§ 51.03  ELECTRICAL RATES AND REGULATIONS.
   (A)   Rates. The rates charged for electric energy shall be fixed by the Council by resolution. The Council will hold at least one public hearing before adopting a resolution changing rates for electrical energy. All the conditions, terms, rates, and charges fixed by §§ 51.02 and 51.03 shall constitute the rules, terms, rates, and charges for the use of electrical energy in the city. Rates and fees in §§ 51.02 and this section are not covered by the annual fee adjustment.
   (B)   Determination of consumption. To determine the consumption, a meter shall be installed by the city upon the consumer’s premises at a point convenient for the city’s service. The city will keep an accurate account on its books of the electric energy consumption. The account shall be accepted as prima facie evidence of the consumption of the consumer. Should the meter fail to register, the consumption will be estimated from the amount used in a corresponding month; should there be no corresponding month, then the consumption will be estimated upon the average of all previous months. Where it is not practical to meter service, consumption will be based on standard usage for device(s) using electrical energy.
   (C)   Interruption of service. In case the supply of energy is interrupted by reason of accident or otherwise, the city shall not be liable for damages by reason of such failure. It shall in no case be a condition precedent to the city’s right to recover hereunder, to allege or to prove that no interruption in the supply of energy has occurred.
   (D)   Delinquent accounts. All charges for electric energy shall be due and payable 15 days after the date of the bill. If not so paid, they shall become delinquent and service may be disconnected. If a consumer violates city rules and regulations or fails or neglects to pay the amount due each month, within ten days after the delinquent date, service may be discontinued. Prior to shutting off service, the city shall notify the consumer in person or by mail of the intended shut-off. If the amount due is not paid before the scheduled shut-off date, the city shall not be obligated to give or provide any further notice prior to discontinuing the service and shall not be liable to the consumer upon the discontinuance for non-payment as set out in this code. Any consumer whose service has been disconnected shall not have his or her service reinstated until the full amount of the delinquent utilities have been paid or payment contract executed. In addition, the consumer shall pay a service fee to be fixed by Council resolution for failure to pay, reinstatement, and/or service connection. The City Manager or designee may refuse service until all unpaid charges for electric service have been paid.
   (E)   Meter tampering. Where no meter has been installed or electric service has been discontinued by the city for any reason, no person or persons except authorized agents of the city may reinstate said service. Costs incurred to remedy meter tampering shall be set by Council resolution as stated in § 51.02(B).
   (F)   Liens. All unpaid charges shall be a lien in favor of the city upon each lot or parcel of land or other property served and shall be collected as other liens of the city are enforced.
   (G)   Advance payment. Before electric service is furnished to any residence, store, warehouse, or commercial or industrial enterprise, the City Manager or designee may require an advance payment as follows.
      (1)   Residence. In a sum sufficient to compensate the city in the estimated amount of the first two months’ charges or single largest month, whichever is less for electric services.
      (2)   Store, warehouse, or commercial or industrial enterprise. In a sum sufficient to compensate the city in the estimated amount of the first month’s charges for electric services.
      (3)   The advance payment will be held for one year. If there are no delinquencies on the account, the advance payment will be refunded. If there are credit problems with the account after one year, the advance payment will be held until the customer has 12 consecutive months without a delinquency. In the event full payment is not received and service is disconnected, the advance payment will be applied to the final charge.
(Prior Code, § 4.210)  (Ord. 1996-11, passed 10-14-1996)