CHAPTER 927
Public Utilities Generally
Public Utilities Generally
927.01 Service contracts; sale of natural gas and electricity on the open market without advertisement for bids; economic development subsidies.
927.02 Security for utility payment.
927.03 Misuse of name.
927.04 Monthly meter reading or estimate.
927.05 Computing the reading.
927.06 Billing.
927.07 Late charges; delinquent utility bill; disconnection of service.
927.08 Qualified payment plan for certain utility consumers.
927.09 Rules and regulations.
927.10 Service outside City.
927.11 Tampering with utilities property.
927.12 Unauthorized taking of service.
927.13 Prohibition of the resale of or surcharge for utility services.
927.14 Fine; restitution.
927.15 Utility Appeals Board.
927.16 General Fund operations of the Municipality to be exempt from fees for water and wastewater service and to be charged modified fees for gas service.
927.17 Single house meters for multi- family residential structures.
927.18 Meter access and location.
CROSS REFERENCES
Criminal mischief - see GEN. OFF. 541.04
927.01 SERVICE CONTRACTS; SALE OF NATURAL GAS AND ELECTRICITY ON THE OPEN MARKET WITHOUT ADVERTISEMENT FOR BIDS; ECONOMIC DEVELOPMENT SUBSIDIES.
(b) The Executive Director, or his or her designee shall have the power to enter into contracts for opportunity sales of surplus natural gas (including contracts for natural gas) and transportation capacity, and the power to enter into contracts for opportunity and other sales of surplus electricity (including contracts for electricity), whether generated or purchased, and for the sale and disposal of ash and other by-products from the generation of electricity, surplus coal and transportation capacity, in each case on the open market without the advertisement for bids, subject to the following conditions:
(1) The terms of the proposed contract shall have been approved by the City Manager.
(2) The request for such approval shall have been accompanied by the recommendation of the Executive Director.
(3) The annual aggregate quantity of any such sales of electricity shall not exceed 30 MW on an annual basis, without the prior approval of Council.
(4) The duration of any such contract shall not exceed one year, and
(5) The authority for all such contracts for the sale of electricity and natural gas is subject to all applicable limitations imposed by the Ohio Constitution on the authority to dispose of surplus gas and electricity.
Council shall receive a report from the City Manager not less frequently than annually on such sales.
(c) The Executive Director, or his or her designee may, by contract with a consumer authorized by resolution of the City Council on the recommendation of the City Manager, for the purpose of fostering economic development within the City, provide subsidies in the form of rebates of portions of the charges for product or service of any of the City's utilities provided in the Codified Ordinances. Such rebates shall be only for the period and to the extent authorized by such resolution and payment shall be conditioned on the achievement of the goals and on the schedule and other terms specified in such contract.
(d) Any request to the City Manager for consideration for approval by the City Manager of, or for submission by the City Manager to the City Council for its approval of, a proposed contract for utility product or services pursuant to the Codified Ordinances shall include the recommendation of the Executive Director and, if such proposed contract provides for any rebate for the purpose of fostering economic development, the recommendation of the City Manager and/or his designated representative with respect thereto.
(Ord. 2018-4-40. Passed 4-11-18.)
(e) The Executive Director, or his or her designee, shall have the power to enter into contracts for opportunity sales of surplus Renewable Energy Credits (RECs) on the open market without the advertisement for bids, subject to the following conditions:
(1) The terms of the proposed contract shall have been approved by the City Manager.
(2) The request for such approval shall have been accompanied by the recommendation of the Executive Director.
(3) The annual aggregate quality of any such sales of RECs shall not exceed the annual generation from the applicable hydroelectric facility, without the prior approval of Council.
(4) The duration of any such contract shall not exceed five (5) years.
(5) Council shall receive a report from the City Manager not less frequently than annually on such sales.
(Ord. 2022-1-4. Passed 1-26-22.)
927.02 SECURITY FOR UTILITY PAYMENT.
The Director of Finance shall, after consideration of such recommendations as the Managing Director of Operations may make, determine in what cases and in what amounts security shall be required to be given by the consumer for the payment for utility products or services of the City's utilities, and shall determine whether such security shall be in the form of a deposit of money or otherwise.
(Ord. 2001-12-124. Passed 12-26-01.)
927.03 MISUSE OF NAME.
No person applying for or obtaining any product or service of the City's utilities shall use the name of another or use any name other than his own or the name under which such person is doing business, together with which such person shall give such person's true name.
(Ord. 2001-12-124. Passed 12-26-01.)
927.04 MONTHLY METER READING OR ESTIMATE.
It shall be the duty of the Managing Director of Operations to cause the meter on every service connected to any of the City's utilities to be read or estimated at intervals of approximately one (1) month by an appropriate City employee or the Consumer, with and at least one such reading in every twelve (12) month's period being made by an appropriate City employee.
(Ord. 2001-12-124. Passed 12-26-01.)
927.05 COMPUTING THE READING.
Whenever the meter for any utility product or service of the City’s utilities is read, it shall be the duty of the Director of Public Utilities to compare the reading so obtained with the next previous reading and to compute the proper charge to be billed to the consumer. As used in this Section 927.05, the term “bill adjustment” means a charge added to a customer’s bill or bills by the Director of Public Utilities in order to recoup undercharges for utility service consumed by the customer during past billing periods. Whenever a meter reading is not available and whenever any meter has for any reason ceased to register, or to register accurately within three percent (3%), then the Director of Public Utilities shall estimate the amount of product used or service rendered, and such estimate shall be the basis for computing the bill for such period and the basis on which either a bill adjustment action or a refund action shall be determined. Any such refund shall be limited to the preceding twelve (12) month’s period. The Director of Public Utilities shall make an estimate of the amount of product consumed or service rendered and such the period between two consecutive readings shall, for the purpose of computing charges, be taken to be a month. Notwithstanding the foregoing, if the meter readings are not indicative of the consumer’s actual product or service usage due to unauthorized taking of service, the Director of Public Utilities shall estimate both the amount of product used or service rendered and the time period during which the unauthorized taking occurred and compute an appropriate bill adjustment for such entire period. When a billing error due to any cause within the City’s control, including without limitation mis-assignment of meters or rate classifications, erroneous meter reading translation, meter misapplication, meter misregistration or any other cause actually or apparently attributable to action or inaction by the City, is discovered, the Director of Public Utilities may issue a refund or bill adjustment in the amount of any overpayment or underpayment. Any refund or bill adjustment for customers who were over- or under-billed shall be determined by the Director of Public Utilities, shall be limited to the shorter of the period during which the billing error occurred (if such period can be determined with reasonable certainty) or a period not to exceed 48 months; and no interest shall be due from either the City in connection with a refund or from the customer in connection with a bill adjustment.
(Ord. 2011-8-74. Passed 8-24-11; Ord. 2017-7-79. Passed 7-12-17.)
927.06 BILLING.
(a) Each bill shall include the charges due for all products and services of the City's utilities that are delivered or provided to the consumer. Upon receipt, payments shall be proportionately divided among the City's utilities. Each bill shall be dated as of its date of mailing and the total amount thereof shall be payable within 20 days from such mailing date.
(b) Each bill shall contain a notice of the last date on which it is payable without a late payment charge and a statement setting forth the charges which will be due for late payment as provided by Section 927.07.
(Ord. 2001-12-124. Passed 12-26-01.)
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