ORDINANCE NO. 125-14 – 9/19

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ORDINANCE NO.  125-14

ORDINANCE TO AMEND SECTIONS 28-55 AND 28-55.1 OF THE CODE OF ORDINANCES TO ADJUST THE MONTHLY CUSTOMER CHARGE

BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment to Section 28-55. That Section 28-55 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read as follows:

Sec. 28-55. Residential general service rates and charges; Rate Schedule RS-2007 (Rate Code R)

(a) Availability. This schedule is available in the retail service area of Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”).

(b) Applicability. This schedule is applicable for use in private residences, single-family dwelling units, and farms. Energy delivered to each residence, dwelling unit, or farm shall be separately metered, and shall include energy used for incidental, non-commercial purposes (e.g., swimming pools, garages and workshops). This schedule is not applicable to recognized boarding or rooming houses or commercial establishments. Energy taken under this schedule may not be resold or shared with others.

Residential customers meeting the applicability provisions set forth in Rate Schedule RE-2007 (residential all-electric service) may be served under that rate schedule.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, 60 Hertz, single-phase at OL&P’s option, three-phase, at available voltage and at a single delivery point. Separate supplies for the same customer at different voltages or at other delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electrical power to residential customers as defined above are hereby approved, adopted, authorized and confirmed:

(1) Basic monthly charge.

a. Customer charge.

For each month a charge of …..$15.75

b. Energy charge.

First 600 kWh …..$0.0834/kWh

All additional kWh …..$0.0764/kWh

(2)  Power cost adjustment. OPS’ Power Cost Adjustment Clause PCA-2007, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum monthly charge shall be the customer charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the Alabama State Utility Tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective code of ordinances of the city.

(e) Payment.

(1) Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(2) Customers hereunder may qualify for “budget billing,” whereby monthly bills shall reflect estimated average monthly charges over a year’s time, subject to being adjusted to reflect actual charges based on actual usage after each twelve (12) consecutive month’s billings. Additional information on budget billing is available at the offices of OPS.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after October 1, 2014.

Section 2.  Amendment to Section 28-55.1. That Section 28-55 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read as follows:

Sec. 28-55.1 Residential all-electric service rates and charges; Rate Schedule RE-2007 (Rate Code E).

(a)  Availability. This schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”).

(b) Applicability. This schedule is applicable for use in private residences, single-family dwelling units, and farms where electric energy is the exclusive energy source for space heating, air conditioning, and water heating. Energy delivered to each residence, dwelling unit, or farm shall be separately metered, and shall include energy used for incidental, non-commercial purposes (e.g., swimming pools, garages and workshops). This schedule is not applicable to recognized boarding or rooming houses or commercial establishments. Energy taken under this schedule may not be resold or shared with others.

Residential customers not satisfying the applicability requirements of this Rate Schedule RE-2007 may be served under Rate Schedule RS-2007 (residential general service).

(c) Character of service. Energy and power delivered hereunder shall be alternating current, 60 Hertz, single-phase at OPS’ option, three-phase, at available voltage and at a single delivery point. Separate supplies for the same customer at different voltages or at other delivery points shall be separately metered and billed.

(d) Monthly rates charges. The following rates and charges for electrical power to all electric residential customers as defined above are hereby approved, adopted, authorized and confirmed.

(1) Basic monthly charges.

a. Customer charge.

For each month a charge of …..$15.75

b. Energy charge.

First 600 kWh @ …..$0.07920/kWh

All additional kWh @ …..$0.07210/kWh

(2) Power cost adjustment. OPS’ Power Cost Adjustment Clause PCA-2007, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum monthly charge shall be the customer charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the Alabama State Utility Tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective code of ordinances of the city.

(e) Payment.

(1) Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(2) Customers hereunder may qualify for “budget billing,” whereby monthly bills shall reflect estimated average monthly charges over a year’s time, subject to being adjusted to reflect actual charges based on actual usage after each twelve (12) consecutive month’s billings. Additional information on budget billing is available at the offices of OPS.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after October 1, 2014.

Section 3.  Repealer Clause.  All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the sections hereby adopted are repealed.

Section 4.  Severability.  If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.

Section 5.  Construction.  If any section, paragraph or sentence or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance independent of the elimination therefrom of such portion that may be declared invalid.

Section 6.   Effective Date.  This Ordinance and the sections hereby adopted shall take effect and be enforced immediately upon its adoption and publication as required by law.

Section 7.  Publication.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 16th day of September, 2014.

/s/ C. E. “Eddie” Smith, Jr.

_____________

PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

_____________

CITY CLERK

TRANSMITTED TO MAYOR on this the 17th day of September, 2014.

/s/ R. G. Shuman

_______________

CITY CLERK

ACTION BY MAYOR

APPROVED this the 17th day of September, 2014.

/s/ Gary Fuller

________________

MAYOR

ATTEST:

/s/ R. G. Shuman

________________

CITY CLERK

Legal run 9/19/14

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