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HomeMy WebLinkAbout154 - 11/18/2003 - AMENDING THE CITY CODE RELATING TO RATES AND CHARGES FOR ELECTRIC SERVICE ORDINANCE NO. 154, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26, ARTICLE VI,DIVISION 4 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO RATES AND CHARGES FOR ELECTRIC SERVICE WHEREAS,the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs,expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the City Manager has recommended to the City Council that the following adjustments for the rates for electric service for all billings issued on or after January 1, 2004; and WHEREAS, the City Manager has recommended to the City Council that the following development fees be implemented for all billings issued on or after January 1, 2004. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That paragraphs (c), (f) and(h)of Section 26-464 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-464. Residential energy service,schedule R. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: Three dollars and sixty-nine cents ($3.69). (2) Demand charge, per kilowatt-hour: Two and fifty-five one- hundredths cents ( $0.0255). (3) Distribution facilities charge,per kilowatt-hour: One and fifty-six one-hundredths cents ( $0.0156). (4) Energy charge, per kilowatt-hour: One and sixty-four one- hundredths cents ( $0.0164). (5) In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (f) Service charge. Service charges and connection fees shall be asset forth §26-712(b). (h) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association(PVREA)shall be charged for each service in areas annexed into the city after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the city of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service.For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Section. Section 2. That paragraphs (c), (f), (g) and(I)of Section 26-465 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. (c) Monthly rate. The monthly rates are as follows: (1) Fixed charge, per account: Six dollars and eight cents ($6.08). (2) Demand charge,per kilowatt: Three dollars and seventy-two cents ($3.72). (3) Distribution facilities charge, per kilowatt-hour: One and twelve one-hundredths cents ($0.0112). (4) Energy charge, per kilowatt-hour: One and sixty-four one- hundredths cents ($0.0164). 2 (5) In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of monthly service charges billed pursuant to this Section. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The monthly standby distribution charge shall be one dollar and twenty-one cents($1.21)per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be three dollars and sixty-three cents ($3.63)per kilowatt. (2) In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset.The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (g) Service charge. Service charges and connection fees shall be asset forth §26-712(b). (i) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association(PVREA)shall be charged for each service in areas annexed into the city after April 22, 1989,if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the city of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service.For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Section. 3 Section 3. That paragraphs (c), (f), (g) and 0)of Section 26-466 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-466. General service,schedule GS. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: a. Single-phase,two-hundred-ampere service: Two dollars and eighty-four cents ($2.84). b. Single-phase, above two-hundred-ampere service: Seven dollars and forty-six cents ($7.46). C. Three-phase, two-hundred-ampere service: Four dollars and sixty-one cents ($4.61). d. Three-phase, above two-hundred-ampere service: Eight dollars and seventy-three cents ($8.73). (2) Demand charge,per kilowatt-hour: a. First two thousand(2,000) kilowatt-hours: Three and sixty- seven one-hundredths cents ($0.0367). b. Next five thousand(5,000)kilowatt-hours:One and seventy- three one-hundredths cents ($0.0173). C. All additional kilowatt-hours: Zero ($0.00). (3) Demand charge, per kilowatt: a. All kilowatts billed in excess of twenty-five (25) kilowatts: Six dollars and forty-one cents ($6.41). (4) Distribution facilities charge,per kilowatt-hour:One and forty-two one-hundredths cents ($0.0142). (5) Energy charge, per kilowatt-hour: One and sixty-four one- hundredths cents ( $0.0164). 4 (6) In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The monthly standby distribution charge shall be two dollars and fifty-five cents ($2.55)per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge.For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be seven dollars and sixty-five cents ($7.65)per kilowatt. (2) In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (g) Service charge. Service charges and connection fees shall be asset forth §26-712(b). 0) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association(PVREA)shall be charged for each service in areas annexed into the city after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the city of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service.For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Section. 5 Section 4. That paragraphs (c), (f), (g) and(1) of Section 26-467 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-467. General service 50, schedule GS50. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: Twenty-five dollars and zero cents ($25.00). An additional charge of twenty dollars and zero cents ($20.00)may be assessed if telephone communication service is not provided by the customer. (2) Coincident demand charge,per kilowatt: Eleven dollars and sixty two cents ($11.62) but not less than one cent ($.01) per kilowatt hour. (3) Distribution facilities demand charge, per kilowatt: Four dollars and thirty-one cents ($4.31). (4) Energy charge, per kilowatt-hour: One and sixty-four one- hundredths cents ($0.0164). (5) In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The monthly standby distribution charge shall be three dollars and sixty-two cents($3.62)per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge.For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be ten dollars and eighty-six cents ( $10.86)per kilowatt. (2) In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month 6 and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (g) Service charge. Service charges and connection fees shall be asset forth §26-712(b). (1) Service rights fees in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association(PVREA)shall be charged for each service in areas annexed into the city after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the city of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service.For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Section. Section 5. That paragraphs (c), (f), (g) and (m) of Section 26-468 of the Code of the City of Fort Collins are hereby amended to read as follows: 7 Sec. 26-468. General service 750, schedule GS750. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: Thirty dollars and sixty cents ($30.60). a. Additional charge for each additional metering point: Twenty-five dollars and ninety-two cents ($25.92). b. An additional charge of twenty dollars and zero cents ($20.00)for each metering point may be assessed if telephone communication service is not provided by the customer. (2) Coincident demand charge,per kilowatt: Eleven dollars and forty- four cents ($11.44)but not less than one cent($0.01)per kilowatt- hour. (3) Distribution facilities demand charge,per kilowatt: a. First seven hundred and fifty kilowatts: Four dollars and twenty-five cents ($4.25). b. All additional kilowatts: Two dollars and ninety-one cents ($2.91). (4) Energy charge, per kilowatt-hour: One and sixty-two one- hundredths cents ($0.0162). (5) In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The monthly standby distribution charge shall be two dollars and eighty-four cents($2.84)per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge.For all metered kilowatts in excess of the contracted amount, the 8 standby distribution charge shall be eight dollars and fifty-two cents ($8.52) per kilowatt. (2) In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (g) Service charge. Service charges and connection fees shall be asset forth §26-712(b). (m) Service rights fees in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association(PVREA)shall be charged for each service in areas annexed into the city after April 22, 1989,if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the city of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service.For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Section. Section 6. That paragraphs(b)and(c)of Section 26-469 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-469. Special area floodlighting, schedule FL. (b) Monthly rate. The monthly rates (including a six and zero-tenths (6.0)percent charge in lieu of taxes and franchise) are as follows: (1) Charge per lamp, mercury vapor: a. One-hundred-seventy-five-watt: Fifteen dollars and thirty- eight cents ($15.38). 9 b. Two-hundred-fifty-watt: Eighteen dollars and eight cents ($18.08). C. Four-hundred-watt: Twenty-three dollars and sixty-three cents ($23.63). (2) Charge per lamp, high-pressure sodium: a. Seventy-watt: Six dollars and fifty cents ($6.50). b. One-hundred-watt: Nine dollars and twenty cents ($9.20). C. One-hundred-fifty-watt: Fourteen dollars and fifty-six cents ($14.56). d. Two-hundred-fifty-watt: Eighteen dollars and fifty cents ($18.50). e. Four-hundred-watt: Twenty-four dollars and thirty seven cents ($24.37). (c) Service charge. Service charges and connection fees shall be asset forth §26-712(b). Section 7. That paragraph Section 26-470(c) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-470. Traffic signal service,schedule T. (c) Monthly rate. The monthly rates (including a six and zero-tenths (6.0) percent charge in lieu of taxes and franchise) are as follows: (1) Fixed charge, per account: Forty-nine dollars and fifty-one cents ($49.51). (2) Charge, per kilowatt-hour: Four and forty-two one-hundredths cents ($0.0442). (3) Equipment rental charges, when applicable, will be determined by cost analysis by the utility. Service extensions and signal installations made by the utility shall be paid for by the city general fund, subject to material and installation costs at the time of installation. 10 Section 8. That the title of Division 4 of Article VI of Chapter 26 of the Code of the City of Fort Collins is hereby renamed to read as follows: DIVISION V. RATES, FEES AND CHARGES Section 9. That Section 26-462 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-462. Determination of rates,fees and charges. The City Council finds and determines that the proposed rates, fees and charges to be charged and collected by the city are reasonable.The schedule of rates, fees and charges is hereinafter set forth and adopted as the lawful amounts for the city to charge and collect from customers within and without the corporate limits of the city for electricity and related services furnished to the consumers connected to the city electric distributing system in accordance with the terms and provisions of the schedule of rates hereinafter set forth in this Division together with such general rules and regulations on file with the City Clerk as shall be from time to time adopted by the city, which rules and regulations shall govern and control in all respects in rendering service and charging and collecting rates, fees and charges for the sale of all electrical energy and related services; and said schedule is hereby accepted and adopted as controlling in the matter of the electrical service to be rendered until further modified by the City Council. Section 10. That Section 26-471 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec. 26-471. Electric development fees and charges. (a) Any person desiring to connect to the city's electric distribution system,or to construct any structure to be served by said electric distribution system, shall pay the utility all applicable electric development fees and charges as described in this Division prior to said connection, whether such connection or the property served is inside or outside of the corporate limits of the city, in addition to any other applicable fees and charges described in this Article. Said development fees shall consist of an Electric Capacity Fee ("ECF") to recover the allocated cost of the electric distribution system attributable to the new service requested and a Building Site Charge("BSC") to recover the cost of installing on-site electric service facilities to the user's side of the point of delivery. (b) The ECF shall be based upon and used to defray growth related capital expansion costs of substations and distribution infrastructure and related facilities, and actual costs that have been or will be incurred by the tt utility to plan and provide service loads to new development, as more specifically described in this Division. These costs shall include the cost of labor and materials to install substation transformers, distribution transformers, primary cable, vaults, conduit, connections, switches, fuses, circuit breakers, and other infrastructure. The ECF shall vary with the electrical capacity requirements, lot size, and lineal feet of dedicated roadway,and shall be based on the actual cost of construction of any required off-site improvements. The parameters and rates shall be codified and periodically adjusted by the City Council to reflect actual costs. (c) No user of city electric service shall make any changes or additions to the property served that would significantly affect the nature or quantity of service used without the consent of the electric utility or without payment of all development fees and charges associated with such changes or additions. Such changes shall include,but need not be limited to,an increase in electrical capacity, an increase in the number of dwelling units or lot area to be served or change in use of the property. (d) In the case of modification or replacement of existing service, the utility shall take into account the current value of the existing system capacity in determining the new ECF due from the user. No cash refund shall be paid to any electric user whose allowable credit exceeds the new development fees and charges nor to any electric user who obtains permission to decrease demand for service. The credits prescribed in this Subsection are not transferable and shall apply only to the property served by the existing electric line and only to development fees and charges and not other utility fees and charges. Section 11. That a new Section 26-472 of the Code of the City of Fort Collins is hereby added to read as follows: Sec. 26-472. Residential electric development fees and charges. (a) An Electric Capacity Fee ("EC)?') shall be paid for service to a single-family or multi-family residential building as set forth in this Section. The user shall not be responsible for actual construction of electric distribution system infrastructure, but shall be required to pay the costs of such construction.The amount of ECF for a new residential service shall be calculated as of the date of invoicing by the utility, and shall be based upon the then applicable rates and estimated costs of construction. No less than fifty(50)percent of the calculated ECF shall be paid prior to the scheduling of any construction work required to provide said service. If the initial fifty (50) percent is not paid within sixty(60) days of the date of the invoice, the invoice shall no longer be valid and may be reissued at the current rate as of the reissuance date. Upon completion of construction required to provide 12 said new service, any remaining ECF amounts due, including any adjustments to reflect the then current rates and actual costs of construction, shall be paid to the utility prior to the provision of electric service. (b) The ECF shall be the total of the site footage charge, dwelling charge, and systems modification charge, to be determined as follows: (1) The site footage charge shall be the combined total of: a. Three and three hundred ninety-five one thousandths cents ($0.03395) per square foot of developed site square footage, including all applicable tracts but excluding the area of dedicated public rights-of-way; and b. Seven dollars and twenty-four cents($7.24)per lineal foot of the developed site abutting a dedicated street or roadway. (2) The dwelling unit charge shall be as follows: a. for single family panel size with one hundred fifty(150)amp service (non-electric heat) eight hundred ninety-one dollars ($891.) per dwelling unit; b. for single family panel size with two hundred (200) amp service (non-electric heat or electric heat) one thousand five hundred seventy-two dollars ($1,572.)per dwelling unit; C. for multi-family panel size with one hundred fifty(150) amp service (non-electric heat) six hundred twenty-five dollars ($625.) per dwelling unit; d. for multi-family panel size with two hundred (200) amp service(non-electric heat or electric heat)one thousand forty- nine dollars ($1,049.)per dwelling unit. (3) A system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF. (c) A Building Site Charge ("BSC") for any new or modified residential service shall be paid prior to issuance of a building permit for the related construction or modification. The BSC shall be based upon the current rates as of the time of issuance of the building permit. The BSC shall 13 be the total of the secondary service charges, and any additional charges, determined as follows: (1) The secondary service charge shall be as follows: Secondary Service Charge Plus Per Foot Charge Size (up to 65 feet) For each Foot Over 65 1/0 service $413.00 $3.44/Foot 4/0 service $556.00 $4.02/Foot 350 kCM Service $606.00 $4.08/Foot 1/0 Mobile Home Service $310.00 N/A 4/0 Mobile Home Service $435.00 N/A (2) Actual special costs to the utility of installation of secondary service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement. Section 12. That a new section 26-473 of the Code of the City of Fort Collins is hereby added to read as follows: Sec. 26-473. Nonresidential electric development fees and charges. (a) An Electric Capacity Fee ("ECF") shall be paid for service to any nonresidential building,structure or other facility,as set forth in this Section. The user shall not be responsible for actual construction of primary electric distribution system infrastructure, but shall be required to pay the costs of such construction. The customer shall be responsible for secondary service installation from the point of delivery to the service panel. The amount of ECF for a new nonresidential service shall be calculated as of the date of invoicing by the utility,and shall be based upon the then applicable rates and estimated costs of construction. No less than fifty (50) percent of the calculated ECF shall be paid prior to the scheduling of any construction work required to provide said service. If the initial fifty (50) percent is not paid within sixty (60) days of the date of the invoice, the invoice shall no longer be valid and may be reissued at the current rate as of the reissuance date. Upon completion of construction required to provide said new service, any remaining ECF amounts due, including any adjustments to reflect the then current rates and actual costs of construction,shall be paid to the utility prior to the provision of electric service. The general manager of the utility may provide for alternate arrangements for a single, one hundred (100) percent payment of the ECF for a nonresidential project in the event that the general manager of the utility determines that the utility's costs cannot be accurately estimated in advance, provided that any amount due shall be secured by a 14 written commitment and shall be paid prior to the provision of any electric service. (b) The ECF shall be the total of the site footage charge, service entrance charge, and systems modification charge, to be determined as follows: (1) The site footage charge shall be the combined total of: a. Three and three hundred ninety-five one thousandths cents ($0.03395)per square foot of developed site square footage, including all applicable tracts but excluding the area of dedicated public rights-of-way; and b. Twenty-six dollars and twenty-seven cents($26.27)per lineal foot of the developed site abutting a dedicated street or roadway. (2) The service entrance charge shall be as follows: a. for single phase service at two hundred eight(208) volts, six hundred twenty-four dollars and ninety cents ($624.90) per one hundred (100) amps; b. for single phase service at two hundred forty (240) volts, seven hundred twenty-one dollars and four cents ($721.04) per one hundred (100) amps; C. for three-phase service at two hundred eight (208)volts, one thousand eighty-two dollars and thirty-three cents($1,082.33) per one hundred (100) amps; d. for three-phase service at two hundred forty(240) volts, one thousand two hundred forty-eight dollars and eighty-four cents ($1,248.84)per one hundred (100) amps; e. for three-phase service at four hundred eighty(480)volts,two thousand four hundred ninety-seven dollars and sixty-nine cents ($2,497.69)per one hundred (100) amps. (3) A system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF. 15 (c) A Building Site Charge("BSC")for extending primary circuitry to the transformer for any new or modified nonresidential service shall be invoiced and paid in the same manner and at the same time as the ECF is invoiced and paid pursuant to § 26-473(a). The BSC shall be the total of the primary circuit charge, transformer installation charge and any additional charges, determined as follows: (1) The primary circuit charge for service from the utility source to the transformer shall be as follows: a. For single-phase service, a charge of six dollars and thirty- two cents ($6.32) per foot of primary circuit; b. For three-phase service, a charge of ten dollars and ninety- one cents ( $10.91)per foot of primary circuit. (2) The transformer installation charge shall be as follows: a. For single-phase service,a charge of one thousand forty-nine dollars and sixty-two cents ($1,049.62) per transformer; b. For three-phase service, a charge of one thousand seven hundred eighty-nine dollars and thirty-two cents ($1,789.32) per transformer. (3) Actual special costs to the utility of installation of service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement. (d) In lieu of the fee structures set out in this Subsection,the ECF and BSC for any new service exceeding five thousand (5,000) kilowatts in size will be determined on a case-by-case basis so as to recover the direct and indirect costs associated with extending primary circuitry to the user's point of delivery. Section 13. That the amendments to Chapter 26 of the City Code set forth herein shall go into effect January 1, 2004, and will be effective on all utility bills for which the electric meter reading is made on or after January 1, 2004,and for all new service for which application is made on or after January 1, 2004. 16 Introduced and considered favorably on first reading,and ordered published this 4th day of November, A.D. 2003, and to be presented for final passage on the 18th day of November, A.D. 2003. Mayo Aj=S T: City Clerk Passed and adopted on final reading this 18th day of Novem A.D. 2003. Mayor ATTEST: 4, City Clerk 17