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2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ITEM #5 ORDINANCE NO. 0-23-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING EXISTING ELECTRIC RATES AND CHARGES AND CREATING A NEW ELECTRIC RATE WHEREAS, the City Council has the authority to prescribe, revise and collect charges for the services and facilities furnished by the electric energy enterprise within the Colton Electric Utility ("Utility") and to otherwise amend, fix and/or establish the rates to be charged for the sale of electric energy, as well as all other deposits and charges in connection therewith (such charges are collectively referred to herein as 'Rate" or `Rates"); and WHEREAS, the City Council has previously adopted electric Rates for customers in the City pursuant to Ordinance No. _ and the exhibits attached thereto; and WHEREAS, by way of this Ordinance, the City Council now desires to amend the Rates as set forth and described in the exhibits to Ordinance _ and the exhibits thereto, to create a new time -of -use electric rate, known as LGS TOU-1, for large commercial customers with significant off-peak and mid -peak electric energy consumption, and to increase the minimum monthly charge for residential electric customers; WHEREAS, a notice of public hearing on the proposed adoption of this Ordinance was published in , a newspaper published and circulated in the City of Colton, once each week for two (2) consecutive weeks prior to the public hearing on the following dates: 2005, and 2005; and WHEREAS, the revised Rates, new Rate, and increased charge contained in this Ordinance have been available for public review in the Office of the City Clerk for two weeks prior to the public hearing on this Ordinance. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. A public hearing was held on December 6, 2005, to consider further amending the exhibits to Ordinance _ to revise the existing electric Rates, create a new Rate, and increase the minimum charge for residential customers. During said public hearing, all interested persons, including without limitation, all persons owning property within the boundaries of the City, were given the opportunity to appear and present evidence and testimony concerning any matter relating to this Ordinance, the proposed amended and newly -established Rates, and new charge. SECTION 2. The City hereby determines that: (a) the proposed new Rate, amended Rates, and increased charge are not discriminatory or excessive; (b) the proposed new Rate, amended Rates, and increased charge will be sufficient to pay any amounts required under any bonded indebtedness pursuant to Government Code Section 54515; (c) the proposed new Rate, amended Rates, and increased charge will comply with the Revenue Bond Law of 1941; (d) the proposed new Rate, amended Rates, and increased charge will be sufficient under the provisions or covenants of any outstanding revenue bonds of the City payable from the revenues of the electric energy enterprise; and (e) the proposed new Rate, amended Rates, anc increased charge will be in compliance with the applicable law. -1-