CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 2. ELECTRIC DEPARTMENT

Provisions relating to contracting for service with the electric department shall be as follows:

(a)   The rates, rules and regulations hereinafter named shall constitute and be considered a part of the contract with every person, company or corporation who is supplied with electrical energy from the electrical system of the electric department of the city and every person, company or corporation, hereinafter called the customer, who accepts and uses electrical energy shall be held to have consented to be bound thereby.

(b)   Any person using electrical energy from the electric department without paying therefor, or who shall be found guilty of breaking the seal of any meter or switch or who shall install wiring, make connections or attach wires or any electrical device or applicant to wires in a manner so that electrical energy may be used without being supplied under the terms of this article, shall be guilty of a misdemeanor and upon conviction shall be fined as provided in section 1-601.

(c)   Any person who shall be found guilty of defacing, injuring or destroying or in any manner limiting the use or availability of any pole, wire, insulator, fixture, lamp, meter or any property of the electric department of the city or who shall place signs on the property of the department without permission, shall upon conviction of such act be fined as provided in section 1-601 of this code.

(d)   All contracts for electrical service for residential use must be made in the name of the head of the household, using the established spelling of that person’s name. Attempts to obtain service by the use of other names, different spellings or by substituting other persons for the householder will be considered a subterfuge and service will be denied. If service has been discontinued because of nonpayment of bills or any unpaid obligations, and service again has been obtained through subterfuge, misrepresentation or fraud that service will be promptly disconnected, and the whole or such part of the security deposit as may be necessary to satisfy the unpaid obligation retained by the city clerk and credited to the proper account.

(Ord. 390, Sec. 1; Code 1994, 17-201)

All applications for electrical service shall be made in writing upon a contract blank furnished by the city. The application shall state fully and truly the purpose for which the services are required. The application shall become a contract binding all parties when accepted by the city administrator.

(Ord. 709, Sec. 2; Ord. 762, Sec. 1; Code 1994, 17-202)

The electric department will run its service wires for electric light or power to the nearest point of the customer’s buildings free of cost where that service is to be permanent service for one year or longer and is within a reasonable distance of the departments supply. No person shall make any connections of or to the department’s wires without authority from the superintendent.

(Ord. 390, Sec. 4; Code 1994, 17-203)

Provisions relating to the payment of bills shall be as follows:

(a)   All bills for electrical energy shall be due on the first day of each month and payable on or before the 15th of the month for services rendered during the preceding month. All bills not paid by the 15th day of the month shall be assessed a penalty of 10 percent of the unpaid balance.

(b)   Failure to receive a bill shall not excuse a customer from his obligation to pay within the time specified. Should the department be unable to bill a customer for energy used during any month, the billing next made shall include the charges for energy used during the unbilled month. A month shall be considered as that period of approximately 30 days, ending when the meter is read.

(Ord. 709, Sec. 3; Ord. 762, Sec. 2; Code 1994, 17-204)

The customer shall be held responsible for any damage done to meters installed on his premises whether such damage is caused either by fire, water, malicious intent or from any other cause except ordinary wear. No customer or other person shall repair or remove any meter or break any seal without the authority from the superintendent, nor tamper with or interfere with the integration of any meter.

(Ord. 390, Sec. 5(1); Code 1994, 17-205)

Employees of the electric department shall have the right to enter upon all premises served by the department for the purpose of reading meters, inspection of meters, connections and wiring in order to ascertain whether or not all electric energy is being properly metered, and for any other purpose that may be necessary to maintain proper service.

(Ord. 390, Sec. 5(2); Code 1994, 17-206)

Provisions relating to meter installation and location shall be as follows:

(a)   All meters shall be installed by the department after the customer has had all wiring done at his expense, such wiring to include service leads, meter loop and all current consuming equipment and appliances connected ready for use.

(b)   All meters shall be located on the outside of the customers’ buildings, excepting such commercial and industrial customers where it may be desirable to the department to designate other locations. Customers’ service leads from the department’s service wires to the meter shall be installed in metal conduit, or shall be of a type of service entrance cable approved by the National Board of Fire Underwriters for that purpose and accepted by the superintendent of the electric department as a satisfactory substitute for the metal conduit. The electric department will furnish, at cost, a suitable metal meter box or meter base to be located not less than five feet nor more than seven feet above the ground. Porches will not be considered as being outside locations.

(c)   The department reserves the right to determine and designate the locations of all electric meters. Any expense incident to changing the location of meters to conform to the requirements of the department shall be borne by the property owner, or the person in whose name service is being supplied. All wiring on the customers’ premises shall be in accordance with the National Electrical Code incorporated by reference in section 4-402 of this code and conform to the established ordinances of this city governing such wiring.

(d)   The department reserves the right to suspend delivery of electric energy at any time without notice for the purpose of making repairs or extensions or for any other reasons and shall be held free and not liable for damages because of such interruption of service. Notice of service suspension will be given when possible or practical so to do.

(e)   The department shall be held blameless and free from liability in cases of damage to property, appliances or materials in the process of manufacture or development because of uncontrollable interruptions of service caused by lighting or voltage surges.

(Ord. 390, Sec. 6; Code 1994, 17-207)

All meters shall remain the property of the department and may be removed from the customers’ premises at any time without notice for the purpose of testing or repairing the same or upon discontinuance of the service. Upon discovery of any unlawful act by any customer, his agent or employee, herein prohibited or upon failure to comply with any of the rules and regulations of the department such service shall be disconnected.

(Ord. 390, Sec. 7; Code 1994, 17-208)

The department shall keep all meters in good repair and proper working condition without cost to the customer, except where the customer is liable as before mentioned. All meters shall be inspected and tested without cost to the customer as often as deemed necessary and sufficient by the supplied to insure their thorough repair and accurate integration. All test of meters are to be made in accordance with the established methods for such test.

(Ord. 390, Sec. 8; Code 1994, 17-209)

In case any meter shall stop or for any reason fail to integrate properly, or upon failure to read the meter, the city clerk may estimate the monthly bill for electric energy. Estimated bills to be based on the average quantity consumed during the preceding three months and the three months of the previous year, one month of which shall be the same as the month under estimation.

(Ord. 390, Sec. 9; Code 1994, 17-210)

Connected load is the combined nominal rated capacity of all the motors, appliances, devices and all other current consuming equipment installed on the consumer’s premises which may at the will of the customer be operated or supplied with energy furnished by the electric department.

(Ord. 390, Sec. 10; Code 1994, 17-211)

When maximum demand is mentioned in any power or lighting schedule or is taken in the· application of any schedule it is to be considered as the amount of power and power transmitting apparatus that must be held by the department available to supply the requirements of that customer. The maximum demand will be determined by taking the number of kilowatt hours of energy supplied during the 30 minutes of greatest use during the month. In no case shall a demand of less than Y2 the connected load be used for billing purposes.

(Ord. 390, Sec. 11; Code 1994, 17-212)

The number of phases, the frequency in cycles and the voltage which will be supplied by the department is specified in each schedule.

(Ord. 390, Sec. 12; Code 1994, 17-213)

(a)   Payment of Electric Costs, Termination. In the event of failure of electrical service customer to pay billings as required in section 15-204, as delinquency and termination notice, prepared as to form by the city clerk, shall be mailed to the customer at the address to which service is supplied, by first-class mail, postage prepaid. Such action shall be deemed to be sufficient and adequate notice to the customer of the delinquency. The notice shall include a statement of the amount due plus penalty provided and notice that service will be terminated unless appropriate action under this section is taken by the customer, and further stating customer’s right to hearing. In the event customer takes no appropriate action within 10 calendar days of the mailing, the city shall disconnect electrical services. In event of such termination, the city shall be absolved of all claims and damages directly or incidentally occurring as a result of service termination, whether suffered by customer or other persons.

(b)   Hearing, Termination. After mailing of the notice of delinquency, it being the understanding and contract between the city and the customer that monthly bills are to be paid when due as per section 15-204, the customer may appear at the city office and request a hearing with the city administrator concerning the cause of delinquency, and, upon this application, these officials may agree to singularly or jointly convene for hearing respecting the delinquency forthwith, or upon a stated future date and to consider only the circumstances germane to the customer’s delinquency and the merits of the customer’s failure in payment. Provided, however, that the authority conferred for purposes of this hearing shall extend only to permit the payment in reasonable installments of the delinquent bill in such amounts as the hearing officer should deem feasible and to the maximum amount of $100.00 and late charges of total utilities due from customer. Provided further, that issues of delinquency based upon claimed inaccuracy of billing or misapplication of payment shall be reserved for hearing before the city council, as hereinafter provided. The hearing official shall consider such issues as effect on health in the event of discontinuance, unforeseen financial hardship and other unforeseen contingencies. Upon an affirmative finding the customer shall be required to execute a written commitment with the hearing officer to comply with the schedule of installments and failure of customer to abide by its terms or to sign the agreement shall be good cause for the city to summarily disconnect service. Provided further, that not more than two schedules of installments shall be permitted within any 12 months period of billings; further delinquency shall be good cause for the city to then summarily disconnect and discontinue service. The city shall be absolved of all claims and damages directly or incidentally occurring as a result of service termination, whether suffered by the customer or other persons, upon good-faith compliance with hearing procedures herein specified.

(c)   Hearing Rights Respecting Claimed Inaccuracy of Billing or Misapplication of Payment. In the event the customer should assert an inaccuracy in billing or misapplication of payment by city employees upon receipt of notice of delinquency, a time and place shall be scheduled for appearance of the customer before the governing body at least five days hence; during the interim thereof, customer’s service shall be continued. At the time and place scheduled for hearing, customer may appear before the council and present such evidence germane to the issues raised, personally or through counsel, and may examine and cross-examine persons presenting evidence; however, formal rules of evidence shall not be followed. Upon hearing the customer’s allegations respecting these matters, the governing body shall have the authority to adjust accounts with the customer, deny relief, or cause such other action as it should deem appropriate satisfaction of the dispute.

(d)   Deposits as a Condition of Service. Each customer, prior to obtaining electrical service, shall make written application at the office of the city clerk, as provided in section 15-202, and the application shall be in prepared form, to include · all relevant personal information concerning applicant’s past history in payment of utility charges in this city or any other communities, including the listing of past addresses and names under which applicant has obtained electrical services for a period of three years last preceding. Any false information supplied in the application shall constitute good cause for summary disconnection of services. The city shall require the sum of $125.00 for each residential utility hookup and $150.00 for each commercial utility hookup, to accompany the application. This deposit shall serve conjointly as electric, water and sewer deposit for these services. A customer applying for utility residential hookup may submit a letter from its last supplier(s) of electrical service covering the past period of time of not less than the 12 prior months verifying that the named applicant has been punctual in payment of all accounts and charges with the service and providing the supplier(s) address and telephone number for city reference; upon verification by city officials the same may serve in lieu of residential cost deposit required by this section. Subsequent customer delinquency shall require posting of a cash deposit for continuance of service. The city may defer acceptance of the applicant as a customer for a reasonable period of time to permit investigation of applicant’s past history of payment as set forth in the submitted application. Provided further, that at the discretion of the city clerk and after investigation of the information contained on the application or in the event application is made by customer for restoration of services, it should appear that a larger deposit than herein specified should be required, the application shall be required to place with the city the required additional deposit. Provided further, at the discretion of the city clerk, the owner of the property to which service is being supplied may be required to commit to payment of the cost of electrical service for an amount and time set by the city as a condition of hookup. At such time as the requirements herein enumerated have been met, applicant shall be a customer for electrical service from the city. The city shall hold customer hookup deposits as security for the payment of bills for services rendered, which fund shall be kept in a separate municipal account with the name of the depositor and the amount of such deposit; the customer deposit shall be subject to draw by the city for the satisfaction of any delinquent service charges of the customer at any time. Interest shall be earned on the customer deposit at the minimum rate determined by the State Corporation Commission through the last day of the calendar year. Interest shall accrue in subsequent years only upon the funds in the hands of the city clerk on the last day of each successive year. Upon termination of service, balance remaining after payment of all utility accounts due city shall be returned to the customer in whose name the deposit is titled. The deposit shall remain as security for the payment of the city’s electrical services, other utility services, as well as any other bona-fide obligation due city from customer, including obligations under section 15-205, until such time as the customer terminates services and makes final settlement with the city. Provided, however, that a customer may make application, to the governing body which shall consider, at its discretion, whether or not refund should be made upon the application. In the event the governing body of the city, after notice to the customer, should require application of the money deposit placed with the city for payment or costs due, the governing body may require an additional cost deposit to be placed by the customer so as to defray the current and future delinquencies.

(Ord. 759, Sec. 2; Ord. 762, Sec. 3; Ord. 782, Sec. 1; Ord. 1003, Sec. 1; Code 2016)

At such time as the customer satisfies deposit security requirements and such other terms as should be established by the city council of reconnect of electrical services after termination for delinquency, there shall be charged a $25.00 reconnection fee.

(Ord. 759, Sec. 2; Code 2016)

No sub-metering shall be permitted except by regular established service companies or municipalities who are established distributors of electrical energy. Energy sold under this article is for the use of the customers and not for resale, excepting that sold to service companies and municipalities.

(Ord. 390, Sec. 14; Code 1994, 17-215)

The provisions and rates relating to the city Residential Lighting Schedule shall be as follows:

(a)   Availability - All territory serviced by the city. For all electric service supplied to one customer through one metering point, and to be used exclusively for domestic purposes. Service is for exclusive use of the customer, and is not to be resold or shared with others. Residential Schedule is not available to residential premises used for commercial purposes; however, if the customer’s wiring is so arranged that electric service for domestic and nondomestic purposes can be metered separately, then residential schedule applies to that portion used for domestic purposes.

(b)   Character of Service: Alternating current, single phase, approximately 60 cycles, and at voltage the city has available for service required.

(Ord. 717; Code 1994, 17-216)

(a)   Monthly Rate: $0.11580 per KWH.

(b)   Base Charge: $9.00 per month. In the event the same customer orders a disconnection or reconnection of electric service at the same premises within a period of twelve (12) months, the City shall collect as a reconnection charge the sum of such minimum bills as would have accrued during the period of disconnection.

(Ord. 1240; Ord. 1240a; Ord. 1260; Code 2016)

The provisions and rates relating to Commercial Schedule shall be as follows:

(a)   Availability - All territory served by the city. For electric service supplied to one customer conducting a gainful enterprise through one meter, and whose usage is less than 6,000 KWH per month (12 month average). Service is for exclusive use of customer, and is not to be resold or shared with others.

(b)   Character of Service: Alternative current, approximately 60 cycles, single phase or three phase, 120-240 volts, 4-wire delta, 120-208 volts, 4 wire wye, 240 volts, 3-wire delta, or at the voltage and phase the city has available for service required.

(Ord. 774; Code 1994, 17-217)

(a)   Monthly Rate:

(1)   $0.11580 per KWH for first 4,000 KWH.

(2)   $0.12000 per KWH for all over 4,000 KWH.

(b)   Base Charge: $9.00 per month. In the event the same customer orders a disconnection or reconnection of electric service at the same premises within a period of twelve (12) months, the City shall collect as a reconnection charge the sum of such minimum bills as would have accrued during the period of disconnection.

(Ord. 1240; Ord. 1240a; Ord. 1260; Code 2016)

(a)   Temporary service means use of electricity for temporary purposes. Services connected for short periods of time, not to exceed 90 days.

(b)   Rate:

(1)   $15.00 base charge per month.

(2)   $0.11580 per KWh usage.

(Ord. 1240; Ord. 1240a; Ord. 1260; Code 2016)

Any individual or business owner who wishes to have a street light that benefits private property shall pay a monthly charge as follows:

175 W Mercury Vapor - $20.00

250 W Mercury Vapor - $22.00

100 W High Pressure Sodium - $18.00

250 W High Pressure Sodium - $22.00

400 W High Pressure Sodium - $27.00

(Ord. 1240; Ord. 1240a; Ord. 1260; Code 2016)

(a)   The applicable electric rates shall be subject to an additional PCA energy charge or credit computed in accordance with the formula shown below.

Where:

PCA = Power Cost Adjustment rate, expressed in dollars per kWh rounded to the nearest five decimal places.

P =  Total power supply related costs expressed in dollars.

U =  Sales (kWh) for the time period for which the power supply cost (P) is computed.

R =  Reconciliation of the cumulative over or under recovery of power supply costs from preceding time periods computed as the difference between the previous power supply revenues collected and the power supply cost incurred, commencing January 1, 2007, expressed in dollars.

B =  Base power supply cost of $0.0654 per kWh.

(b)   The City Administrator shall review the PCA calculation monthly with actual data and shall calculate PCA projections for the periods beginning April and October.  Following such PCA review and projection, the City Administrator shall direct the PCA to be applied, as deemed necessary to accomplish recovery of the City’s power supply related cost in a timely manner.  The City Administrator shall recalculate and direct application of the PCA at intervals more frequent than six months if actual power supply related costs vary significantly from projections.

(Ord. 1167; Code 2016)

The services now being supplied under special contracts or agreements shall not be withdrawn or canceled, and special contracts may be made by the governing body of the city to cover any special service requirement or to care for a customer consuming larger quantities of energy than enumerated in this article without, in any way affecting the provisions of this article.

(Ord. 390, Sec. 23; Code 1994, 17-221)