HomeMy WebLinkAbout1184 - Notice Requirements of Proposed Utility Rate Change1
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ORDINANCE NO. 1184
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION
3951 OF ARTICLE 1 TO CHAPTER 6 IN DIVISION 4 OF THE UKIAH CITY CODE,
REGARDING THE REQUIREMENTS FOR NOTICE OF A PROPOSED UTILITY RATE
CHANGE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Section 3951 of Article 1, Chapter 6, of Division 4 of the Ukiah City Code are hereby
amended to read as follows (unchanged text is omitted and is shown by "* * *"):
§3951 RATES AFFECTED BY THIS CHAPTER
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A. Electric Service Rate Schedules: Provided, however, P.G.&E. fuel cost adjustments
as approved by the California State Public Utilities Commission for retail rates shall be
adopted without adherence to notice requirements and public hearing procedures as set
forth in §§3953, 3954, 3956 and 3957 of this Article. City shall, by administrative action,
pass such fuel cost adjustments on- to the electric service users as they shall occur.
B. Garbage rate schedules consisting of franchise fees and sanitary land fill and
transfer station site fees as applicable.
C. Nothing contained in this Article shall prohibit the City from authorizing automatic
adjustments of fees subject to this Article or payments to a contractor as defined in
§4406 of this Code by reference to the United States Department of Labor's consumer
price index or a similar commonly accepted cost of living index. The City Council shall
not adopt such an automatic increase without first complying with the procedures
contained in this Article. No such automatic increase shall remain in effect for longer
than a five (5) year period, unless the rate is subject to review and revision in
accordance with the procedures contained in this Article not less often than every five (5)
years.
D. Utility fees, charges, and rates charged for a Property Related Service as defined
in Article XIII.D §2 of the California Constitution shall be adjusted in accordance with the
procedures required by Article XIII D, Section 6 and Article 4.6, commencing with
Section 53750 of Division 2, Part 1, Chapter 4 of the Government Code, as amended.
SECTION TWO.
1. Severability: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of
the Ordinance. The City Council of the City of Ukiah hereby declares that it would have
passed this Ordinance and each section, subsection, sentence, clause and phrase
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thereof irrespective of the fact that one or more sections, subsections, sentences,
clauses or phrases may be held invalid or unconstitutional.
2. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be
published once in a newspaper of general circulation in the City of Ukiah. In lieu of
publishing the full text of the Ordinance, the City may publish a summary of the
Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its
adoption.
3. Effective Date: The ordinance shall become effective thirty (30) days after its
adoption.
Introduced by title only on November 1, 2017, by the following roll call vote:
AYES: Councilmembers Scalmanini, Crane, Mulheren, Doble, and Mayor Brown
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on November 15, 2017 by the following roll call vote:
AYES: Councilmembers Scalmanini, Crane, Mulheren, Doble, and Mayor Brown
NOES: None
ABSENT: None
ABSTAIN None
Jim
/
ATTEST:
Brown, Mayor
NC)
Kristine Lawler, City Clerk
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