Chapter 17.16
ELECTRIC UTILITY PRIVILEGES

Sections:

17.16.010    Purpose and specific privity.

17.16.020    Emergency curtailment.

17.16.030    Development fees.

17.16.040    Definitions.

17.16.050    Decrease or loss of electric utility privileges.

17.16.060    Fees added to monthly bills.

17.16.070    Restriction or termination of service.

17.16.080    Electric utility privilege not transferable.

17.16.090    Privatization of new electric service.

17.16.100    Privatization of existing electric service.

17.16.010 Purpose and specific privity.

The purpose of the provisions of this chapter is to define the limits under described circumstances of the privilege of using electric service supplied by the City and to define the limits of subsequent electric development fees assessed for the privilege of using said electric service. Electric development fees are required to provide necessary electric system capacity expansion. Nothing herein contained shall be construed or interpreted to create or bestow any right to the use of electric service supplied by the City.

If language in this chapter is contrary to, is contradictory with, or creates an ambiguity in Chapter 17.08 or 17.12 HMC, then the specific language of this chapter is to take precedence over the other. (Ord. 864 § 1, 1991. Code 1964 § 17C-1.)

17.16.020 Emergency curtailment.

Notwithstanding any other provisions of any provision of Chapter 17.08 HMC or of this chapter, the City reserves the right in times of shortages or emergencies of any kind to curtail or ration the use of electric service and to allocate and prioritize the use of electric service among classes of subscribers and within classes of subscribers. (Ord. 864 § 1, 1991. Code 1964 § 17C-2.)

17.16.030 Development fees.

A.    Assessment of Electric Development Fees. Electric development fees shall be assessed both for new development for initial connection to the City’s electric system and for subsequent electric service upgrades of new development and existing development as pursuant to provisions of this chapter.

B.    Determination of Electric Development Fees. Determination of electric development fees shall be established by resolution.

C.    Funding In Lieu of Commercial and Industrial Development Fees. Incidental to the partial elimination of electrical development fees for commercial and industrial development, the City will reduce the discount on the service charge to commercial and industrial accounts by two percent (from seven percent to five percent) and reserve resulting incremental revenues for capacity expansion of the electric system. Such revenues and the use thereof shall be accounted for separately and apart from electrical development fees. (Ord. 864 § 1, 1991. Code 1964 § 17C-3.)

17.16.040 Definitions.

A.    Electric Privileges.

1.    New Electric Privilege (N.E.P.). For the purposes of determining electric development fees for new development for initial connection to the City’s electric system and for subsequent electric service upgrades of new developments and existing developments:

    N.E.P. = Schedule (17C) El

2.    Existing Electric Privilege (E.E.P.). For the purposes of determining electric development fees for subsequent electric service upgrades of new developments and existing developments:

    E.E.P. = Schedule (17C) E1

    Existing service after February 20, 1991.

    E.E.P. = Schedule (17C) E2

    Existing service after August 1, 1983, and prior to February 20, 1991.

    E.E.P. = Schedule (17C) E3

    Existing service predating August 1, 1983, or no fees were collected.

    E.E.P. = 0

    For new development.

B.    Quantum of Electric Privileges (Q.E.P.). For the purposes of determining electric development fees, a Quantum of Electric Privileges (Q.E.P.) shall be defined as follows:

1.    Residential.

    Q.E.P. = (1.40) (N.E.P. – E.E.P.)

2.    Commercial/Industrial.

    Q.E.P. = (1.96) (N.E.P. – E.E.P.)

(Ord. 864 § 1, 1991. Code 1964 § 17C-4.)

17.16.050 Decrease or loss of electric utility privileges.

The privilege of using electric service supplied by the City shall remain intact at quantities pursuant to this chapter until the use of said electric service changes as follows:

A.    Termination or Removal of Electric Service. If said electric service has been terminated or disconnected for a period of time exceeding 24 months, all electric privileges, as classified and defined pursuant to this chapter, shall thence equal zero.

B.    Industrial or Commercial Vacancy. If the property for which said electric service has been provided lies vacant for a period of time exceeding 24 months, by a failure of an occupant business maintaining a valid City business license within said property for said period of time, existing electric privileges shall thence be as so determined pursuant to Schedule (17C)E3, Section 3, attached to the ordinance codified in this chapter. (Ord. 864 § 1, 1991. Code 1964 § 17C-5.)

17.16.060 Fees added to monthly bills.

At its option the City may add all or any part of an overdue electric fee to the monthly service bill. (Ord. 864 § 1, 1991. Code 1964 § 17C-6.)

17.16.070 Restriction or termination of service.

If the occupant business and/or property owner fails to either make cash payment or arrange for deferred payment for electric fees to the satisfaction of the City, the City shall have the right to restrict or terminate said electric service of the occupant business or pursue any other remedy permitted by law. (Ord. 864 § 1, 1991. Code 1964 § 17C-7.)

17.16.080 Electric utility privilege not transferable.

The privilege to use a quantity of electric service as determined pursuant to this chapter shall be vested in and remain with the property to which the service has been provided. (Ord. 864 § 1, 1991. Code 1964 § 17C-8.)

17.16.090 Privatization of new electric service.1

(Ord. 864 § 1, 1991. Code 1964 § 17C-9.)

17.16.100 Privatization of existing electric service.

In order to conform and standardize to HMC 17.08.300(C), existing electric service shall be privatized as follows:

Underground Electric Service Only. All commercial/industrial underground services that transgress through or over buildings shall become the responsibility of the developer or the subsequent development’s owner as defined per HMC 17.08.300(C)(2)(b). (Ord. 864 § 1, 1991. Code 1964 § 17C-10.)


1

Code revisor’s note: This section has been codified as HMC 17.08.300(C) to avoid duplication.