(A) Rate schedule. All rate schedules set out in the provisions of or resolutions dealing with electric utilities shall be based on one month's service. Normally, meters shall be read and bills rendered at intervals of one month. A month may be from 27 to 32 consecutive days, but shall not necessarily be a calendar month. The city reserves the right to read meters and render bills for longer or shorter periods.
(B) Minimum monthly billing. If the calculated bill for energy consumption and demand is less than the minimum monthly bill (as defined in § 53.02), then the city shall charge the minimum monthly bill. Minimum monthly billing shall apply only to customers that have demand billings (e.g. public or commercial accounts).
(C) Meter reading. If for any reason, the city is incapable of a meter reading for any particular period, it may estimate the reading and render a bill based on this estimate. In the event of appreciable error of any estimate, the city shall revise such estimate on the basis of the best evidence available.
(D) Payment due date. All charges for electrical energy furnished by the city shall be due by the fifteenth day of the month. Should the fifteenth fall on a holiday or a weekend, then payment is due and to be receipted in the City Hall Office on the next business day by 5:00 p.m.
(E) Cancellation or termination of contract. The city shall have the right, at its option, in addition to all other rights and remedies at law or in equity, to cancel or terminate the contract under which service is being supplied or to discontinue the delivery of electric energy with or without cancellation or termination of such contract in the following situations:
(1) Upon the customer's failure to pay, when due, any and all bills rendered by the city, including but not limited to:
(a) Amounts owing on current accounts;
(b) Amounts owing on closed accounts;
(c) Amounts owing on security deposits; or
(d) Amounts owing on account set-up fees.
(2) For fraudulent use of service.
(3) Theft or illegal diversion of electric energy.
(F) Delinquent accounts/late fees. If the city does not receive full payment on or before the fifteenth day of the month, as designated in § 53.04(D), at 5:00 p.m., the account shall be considered late and delinquent, and the city shall assess a late fee to this account. The city shall set the amount of the late fee by resolution.
(G) Payment arrangements.
(1) If the customer does not plan to make full payment of the amount due, the customer may contact the city to make payment arrangements. Approval for any arrangements must come from the Finance Director or designated representative. Factors to be considered if payment arrangements are to be approved include:
(a) The city's needs.
(b) The customer's past payment record and probable ability to meet payment schedule in light of circumstances causing delayed payments (e.g. unemployment, illness, and the like).
(c) The size of the bill and length of time outstanding.
(2) If the customer is not satisfied with the decision of the Finance Officer, the customer may appeal to the City Administrator. The decision of the City Administrator is final.
(H) Failure to adhere to payment arrangements. If payment arrangements are made and the customer fails to adhere to them, disconnection of service shall be made without further notice before noon of the day following the promised payment date unless that day falls on weekends and holidays. The city shall not terminate residential service on, or the day prior to, a weekend or holiday.
(I) Door hanger/red tag list. The city shall print a door hanger/red tag list on the last working day of the month, listing those accounts still unpaid.
(J) Door hanger/red tag. The city shall write a door hanger tag and place said tag on the door of the dwelling or business of all accounts on the door hanger/red tag list that has not made a payment arrangement. A door hanger tag fee, as set by resolution, shall be assessed by the city at the time the tag is written.
(1) The city shall keep a record of the time and date of placement of all notices on door hanger tags and the placement of such tag shall constitute a presumption of notice allowing the city to disconnect service, whether or not actual notice was provided the home or business owner by placement of such tag.
(2) The door hanger tag shall state that the third day following placement of the tag is the final due date and the customer must pay the amount due in full by 5:00 p.m. (including the tag fee and late fee) or disconnection shall occur before noon on the following day unless the date falls on a Friday or holiday, in which case disconnection shall occur before noon on the next city business day.
(3) If the customer pays the amount stated as due on the door hanger red tag (including the tag fee and late fee) before the tag is hung, city staff shall make a reasonable effort to recall the tag so that it is not hung at the account service location.
(K) Restrictions on residential terminations.
(1) Physical disabilities. The city shall not terminate service of a residential customer or refuse to restore service on request if the city had been advised in writing by a licensed physician, or public or private agency providing physical or mental health care, that termination of service would significantly endanger the physical health of the customer or any member of the customer's household. However, the city reserves the right to install a service limiter type meter while such certification is in effect.
(2) Exceptions. The termination of electric service to a residential customer belonging to a protected class may not occur if the termination would occur:
(a) During the heating season;
(b) On any date for which the National Weather Service forecasts that the temperature of a location both within this state and the service territory of the utility will exceed 100 degrees Fahrenheit for a period of 12 or more hours; or
(c) On any date for which the National Weather Service forecasts that the temperature of a location both within this state and the service territory of the utility will be less than 32 degrees Fahrenheit for a period of 12 or more hours.
(L) Designation of third party to receive notice. The city shall offer its customers the option to designate a third party to receive the notice of disconnection of service. The customer is responsible for notifying the city of this option upon initiation of service.
(M) Information on financial assistance. The city shall inform residential customers who cannot pay their bills of the names and telephone numbers of appropriate units within the State Department of Human Resources or other social service agencies which may help the customer determine what federal, state or private aid may be available to that customer.
(N) Requirements for restoration of service. If a customer's service has been properly disconnected under provisions of this chapter, the city shall not reconnect electrical service at the same or any other place at which the customer resides without payment in full of any delinquent fees and charges, together with a new deposit and any reconnection charges. The city shall only receive payment during regular business hours. If the Administrator determines that, based on past history or current circumstances, the customer does not have a sufficient amount on deposit as security with the city, the city may assess an additional amount for security deposit equal to the previous highest month's bill.
(O) Payment responsibility. When a change of occupancy or other legal responsibility for payment for electrical service occurs, the owner (as applicable) and/or customer, shall give the city notice of such change within two working days prior to such change. The outgoing customer shall be responsible for payment of all services and charges. The owner shall be responsible for any unpaid past due amount, only if the owner agrees in writing that they shall be responsible for said bill.
(P) Closing (final bill). Closing bills are due and payable to the city on presentation. The city reserves the right to read the meter for a final bill within a period of two working days after the date requested by the customer and will use best efforts to read or disconnect on the day requested. The city may disconnect any current electrical service for any customer who fails to pay or honor payment arrangements on a closed account being held by the city.
(Q) Penalty on delinquent accounts. The city shall charge a penalty of a certain percentage as set by resolution on the delinquent portion of all utility accounts in excess of $500 or more to the customer, beginning on the thirtieth day following the original due date.
(R) Returned check charges. The city may collect a charge as described by resolution for each check returned by a bank to the city.
(S) Rates and fees. The City Council shall set all rates charged for electrical energy, connection, reconnection and other fees by resolution.
(Ord. 440, passed 10-26-2015)