA and the Natural Gas Interruptible and contract (non-standard)
rate schedules PGA will be established and approved by the City
Manager or designee for each 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
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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 ............................................... $ 8.00 per month
Small General Service & Multi-Family ............ $ 15.00 per month
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
Similarly, 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 Executive 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 CGS as approved by the Gas
System Executive Director. The ECA will not be applied to
interruptible natural gas or other non-standard contract rates. The
currently calculated ECA rates are:
Natural Gas Rate Schedule
ECA, per therm . . . .$0.13
Propane (LP) Gas Rate Schedule
ECA, per gallon . . . $0.13
The above ECA rates are as currently approved for February 1,
2024. These ECA rates will normally be reviewed annually in
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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, 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.
(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, operator qualification, distribution integrity,
inspection, survey, and other regulatory imposed program
requirements imposed on CGS 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 . . . . $0.01
Propane (LP) gas rate schedule
RIA, per gallon . . . .$0.01
The above RIA rates are as currently approved for February 1, 2024.
Note that this RIA rider incorporates the former Environmental
Imposition Adjustment (EIA), which covers the environmental
project costs as well as the labor and other costs attributable to
such environmental projects. This RIA also includes Other
Regulatory Adjustment (ORA) charges, such as operator
qualification, distribution integrity, required inspections, survey and
other regulatory imposed program requirements and regulatory fees
imposed on CGS by federal, state or local regulatory agencies.
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 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 CGS due to changes in use per customer from
the test year values as set in the 2023 Gas Rate Study (see below)
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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
$0.00 for Commercial
Propane (LP) gas rate schedule
UTA, per gallon . . . .$0.00 for Residential
$0.00 for Commercial
The above UTA rates are as currently approved for February 1, 2024.
Future UTA adjustments will be based on the current rate ordinance.
The UTA rates may be implemented at the sole discretion of the City
Manager or designee based on variations from the most recent
established Gas Rate Study values:
CPI-U (South Region) as prepared by the U. S. Department of
Labor, Bureau of Labor Statistics (basis is August 2023 Gas
Rate Study projected index of 298.975)
Residential Use per customer based on 195 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 5,501 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 CGS 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 CGS 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
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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 (6.0%) payment in
lieu of taxes on all gross firm natural gas sales (excluding
interruptible) and CGS 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 gas services are rendered to the customer:
The miscellaneous rates listed in this section may be reviewed and
adjusted from time-to-time by the Gas Executive Director, with the
approval of the City Manager or designee. Additionally, the Gas
Executive Director may approve "Contract Service Charge Rates"
for customers who regularly use CGS' Service & Repair and will
contractually subscribe for such use.
1. Meter turn-on (Residential): Account for new customers,
seasonal reconnects, and after nonpayment disconnect.
Scheduled next business day or beyond. . . . . . .$ 80.00
Scheduled same business day . . . . . . . . . . . . . .$140.00
2. Meter turn-on (Commercial/Industrial): Account for new
customers, seasonal reconnects, and after nonpayment
disconnect (up to 4 appliances).
Scheduled next business day or beyond. . . . . . .$175.00
Scheduled same business day . . . . . . . . . . . . . .$215.00
* Beyond 4 appliances, per each, add $20.00
3. Meter read for account change (no meter turn-on required).
Scheduled next business day or beyond. . . . . . .$ 50.00
Scheduled same business day . . . . . . . . . . . . . .$140.00
4. Replace broken stop or locks on meters . . . Time and materials
5. Meter or LP Tank Connection or Re-connection to customer-
owned piping system . . . Time and materials
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6. Relocate gas meter . . . Time and materials
7. Install bumper posts or other necessary protection for meters, LP
tanks, or other gas equipment .... Time and materials
8. Standard Time and Labor Rates: Service and Repair, Installation,
Maintenance or other work performed by CGS personnel, plus
any applicable material charges:
1-person crew . . . $180.00 for the first 1 hour of labor, plus
$35.00 for each additional time on-site/quarter hour or
portion thereof. Minimum charge is $50.00 for the trip if
no labor is performed or if the customer does not show
for an appointment.
2-person crew. . . $250.00 for the first 1 hour of labor, plus
$50.00 for each additional time on-site/quarter hour or
portion thereof. Minimum charge is $80.00 for the trip if
no labor is performed or if the customer does not show
for an appointment.
The above Time and Labor Rates are based on work within the
CGS 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.
The time and trip charges associated with providing all quotes
and developing plans will be added to the cost of the billed job.
9. Overtime surcharge for all work including installation, service and
repair, and maintenance as requested by the customer for after
operational hours, including weekends and holidays . . . Double
normal applicable charges
10.Overtime surcharge for call-out turn-ons or lighting of pilots as
requested by the customer for after operational hours, including
weekends, and holidays . . . Double same day charge
11.Special meter reading at customer request, as scheduled by
CGS, including billing inquiries where reading is determined to be
accurate (per account) . . . . . . . . . . . . . . . . . . . $65.00
12.Gas meter test at customer request, as scheduled by CGS, if
results are within limits (per meter) . . . . . . . . . $150.00
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13.Reset residential gas meter after same customer requests
removal (per meter), as scheduled by CGS . . . $150.00
14.Unauthorized tampering meter bypass or hookup . . . Time and
materials plus ten percent (10%) of the average monthly bill for
each day since last reading deemed to be accurate
15.Emergency response for non-CGS consumers or other utilities . .
. Time and materials
16.Propane Fuel recovery and ownership of L.P. gas from tank . . .
Time and materials.
The LP fuel in the tank is non-refundable. If the customer
provides an approved for service, listed LP gas 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. If the
underground tank is removed, then any required landscaping or
site restoration is 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 paying 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; 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
17.Collector fee: See Appendix A - Public Works Utility Tariffs,
Section (4)(a)3
18.Dishonored check service fee: See Code of Ordinances, Section
2.528
19.Missed appointment - Customer not present at time as arranged
or equipment not accessible.
Residential and Commercial . . . $50.00
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20.Residential "Will Call" and special request delivery Propane Gas
Service trip charges for early delivery:
$75.00 trip charge for next business day (or beyond) delivery
$150.00 trip charge for same business day delivery service
requests during normal business hours
$250.00 trip charge for all "call out" fills received after 3:30 pm
on normal operational days, or on holidays, or on weekends.
Trip charges will be applied even if LP tank is inaccessible or
customer is not present when required (CGI).
21.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.
22.Leak investigation (make safe only) . . . No charge
If turn-on of pilots the applicable charges apply
Additional repairs . . . Time & Materials
23.
Special seasonal gas The City Manager or designee is
turn-on.... authorized to reduce or eliminate the
normal gas turn-on charge to attempt to
levelize the workload at the beginning
of the heating season.
24.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 CGS 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).
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If a person or company causes damage to an above or underground
pipeline facilities owned by CGS 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
costs associated with turning off and on gas accounts that were
affected as a result of the damage, and any third party claims plus
administrative costs. The party or parties responsible shall remit
payment for all claims directly to CGS 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 CGS:
(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 CGS 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 CGS 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 provides a profit margin to CGS greater than the
capital investment to serve such a customer as outlined in section (4)(d)2
below and the alternative energy source generates more greenhouse gas
emissions than natural gas.
(c) Rate schedule reductions or minor changes: The City Manager, or
designee, is authorized to reduce the billing charge(s) for any rate
schedule(s) or to make minor rate schedule modifications in keeping
with achieving the "cost of service based rates" as recommended in
the most recent rate study done for CGS.
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(d) Main and service extension construction feasibility. Whenever a
prospective customer requests a new gas service, CGS 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 reliability and/or
quality of gas service to existing customers.
2. Main and Service line extension construction feasibility. The
maximum capital investment which will be made by CGS to extend
main lines and service lines to serve a new customer(s) shall be 10
times the annual Non-Fuel Energy (NFE) Rate times the Calculated
Annual Therms/Gallons (CAT/CAG) to be derived from the facilities
PLUS 10 times the annual gas customer charge revenues. The
formula shall be:
10 x (N FE Rate) x (CAT or CAG)
+ 10 x (Annual Customer Charge Revenues)
= Maximum Investment for Construction Feasibility
In order to qualify for the above CGS Capital Investment, Residential
customers must maintain a year-round gas utility account and install
a minimum one (1) year-round appliance (i.e., Water heater, furnace,
dryer, cooking) AND a secondary gas appliance, which can be year-
round or seasonal/intermittent (i.e., pool/spa heating, fireplace,
generator, grills) AND have a minimum of 150 CAT/CAG
consumption. All appliance consumption amounts (i.e., CAT/CAG)
and "year-round" or "seasonal" determination will be set by CGS
departmental policy.
All line extension feasibilities for commercial and industrial
customers will solely rely on the Capital Investment formula listed in
this section.
3. Customer contribution required. If the capital construction costs to
extend the main and/or service line exceed the Maximum Investment
for Construction Feasibility, the developer/customer(s) will be
required to either provide a Contribution In Aid of Construction
(CIRC) to cover the excess investment amount or satisfy this
deficiency by entering into a Facilities Contract Charge (FCC) rider
sufficient to cover this deficiency within a period of 10 years.
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4. Refund of Customer Contribution in Aid of Construction.
a. At the end of the first year following the date on which Gas
Service to the customer meter is turned on, at the Customer's
request, CGS shall recalculate the Maximum Investment for
Construction Feasibility and determine if any customer CIAC
should be refunded. A re-estimation of the annual revenue
(considering the actual revenue derived during the first year) shall
be used in such recalculation. CGS shall refund to the customer
an amount equal to the positive difference (if any) determined by
subtracting the Maximum Investment for Construction Feasibility
as originally calculated under section (4)(d)2, to the actual
revenues received pursuant to the provisions of section (4)(d)2.
b. For each additional customer taking Gas Service from any point
on an extended Main or Service facilities within a period of two
(2) years from the in-service date of a main extension, CGS shall
refund to the customer(s), who provided a CIAC, provided this
customer requested refund consideration as described in
paragraph 4a above, the amount by which the Maximum
Investment for Construction Feasibility of the new customer
exceeds the cost of connecting such new customer, provided that
an additional Main extension shall not have been necessary to
serve such additional customer.
c. The aggregate refund to any customer made through the
provisions of (a) and (b) above shall not exceed the original CIAC
of such customer.
d. The extension shall at all times be the property of CGS, and any
unrefunded portion of said CIAC at the end of two (2) years shall
accrue to CGS.
5. Conversion of equipment to natural gas. CGS 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 CGS for a period to allow for recovery of Clearwater Gas
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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 CGS 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 CGS for all or any part of the costs incurred
to accomplish 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 CGS (see City Code of
Ordinances, Chapter 32, Section 32.336). CGS highly discourages
the installation of multiple meters on the same 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 CGS Executive
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 the same premise or
commercial occupancy with a Clearwater Gas natural gas service.
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.
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 February 1, 2024.
December 19, 2023
PASSED ON FIRST READING
[GM 19-2064-094/263624/1] Ordinance No.9739-23 Page 29
DocuSign Envelope ID: B9D3F891-OF7A-4DB9-A97A-F2OC6F8156F4
PASSED ON SECOND AND FINAL February 1, 2024
READING AND ADOPTED
EocuSigned by:
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Brian J. Aungst, Sr.
Mayor
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Approved as to form: Attest:
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Michael Fuino Rosemarie Call
Senior Assistant City Attorney City Clerk
[GM 19-2064-094/263624/1] Ordinance No.9739-23 Page 30