ORDINANCE NO. 134-14 – 12/5

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ORDINANCE NO. 134-14

ORDINANCE TO AMEND SECTIONS 28-56, 28-56.1, 28-57, 28-57.1 AND 28-58 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA ALL TO MODIFY TIME-OF-USE RATES T3, T4, T7 & T8 AND TO PROVIDE THAT REFERENCES TO OPELIKA LIGHT & POWER DEPARTMENT SHALL BE CONSTRUED TO REFER TO OPELIKA POWER SERVICES

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

Section 1.  Amendment to Section 28-56  That Section 28-56 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read in its entirety as follows:

Sec. 28-56. – Commercial general service rates and charges; Rate Schedule GS-2007 (Rate Code EH CP).

(a) Availability. This rate 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”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability. This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point. Energy and power taken under this schedule may not be resold or shared with others.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, 60 Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electrical power for non-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 $19.00

b. Demand charge.

1. Standard service (Rate Code C). Where the customer receives service at a nominal voltage of less than 12.47 kV; the demand charge shall be as follows:

First 24 kVA of billing demand @ No Charge

All additional kVA of billing demand @ $13.22/kVA

2. Primary service (Rate Code CP). Where the customer receives service at a nominal voltage of 12.47 kV or greater; the demand charge shall be as follows:

First 24 kVA of billing demand @ No Charge

All additional kVA of billing demand @ $13.19/kVA

The customer’s “billing demand” shall be the greater of (i) the customer’s measured demand for the current monthly billing period, or (ii) Seventy (70) percent of the greatest such measured demand that shall have occurred during the prior eleven (11) monthly billing periods. The customer’s “measured demand” shall be the greatest fifteen-minute integrated kVA demand of the customer during the current monthly billing period, as determined by suitable metering equipment of OPS.

c. Base energy charge.

First 3,000 kWh @ $0.10470/kWh

Next 2,000 kWh @ $0.06780/kWh

All additional kWh @ $0.0427/kWh

(2) Power cost adjustment. OPS’s 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 sum of the customer charge and the demand 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. 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.

(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 December 15, 2014 and supersedes all previous rates schedules previously applicable service to the customer.

(Ord. No. 117-07, § 1, 9-18-07)

Section 2.  Amendment to Section 28-56.1  That Section 28-56.1 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read as follows:

Sec. 28-56.1. – Commercial all electric general service and public school rates and charges; Rate Schedule GE-2007 (Rate Code AH AP).

(a) Availability. This rate 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”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability. This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point, but only where electric energy supplied hereunder is the exclusive energy source for comfort space heating and, air conditioning, and water heating. Energy and power taken under this schedule may not be resold or shared with others.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, 60 Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electrical service to all-electric non-residential customers and public schools as defined above are hereby approved, adopted, authorized and confirmed:

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of $19.00

b. Demand charge.

1. Standard service (Rate Code A). Where the customer receives service at a nominal voltage of less than 12.47 kV, the demand charge shall be as follows:

First 50 kVA of billing demand @ No Charge

All additional kVA of billing demand @ $12.36/kVA

2. Primary service (Rate Code AP). Where the customer receives service at a nominal voltage of 12.47 kV or greater; the demand charge shall be as follows:

First 50 kVA of billing demand @ No Charge

All additional kVA of billing demand @ $12.30/kVA

The customer’s “billing demand” shall be the greater of (i) the customer’s measured demand for the current monthly billing period, or (ii) seventy (70) percent of the greatest such measured demand that shall have occurred during the prior eleven (11) monthly billing periods. The customer’s “measured demand” shall be the greatest fifteen-minute integrated kVA demand of the customer during the current monthly billing period, as determined by suitable metering equipment of OPS.

c. Base energy charge.

First 3,000 kWh @ $0.09790/kWh

Next 2,000 kWh @ $0.06780/kWh

All additional kWh @ $0.04270/kWh

(2) Power cost adjustment. OPS’s 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 sum of the customer charge and the demand 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. 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.

(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 December 15, 2014 and supersedes all previous rates schedules previously applicable service to the customer.

(Ord. No. 117-07, § 1, 9-18-07)

Section 3.  Amendment to Section 28-56.2  That Section 28-56.2 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read in its entirety as follows:

Sec. 28-56.2 – Commercial time-of-use service rates and charges; Rate Schedule GT-2007 (Rate Codes T1, T2, T3 & T4).

(a) Availability. This rate 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”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability.

(1) This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point. Energy and power taken under this schedule may not be resold or shared with others.

(2) In order to be eligible for this rate schedule, a new customer shall enter into a contract for service by OPS with a minimum initial term of twelve (12) months, and for an existing customer, the current contract term must extend at least through May 30 following the beginning of the current monthly billing period.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, 60 Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for commercial time-of-use service customers as defined above are hereby approved, authorized, ratified and confirmed.

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of $35.00

b. Demand charge.

1. Where the customer has selected Billing Option A described below:

(i) Standard service (Rate Code T1): Where the customer receives service at a nominal voltage of less than 12.47 kV; the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ $16.52/kVA

All kVA of off-peak billing demand @ $5.85/kVA

(ii) Primary service (Rate Code T2): Where the customer receives service at a nominal voltage of 12.47 kV or greater, the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ $16.20/kVA

All kVA of off-peak billing demand @ $5.53/kVA

2. Where the customer has selected Billing Option B described below:

(i) Standard service (Rate Code T3): Where the customer receives service at a nominal voltage of less than 12.47 kV; the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ $7.37/kVA

All kVA of off-peak billing demand @ $5.85/kVA

(ii)  Primary service (Rate Code T4): Where the customer receives service at a nominal voltage of 12.47 kV or greater, the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ $7.66/kVA

All kVA of off-peak billing demand @ $5.53/kVA

3. Determination of billing demand: The customer may elect either Billing Option A or Billing Option B:

Options A: The customer’s “on-peak billing demand” shall be the customer’s measured demand during on-peak hours, if any, during the current monthly billing period. The customer’s “off-peak billing demand” shall be the customer’s measured demand during off-peak hours during the current monthly billing period.

Options B: The customer’s “on-peak billing demand” shall be the greatest of the customer’s measured demand during on-peak hours during the current monthly billing period and the prior eleven (11) monthly billing periods. The customer’s “off-peak billing demand” shall be the customer’s measured demand during off-peak hours during the current monthly billing period.

The customer’s “measured demand,” during either on-peak hours or off-peak hours shall be the greatest fifteen-minute integrated kVA demand of the customer during the respective hours in the current monthly billing period, as determined by suitable metering equipment of OPS. “On-peak hours” are the hours between 12:00 noon and 7:00 p.m., Monday through Friday, during the months of May through September, excluding Independence Day and Labor Day. “Off-peak hours” are all hours that are not on-peak hours.

c. Base energy charge.

First 3,000 kWh @ $0.09790/kWh

Next 2,000 kWh @ $0.06780/kWh

All additional kWh @ $0.04270/kWh

(2) Power cost adjustment. OPS’s 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 sum of the customer charge and the demand 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. 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.

(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 December 15, 2014 and supersedes all previous rates schedules previously applicable service to the customer.

(Ord. No. 117-07, § 1, 9-18-07)

Section 4.  Amendment to Section 28-7  That Section 28-57 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read in its entirety as follows:

Sec. 28-57. – Large power general service rates and charges; Rate Schedule LP-2007 (Rate Codes P&PP).

(a) Availability. This rate 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”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability. This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point, where the customer’s power requirement is reasonably expected to equal or exceed 1,000 kVA. Energy and power taken under this schedule may not be resold or shared with others.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, 60 Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

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

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of $450.00

b. Demand charge.

1. Standard service (Rate Code P). Where the customer receives service at a nominal voltage of less than 12.47 kV, the demand charge shall be as follows:

First 50 kVA of billing demand @ No Charge

All additional kVA of billing demand @ $15.40/kVA

2. Primary service (Rate Code PP). Where the customer receives service at a nominal voltage of 12.47 kV or greater; the demand charge shall be as follows:

First 50 kVA of billing demand @ No Charge

All additional kVA of billing demand @ $14.40/kVA

The customer’s “billing demand” shall be the greater of (i) the customer’s measured demand for the current monthly billing period, or (ii) eighty (80) percent of the greatest such measured demand that shall have occurred during the prior eleven (11) monthly billing periods. The customer’s “measured demand” shall be the greatest fifteen-minute integrated kVA demand of the customer during the current monthly billing period, as determined by suitable metering equipment of OPS.

c. Base energy charge.

All kWh @ $0.0420/kWh

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

(3) Minimum charge. The minimum charge shall be the sum of the customer charge and the demand 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. 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.

(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 December 15, 2014 and supersedes all previous rates schedules previously applicable service to the customer.

(Ord. No. 117-07, § 1, 9-18-07)

Section 5.  Amendment to Section 28-57.1  That Section 28-57.1 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read in its entirety as follows:

Sec. 28-57.1. – Large power time-of-use service rates and charges; Rate Schedule LT-2007 (Rate Codes T5, T6, T7 & T8).

(a) Availability. This rate 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”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability.

(1) This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point, where the customer’s power requirement is reasonably expected to equal or exceed 1,000 kVA. Energy and power taken under this schedule may not be resold or shared with others.

(2) In order to be eligible for this rate schedule, a new customer shall enter into a contract for service by OPS with a minimum initial term of twelve (12) months, and for an existing customer, the current contract term must extend at least through May 30 following the beginning of the current monthly billing period.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, 60 Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electrical power delivered to large power time-of-use customers as defined above are hereby approved, adopted, authorized and confirmed:

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of $450.00

b. Demand charge.

1. Where the customer has selected Billing Option A described below:

(i) Standard service (Rate Code T5). Where the customer receives service at a nominal voltage of less than 12.47 kV; the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ $24.70/kVA

All kVA of off-peak billing demand @ $2.89/kVA

(ii) Primary service (Rate Code T6). Where the customer receives service at a nominal voltage of 12.47 kV or greater, the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ $24.44/kVA

All kVA of off-peak billing demand @ $2.73/kVA

2. Where the customer has selected Billing Option B described below:

(i) Standard service (Rate Code T7). Where the customer receives service at a nominal voltage of less than 12.47 kV the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ $12.51/kVA

All kVA of off-peak billing demand @ $2.89/kVA

(ii) Primary service (Rate Code T8). Where the customer receives service at a nominal voltage of 12.47 kV or greater, the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ $11.67/kVA

All kVA of off-peak billing demand @ $2.73/kVA

3. Determination of billing demand: The customer may elect either Billing Option A or Billing Option B:

Options A: The customer’s “on-peak billing demand” shall be the customer’s measured demand during on-peak hours, if any, during the current monthly billing period. The customer’s “off-peak billing demand” shall be the customer’s measured demand during off-peak hours during the current monthly billing period.

Options B: The customer’s “on-peak billing demand” shall be the greatest of the customer’s measured demand during on-peak hours during the current monthly billing period and the prior eleven (11) monthly billing periods. The customer’s “off-peak billing demand” shall be the customer’s measured demand during off-peak hours during the current monthly billing period.

The customer’s “measured demand,” during either on-peak hours or off-peak hours shall be the greatest fifteen-minute integrated kVA demand of the customer during the respective hours in the current monthly billing period, as determined by suitable metering equipment of OPS. “On-peak hours” are the hours between 12:00 noon and 7:00 p.m., Monday through Friday, during the months of May through September, excluding Independence Day and Labor Day. “Off-peak hours” are all hours that are not on-peak hours.

c. Base energy charge.

All kWh @ $0.0420/kWh

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

(3) Minimum charge. The minimum charge shall be the sum of the customer charge and the demand 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. 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.

(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 December 15, 2014 and supersedes all previous rates schedules previously applicable service to the customer.

(Ord. No. 117-07, § 1, 9-18-07)

Section 5.  Amendment to Section 28-58.  That Section 28-58 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read in its entirety as follows:

Sec. 28-58 Private Outdoor Lighting Service Rates and Charges; Rate Schedule OL-2007

(a) Availability. This Rate 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”). This Rate Schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability. This Rate Schedule is applicable where the only use of the electricity supplied is for outdoor yard and area lighting and where all service hereunder is supplied to the customer’s premises through a single delivery point. Energy and power taken under this Schedule may not be resold or shared with others.

(c) Character of service.

(1) Energy and power delivered hereunder shall be alternating current, 60 hertz, single-phase, at a nominal standard voltage of OPS, as available, and at a single delivery point. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(2) The customer may supply the lighting fixture(s) (including luminaries and lamps) and their mounting(s), and the installation and maintenance thereof, or OPS will, upon request of the customer, supply such fixtures and mountings and distribution system for rental by the customer; provided, however, that customer-supplied installations and facilities shall be subject to OPS’s inspection, review, and approval with respect to safety, serviceability, and accessibility prior to initiation of service and at any time thereafter as a condition of continued service.

(3) Where the customer shall have supplied the lighting fixture(s) and the corresponding mounting(s), OPS shall provide, at no additional cost, routine replacement of lamps and photoelectric controls if such lamps and photoelectric controls are of a type normally maintained in inventory; provided, however, that OPS, for good cause, may refuse to perform such maintenance or, upon thirty (30) days prior written notice to the customer, discontinue such maintenance. Replacement of lamps and photoelectric controls necessitated by damage caused by vandalism or willful abuse are not within the scope of routine replacement, and the customer in all such cases shall be responsible for the costs of such replacement(s). The customer shall be responsible for all maintenance other than OPS-supplied replacement of lamps and photoelectric controls.

(4)Where the OPS is to supply the lighting fixture(s) and corresponding poles for rental by the customer, the customer may select from the fixtures and poles that OPS makes available, as listed in subsection (d)(2) below. The customer should note that all combinations of fixtures and poles are available; the customer must select compatible fixtures and poles.

(5)Where the customer rents lighting fixtures and poles from OPS, OPS shall, at no additional cost to the customer, provide all normal maintenance for the facilities; provided, however, that repairs and replacements necessitated by damage caused by vandalism or willful abuse are not within the scope of normal maintenance, and in all such cases, OPS shall perform such repairs and replacements at the customer’s expense.

(6) Except as determined otherwise by OPS at its sole discretion, OPS shall perform repairs, replacements and other maintenance hereunder only during regular daytime working hours, as soon as practical after OPS receives notification by the customer of the need for such repairs, replacements, and other maintenance.

(7) Notwithstanding subsection (c)(4) above, OPS may, at its sole discretion, acquire and supply for rental fixtures and poles not listed in subsection (d)(2)  herein, in which case such fixtures and poles shall be “additional facilities,” to which the provisions of subsection (d)(3) below shall apply.

(8) In the event that installation of service for the customer requires facilities and installation work not normally supplied by OPS and OPS agrees to supply such facilities and installation work, they shall be “additional facilities,” to which the provisions of subsection (d)(3) below shall apply. Additional facilities include, but are not limited to, additional poles, underground conductors, additional lengths of overhead conductors, and trenching for the installation of underground conductors.

(d) Monthly rates and charges.

(1) For Service to Customer-Supplied Equipment.

The monthly charge for service to customer-owned lighting facilities shall be the charge set forth in the following table for the type of lamp(s) owned by the customer:

For Service to Customer Supplied Equipment

(2) For Service to OPS-Supplied Equipment.

Where OPS supplies luminaries and/or poles of the types it normally has available, the monthly charges shall be determined pursuant to this subsection.

a. For Non-Decorative Luminaries.

For non-decorative luminaries provided by OPS, the monthly charge for each such luminary (which includes charges for electric service and for luminaries and lamps) shall be the charge for that type of luminary set forth in the following table:

For Non-Decorative Luminaries

The foregoing charges do not include charges for OPS-supplied poles. When OPS provides a luminaire of the type shown in the foregoing table, the charge or charges for associated pole or poles set forth in subsection (d)(2)c shall apply in addition to the charges set forth above.

b. For Decorative Luminaries.

For decorative luminaries provided by OPS, the monthly charge for each such luminary (which includes charges for electric service and for luminaries and lamps) shall be the charge for that type of luminary set forth in the following table:

For Decorative LuminariesThe foregoing charges do not include charges for OPS-supplied poles. When OPS provides a luminaire of the type shown in the foregoing table, the charge or charges for associated pole or poles set forth in subsection (d)(2)c shall apply in addition to the charges set forth above.

c. Pole Rental Fees.

For each pole supplied by OPS for the mounting of a luminaire, the monthly charge shall be that set forth in the following table for the length and type of pole:

Pole Rental Fees

*These types of poles are no longer available for new installations; the prices shown are for existing installations only.

(3) Additional Facilities Charges.

a. When OPS supplies additional facilities hereunder, except as provided in subsection b. below, the customer shall pay, in addition to all other amounts due hereunder, a monthly additional facilities charge, which shall be the sum of (i) a monthly rental charge, which shall be equal to the greater of (a) three (3.0) percent of the total estimated cost (including installation costs) of the additional facilities, and (b) one dollar ($1.00), plus (ii) an amount, reasonably determined by OPS, reflecting the cost of electric energy, if any, used by the additional facilities.

b. The customer may elect to pay the costs of additional facilities, other than energy-related costs, in a single lump-sum payment at the time of their installation, instead of paying a monthly rental charge related to those facilities pursuant to subsection a. above.

(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. 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 the Code of Ordinances of the City regarding delinquent payment and non-payment.

(f) Terms and Conditions.

(1) OPS may require the customer to enter into a contract reflecting the terms of this Rate Schedule prior to the initiation of service hereunder and establishing a minimum term of service. For installations having three (3) or more poles, such a contract shall be required, and such contract shall have a minimum term of three (3) years and shall continue in effect thereafter until terminated by the customer or by OPS with at least thirty (30) days’ prior written notice. OPS may, at its option, require an advance lump-sum payment by the customer equal to one-half (1/2) of the total estimated charges over the term of the customer’s contract. The director of OPS, or his designee, is authorized to execute such contracts on behalf of the City.

(2) 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.

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

(4) This rate schedule shall be effective for bills rendered on and after December 15, 2014 and supersedes all previous rates schedules previously applicable service to the customer.

Section 6.  References to Opelika Light & Power changed to Opelika Power Services.  Whenever in Chapter 28 reference is made to Opelika Light & Power Department, Opelika Light & Power, Light & Power Department, or similar term, the same shall be construed to mean Opelika Power Services.  It shall be noted that the City Council changed the name of the Opelika Light & Power Department to Opelika Power Services.

Section 7.   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 8.  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 9.  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 10.   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 11.  Publication.  The City Clerk of the City of Opelika is hereby authorized and directed to cause a copy of this Ordinance to be published in a newspaper of general circulation in the City of Opelika, Alabama.

ADOPTED AND APPROVED this the 2nd day of December, 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 3rd day of December, 2014.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 3rd day of December, 2014.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 12/5/14

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