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§ 38-1-7 REFUSAL OF SERVICE.
   The Director of Public Works reserves the right to refuse or reject any application for service in any of the following situations:
   (A)   Where the applicant does not furnish such guarantee or make the necessary deposits or contributions required under the provisions of these rules, or any other provision hereof;
   (B)   Where service to the applicant would involve extraordinary hazards to the Electric Department's employees or equipment, other customer(s), or to the public;
   (C)   Where service would contravene law, including orders or regulations of lawfully constituted public agencies;
   (D)   Where it is apparent at the time of application that service would be used in an illegal manner or for furtherance of an illegal purpose;
   (E)   Where the applicant owes the Electric Department for service furnished to the applicant at the same or another address; or
   (F)   When the applicant resides outside the city limits.
(Ord. 1059, passed 3-2-1998)
§ 38-1-8 USE OF SERVICE.
   The following rules of service shall apply:
   (A)   (1)   The Public Works Director, or the representative, may deny service to a customer when, in his or her opinion, the wiring and equipment is unsafe or has objectionable characteristics. However, the city will cooperate with the customer in order to determine the necessary remedial action for such characteristics.
      (2)   All of the customer's lighting equipment, motor-driven equipment, apparatus, and appliances shall have such characteristics or be equipped with corrective devices so as to enable the city to maintain a satisfactory standard of electric service. In the case of high motor starting current, violently fluctuating or intermittent loads, and the like, the Electric Department reserves the right and shall have the right to require the customer to install, at the customer's expense, transformers and apparatus to correct the objectionable conditions. These cases may include welders, hoists, elevator motors, pumps, and similar apparatus.
   (B)   When a separate or oversized substation or transformer must be installed specifically to eliminate the effect of the objectionable load characteristic, and the distribution system would otherwise have the capacity and equipment required to supply a normal load service of the same size, or where separate transformers and/or services are installed at the customer's request, to supply apparatus which may be abnormally sensitive to voltage, the cost of such substation or transformer is considered a corrective device under division (A) of this section, and shall be provided at the customer's expense.
   (C)   The Electric Department retains rates that are applicable to industrial and commercial services which are based on all such customers maintaining a power factor of not less than 85% lagging. In the event a customer's power factor is less than 85% during periods of normal operation, the Electric Department reserves the right to require the customer to install, at his or her own expense, such corrective equipment as may be required to increase the customer's power factor to not less than 85%.
   (D)   When a customer fails to install the necessary facilities on his or her premises to correct the objectionable conditions of his or her load or fails to prevent such objectionable conditions from interfering with the Electric Department's supply of satisfactory service to other customers, the Electric Department shall have the right to deny service to such customer until the objectionable conditions shall have been corrected in a manner satisfactory to the Electric Department.
   (E)   Where corrective equipment is installed by the Electric Department on its distribution system to correct any objectionable conditions, the customer whose service caused the objectionable conditions will be required to pay the Electric Department, without refund, the installed cost of such corrective equipment, which said corrective equipment shall remain the property of the Electric Department. In lieu of such payment, and subject to approval by the Electric Department, a customer may elect to pay a monthly charge equal to 1.25% of the installed cost of such corrective equipment installed by the Electric Department.
(Ord. 1059, passed 3-2-1998)
§ 38-1-9 CLASSIFICATION OF CUSTOMERS.
   (A)   A customer or unit of service shall consist of any aggregation of space, or area occupied for a distinct purpose such as a house, apartment, flat, store, office, factory, and the like, which is equipped with one or more fixtures for rendering service separate and distinct from other users. The public portions of buildings, such as hallways, toilets, and the like, may be treated separately, depending on the requirements. Customers, in general, are classified as residential or nonresidential.
   (B)   Residential. A RESIDENTIAL CUSTOMER is defined to include each separate house, apartment, flat or other living quarters occupied by a person or persons constituting a distinct household and using energy for operating household appliances. Residence use may be extended to include the use of energy for buildings which are adjacent to, connected with, and used exclusively by the residence being served. In a multi-unit building, a separate electric meter shall be installed for each such dwelling or unit.
   (C)   Nonresidential customers. A NONRESIDENTIAL CUSTOMER is defined to include each separate business enterprise, occupation, or institution taking service through a single meter, occupying for its exclusive use any unit or units of space as an entire building, entire floor, suite of rooms or a single room; or, any customer not fitting into residential as defined above. A separate electric meter shall be installed for each commercial unit in a multi-unit building. In general, this nonresidential class is subdivided as follows:
      (1)   Single-phase service.
      (2)   Three-phase service.
   (D)   Special contracts. The Electric Department reserves the right to enter into special contracts. In deciding whether to enter into a special contract, the Electric Department will consider the overall economic impact the customer is expected to have on the Electric Department and the overall economic impact the customer is expected to have on the city.
(Ord. 1059, passed 3-2-1998; Am. Ord. 1714, passed 2-6-2017)
§ 38-1-10 ESTABLISHMENT OF CREDIT.
   (A)   For purposes of this section, a customer whose service has been disconnected for non-payment shall be deemed an applicant. If any applicant who was a previous customer has failed to pay the Electric Department for past due electric service, the Electric Department may refuse to provide service unless the applicant pays any past due bill and pays the required deposit.
   (B)   If any new applicant for nonresidential service fails to establish satisfactory credit with the city, the Director of Public Works may refuse to provide service unless the applicant pays the required deposit.
(Ord. 1059, passed 3-2-1998)
§ 38-1-11 DEPOSIT RELATED TO TIMELY PAYMENT OF BILLS.
   (A)   Deposit limitations. Deposits requested by the Electric Department shall be subject to the following limitations:
      (1)   For residential service such deposit will be an amount of $125, due upon application. Failure to comply with timely payment of bills or for recurring disconnection may give the Electric Department grounds for requiring a 100% increase in the required deposit amount.
      (2)   For nonresidential service such deposits may be an amount twice the average monthly service billing.
   (B)   Deposit refund. Any deposit required by the Collector and held by the city with respect to electric service, shall be refundable after one year of non-delinquent payment for all electric charges, or upon termination of service to the customer, if all bills have been paid and the city is satisfied that all its meters and other equipment, if any, on the customer's premises have been left accessible and undamaged. If service is terminated, the deposit less any outstanding charges will be refunded to the customer. No interest shall be paid on the deposit.
   (C)   Transfer of service. If a deposit has been required and there has been one year of non-delinquent payment for all electric charges as required by this chapter, such a customer shall not be required to make the deposit required by this section upon transfer of electric service for such customer from one service location to another service location, so long as there has not been any interruption of service to such customer for a period greater than six months.
   (D)   Additional service. If a deposit has been required and there has been one year of non-delinquent payment for all electric charges as required by this chapter, such a customer shall not be required to make the deposit required by this section upon application for an additional service location if such customer is receiving electric service from the city at the time of such application.
(Ord. 1059, passed 3-2-1998; Am. Ord. 1145, passed 6-26-2000)
§ 38-1-12 APPLICATION OF RATES.
   The rate schedules apply when electricity is furnished in any one month to one customer at one location for a class of service through one meter. The rate schedules are based on delivery and billing service to the ultimate user for retail service and do not permit resale or distribution.
(Ord. 1059, passed 3-2-1998)
§ 38-1-13 EXTENSION OF SERVICE REQUIRING CUSTOMER CONTRIBUTION.
   Each request for new service which requires a customer contribution as specified in these electric service rules and regulations will require the customer to enter into a written agreement pertaining to the terms of the contribution. Such contribution shall be payable before acceptance of final plat.
(Ord. 1059, passed 3-2-1998)
PART B: MAINTENANCE OF SERVICE
§ 38-1-14 CONTINUITY OF SERVICE.
   (A)   The Electric Department will use reasonable care to provide an uninterrupted and regular supply of service to its customers. It does not assume direct liability for losses or damage to persons or property due to its service, or as a result of failure of the service, interruption or variation because of an act of God, labor strike or any causes beyond the Electric Department's control.
   (B)   The Electric Department reserves the right to curtail or temporarily interrupt the customer's service when necessary to make repairs, replacement or changes to the Electric Department's facilities either on or off the customer's premises. The Electric Department will make an effort to notify customers of a planned interruption of service in advance by use of the local news media.
(Ord. 1059, passed 3-2-1998)
§ 38-1-15 BILLING FOR SERVICE.
   (A)   Regular.
      (1)   Bills for service will be rendered monthly unless otherwise specified.
      (2)   The term MONTH, for billing purposes, will be the period between any two consecutive readings of the meters by the Electric Department, such readings to be taken as nearly as practicable every 30 days. All bills for service shall be computed in accordance with the provisions of the Electric Department's electric rate schedules effective at the time of rendering service.
   (B)   Budget payment plan.
      (1)   A budget payment plan is available to all qualifying customers. A budget payment plan may be established at any time of the year. The monthly budget amount shall be calculated by the Collector on the basis of the estimated consumption and estimated applicable rates through the end of the budget year (May 1 through April 30). Customers who have arrears shall not be allowed to establish a budget payment plan until their account has been without arrears for 12 consecutive months.
      (2)   An applicant for a budget plan shall be informed at the time of application that budget amounts shall be reviewed and changed every 12 months, if necessary, in order to reflect current circumstances. Adjustments to the budget amount will be made with the objective that the customer's under-billed or over-billed balance at the end of the budget year shall be less than one month's budget amount. Customers on the budget payment plan shall be notified of adjustments through either a bill insert or message on the bill. When an adjustment is made to a budget payment amount, the customer will be informed of the adjustment at the same time the bill containing the adjustment is rendered.
      (3)   At the end of a budget year, if an under-billed or over-billed balance exists in a customer's account, the balance shall be handled as follows:
         (a)   A customer's debit balance will be paid in full, or the monthly budget amount, whichever is greater.
         (b)   A customer's credit balance will be applied against the customer's account or, at the customer's option, a refund shall be made.
      (4)   If a budget payment is not paid, the customer shall be notified with the next billing that if proper payment is not received subsequent to this notification, the next regular billing may cause the removal of the customer from the budget plan and discontinuance of service.
   (C)   Estimated bill.
      (1)   In case any meter shall stop or for any reason fail to integrate properly, or upon failure to read the meter, the Collector may estimate the monthly bill for electric energy. Whenever possible, estimated bills will be based on the same month of the prior year.
      (2)   The Electric Department will endeavor to make an actual reading of the customer's meter at least every second billing period. A $25 service charge will apply if the customer does not allow the utility meter to be accessible after two consecutive billing periods in which an estimated bill has been rendered. The Collector may render an estimated bill for any billing period in which:
         (a)   The Electric Department has taken appropriate and reasonable measures to read the customer's meter.
         (b)   The customer has knowingly and willfully denied reasonable access to the Electric Department's representative for the purpose of taking an actual meter reading.
         (c)   The customer has otherwise made an actual meter reading unnecessarily difficult.
         (d)   Circumstances beyond the Electric Department's control make an actual meter reading extremely difficult.
      (3)   Only in unusual cases will more than two consecutive estimated bills be rendered.
   (D)   Billing for fractional month service. When a customer commences or discontinues service between regular monthly meter reading dates, the Collector will bill the customer as closely as possible to the date of disconnect.
   (E)   Failure to receive bill. Failure to receive a bill shall not excuse a customer from his or her obligation to pay within the time specified. Should the city be unable to bill a customer for services used during any month, the billing next made shall include the charges for services used during the unbilled month. A month shall be considered as that period of approximately 30 days.
   (F)   Failure of meters to register properly.
      (1)   In all cases where an Electric Department meter, because of improper adjustment or defective parts, is found to be registering more than plus or minus 3%, the Electric Department will refund or charge the customer the difference between the actual billing and the billing corrected for the error for each month when such over-registration or under-registration is known to have existed. In the absence of definite information, adjustments will be negotiated.
      (2)   In making the adjustments for errors in meter registrations, due consideration will be given to the previous month's consumption, consumptions in similar periods of other years, comparative uses and sizes of connected loads, and any other relevant facts.
      (3)   Any Electric Department meter shall be taken out of service and tested upon complaint of the customer upon payment of a fee of $225. If, upon test, the meter is not within the previously stated tolerance, it shall be repaired or replaced and the testing fee returned to the customer.
   (G)   Diversion of service.
      (1)   Where the Electric Department has reasonable evidence that a customer is obtaining a supply of electricity, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the electric service being delivered to the customer's equipment, the Electric Department reserves the right to estimate and present immediately a bill for service unmetered as a result of such interference, and such bill shall be payable subject to disconnection of service.
      (2)   Any person using electrical energy from the Electric Department without paying therefor, or who shall be found guilty of breaking the seal of any meter or switch, or who shall install wiring, make connections or attach wires for any electric device or appliances to wires in a manner so that electrical energy may be used without being supplied under the terms of this code, shall be guilty of a misdemeanor.
      (3)   The Electric Department will reconnect or continue service to the customer upon the following conditions:
         (a)   The customer will be required to deposit with the Electric Department an amount sufficient to guarantee the amount of the customer's bill for utility service;
         (b)   The customer will be required to pay the Electric Department for any and all damages to its equipment on the customer's premises due to such stoppage or interference with its metering;
         (c)   The customer must further agree to comply with reasonable requirements to protect the Electric Department against further losses.
      (4)   The Electric Department reserves the right to pursue any and all other legal rights against such customer.
   (H)   Vandalism.
      (1)   Any person who shall be found guilty of defacing, injuring or destroying, or in any manner limiting the use of availability of any pole, wire, insulator, fixture, lamp, meter or any property of the Electric Department, or who shall erect signs on the property of the Electric Department without permission shall be guilty of a misdemeanor.
      (2)   No customer or other person shall repair or remove any meter or break any seal without the authority from the Electric Department, nor tamper with or interfere with the integration of any meter.
      (3)   Employees of the Electric Department shall have the right to enter upon all premises served by the said Electric Department for the purpose of reading meters, inspection of meters, connections, and wiring in order to ascertain whether or not all electric energy is being properly metered, and for any other purpose that may be necessary to maintain proper service.
(Ord. 1059, passed 3-2-1998; Am. Ord. 1651, passed 9-16-2013)
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