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§ 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)
§ 38-1-16 CONSOLIDATED BILL; LATE PAYMENT PENALTY.
   Bills for all utility services, which presently include electric, gas, water and sewer services, and for garbage and refuse collection, shall be consolidated and mailed to all users of such services on or about the fifteenth day of each month following the month during which services were used. Full payment of all bills shall be due and payable on or before the fifth day of the next month. If a bill is not paid on or before said date, a penalty equal to 10% of the total amount due on the current total utility and garbage and refuse collection bill, exclusive of taxes, will be added thereto for each month or part thereof, commencing with the calendar month for which services were rendered and billed.
(Ord. 1214, passed 12-17-2001)
PART C: DISCONTINUANCE OF SERVICE
§ 38-1-17 DISCONNECTION OR REFUSAL OF SERVICE.
   The city reserves the right to discontinue electric service to any premises due to the following reasons:
   (A)   Nonpayment of any charges for services at their current premises or their prior premises.
   (B)   Where the owner or tenant of the premises has been found guilty of a violation of any of the provisions of this chapter, or if a danger, hazard or unsafe condition exists.
   (C)   Violation of the Electric Department's rules and regulations pertaining to the use of service in a manner that interferes with the service of others, or the operation of non-standard equipment, if the customer has first been notified and provided with reasonable opportunity to remedy the situation.
   (D)   Diversion of service around the meter.
(Ord. 1059, passed 3-2-1998; Am. Ord. 1209, passed 12-26-2001; Am. Ord. 1499, passed 12-1-2008)
§ 38-1-18 PROCEDURE FOR DISCONNECTION OF CITY UTILITY SERVICES.
   City officers and employees shall follow the following internal procedures for disconnection and reconnection of city utility services for city customers, hereinafter referred to as “utility customer”, who are in default on payment of their utility charges or other obligations for utility services, or who are in violation of the city's regulations regarding the use of city utility services.
   (A)   Notice of termination. If the utility charges are not paid by a date fixed by the Collector of the city in the shut-off notice, which date shall not be less than ten days from the date of said notice, or if the utility customer is in violation of any of the ordinances, rules or regulations of the city with regard to city utility services, the city may discontinue such service after the city mails a written notice to the utility customer by certified mail or by first class U.S. mail, or personally delivers the notice to the utility customer or posts a notice on the premises to be disconnected of the city's intention to discontinue utility services. The form of the shut-off notice shall be prepared by the Collector of the city, hereinafter referred to as “Collector”. If the utility customer is not the owner of the premises served according to the city's records, said written notice may also be mailed to the owner of the premises if such owner's name and address have previously been filed with the Collector for the purpose of receiving such notices. The notice shall state the utility charges and the date the delinquent bill is due or, if applicable, the ordinance, rule or regulation which is alleged to have been violated. The utility customer may contact the Collector for resolution of any complaint in case a dispute concerning the amount due or other problems with the account exist, and the utility customer is entitled to appeal any decision of the Collector on any complaint and have a hearing on such appeal before the City Utility Disconnect Committee of the City Council, hereinafter referred to as the “Committee”.
   (B)   Administrative resolution. If, prior to disconnection of service, a utility customer calls, visits or writes the Collector complaining of an overcharge or other problem with the account, the Collector shall do one or more of the following:
      (1)   Render a decision within seven days from the date or receipt of a utility customer's written complaint and stay termination of services until the Collector renders a decision or until all appeals are exhausted, whichever is later;
      (2)   Cause an investigation, including but not limited to a meter reading at the subject premises to investigate possible errors in billing, leaks and connections;
      (3)   Establish a written credit plan in cases of proven financial difficulties by the utility customer;
      (4)   If the Collector finds merit to the dispute, the Collector shall make an adjustment of the utility customer's bill;
      (5)   If the Collector finds that the dispute has no merit, the Collector shall communicate that decision to the utility customer by certified mail or by first class U.S. mail or personal notice to the utility customer or by posting of the decision on the premises to be disconnected. The notice of the decision shall specify that if the utility charges are not paid or the utility customer does not appeal the decision on or before seven days from the date of mailing, posting or delivery of said notice, the service shall be discontinued.
   (C)   Appeal hearing. Any utility customer may appeal the decision of the Collector to the Committee within seven days of the date of the mailing, posting or delivery of the decision of the Collector. If the utility customer requests a hearing, the hearing date shall be scheduled for a regular or special meeting of the Committee. The hearing date and time shall be confirmed by first class U.S. mail. At such hearing, the utility customer shall have the right to appear at the hearing in person and with a representative of his or her choice, to present evidence in his or her own behalf and to examine any evidence which the city might introduce. The Committee may conduct its own investigation of the utility customer's complaint and may present any evidence with respect thereto at the hearing. Within seven days after the conclusion of the hearing, the Committee shall render a decision on the utility customer's complaint. Such decision shall be communicated to the utility customer by certified mail or by first class U.S. mail, by personal delivery or by posting notice of the decision on the premises to be disconnected. If the decision is unfavorable to the utility customer, notice of the decision shall specify that if the utility charges are not paid or the violation is not abated on or before seven days from the date of the service of the notice, the service shall be disconnected.
   (D)   Credit extension. 
      (1)   When a utility customer's utility charges are in arrears because of financial difficulties proven to the satisfaction of the Collector, or the Committee in case of appeal, and the utility customer has not defaulted on a previous credit extension, upon request to the Collector or the Committee, a credit extension may be given by the Collector or the Committee to the utility customer, whereby the utility customer shall pay the amount in arrears on the basis of a deferred payment schedule agreed to by the Collector or the Committee. The agreement shall be prepared by the Collector.
      (2)   If a utility customer defaults on the deferred payment schedule, all utility charges in arrears shall be immediately due and payable, and no further credit extensions shall be granted to that utility customer. No additional hearing shall be required prior to the termination of utility services if all outstanding charges are not paid before the termination date as originally fixed or changed by the Collector or the Committee.
   (E)   Reinstatement of service. If service is discontinued because of non-payment of utility chargers or because of violation of any ordinances, rules or regulations of the city regarding utility service, such service shall not be restored until all charges, costs and damages, if any, have been paid to the city or the violation has been corrected. Prior to restoration, the additional sum of $35 for each utility service provided shall be paid to the city for the cost of reconnecting such utility service during regular working hours of city utility employees. Regular working hours shall be the usual hours worked by city utility employees in the field at that time of the year on Mondays through Fridays and shall not include holidays and weekends. If a utility customer requests the City Utility Department to make reconnection of utility services other than during regular working hours and the Department agrees, then the utility customer shall be required to pay the sum of $125 for each utility service to cover the city's cost incurred for working city employees after regular working hours or $50 for a remote reconnect (if available) performed after regular working hours.
   (F)   Inclement weather. Notwithstanding any provision hereof, utility service shall not be terminated on any day when the St. Louis, Missouri National Weather Service forecast for the following 24 hours covering the area in which the residence is located includes a forecast that the temperature will be 32°F or below; or on any day preceding a holiday or a weekend when such a forecast indicates that the temperature will be 32°F or below during the holiday or weekend. Other extreme environmental conditions (e.g. heat, flood and the like) may also be considered in the termination of utility services.
   (G)   Bills that are not paid. If the bills for utility services are not paid within 60 days of the original mailing date, collection actions will be taken to collect the bills. In the event suit is filed, the party liable for the payment of such account shall pay the city's reasonable attorneys' fees and reasonable costs of a collection agency.
   (H)   Insufficient funds check or Automated Clearing House (ACH). If the city receives a check or ACH from a utility customer which is not paid on presentment, that utility customer will be notified by the city, and the utility customer shall be required to pay a $25 return check or ACH charge in addition to the insufficient funds check or ACH amount, and said amount shall be deemed additional utility charges.
(Ord. 1215, passed 12-26-2001; Am. Ord. 1359, passed 12-19-2005; Am. Ord. 1487, passed 8-18-2008; Am. Ord. 1528, passed 9-21-2009; Am. Ord. 1826A, passed 6-21-2021)
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