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52

ARTICLE IV. - ELECTRICITY

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Footnotes:

--- (3) --- Editor's note— Ord. No. 2006-22, § 2, adopted Aug. 22, 2006, amended the former Art. IV, §§ 110-138—110-144, 110-146 and enacted a new provisions as set out herein. The former provisions pertained to similar subject matter. For complete derivation see the Code Comparative Table at the end of this volume. Formerly, prior and current ordinances pertaining to this article are as follows: Code 1979, ch. 10, § 6; Ord. No. 85-17, ch. 10, § 1(6), 6-25-85; Ord. No. 87-23, ch. 10, § 6, 11-13-87; Ord. No. 88-1, ch. 10, § 6, 1-12-88; Ord. No. 88-19, ch. 10, § 6, 10-15-88; Ord. No. 89-4, ch. 10, § 6, 8-28-89; Ord. No. 89-7, ch. 10, § 6, 11-28-89; Ord. No. 91-5, ch. 10, § 1(6), 8-15-91; Ord. No. 92-9, ch. 10, § 1(6), 10-15-92; Ord. No. 93-4, ch. 10, § 6, 4-27-93.

Sec. 110-136. - Electric connect fees.#

(a)

Connection fees. Connections with the municipal electric system are as follows:

(1)

Existing tap. Connections fees for new service with an existing tap shall be charged an electric meter installation charge as state in Table 110-136(a).

(2)

No existing tap. Connections with the municipal electric system without an existing tap shall be charged an electrical meter installation charge stated in Table 110-136(a); and, an electric tap fee as stated in section 110-136(c).

Table 110-136(a). Electric Meter Installation Charge Meter Type and Size Meter Installation Charge

200-amp 2s $500.00

Meters exceeding 200-amp 2s $500.00 plus all additional costs

(b)

Hardware provided. The meter installation charge shown in Table 110-136(a) covers the cost of one 200-amp meter and one meter socket. In addition, if needed, the city will provide any customer with one pole mounted transformer of such KVA as the city determines to be adequate to service the meter up to 50 KVA. Customer shall bear any additional costs should the load require a transformer larger than 50 KVA.

(c)

Electric tap fee. Connections with the municipal electric system without an existing tap shall require payment of an electric tap fee. As the city's costs for providing an electric tap will vary depending on accessibility to the service line, the electric tap fee shall be equal to the total cost of installation, including materials, equipment, and labor. Electric tap fee may include, but are not limited to, cutting across a right-of-way, road repairs, cutting through rock and all costs associated with easement acquisition (including land surveying, easement purchase price, and attorney fees). Additionally, the electric tap fee will include costs the city incurs for devoting staff to complete an electric tap project.

(d)

Payment due in advance. Payment of the electric meter installation charge and the electric tap fee shall be paid in full prior to city issuing the work order. In the case of the electric tap fee, an estimate shall be made as to the final costs and the customer shall pay the estimated final costs in advance. At the completion of the work, the actual final costs of the electric tap shall be calculated. Should the actual costs of the electric tap exceed the estimated costs the customer shall pay the difference. Should the actual costs be less than the estimated final costs the city shall refund the difference.

(Ord. No. 2006-06, §§ 8, 12, 2-28-06; Ord. No. 2008-07, § 2, 4-8-08; Ord. No. 2008-15, § 2, 7-22-08; Ord. No. 2020-14, § 1, 6-9-20)

Sec. 110-137. - Responsibility for connection of electrical service.#

(a)

Overhead secondary service lines. Upon the customer's payment of all fees associated with new construction the city will supply overhead secondary service lines subject to the following:

(1)

Construction plans. Prior to city issuing a work order the customer shall provide a plan for the building or other permanent facility.

(2)

Service extension. The city shall determine the type and location of the service extension and shall connect to customer-installed wiring; provided the customer-installed wiring is in compliance with regulatory requirements.

(3)

Customer's request. Upon a request by customer the city may change the point of delivery; provided customer pays any actual costs associated with the request. The final determination as to the location of the point of delivery shall always rest with the city; and the city may refuse any request for a change in the point of delivery.

(4)

Attachment poles. Customers shall be responsible for providing a suitable attachment point for installation of the service line. The attachment must comply with chapter 22 of this Code; and with applicable codes published by the state, or other regulatory bodies. In the event of a conflict between regulatory publications the most stringent regulation, as determined by the city, shall apply.

(b)

City meter pole. Customers may request service be delivered to a city meter pole. In such cases, customers must provide an approved service meter loop on the pole. Customers must also install and pay for any service line required beyond the meter pole. The final determination as to service delivery via a city metered pole shall always rest with the city; and the city may refuse any request for service delivery via a city metered pole.

(c)

Underground service lines. Customers are responsible for installing and maintaining underground secondary service lines from the point of delivery to the main disconnect switch and service center. The city will assume no responsibility for the connection or the use of such connections.

(d)

Connection fees. Customer shall be responsible for payment of electric connection fees as provided in Section 110-136 of this article prior to city's issuance of any work order.

(e)

Prohibition. No person shall provide, or cause to be provided, electrical service to any improved property within the corporate limits of the city by any means other than connection to the city electrical system, or, if the improved property is in a retail public utility's certificate of convenience and necessity area, by connection to a retail public utility authorized by the Public Utility Commission of Texas to provide electricity within the certificate of convenience and necessity area. It shall be an exception to this prohibition to provide emergency electrical service as authorized in subsection (f).

(f)

Emergency electrical service. This section provides an exception to the prohibition stated in subsection (e) during times of emergency. For the purposes of this exception an emergency occurs only when city, or retail public utility as the case may be, electric service is temporarily disrupted to an improved property due to weather or other factors outside the control of the city or retail public utility. The use of a generator to provide electricity to an improved property in an emergency is allowed; provided however, upon restoration of electricity by the city to the improved property the use of the generator shall cease. The operation of an emergency generator shall comply with applicable safety requirements of the International Fire Code and International Building Code.

(g)

Emergency electrical service. This section provides an exception to the prohibition stated in subsection (e) during times of emergency. For the purposes of this exception an emergency occurs only when city, or retail public utility as the case may be, electric service is temporarily disrupted to an improved property due to weather or other factors outside the control of the city or retail public utility. The use of a generator to provide electricity to an improved property in an emergency is allowed; provided however, upon restoration of electricity by the city to the improved property the use of the generator shall cease. The operation of an emergency generator shall comply with applicable safety requirements of the International Fire Code and International Building Code. Disconnection of city services by the city shall not constitute an emergency under this subsection.

(h)

Disconnect required. Customers shall provide a main disconnect to the customer's electric system. The main disconnect shall be placed in an exterior location, readily accessible to city. The location of the main disconnect to any electric system disconnect that is equal to, or exceeds 800 amps, shall be determined by the city on a case by case basis.

(Ord. No. 2006-06, §§ 9, 12, 2-28-06; Ord. No. 2015-06, § 2, 5-12-15; Ord. No. 2020-14, § 2, 6-9-20)

Sec. 110-138. - Residential service.#

(a)

Rate schedule R—Monthly rate:

Customer charge: $12.00

Purchased power cost adjustment: (See Article IV. Section 110-144)

City distribution charge: $0.0437 per kWh

The rates established under this section may be amended by ordinance from time to time.

(b)

Availability: The residential service rate may be available, as approved by the City of Burnet under the rules, regulations, and policies as provided for in this article, at the rates set forth in this section.

(c)

Applicability: The residential service rate is applicable for electric service for noncommercial, residential customers and subject to the special conditions as outlined in subsection (e) of this section.

(d)

Monthly bill:

(1)

The minimum monthly bill shall be the customer charge plus the sum of all applicable rate adjustments.

(2)

The monthly bill shall be the sum of the customer charge, the purchased power cost adjustment, the city distribution charge and applicable adjustments.

(3)

Any bill rendered for service hereunder shall be based on metered consumption or on the basis of valid assumptions.

(e)

Special conditions: A residential unit, which is used primarily for business purposes, will be served under the appropriate business service rate schedule and not under this rate schedule. For the purpose of this section, a residential unit must be in compliance with all applicable zoning codes to qualify for the residential service rate.

(Ord. No. 2006-22, § 2, 8-22-06; Ord. No. 2008-15, § 2, 7-22-08; Ord. No. 2008-24, § 2, 9-23-08; Ord. No. 2010-02, § 2, 2-9-10; Ord. No. 2019-20, § 2, 8-27-19; Ord. No. 2023-35, § 2, 9-12-23)

Sec. 110-139. - Small commercial service.#

(a)

Rate schedule SCS—Monthly rate:

Customer charge: $12.00

Purchased power cost adjustment: (See Article IV. Section 110-144)

City distribution charge: $0.0537 per kWh

The rates established under this section may be amended by ordinance from time to time.

(b)

Availability: The small commercial service rate may be available, as approved by the City of Burnet under the rules, regulations, and policies as provided for in this article, at the rates set forth in this section.

(c)

Applicability:

(1)

The small commercial service rate is applicable for electric service for business and/or commercial customers whose demand is not equal to or greater than 50 kilowatts during any 15-minute demand interval during two billing periods within a calendar year.

(2)

An audit of the billed demand for the previous year will be performed in January of each year to determine the appropriate rate class for the following calendar year.

(3)

The city reserves the right to audit all new customers during the first 12 months of service to verify proper placement within the City of Burnet rate classes.

(4)

A City of Burnet electric customer can request a consumption audit of their service one time per calendar year.

(d)

Monthly bill:

(1)

The minimum monthly bill shall be the customer charge plus the sum of all applicable rate adjustments.

(2)

The monthly bill shall be the sum of the customer charge, the purchased power cost adjustment, the city distribution charge and applicable adjustments.

(3)

Any bill rendered for service hereunder shall be based on metered consumption or on the basis of valid assumptions.

(Ord. No. 2006-22, § 2, 8-22-06; Ord. No. 2008-15, § 3, 7-22-08; Ord. No. 2008-24, § 3, 9-23-08; Ord. No. 2010-02, § 3, 2-9-10; Ord. No. 2019-20, § 2, 8-27-19; Ord. No. 2023-35, § 3, 9-12-23)

Sec. 110-140. - Large commercial service.#

(a)

Rate schedule LCS—Monthly rate:

Customer charge: $16.62

Purchased power cost adjustment: (See Article IV. Section 110-144)

Demand charge: $2.00 per kW

But not less than $100.00 per month

City distribution charge: $0.0430 per kWh

The rates established under this section may be amended by ordinance from time to time.

(b)

Availability: The large commercial service rate may be available, as approved by the City of Burnet under the rules, regulations, and policies as provided for in this article, at the rates set forth in this section.

(c)

Applicability:

(1)

The large commercial service rate is applicable for electric service for business and/or commercial customers whose demand is greater than or equal to 50 kilowatts, but less than 1,000 kilowatts, during any 15-minute demand interval during two billing periods within a calendar year.

(2)

An audit of the billed demand for the previous year will be performed in January of each year to determine the appropriate rate class for the following calendar year.

(3)

The city reserves the right to audit all new customers during the first 12 months of service to verify proper placement within the City of Burnet rate classes.

(4)

A City of Burnet electric customer can request a consumption audit of their service one time per calendar year.

(d)

Monthly bill:

(1)

The minimum monthly bill shall be the customer charge plus the minimum demand charge as stated in (e) of this section and the sum of all applicable rate adjustments.

(2)

The monthly bill shall be the sum of the customer charge, the purchased power cost adjustment, the demand charge, the city distribution charge and applicable adjustments.

(3)

Any bill rendered for service hereunder shall be based on metered consumption or on the basis of valid assumptions.

(e)

Special conditions: The kW billing demand shall be the highest measured kW demand established in any average 15-minute period during the current month, but not less than 50 kW.

(Ord. No. 2006-22, § 2, 8-22-06; Ord. No. 2008-15, § 4, 7-22-08; Ord. No. 2008-24, § 4, 9-23-08; Ord. No. 2010-02, § 4, 2-9-10; Ord. No. 2019-20, § 2, 8-27-19; Ord. No. 2023-35, § 4, 9-12-23)

Sec. 110-140.1. - Industrial service.#

(a)

Rate schedule IS—Monthly rate summary:

Customer charge: $16.62

Purchased power cost adjustment: (See Article IV. Section 110-144)

Demand charge: $7.47 per kW

But not less than $7,470.00 per month

City distribution charge: $0.0259 per kWh

The rates established under this section may be amended by ordinance from time to time.

(b)

Availability: The industrial service rate may be available, as approved by the City of Burnet under the rules, regulations, and policies as provided for in this article, at the rates set forth in this section.

(c)

Applicability:

(1)

The industrial service rate is applicable for electric service for industrial customers whose demand is equal to or greater than 1,000 kilowatts during any 15-minute demand interval during two billing periods within a calendar year.

(2)

An audit of the billed demand of the previous year will be performed in January of each year to determine the appropriate rate class for the following calendar year.

(3)

The city reserves the right to audit all new customers during the first 12 months of service to verify proper placement within the City of Burnet rate classes.

(4)

A City of Burnet electric customer can request a consumption audit of their service one time per calendar year.

(d)

Monthly bill:

(1)

The minimum monthly bill shall be the customer charge plus the minimum demand charge as stated in (e) of this section and the sum of all applicable rate adjustments.

(2)

The monthly bill shall be the sum of the customer charge, the purchased power cost adjustment, the demand charge, the city distribution charge and applicable adjustments.

(3)

Any bill rendered for service hereunder shall be based on metered consumption or on the basis of valid assumption.

(e)

Special conditions: The kW billing demand shall be the highest measured kW demand established in any average 15-minute period during the current month, but not less than 1,000 kW.

(Ord. No. 2006-22, § 2, 8-22-06; Ord. No. 2008-15, § 5, 7-22-08; Ord. No. 2008-24, § 5, 9-23-08; Ord. No. 2010-02, § 5, 2-9-10; Ord. No. 2019-20, § 2, 8-27-19; Ord. No. 2023-35, § 5, 9-12-23)

Sec. 110-141. - Reserved.#

Editor's note— Ord. No. 2023-35, § 6, adopted September 12, 2023, repealed § 110-141. Former § 110-141 pertained to economic development service and derived from Ord. No. 2006-22, § 2, adopted August 22, 2006; Ord. No. 2008-15, § 6, adopted July 22, 2008; Ord. No. 2008-24, § 6, adopted September 23, 2008; Ord. No. 2010-02, § 6, adopted February 9, 2010; and Ord. No. 2019-20, § 2, adopted August 27, 2019.

Sec. 110-142. - Guard light service.#

RATE SCHEDULE GL: Customer light installation fee: The installation fee shall include the cost of materials, labor and equipment at the time of installation and shall be paid for by the customer in full at time of request.

(1)

Monthly customer usage charge: $12.50

(2)

Availability. The guard light service rate may be available, as approved by the city under the rules, regulations, and policies as provided for in this article, at the rates set forth in this section.

(3)

Applicability. The guard light service rate is applicable for electric service for new and existing customers and subject to the special conditions as outlined in subsection (5).

(4)

Monthly bill. The monthly bill shall be the sum of the customer charge and applicable adjustments.

(5)

Special conditions.

a.

The city will furnish, operate, and maintain the lighting system. Service at locations where existing city owned poles and facilities are not available will be made at the discretion of the city.

b.

The cost of repairing facilities damaged by acts of vandalism shall be billed to the customer.

c.

The city may, upon the request of customer, relocate or change existing equipment. Customer shall be billed for all associated expenses, including appropriate overhead.

d.

Extensions of lighting facilities will be made by the city only where, in the opinion of the city, the annual revenue justifies the cost of such extensions.

e.

The city manager is authorized to develop administrative rules to facilitate the efficient implementation of this section and protect the best interest of the city.

(Ord. No. 2006-22, § 2, 8-22-06; Ord. No. 2015-26, § 2, 1-12-16)

Sec. 110-143. - Municipal service.#

(a)

Rate schedule MS—Monthly rate:

Purchased power cost adjustment: (See Article IV. Section 110-144)

City distribution charge: $0.0356 per kWh

The rates established under this section may be amended by ordinance from time to time.

(b)

Availability: The municipal service rate may be available, as approved by the City of Burnet under the rules, regulations, and policies as provided for in this article, at the rates set forth in this section.

(c)

Applicability: Municipal service rates shall be for service for municipal purposes which are essential services rendered city wide and which are financed wholly from city funds. Examples are water pumping, sewage pumping, municipal building lighting and power, street lighting, etc. This rate is not available for any purpose for which the city receives specific reimbursement either partial or total.

(d)

Minimum monthly bill: The monthly bill shall be the sum of the purchased power cost adjustment, the city distribution charge and applicable adjustments.

(e)

Special conditions:

(1)

The bills rendered under this schedule shall be settled between funds not later than the first succeeding month after which service was rendered.

(2)

Any bill rendered for service hereunder shall be based on metered consumption or calculated on the basis of valid assumptions.

(Ord. No. 2006-22, § 2, 8-22-06; Ord. No. 2008-15, § 7, 7-22-08; Ord. No. 2008-24, § 7, 9-23-08; Ord. No. 2010-02, § 7, 2-9-10)

Sec. 110-144. - Purchased power cost adjustment clause.#

(a)

Purchased power cost adjustment: The energy charge per kilowatt-hour (kWh) shall be adjusted upward or downward each month in accordance with the provisions set forth below:

(1)

The city manager, and/or his/her designee, shall have the authority to adjust the purchased power cost adjustment (PPCA) as needed to reflect changes in the electricity supplier's generation, transmission, ERCOT, line losses and other related expenses charged by the city's wholesale provider(s), hereafter referred to as "power costs", and may not change the city's revenues other than the amount necessary to pay the city's power costs from wholesale provider(s). Prior to each billing cycle, the city manager, or designee, shall determine the PPCA to be billed for that cycle by combining all power costs from wholesale provider(s) and divide said amount by the adjusted kWh billed during said billing cycle. In order to account for lost power, the adjusted kWh billed shall be equal to 92.75% of the total adjusted metered load (AML), purchased during said billing cycle, as indicated on the wholesale provider's monthly statement.

(2)

In the event the city is unable to calculate the exact PPCA for a specific billing cycle, the city staff shall prepare an estimate of the PPCA per kWh for said cycle to be billed and shall adjust the next billing cycle to reflect any over/under collections from the estimated PPCA. The adjustment to the estimate will reflect variances in the estimated and actual power costs billed by the city's wholesale supplier(s) by the city.

(Ord. No. 2006-22, § 2, 8-22-06; Ord. No. 2024-32, § 2, 8-27-24; Ord. No. 2026-07, § 2, 3-10-26)

Sec. 110-145. - Single point delivery.#

All the rates of this article are based upon the supply of service to the entire premises through a single delivery and meeting point. Separate supply for the same customer at other points of delivery shall be separately metered and billed.

(Ord. No. 92-9, ch. 10, § 1(6)(I), 10-15-92; Ord. No. 99-16, § H. 3-4-99; Ord. No. 2006-06, § 7, 2-28-06)

Sec. 110-146. - General conditions.#

(a)

A standard contract for a minimum term of one year may be executed prior to the commencement of service.

(b)

Bills calculated under this article shall be subject to the application of the purchased power cost adjustment clause.

(c)

Services rendered shall be subject to the city's ordinances, rules and/or regulations in effect from time to time.

(d)

The kW demand shall be determined by meters owned and installed by the city at the point of delivery. An interval data recorder may be made available to any demand customer at the customer's expense.

(Ord. No. 2006-22, § 2, 8-22-06; Ord. No. 2008-07, § 2, 4-8-08)

Editor's note— Ord. No. 2008-07, § 2, adopted Apr. 8, 2008, repealed subsections (c)—(e). To preserve the style of this Code, the editor has redesignated the former subsections (f) and (g) as subsections (c) and (d) respectively.

Sec. 110-147. - Interconnection policy.#

The city shall be the sole provider of electric power within the city's designated certificate of convenience and necessity (CCN), as defined by the public utility commission of the state, subject to the following: (1)

The city manager is authorized to develop and maintain an administrative policy to facilitate the efficient and safe implementation of small power generation and cogeneration in a manner that will protect the health, safety and welfare of the citizens of the city provided that:

a.

Residential power generation greater than 10 kW is expressly prohibited; and

b.

Commercial and industrial power generation greater than 20 kW is expressly prohibited; and

c.

An exception is provided for the use of emergency use of a back-up generator; and

d.

Power generating using wind or fuel, except for emergency generation, shall be prohibited.

(2)

Penalty. A person who violates a provision of the adopted policy is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00.

(3)

Damage to city system. In addition to the criminal penalties provided in subsection (2), the city may:

a.

Immediately disconnect any electrical service found to be in violation of this section and which immediately imperils the safe operation of city's electrical system.

b.

Seek any and all remedies available at law or equity for disruption or damage caused to the city's electrical system, including incidental or consequential damages by the unauthorized interconnection to the city's electrical service.

(Ord. No. 2014-10, § 2, 5-27-14; Ord. No. 2015-05, § 2, 5-12-15; Ord. No. 2015-27, § 2, 1-12-16)

Editor's note— Ord. No. 2015-05, § 2, adopted May 12, 2015, amended § 110-147, to read as set out herein. Previously § 110-147 was titled "Interconnections."

Sec. 110-148. - Electric line extension policies.#

(a)

Scope: This section applies only to land located within the City's certificate of convenience and necessity service.

(b)

Administration. These policies shall be administered by the city manager, or his or her designee.

(c)

Service rules. The extension of electric lines under this section shall comply with all applicable provisions of the service rules and regulations of the city, including, but not limited to, applicable sections of this chapter such as section 110-137 (entitled "responsibility for connection of electrical service").

(d)

Application. An applicant shall complete an application for electric line extension on such form as provided by the city.

(e)

Costs. Except as expressly stated in this section, all costs for electric line extension, including, but not limited to, engineering, easement acquisition and dedication, labor, materials, equipment, shall be borne by the applicant; and applicant shall reimburse the city for any costs the city may incur as follows:

(1)

The administrator shall determine what electric facilities will adequately serve all prospective customers requesting the electric line extension;

(2)

The administrator, using the most current data available, shall provide the applicant with an estimate of the city's costs for the requested electric line extension;

(3)

Prior to the city initiating any work, applicant shall pay the city 100 percent of the cost estimate; and

(4)

If, at completion of the work it is determined the actual costs was less than the estimate the city shall reimburse the applicant the difference; but if the actual costs are more than the estimate the applicant shall reimburse the city the difference.

(f)

Dedication. Ownership of all lines, services, material, and facilities installed by the city, applicant, or other party shall vest with the city without formality of dedication, whether or not the same have been paid for by the applicant; except those services installed past the point of delivery as defined in City Code section 110-136.

(g)

Individual lots: The costs to connect individual lots within the subdivision are in addition to the costs described in this section.

(h)

Underground facilities. Unless overhead facilities are approved by the administrator all electric line extensions shall be placed underground. Underground infrastructure to subdivisions or commercial lots shall be subject to all applicable requirements that follow:

(1)

The applicant shall be responsible for providing all civil work. Including, but not limited to, trenching, bedding, backfill, concrete work associated with ground mounted gear, and all conduits and its installation; and

(2)

When the design of the development is such that switchgears are required for safe and proper operation of the distribution system, the developer will bear the cost of the switchgear; but, where switchgears are installed solely for the convenience of the city to provide flexibility in serving load outside of the development, the city shall bear the cost of such switchgear;

(3)

In all cases, underground secondary service lines from the meter to the customer's main disconnect or service center shall be installed and maintained by the customer and the city shall have no responsibility or liability in connection therewith;

(4)

For commercial/industrial/multi-family residential services where the meter bank of meters is to be located on the building or adjacent to the load, the service (cables, conduit, and trench) from the transformer to the load will be provided by the customer; and

(5)

All electric line extensions shall be three-phase, unless otherwise approved by the city.

(i)

Overhead facilities. Upon request by an applicant, the administrator's approval, and applicant's compliance with all applicable requirements of this section the city will construct new extension of its overhead distribution system subject to all applicable requirements that follow:

(1)

The applicant complies with applicable requirements of this chapter;

(2)

The applicant dedicates to the public such rights-of-way easements and covenants as required by the city;

(3)

The applicant provides site plans (streets, wet utilities, mechanical, electrical, plumbing, and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed;

(4)

The applicant shall provide survey points for grades, lot corners, street rights-of-way, and other locations necessary for installation of the electric system; and

(5)

All electric line extensions shall be three-phase, unless otherwise approved by the city.

(j)

Oversize facilities. For the purposes of this subsection, a facility is deemed oversize when, and to the extent, the city requires installation facilities in excess of the specific electric load requirement for a development at full development. In such case the city may, in its sole discretion, participate with the developer, customer, or applicant in the cost of oversized facilities.

(Ord. No. 2022-17, § 2, 2-22-22)

Editor's note— Ord. No. 2022-17, § 2, adopted February 22, 2022, in effect, repealed § 110-148 and enacted a new § 110-148 as set out herein. Former § 110-148 pertained to information for developers and derived from Ord. No. 2006-06, §§ 10, 12, adopted February 28, 2006.

Sec. 110-149. - Relocating facilities and line clearance.#

(a)

Relocating lines and facilities. At the applicant's request, and at the sole option of the city electric lines and other facilities may be relocated only if the following conditions are met:

(1)

Service to other customers, both present and prospective, will not be adversely affected.

(2)

Dedications of easements necessary for the relocated lines or other facilities are granted to the city.

(3)

The applicant pays in advance the total estimated cost of removing the existing lines and/or facilities and replacing them with lines and/or facilities at the new location, in accordance with section 110-148(e).

(b)

Line clearance. The city will assist in the transportation of oversized objects through the area or in the construction of buried pipelines or other objects within the city right-of-way by temporarily de-energizing city facilities or temporarily relocating or raising city facilities subject to the following:

(1)

The line clearance request shall be made at least ten business days before the activity requiring the line clearance;

(2)

The applicant shall pay the city its estimated costs for the line clearance in advance, with the understanding that should the estimate exceed the city's actual costs the city will repay the applicant the difference, but should the estimate be less than the city's actual costs the applicant shall reimburse the city the difference; and

(3)

City's cost shall be calculated to include, but not limited to, labor, materials, engineering, right-of-way acquisition and clearing, and costs for vehicles or equipment use.

(Ord. No. 2006-06, §§ 11, 12, 2-28-06; Ord. No. 2022-17, § 3, 2-22-22)