(A) (1) All electric consumers shall be liable for the rates provided by ordinance unless and until the consumer shall, by written order, direct the Light Commissioner to shut off the electricity in which case consumer shall not be liable thereafter for electrical services until electricity is turned back on again.
(2) These terms of payment and terms and conditions shall apply to the following rate classes: Residential Service (RE), Religious and Charitable (RC), Rural Residential Service (RR), General Service (GS), General Service-Demand (GSD), and Large Power (LP).
(B) Terms of payments. Bills are due and payable upon receipt and delinquent if not paid by the 20th of the month following the month for which the bill is rendered.
(C) Terms and conditions.
(1) Usage may be fractionalized on the actual days of service for application of a change in rate or changing from summer to winter or from winter to summer.
(2) Service will be furnished under the city's general terms and conditions.
(3) Extensions made for service under this classification are subject to the provisions of the city's rules governing extension of service and facilities.
(4) The rates may be increased by the amount of any new or increased governmental tax imposed and levied on transmission, distribution, production, or the sale of electrical power.
(D) Residential service (RE).
(1) Available. Within established service area.
(2) Applicable. To single-family residences, individually metered apartments and rooming houses for all domestic purposes when all service is supplied through a single meter. Applicable also to churches whose peak demands do not exceed 25 kW, and whose usage does not exceed 10,000 kWh for two consecutive months. Ratings of individual single-phase motors shall not exceed ten horsepower.
(3) Character of service. AC, 60 Hertz, 120/240 volt, three wire, single-phase; or 120 volt, two wire. Three-phase service is not available under this rate schedule.
(4) Rate.
Rate: | ||
Customer charge | $14 per month, plus | |
Summer | Winter | |
Per kWH for the first 700 kWH used per month | $0.10577 | $0.10577 |
Per kWH for all additional use | $0.10577 | $0.08577 |
Minimum bill | The customer charge | |
(E) Religious and charitable (RC).
(1) Available. Within established service area.
(2) Applicable. This category shall apply to all entities recognized under the Internal Revenue Code section 501(c)(3) and to entities which are religious organizations with a dedicated church building exempt from real estate taxes as established by the county.
(3) Character of service. At any of the city's standard distribution voltages, as available.
(4) Rate.
Rate: | ||
Customer charge | $14 per month, plus | |
Summer | Winter | |
Per kWH for the first 700 kWH used per month | $0.10577 | $0.10577 |
Per kWH for all additional use | $0.10577 | $0.08577 |
Minimum bill | The customer charge | |
(F) Rural residential service (RR)
(1) Available. Within established service area.
(2) Applicable. To single-family residences, individually metered apartments, and rural schools and churches for lighting, heating and power when all service is supplied through a single meter. Ratings of individual single-phase motors shall not exceed ten horsepower.
(3) Character of service. AC, 60 Hertz, 120/240 volt, three wire, single-phase; or 120 volt, two wire. Three-phase service is not available under this rate schedule.
(4) Rate.
Rate: | ||
Customer charge | $17 per month, plus | |
Summer | Winter | |
Per kWH for the first 800 kWH used per month | $0.10449 | $0.10449 |
Per kWH for all additional use | $0.10449 | $0.08449 |
Minimum bill | The customer charge | |
(G) General service (GS).
(1) Available. Within established service area.
(2) Applicable. To any customer for lighting, heating and power purposes where all service is taken through a single meter at one location, and where the customer's monthly peak demand does not exceed 25 kW for three consecutive months, and usage does not exceed 10,000 kWh for two consecutive months. Ratings of individual single-phase motors shall not exceed ten horsepower.
(3) Character of service. AC, 60 Hertz, 120 volts or 120/240 volts, single-phase; 120/240 volts or 120/208 volts, or 277/480 volts, three-phase, four-wire; or at any of the city's standard distribution voltages, as available.
(4) Rate.
Rate: | ||
Customer charge | $28 per month, plus | |
Summer | Winter | |
Per kWH for the first 2,000 kWH used per month | $0.11408 | $0.11408 |
Per kWH for all additional use | $0.11408 | $0.09408 |
Minimum bill | The customer charge. In case of equipment having abnormally low annual utilization factors or unusual operating characteristics, special minimum charges may be prescribed by the Board of Public Works. | |
(H) General service-demand (GD).
(1) Available. Within established service area.
(2) Applicable. To existing customers, or to new customers with demands of 25 kilowatts or more, but not exceeding 799 kilowatts, for three consecutive months whose entire requirements are taken through one meter, and whose usage exceeds 10,000 kilowatt-hours within two consecutive months. (Not applicable to resale, stand-by or auxiliary service).
(3) Character of service. AC, 60 Hertz, three-phase, at any of the city's standard voltages (4,160 voltz or less) where the service may be supplied by a single power transformation.
(4) Rate.
Rate: | ||
Customer charge | $80 per month, plus | |
Summer | Winter | |
Demand charge (per kW — month of billing demand) | $17 | $11 |
Interruptible demand charge (per kW — month of billing demand) | $7 | $11 |
Plus energy charge of (per kWH for all use) | $0.0552 | $0.0492 |
Plus interruptible energy charge of (per kWH for all use) | $0.05434 | $0.05334 |
Ratchet | 57% of summer on-peak demand (waived for interruptible customers) | |
Minimum bill | Demand charge, but not less than $400 | |
(5) Determination of billing demand. The billing demand shall be the greater of one or two below:
(a) The highest measured demand (corrected for power factor if required) during any 15 minute period occurring in the current billing period.
(b) 57% of the highest measured on-peak demand (corrected for power factor if required) during any 15 minute period occurring in the summer season of the preceding 11 months.
(6) Interruptible customers. Demand customers may qualify for the interruptible demand rate upon execution of a written contract with the city agreeing to curtail 100% of their specified load upon 30 minutes notice from city, and until the city notifies customer that they may resume normal operations. If determination is made that the customer did not curtail operations and subsequently contributed to the city's peak demand and costs, customer shall be placed on the firm General Service Demand (GSD) rate immediately for a minimum of 12 months.
(7) (a) Duration of interruption. The city expects, but does not guarantee, that curtailment will not exceed 12 hours in any 24 hour period, and 30 curtailments in any season (summer or winter).
(b) The city will curtail loads based upon city needs and matching customer load characteristics, but will endeavor to rotate curtailment candidates as it deems necessary and as fitted to demand reduction requirements.
(8) Curtailment demand. Qualifying customers will curtail 100% of the load as agreed upon between customer and city.
(9) Fluctuating loads. Customers operating equipment having a highly fluctuating or large instantaneous demand, such as welders and x-ray machines, shall be required to pay all non-betterment costs of isolating the load from the balance of the city's system so that the load will not unduly interfere with service on the city's lines. In addition, customers who fail to provide adequate corrective equipment shall within six months of written notification, be required to own and maintain their own transformers.
(10) Power factor adjustment. For loads of 25 kW or more, at the option of the city, power factor adjustments may be made in the billing demand, when the power factor, as determined by test, at the time of the customer's maximum use is less than 90%. If the power factor, as measured by the Electric Department, is lower than 90%, the monthly demand charge will be multiplied by the ratio 90% bears to the measured power factor, or at the city's option, the power factor may be corrected at the customer's expense.
(I) Large power (LP).
(1) Available. Within established service areas.
(2) Applicable. To existing customers, or to new customers with demands of 800 kilowatts or more, for three consecutive months, whose entire requirements are taken through one meter. (Not applicable to resale, stand-by or auxiliary service.)
(3) Character of service. AC, 60 Hertz, three-phase, at any of the city's standard voltages (4,160 voltz or less) where the service may be supplied by a single power transformation.
(4) Rate. The rate shall be reviewed and adjusted semi-annually or as deemed necessary by the city. The currently effective rate is shown below:
Rate: | ||
Customer charge | $400 per month, plus | |
Summer | Winter | |
Demand charge (per kW — month of billing demand) | $19 | $17 |
Plus energy charge of (per kWH per on-peak energy per month | $0.03919 | $0.03836 |
Ratchet | 57% of summer on-peak demand | |
Minimum bill | Demand charge but not less than $400 | |
(5) Application. Loads of 800 kilowatt or greater.
(6) Determination of billing demand. The billing demand shall be the greater of one or two below:
(a) The highest measured demand (corrected for power factor if required) during any 15 minute period occurring in the current billing period.
(b) 57% of the highest measured demand (corrected for power factor if required) during any 15 minute period occurring in the summer rate season of the preceding 11 months.
(J) Area lighting (AL).
(1) Available. To any customer meeting city criteria for service under this classification and whose security lighting needs are not being furnished under any other classification.
(2) Applicable. As determined by city, but generally to private roadway and area lighting: Lighting unit burning time is limited to dusk through daylight (approximately 4,000 hours per year). Where other metered service is supplied by the city at the same location, the customer shall have the option of:
(a) Including energy used for area and roadway lighting with the metered service, in which case no time control switch will be required.
(b) Connecting the wires supplying the energy for the roadway and area lighting service directly to the city's secondary wires without a meter, in which case the city will make the connection, and approved photo-electric control switch will be required, and service will be supplied under this schedule.
(3) Character of service. 120/240 volts, AC, as available.
(4) Rate.
Rate: | ||
Summer | Winter | |
Per lamp per month | $14.80 | $14.15 |
(5) Ownership of equipment. The customer will install, own, and operate the lighting units including fixtures, control equipment, and poles unless otherwise agreed upon by city and customer.
(6) Terms and conditions.
(a) Customers requiring lighting service during certain seasons of the year only may take service under this schedule provided the city is not required to disconnect and reconnect the service more often than once each year.
(b) Usage may be fractionalized on the actual days of service for application of a change in rate.
(7) Lamp replacements. Lamp replacements may be made by the city at the customer's expense, when and as requested by the customer, provided the lighting units are of a size and type used by the city in its street lighting systems.
(8) Terms of payment. Bills are due and payable upon receipt and delinquent if not paid by the twentieth of the month following the month for which the bill is rendered.
(9) General terms and conditions applicable to unmetered area lighting service.
(a) Area lighting installed on non-joint city-owned poles shall not be of the type that interferes with climbing room, work space, or wire clearance as defined by the National Electrical Safety Code and is to be installed below the secondary line and service drops. The city will make the installation of area lighting on city-owned poles at the customer's expense.
(b) No area lighting will be installed on jointly owned poles, used poles, poles supporting transformers, regulators (secondary or primary), capacitors, reclosers, sectionalizers, or any major equipment or devices, or on the city's wood, steel, or concrete street light poles.
(c) No area lighting is to be connected to existing street light circuits, either series or multiple.
(d) All area lighting units installed under classification shall be equipped with a photo-electric control which will limit the burning time to approximately 4,000 hours per year.
(e) All labor and material charges which arise from service under this classification, except the labor and material necessary to connect the customer's lines to the city's lines, will be paid for by the customer. No extensions of the city's primary or secondary lines at the city's expense are authorized under this classification.
(f) The rates may be increased by the amount of any new or increased governmental tax imposed and levied on transmission, distribution, production, or the sale of electrical power.
(K) Municipal service (MS).
(1) Available. Within established service area.
(2) Applicable. All municipal owned properties.
(3) Character of service. AC, 60 Hertz, 120 volt, two wire; 120/208 volts, or 120/240 volts, or 240/480 volts, three wire, single-phase.
Rate: | ||
Summer | Winter | |
Per kWH per month | $0.10492 | $0.08522 |
There shall be no charge to the city for street lighting | ||
(L) Irrigation (IR).
(1) Available. Within established service area.
(2) Applicable. For irrigation services.
(3) Character of service. AC, 60 Hertz, 120 volts or 120/240 volts, single-phase; 120/240 volts, or 277/480 volts, three-phase, four-wire; or at any of the city's standard distribution voltages, as available.
Rate: | |
Customer charge | $30, plus |
Demand charge (per kW — month of billing demand) | $17 |
Plus energy charge of (per kWH used per month) | $0.08428 |
Annual charge (due prior to irrigation season — per horsepower) | $28 |
(M) General terms and conditions applicable to all electric service.
(1) Terms of payment. Bills are due and payable upon receipt and delinquent if not paid by the due date noted on the bill. All accounts not paid by the close of business at 4:30 p.m. on the due date shown on the bill are subject to all applicable penalties.
(2) Terms and conditions.
(a) Usage may be fractionalized on the actual days of service for application of a change in rates or changing from summer to winter or from winter to summer rates.
(b) Service shall be furnished under the General Terms and Conditions. Acceptance of service shall constitute agreement by customer to abide by said terms and conditions.
(c) The rates set forth herein may be adjusted by the amount of governmental tax imposed and levied on the transmission, distribution, production, or the sale of electrical power and energy.
(3) Rate seasons. That for the purpose of defining summer and winter rates, summer months shall be considered to be the usage months from approximately April 20 through October 20 (May through October for large power and interruptible customers) and winter months shall be considered to be the usage months from approximately October 20 through April 20 (November through April for large power and interruptible customers).
(4) Metering. One meter shall be installed to service one class of business. If additional buildings are required for a given business, they shall be interconnected by the customer to obtain one meter. If additional meters and services are requested by the customer, each shall be treated as a separate customer.
(5) Demand meter. Demand metering may be installed at any meter location for the purpose of determining actual demand or for other necessary purposes, such as load research.
(6) Special metering. Special metering, for load research and other reasonable purposes, may be installed by the city at any time at no cost to the customer. Special metering requested by the customer may be installed at the sole or partial cost to the customer.
(7) Determination of demand. The demand for all rates, which include a demand related charge, shall be based upon the maximum integrated kilowatt load during any 15 minute period occurring during the billing month, or any higher or ratcheted demands occasioned by rate application or individual contract.
(8) Changing rate classifications. Where an option exists, customer shall choose which rate classification is desired. Once a classification is chosen, customer must remain on that rate for 12 consecutive months unless there is a substantial and permanent change in the customer's load characteristics.
(9) Power factor adjustment. For loads of 25 kW or more, power factor adjustments will be made in the billing demand, when the power factor, as determined by meter or test, at the approximate or actual time of the customer's maximum use is less than 90% lagging. If the power factor, as measured, is lower than 90%, the monthly demand charge will be multiplied by a factor of 90% divided by the actual power factor. The power factor may also be corrected at the customer's expense if it proves detrimental to system operation.
(10) All rates are subject to the Electric Rate Classifications and Service Regulations of the city Municipal Electric System.
(N) Service regulations.
(1) (a) Effective date. The rate classifications applicable to the various classes of electric service supplied by the city, and the service regulations appertaining to the supply of such service, hereinafter set forth, are established by resolution or ordinance of the City Council and applied by the Board of Public Works. All rate classifications are subject from time to time to amendment or repeal by the Mayor and City Council, the effective date of any classification herein shall be the effective date as shown on the face thereof.
(b) Service regulations are subject to revision by the Board of Public Works and shall be effective upon approval.
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning
BPW. Board of Public Works.
CONSUMER. Any person, partnership, association, firm, corporation (public or private), or governmental agency, taking service from the BPW at a specific location.
FIRM SERVICE. BPW will furnish the customer's electrical requirements subject to contract nomination.
HOLIDAYS. The official holidays defined here are one-half of New Years Eve, New Years Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, one-half of Christmas Eve, Christmas Day, and/or the days these holidays are observed in the BPW's service area.
METER. The meter or meters, and any auxiliary equipment required to measure the electric service supplied by the BPW to a consumer at a point of delivery.
POINT OF DELIVERY. The point where the BPW supplies service to a consumer and which, unless otherwise agreed upon between the BPW and the consumer, shall be the point where the BPW's service wires are joined to the consumer's service terminals or conductors.
SERVICE WIRES. The wires, owned by the BPW, connecting the BPW's distribution system to a consumer's service terminals.
(3) Application of rate classifications.
(a) A consumer may take service under any applicable rate classification, and may change to another such classification at any time; provided that any classification applied to a consumer's service shall continue in force and effect until the consumer shall make application for service under another classification and that in no case shall any classification be applied for a period of less than 12 consecutive months, unless the BPW is notified by the consumer of a change in his appliances, equipment, or usage, which would permit the application of some other classification. Ratchet and penalty charges shall not be waived.
(b) The BPW will furnish a consumer, at his or her request and without charge, all reasonable information and assistance in choosing the classification most advantageous to the consumer.
(c) The rate classifications provided are applicable to electric service supplied during a period of one month, such month to be either a calendar month or the equivalent period between consecutive monthly meter reading dates of the BPW, and the provisions thereof are premised upon the continuous use of service of a consumer for periods of not less than 12 consecutive months; provided, if a consumer shall permanently disconnect part of his appliances or equipment, upon notification of the BPW by the consumer, the application of the provisions of the classification under which service is being supplied may be changed to meet the consumer's changed conditions.
(d) Termination of service, or any part thereof, by a nonresidential consumer followed by reconnection at any time within the next 12 months at the same facility, shall not suspend or eliminate the minimum monthly charge, connected load charge or demand charge specified in the rate classification under which they are taking service, for the months so terminated.
(e) The service supplied under the rate classification is made subject, in addition to the provisions and specification thereof, to the service regulations contained in this section, and to such amendments or additions thereto as hereafter may be made by the BPW.
(f) Unless otherwise provided therein, or indicated by the contents thereof, these regulations shall apply to service supplied by the BPW in all the area served by the BPW.
(O) Service contracts.
(1) Service contract. The BPW will supply service to a consumer under and in accordance with the BPW's service regulations. If the consumer has special conditions of service not covered by the specifications of the rate classifications, service may be supplied under an individual contract covering only such consumer's service as approved by the BPW.
(2) Terms and conditions. Service contracts of the BPW will include the following terms and conditions:
(a) Consumer will take from the city Board of Public Works (BPW) electric service at the given address, and pay for said service at the rate classification specified herein and in accordance with the BPW's regulations. All consumers requesting new or revised service after the effective date of this policy shall be required to have a written service contract with the BPW.
(b) This contract shall remain in force and effect for a period of one year from date of service connection, and thereafter until cancelled by 30 days written notice by either party to the other unless otherwise waived by BPW. The minimum monthly charge provided in the rate classification shall apply on a yearly basis, and temporary terminations of service of less than 12 months will not eliminate the minimum charge for nonresidential services. All rate schedules and service regulations are on file in the offices of the BPW. No representations have been made by the BPW as to which rate classification should be chosen by the consumer, but all information requested has been furnished by the BPW.
(c) Consumer shall, without expense to the BPW, make or procure the desirable easements, satisfactory to the BPW, across the property owned or controlled by the consumer, for the BPW's lines or extensions thereof required to furnish service to the consumer. Consumer shall permit the BPW to trim trees, including the removal of limbs, to the extent that such trimming shall be reasonably necessary to prevent interference with BPW's lines. Except that trimming of trees on the consumer's premises, which interfere with the BPW's service wires, shall be the responsibility of the consumer.
(d) BPW will designate a point on the consumer's premises where service will be delivered. Consumer will provide and maintain on his premises adequate support or protection for attachment of the BPW's overhead or underground service wires, and will at all times be responsible for any damages occasioned by failure of or defect in such support or protection. BPW will furnish metering equipment required to measure the service supplied, and will keep said equipment accurate within reasonable limits. Consumer shall furnish without cost to the BPW adequate space in a suitable location for the BPW's metering equipment.
(e) Consumer shall secure all necessary permits for wiring on the consumer's premises, install such wiring in accordance with the National Electrical Code and all applicable laws and ordinances, and pay all inspection fees. BPW will not be responsible for inspection of wiring on the consumer's premises but reserves the right to require inspection before connecting service.
(f) Title to all property installed or supplied by the BPW on a consumer's premises is and shall remain in the BPW, and said property may be removed by the BPW at any time. Consumer shall safeguard and provide adequate protection for the property of the BPW, including metering equipment, located on consumer's premises and maintain clear and safe access thereto at all reasonable times.
(g) Consumer shall pay for electric service monthly, or at regular intervals prescribed at the option of the BPW. The net monthly bill, calculated as provided in the rate classification specified herein, will apply when the bill rendered for service hereunder is paid in a BPW office or to an authorized BPW agent on or before the date designated on the bill after which the gross amount is due (net bill plus 15% penalty charge). Failure to receive a bill shall not entitle the consumer to the difference between the gross and net bill. If a bill is not paid on or before the date after which the gross amount is due, such bill is delinquent and the BPW reserves the right to charge a fee for field collection calls and/or to discontinue service if such action is warranted and after proper notice is given. If a balance due for service at any previous address of a consumer is not paid within 15 days after removal from such address, such balance shall become delinquent and service at the address covered by customer's current contract may be discontinued. Service discontinued for delinquency will be reconnected when all charges including the expense of disconnection are paid.
(h) Each customer is mailed a utility bill on the last day of the month, local customers receive their bill on the first. Payment is due upon receipt of each month's bill and any outstanding balance is considered delinquent after the twentieth of same month. On the twenty-first, penalties are applied to any unpaid balance and a Service Disconnect Notice is mailed.
(i) Disconnect is generally the first Thursday of the following month that bills are mailed. Disconnect is never before the third of the month, when the third falls before the first Thursday, the disconnect date becomes the second Thursday.
(j) Once disconnection has occurred, reconnection may be made upon payment of current balance plus a reconnect charge of $30 for electrical and $30 for water during regular business hours, $75 and $75 after business hours. The residential customer must also have a current $400 deposit, $600 for all other customers, before reconnection is processed.
(k) When a consumer pays a billing with an insufficient funds check, the consumer must reimburse the BPW for the amount of the check plus a $25 service charge. This reimbursement must be in cash. If the BPW receives more than one insufficient funds check in a 12 month period, the consumer will be required to pay in cash for a 12 month period. Insufficient funds checks used in payment for disconnect notices will result in automatic termination of service without notice; reconnection may be made upon payment of current balance plus a reconnect charge of $30 for electrical and $30 for water during regular business hours, $75 and $75 after business hours. The residential customer must also have a current $400 deposit, $600 for all other customers, before reconnection is processed.
(l) If a consumer who is a tenant chooses to cancel their contract with the BPW or become in breach of their contract with the BPW, the landlord of such property has the option to have services transferred into the landlord's name. Landlords may carry services between renters or during renovations and repairs, however, once residency is established services will need to be transferred to the tenant according to the Service Contract Terms and Conditions.
(m) Accounts will not be transferred when the effect is to circumvent policies of the BPW. No landlord or consumer will be allowed more than one residential contract with the BPW. The BPW Commissioner shall have the option to make decisions in this regard.
(n) Deposits shall be required of all customers requesting service. Said deposits shall be $400 for residential service and $600 for all others unless otherwise required by the BPW. The charges for field collection calls shall be $30 due and payable upon request.
(o) BPW will endeavor to supply, but not guarantee, uninterrupted service of a generally accepted standard. Interruption of service for repairs; alterations; want of supply; conditions on a consumer's premises dangerous to persons, property or service of the consumer or others; nonpayment by the consumer of amounts payable hereunder; failure by the consumer to provide means of access for obtaining regularly scheduled readings of the meter or for testing the BPW's metering equipment from theft, abuse or vandalism; or prevention of fraud or abuse, shall not be a breach by the BPW of its part of this contract.
(p) Consumer waives claim for, and hereby releases and discharges the BPW from claims for, and shall indemnify and save harmless the BPW from, any and all loss and damage arising from interruption of service, or an account of injury to persons (including death), or damage to property on the premises of a consumer or under a consumer's control unless such loss, damage, or injury is the natural, probable and reasonably foreseeable consequence of the BPW negligence, and such negligence is the sole and approximate cause thereof.
(q) This contract is binding unless rejected by the BPW within 30 days after connection of service.
(r) Neither this contract, nor the service supplied thereunder, shall be assignable or transferable by the consumer without the written consent of the BPW.
(P) Service regulations - general.
(1) Billing adjustments.
(a) If the BPW or a consumer shall discover, at any time, a rate classification available to such consumer more advantageous than the one under which he is being served, such rate classification, with the agreement of the consumer, will be applied to the consumer's service thereafter, effective for all billings after receipt of written request from the consumer for a change in classification.
(b) When the consumer has been billed inaccurately, whether as an overcharge or an undercharge, for service as a result of, but not limited to, meter inaccuracy, meter connection, arrears, equipment failure, incorrect reading of a meter, incorrect bill calculation, incorrect coding error, specifically accepting diversion of services, tampering, or subterfuge, the amount of the inaccuracy shall be adjusted and either credited to the consumer or billed to the consumer. The adjustment shall be without interest and the period of adjustment from any such inaccuracy shall be for the entire period of the inaccuracy or for one year, whichever is the lesser. When a customer has been undercharged as a result of tampering, diversion of services or subterfuge, the customer's account shall be charged for the entire period of the inaccuracy. Any amount greater than $50 shall bear interest at the rate of 12% per annum until paid in full. The Board of Public Works may choose to refuse services to any party when it has been determined that such party obtained services at less than full value as a result of tampering, diversion of services or subterfuge.
(c) All electrical meters shall be read at least one time each month between the fifteenth day and the twenty-first day of the month. To promote quick and efficient reading of electric meters, it shall be the responsibility of every consumer of municipal electricity to provide easy and safe access from the backside of his lot or lots to the electric meters on his premises. Any fences constructed on the back side of a lot shall be equipped with a workable gate for this purpose and all shrubbery and trees shall be trimmed to accomplish the purposes of this section.
(d) When easy and safe access is not maintained for the reading of electric meters, the current reading will be estimated for purpose of utility billing. For repeated violators a violation penalty may be issued in accordance with § 10.99.
(e) For diversion of service as defined in Neb. RS 86-331.01 through 86-331.04, as amended, the BPW may pursue any or all civil or criminal statutory or common law remedies.
(2) Transfer of demand. Whenever a new service contract with an existing consumer at the same location supersedes a previous contract, the demand established by the consumer under his previous contract will be considered as having been established under the new contract.
(3) Separate billing for each meter.
(a) Whenever a consumer requires the BPW to supply service to premises at more than one point of delivery, the service measured by the meter at each point of delivery will be considered a separate service, and meter readings will not be combined for billing purposes.
(b) However, where it is impractical or uneconomical for such service to be supplied at one point of delivery, then, at the option of the BPW, such service may be supplied at more than one point of delivery on the consumer's premises if consumer provides such facilities as are specified by the BPW.
(4) Exceptions to all service requirements. Rate classifications, which provide that all of a consumer's service thereunder shall be measured by one meter, nevertheless shall be available to:
(a) The consumer who is required by law to provide separate wiring circuits for emergency lighting service, sprinklers or alarm systems, and such service cannot feasibly be metered with the remainder of the consumer's service;
(b) The consumer who wishes to operate X-ray, welder or other equipment producing abnormal voltage fluctuations, and the BPW requires that service to such equipment be metered separately;
(c) A consumer who occupies two or more spaces within the same building, which spaces are separated by fire walls or intervening spaces, or are on different floors, and are not interconnected by private doors, passages, or stairways, in which cases each such space may be metered separately under an all-service rate classification;
(d) In each of the above cases, the separately metered special service shall be billed under an all-service rate classification.
(5) Resale, redistribution, or extension of electric service. Electric service purchased by a consumer shall be for the sole use of such consumer in and upon the premises to which such service is supplied and shall not be sold directly nor a bill rendered, on a metered or unmetered basis, by a consumer to lessees, tenants or others. However, a consumer may redistribute or extend the use of such service where:
(a) The consumer owns or operates a building or service in which electric service is furnished to the tenants without a specific or separate charge for such service;
(b) The consumer occupies adjacent buildings for carrying on parts of the same commercial or industrial business, and when such business is operated as one integral unit under the same name. All such service is to be used by the consumer and served through one meter.
(c) Adjacent buildings, as used in this section, shall include a directly adjoining building, or buildings, but shall not include buildings separated from the consumer's place of business by intervening buildings.
(d) A place of business, as used in this section, shall include industrial plants, commercial stores, educational institutions, hospitals, and similar organizations, but shall not include persons, firms, corporations or associations owning or operating groups of separate, even though interconnected, buildings offering space for rent for residential, commercial or other purposes.
(6) Master metering. Master metering shall be prohibited in new multi-family residential buildings except where the living units are financed and used as housing for disabled, handicapped, or low-income elderly who are eligible for a federally assisted housing program. Provisions for individual-tenant metering will be installed at the time of construction so that if the use of the building changes from the above criteria, the living units can be easily converted to individual metering and billing in accordance with BPW standards. Master metering of trailer courts will not be allowed after January 1, 1990.
(7) Parallel operation of consumer's generating equipment with BPW's service. To protect the safety of the BPW personnel, and to protect the service of other consumers, a consumer who operates his or her own electric generating equipment shall not parallel such equipment with the service of the BPW except as authorized in this section. No connections whatsoever shall be made between such equipment and the service lines of the BPW without specific inspection and approval by the BPW. Any unapproved installation shall be grounds for immediate disconnection of the BPW's service without constituting a breach of contract.
(8) Consumer owned generation.
(a) A consumer may connect qualified cogeneration and/or small power production equipment in parallel with the BPW's safety, metering and interconnection standards are complied with. There shall be a written agreement between the BPW and the consumer. The agreement will outline the interconnection point, the metering and other equipment required, inspection and maintenance of the interconnecting equipment, the rates involved, and the responsibilities of each party involved. The BPW will not operate in parallel without a signed agreement.
(b) The consumer would provide or reimburse the BPW for the necessary metering and switchgear for the interconnection. The BPW will consider the purchases of the consumer's kilowatt-hours generated in excess of the consumer's energy requirements, on an individual basis. Unapproved installation shall be grounds for immediate disconnection of the BPW service without constituting a breach of contract.
(c) Wind generators located within the service limits of the city must be located in such a manner so that the structure upon which the propeller is installed is a minimum of three times the structure's length distance from buildings, power lines, television antennas and adjacent property lines.
(d) A wind generator and component parts must be totally surrounded by a fence having a minimum height of six feet.
(e) The height of the tower for a wind generator system shall be at least twice as high as the length of the propeller, with such tower to have a minimum height of 15 feet and a maximum height of 50 feet. The bottom tip of the propeller shall be a minimum of ten feet above any accessible pedestrian area.
(f) The owner of a wind generator facility shall assume all liability incident to the installation and operation of such facility, and the city shall be held harmless by such owner from all liabilities resulting from the installation and operation of the wind generator system.
(9) New subdivisions; underground installation required.
(a) In new subdivisions to the city, approved by the BPW, all utilities shall be installed underground. In the installation for electrical services the BPW shall provide electrical service to the lot line. The meter may be located at the lot line or on the improvement, said location to be determined by the BPW. The customer shall be responsible for the installation of the underground service from the lot line to the improvement. Electrical services shall be a minimum of 24 inches deep in the new subdivisions.
(b) The BPW shall charge a service connection fee of $150 for each permanent electrical service connection in new subdivisions.
(10) Construction of facilities before consumer's premises are wired.
(a) The BPW may postpone actual construction of its facilities to a consumer until such consumer's wiring has been approved by the proper inspections authorities, has met the BPW's requirements, and is ready for connection to the BPW's distribution system. Temporary connections or construction connections shall be billed at the general service rate until construction is complete and proper notification made to the BPW, by the customer.
(b) The BPW shall install, at BPW expense, all electrical service lines from the supply line of the distribution system to the meter servicing the premises. The BPW shall provide, at BPW expense, the meter and meter socket but said loop and necessary conduit shall be provided and installed by the consumer.
(c) The consumer shall be responsible for installation and expense of a temporary meter pole prior to permanent installation of the meter and said meter pole shall be grounded with a ground fault breaker.
(d) Should a consumer request underground electrical or overhead electrical service with the electric meter located on a city owned pole, the consumer shall supply the meter loop and all overhead and underground lines to consumer’s house or building. The installation shall be by a licensed electrician with approval of the city's Light Commissioner or Electric Supervisor at consumer’s expense. The consumer shall also be required to furnish and install a circuit breaker on the municipal pole.
(11) Combined residential and general service. A consumer in a single-family dwelling, parts of which are used for business purposes, may purchase service under a residential rate classification when the floor area of the part used for general service purposes does not exceed 25% of the combined residential and general service floor area.
(12) Low power factor equipment.
(a) Fluorescent, mercury vapor, neon, or other types of gaseous tubes or lamps, or other lighting devices or signs having inherently low power factor characteristics, shall be equipped at the consumer's expense with devices to maintain the power factor of each unit or separately controlled group of units at not less than 90% lagging.
(b) If the consumer's power factor by measurement or test is less than 90%, the BPW, at its option, may require the consumer to provide facilities for the BPW to install kilovolt ampere metering and may increase the consumer's kilowatt demand for billing by the ratio 90% bears to the measured demand of the kilovolt ampere demand.
(Q) Service regulations - special.
(1) Charge for permanent service. When a consumer applies for service which necessitates a permanent extension of BPW's facilities, the BPW reserves the right to collect from the consumer, in advance, part or all of the cost of such extension, when, in the opinion of the BPW:
(a) The anticipated revenue to the BPW may not be commensurate with the cost of such extension;
(b) The extension is required because of abnormal operating characteristics of the equipment to be operated by the consumer;
(c) The extension is required for emergency or special service;
(d) The BPW shall allow maximum construction costs of three times estimated or actual annual revenue as a contribution allowance. The allowable investment limit will be calculated according to the specified rate class as defined in the BPW General Extension Policy. Costs above that amount shall be due from the customer as an “aid to construction” contribution. This contribution shall be due and payable prior to initiation of the work or construction by the BPW;
(e) Betterment costs are additional costs for electric system improvements generally not required solely for the extension to the customer but are costs the BPW elects to incur now due to anticipated or planned electric system capacity or configuration requirements. All betterment costs shall be the BPW'S expense.
(2) Charge for temporary service.
(a) A charge of $150 will be made for each temporary overhead single-phase service connection, consisting of service wires and meter only. These charges exclude the account service charge. When more than the above is required, the consumer shall pay for the work done by the BPW on a contract basis.
(b) The consumer shall pay for the energy consumed based upon the general service rate classification with applicable fuel and production cost adjustment factors. The minimum bill shall be as indicated on the general service rate classification. Billing will be charged at the general service rate until construction is complete and proper notification made to the BPW by the customer and a new service agreement signed.
(c) A collection fee pursuant to the rate resolution established by the city, will be charged for services performed for the purpose of moving buildings, removal of trees, or for other similar purposes.
(d) When a consumer's meter loop is in need of repairs, the BPW will notify the consumer of the problem and allow 30 days to make the repair. If the problem is not corrected after 30 days, the BPW will make the necessary repairs and charge the consumer for the time and material involved.
(3) Charge for re-establishing service. The charge for permanent service and the charge for temporary service established by this section and the reconnection charge required by the BPW's electric rate schedules shall not apply to the re-establishment of service after the destruction of the consumer's premises or a portion thereof resulting from explosion, fire, flood or storm. In such cases, the equivalent service will be re-established at the consumer's option at a temporary or permanent location. If the damaged premises are repaired within a reasonable time, not to exceed two years, the charges defined herein shall not apply if the consumer moves back to his or her original location.
(4) Tax clause. To the total of all charges for service under the appropriate rate classification or classifications, shall be added the applicable existing state and municipal taxes; and also added shall be any new or additional tax or taxes, or increases in the rates of existing taxes, imposed after the effective date of these rate classifications by any governmental authority upon the service rendered by the BPW.
(1976 Code, § 3-1009) (Ord. 595, passed 1-11-1979; Ord. 910, passed 11-17-1986; Ord. 945, passed 9-12-1988; Ord. 1167, passed 8-21-1995; Ord. 1284, passed 12-20-2000; Ord. 1377, passed 6-6-2005; Ord. 1381, passed 7-25-2005; Ord. 1402, passed 3-10-2008; Ord. 1414, passed 8-9-2010; Ord. 1450, passed 2-17-2014; Ord. 1452, passed 5-5-2014; Ord. 1458, passed 5-18-2015; Ord. 1465, passed 10-17-2016; Ord. 1499, passed 8-16-2021; Ord. 1528, passed 2-20-2023)
Statutory reference:
Related provisions, see Neb. RS 17-902