§ 54.11 MANNER OF SUPPLYING SERVICE.
   (A)   City liability. The city supplies electric energy upon the express condition that it becomes the customer's property after it passes the delivery point, and the city shall not in any event be liable for loss or damage to any person or property resulting directly or indirectly from the use, misuse or presence of electric energy on the customer's premises, or elsewhere after it passes the delivery point to the customer.
   (B)   The city will supply.
      (1)   Electric service only under and pursuant to these service standards and any modifications or additions made from time to time, and the applicable rate schedules in effect.
      (2)   Conditions of service not covered in the rate schedules or these service standards will require a special service agreement between the city and the customer.
   (C)   Service interruptions.
      (1)   The city shall not be held liable for service interruptions or changes in service characteristics due to accidents; necessary repairs and adjustments; burnouts; fire, flood, actions of the elements; strikes, riots, war; service limitation, curtailment or discontinuance resulting from shortages or inadequate supply; compliance with any government order or regulation; or to any cause beyond the city's control other than the city's willful neglect.
      (2)   The city shall use reasonable diligence to maintain continuous service and, in event of interruption or change in service characteristics, to restore normal service as quickly as possible.
   (D)   Disconnection for repairs.
      (1)   The city reserves the right to discontinue service for the purpose of making repairs, betterments or extensions on any part of its lines, machinery, plant or system, without notice to customers.
      (2)   The city will strive to restrict service disconnection to times when it will cause the least inconvenience to the customers, and if possible, will notify the customers in advance of disconnection.
      (3)   The city will not be held responsible or liable for any injury or damage suffered directly or indirectly by the customer, or any agent or employee of the customer, because notification was not given to the customer of the service disconnection in order to make repairs, betterments or extensions.
   (E)   Construction delays.
      (1)   The city's obligation to deliver energy to the customer is subject to securing and retaining all necessary rights, privileges, franchises and permits, and to the city's ability to obtain or supply the necessary materials and equipment to enable it to make the service connection to the customer.
      (2)   If the city is obstructed or delayed by the reason of strikes, floods, fires or any other reason beyond its control, in constructing or extending its facilities for supplying current to the customer, the city shall not be liable to the customer for any damage or losses resulting therefrom.
      (3)   The city will make every reasonable effort to remove and overcome the causes of delay and complete the construction or extension at the earliest practical time.
   (F)   Landlord's consent.
      (1)   If the prospective customer is not the owner of the premises or of the property between the prospective customer's premises and the city's lines, the prospective customer shall obtain from the property owner the necessary consent for the city to install and maintain on the premises and on or about the intervening property, all poles, wires or other electrical equipment as necessary or convenient for supplying electricity to the customer.
      (2)   The customer shall also obtain the necessary permit or permits to allow the city's employees to cross and access the premises for the purpose of inspecting, repairing, adjusting or removing the city's service wires, meters, appliances or other equipment.
   (G)   Discontinuation of service.
      (1)   Service may be refused or discontinued for any of the reasons listed below.
      (2)   Unless otherwise stated, the customer shall be allowed a reasonable time in which to comply with the rule before service is discontinued.
      (3)   A disconnection charge pursuant to § 50.05(D) will be made when service is discontinued for any reason stated in this division.
      (4)   Service may be refused or discontinued:
         (a)   Without notice when the utility determines a hazardous condition exists;
         (b)   Without notice when a customer uses equipment in a manner so as to adversely affect the utility's equipment or the utility's service to others;
         (c)   Without notice when the equipment furnished and owned by the utility has been the object of tampering;
         (d)   Without notice when there is unauthorized use;
         (e)   For violation of and/or noncompliance with the city's policies and standards on file at City Hall;
         (f)   For customer's failure to fulfill his or her contractual obligations for service and/or facilities;
         (g)   For customer's failure to permit the utility reasonable access to its equipment;
         (h)   For nonpayment of bill pursuant to § 50.06(G);
         (i)   For customer's failure to provide the utility with a deposit pursuant to § 50.06(C); and/or
         (j)   For customer's failure to furnish service equipment, permits, certificates and/or rights-of-way necessary to serve the customer and specified by the utility as a condition to obtaining service, or for withdrawal or termination of the equipment or permission.
   (H)   Insufficient reason for discontinuation of service. The following shall not constitute sufficient cause for service refusal to a present or prospective customer:
      (1)   Delinquency in service payment by a previous occupant of the premises to be served;
      (2)   Failure to pay for a different type or class of public utility service;
      (3)   Failure to pay the bill of another customer as guarantor thereof;
      (4)   Failure to pay a back bill issued in accordance with § 54.14(I); or
      (5)   Failure to pay adjusted bills based on the undercharges set forth in § 54.14(I).
(1987 Code, § 304.11)