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§ 51.14 RECONNECTION OF NATURAL GAS SERVICES AND ASSOCIATED FEES AND COSTS.
   (A)   A hook-up or reconnection fee shall be charged by MNG for any service where a request has been made for cut-off or discontinuation of services or where the occupant has caused the gas meter to be removed. The customer shall pay a fifty-dollar ($50.00) connection fee for initial turn-on or connect for each meter service requested in his or her name (water or gas). Customers shall pay a seventy-five-dollar ($75.00) reconnect fee when the service was disconnected due to non-payment. When reconnection is requested during the fall after being disconnected at the request of the customer for non-heating months, the reconnection fee shall be fifty dollars ($50.00). Customers will be exempt from the fifty-dollar ($50.00) connect fee per meter when a read and transfer work order is requested for new services. A returned payment service charge of fifty dollars ($50.00) will be assessed for checks returned by a bank or other financial institution for nonpayment. If the service is disconnected due to tampering with the metering equipment or intentional destruction of metering equipment, the actual cost of repair and reconnection shall be charged prior to service restoration.
   (B)   All such service reconnection or meter hook-up fees shall be established by the Director of Finance and Murray Natural Gas based upon cost of material, labor and equipment, and shall be approved by the City Council. All such service reconnection fees or meter hook-up fees shall be paid by 3:30 p.m. on the day service is to be restored or the service will not be restored until the next business day.
(Ord. 2022-1837, passed 12-8-22; Am. Ord. 2023-1856, passed 12-14-23)
§ 51.15 CONTROVERSIES.
   The Field Operations Manager, in his or her sole and absolute discretion, shall decide all controversies which may arise under this chapter. Should the decision be contested or appealed, the Director of Public Works shall have the final rule on the controversy. The customer may request a hearing before the city’s Appeals Board.
(Ord. 2022-1837, passed 12-8-22)
§ 51.16 OTHER COMMERCIAL GAS.
   The city does not install or support the utilization of any fuel gas, other than natural gas, within the city. Murray Natural Gas shall not be responsible or liable for testing or evaluating any type of gas other than natural gas, within MNG's gas service territory. Those customers desiring to convert from an unsupported fuel gas to natural gas must engage a licensed and certified gas professional to redesign the customer's piping in accordance with the provisions of NFPA 54, ANSI Z223.1 National Fuel Gas Code, all federal and state rules and regulations, and this chapter.
(Ord. 2022-1837, passed 12-8-22)
SERVICE RATES AND OPERATING CHARGES
§ 51.20 GENERAL RATES AND PAYMENT FOR SERVICES.
   (A)   Monthly gas charges. Monthly gas charges to customers of Murray Natural Gas System are based on a facility charge and base rate that include the costs of providing the service, labor, maintenance, debt service and other operational costs, and a commodity charge that includes the cost of the natural gas, the interstate fuel and transportation charges, distribution charges and any loss and unaccounted for expenses per one thousand (1,000) cubic feet of gas.
   (B)   Distribution charge. The distribution charge is applicable to each one thousand (1,000) CUFT of gas sold and represents the portion of customer's retail rate that allows Murray Natural Gas System to recover distribution and operational costs incurred.
   (C)   Gas cost charges. (Purchased Gas Adjustment "PGA") Any change in the cost of gas to the city, including but not limited to commodity charges, fuel costs and transportation fees, shall automatically be reflected by a like change in the rates per one thousand (1,000) CUFT charged hereunder by the city to its customers without further action by the City Council. However, such increase or decrease shall not become effective until a change of at least one cent ($0.01) per one thousand (1,000) CUFT would be effectuated. These charges in cost of gas are referred to as Purchased Gas Adjustment and are made to the monthly base rate in each customer category rate schedule per each customer class once a month.
   (D)   The monthly charge to customers of the Murray Natural Gas System shall be as follows:
(A) Rate G-1. General Sales Service
Service monthly charge (no gas usage)
 
   Residential:
-
      Inside city limits
$10.00
      Outside city limits
$15.00
   Small and medium commercial:
-
      Inside city limits
$13.50
      Outside city limits
$18.50
   Distribution and Gas Cost Charges (PGA) Rate per each 1,000 CUFT
-
   Distribution charge:
$2.80
   Gas cost charge (PGA) per each 1,000 CUFT
   (Monthly gas cost charges are subject to Purchase Gas Adjustment provision)
 
(B) Rate LCI-F. Large Commercial or Industrial - Firm
   Service charge monthly (no gas usage):
-
      Inside city limits
$80.00
      Outside city limits
$120.00
   Distribution and Gas Cost Charges (PGA) Rate per each 1,000 CUFT
 
   Distribution charge:
 
      First 10,000 mcf:
$0.95 per 1,000 CUFT
      Over 10,000 mcf:
$0.70 per 1,000 CUFT
   Gas cost charges (PGA) per each 1,000 CUFT
   (Monthly gas cost charges are subject to Purchase Gas Adjustment Provision)
 
(C) Rate LCI-I. Large Commercial or Industrial - Interruptible
   Service charge monthly (no gas usage):
-
      Inside city limits
$80.00
      Outside city limits
$120.00
   Distribution and Gas Cost Charges (PGA) rate per each 1,000 CUFT
 
   Distribution charge:
 
      First 10,000 mcf:
$0.85 per 1,000 CUFT
      Over 10,000 mcf:
$0.60 per 1,000 CUFT
   Gas cost charge (PGA) per each 1,000 CUFT
 
   (Monthly gas cost charges are subject to Purchase Gas Adjustment Provision)
 
 
   (E)   Rate T-1 Transportation Service includes a service charge of three hundred dollars ($300.00) monthly inside or outside the city limits (no usage-base rate) and a rate per each one thousand (1,000) CUFT cubic feet of one dollar ($1.00). The Transportation Rate T-1 schedule is available to any customer contracting for gas transportation of not less than one thousand (1,000) mcf usage per day.
 
Service charge monthly inside or outside city limits (no usage base rate)
$300.00
Rate per each 1,000 CUFT
$1.00
Transportation Rate (T-1) rate schedule is available to any customer contracting for gas transportation of not less than 1,000 mcf usage per day.
 
   (F)   A five percent (5%) penalty will be added to all bills if not paid within ten (10) days after the date of bill.
   (G)   Tap-on fees. New customers having service through a residential one-inch service line shall pay in advance, the following tap-on fee:
      (1)   New customer not requiring service line. One hundred and twenty-five dollars ($125.00).
      (2)   New customer inside city limits, requiring no more than one hundred (100) feet service line or no more than one hundred (100) feet distribution line extension. Three hundred and seventy-five dollars ($375.00).
      (3)   New customer outside city limits, requiring no more than one hundred (100) feet service line or no more than one hundred (100) feet distribution line extension. Five hundred dollars ($500.00).
      (4)   New customer requiring in excess of one hundred (100) feet distribution line extension is charged appropriate tap-on fee listed above plus three dollars ($3.00) per foot in excess of one hundred (100) feet for either or both service line or distribution line.
(Ord. 2022-1837, passed 12-8-22)
§ 51.21 ADJUSTMENT FOR RATE INCREASES.
   The rate schedules adopted by the city are based upon operational costs, including, but not limited to, the costs of providing the service, labor, maintenance, debt service, and commodity costs, including, but not limited to, the cost of natural gas, interstate fuel and transport, cost, distribution charges, and any loss and unaccounted for expenses per one thousand (1,000) CUFT of gas. Adjustments to the rate schedule will be made by the city to include the effect of commodity increases or decreases, and such adjustments shall automatically become part of the applicable rate schedule. All rate adjustments, other than the Purchased Gas Adjustment, must be approved by the City Council. Rate schedules may be reviewed upon request at Customer Service, Murray Municipal Utilities, Office of City Clerk, or at the Department of Public Works and Utilities/Gas on Andrus Drive.
(Ord. 2022-1837, passed 12-8-22)
§ 51.22 EMERGENCY SITUATIONS.
   The city, at its sole and absolute discretion, manages all emergency situations with the natural gas supply. If the Mayor declares a state of emergency associated with the city's gas systems, such that there is a limited gas supply, distributions to customers will be managed by emergency guidelines established by the Mayor and Murray Natural Gas. These natural gas emergency guidelines, in the sole and absolute discretion of the city and Murray Natural Gas, shall be implemented to handle any situations where the natural gas supply may be limited.
(Ord. 2022-1837, passed 12-8-22)
§ 51.99 PENALTY.
   (A)   In determining the amount of a civil liability, all relevant circumstances shall be considered, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the customer's violation, corrective actions by the customer, the compliance history of the customer and any other factors as justice requires. In addition to the above described penalty and damages, the city may recover reasonable attorney's fees, expert witness fees, court costs, and other expenses associated with enforcement activities.
   (B)   Any person who shall violate any provision of this code or standard hereby adopted or fail to comply therewith; or who shall violate or fail to comply with any order made hereunder; or who shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder; or fail to operate in accordance with any certificate or permit issued hereunder, and from which no appeal has been taken; or who shall fail to comply with such an order as affirmed or modified by a court of competent jurisdiction, within the time fixed herein; shall severally for each and every such violation and noncompliance, respectively, be guilty of a civil offense or a criminal offense as the case may be. Violations of the provisions of this chapter shall be heard by the Murray Code Enforcement Board, should the violator request a hearing, and shall subject the offender to a civil penalty not to exceed five hundred dollars ($500.00), which may be recovered in a civil action in the nature of debt if the offender does not pay the penalty within the time period prescribed by the Code Enforcement Officer or the Code Enforcement Board. Each day that the violation continues shall constitute a separate and distinct offense.
   (C)   A fine of not less than two hundred and fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) may be levied for maliciously or willfully breaking, damaging, destroying, uncovering, defacing or tampering with any structure or equipment which is a part of Murray Natural Gas. Each day that the violation continues shall be a separate and distinct violation.
   (D)   The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions by the city. Should the city be required to correct or remedy any violation or defect, the customer shall be billed for all repair work, including, but not limited to, labor, materials, and supplies. Each day that the prohibited conditions are maintained shall constitute a separate and distinct offense.
   (E)   Failure to maintain current state licensure as a licensed gas professional and intentional failure to notify the city of such failure shall subject the licensed gas professional to the penalty of perjury under KRS 523.030.
   (F)   Should the licensed gas professional's license be suspended, revoked or not renewed, and the licensed gas professional fail to notify Murray Natural Gas, such suspension, revocation or non-renewal shall subject the offender to a civil penalty not to exceed two hundred and fifty dollars ($250.00) for each such offense, which may be recovered in a civil action in the nature of debt if the offender does not pay the penalty within the time period prescribed by the Code Enforcement Officer or the Code Enforcement Board, should the offender request a hearing.
   (G)   In addition, the business license of any licensed gas professional who may be installing natural gas customer piping, appliances, equipment and/or fixtures, and who fails to comply with the provisions of this chapter may be revoked or not renewed by the city.
(Ord. 2022-1837, passed 12-8-22)