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HomeMy WebLinkAbout1035 ORDINANCE NO. 1035 ORDINANCE OF THE CiTY COUNCIL OF THE CiTY OF UKIAH ADDI'NG ARTTCLE 6 TO CHAPTER 7 OF DiViSiON 4 OF THE UICTAH CTTY CODE ESTABLISHI'NG SPECIAL RULES FOR ELECTRICAL SERVICE TO "HARD TO SERVE AREAS" The City Council of the City of Ukiah hereby ordains as follows. SECTI~ON ONE. FTNDI'NGS. The City Council of the City of Ukiah finds: 1. The City of Ukiah has received requests to extend its electric utility to portions of the City not currently served. 2. Some of these areas, such as unserved portions of the western hills, present unique difficulties in constructing or in maintaining and repairing distribution lines and related facilities due to physical conditions, such as steep terrain, heavy vegetation, and limited access. 3. The City Council finds that the expense of constructing and maintaining electric service to these areas should not be borne by all customers of the City's electric utility, but rather should be borne by the customers who have chosen to develop property in these areas. SECTION TWO. ORDTNANCE A new Article 6 is hereby added to Chapter 7 of Division 4 of the Ukiah City Code to read as follows: ARTtCLE 6. HARD TO SERVE AREAS 4070: "HARD TO SERVE AREAS" DEFINED: "Hard to Serve Area" means a geographic area within the City limits or an area outside the City limits served or proposed to be served by the City's electric utility in which the City Manager or his or her designee has determined, in the exercise of his or her discretion, that physical conditions make the extension, maintenance, repair or replacement of electrical distribution lines and related facilities unusually difficult or expensive. 4071: RIGHT TO REFUSE ELECTRIC SERVICE TO OR TO iMPOSE CONDtTtONS ON THE EXTENSION OF ELECTRIC SERVICE TO HARD TO SERVE AREAS: Ordinance 1035 Page 1 of 3 The City shall have the right to refuse to extend electric service to Hard to Serve Areas. The City may impose reasonable conditions on the extension of electric service to Hard to Serve Areas, including, but not limited to, the agreement of the applicant or applicants for electric service to: construct, own, maintain, repair and replace electrical distribution lines and related facilities, such as conduit, trenches, vaults, switches, poles and transformers; indemnify, defend and hold the City harmless from any expense or liability arising from the use of designated electrical distribution lines and related facilities for which the applicant or applicants assume responsibility under this Section 4071; design and construct electrical distribution lines and related facilities in accordance with specifications prescribed by the City, including, but not limited to, specifications that insure that all electrical service to a service location or structure will be accurately metered; provide arrangements and assurances, satisfactory to the City Manager or his or her designee, that the electrical distribution lines and related facilities will be adequately maintained to provide safe and reliable transmission of electrical energy to the customers served by said facilities and will not create an unreasonable risk of damage to the City's electric system or the general public; and provide the City with access to all electrical distribution lines and related facilities, and to all electric meters for purposes of inspection, meter reading or termination of electric service. Section 4072: WRTn'EN AGREEHENT REQUZRED OF APPLZCANTS FOR SERVICE IN HARD TO SERVE AREAS: The City Manager or his or designee may require an applicant or applicants for service in Hard to Serve Areas to sign a written agreement in recordable form setting forth the terms as authorized by this Article. The City may refuse to provide service until the agreement in the required form has been executed and recorded in the Official Records of Mendocino County. 4073: APPLICATION OF ART]'CLE: This Article 6 shall apply to any request for service to Hard to Serve Areas not already receiving electric service from the City's electric utility on the effective date of this Article 6. Ordinance 1035 Page 2 of 3 SECTION THREE. PUBLTCATION AND EFFECTIVE DATE. This Ordinance shall be published as required by law and shall become effective 30 days after it is adopted. This Ordinance was introduced by title only at a regular City Council meeting on March 6, 2002, by the following roll call note. AYES: NOES: ABSTAIN: ABSENT: AYES: NOES: ABSTAIN: ABSENT: A -I-TEST: Councilmembers Smith, Libby, and Mayor Ashiku Councilmembers Larson and Baldwin None None This Ordinance was adopted on March 20, 2002, by the following roll call vote: Councilmembers Smith, Libby, Baldwin, and Mayor Ashiku Councilmember Larson None None Marie Ulvila, City Clerk Phillip AJ'hiku, Mayor Ordinance 1035 Page 3 of 3