Needles Municipal Code Art. 6C I Terms and Conditions for the Sale of Electric Services

6C-1-1 Terms And Conditions For The Sale Of Electric Services

The following terms and conditions and any changes authorized by the city council or law will apply to the sale of electric services under the established rate or rates authorized by the city council and currently applicable at time of sale. The rates included in this Chapter 6C may be amendment by resolution of the city council after a duly noticed public hearing, which amended rates shall supersede the rates included in this Chapter 6C to the extent inconsistent therewith.

1. General.

by City or law, and such applicable rate or rates as may from time to time be authorized by City. However, in the case of a Customer whose service requirements are of unusual size or characteristics, additional or special rate and contract arrangements may be required.

provisions of the rate schedule shall apply.

conditions, or to exercise any of the rights or remedies provided in the terms and conditions, or any delay in the exercise of any of the rights or remedies, shall not release Customer from any responsibilities or obligations imposed by law or by the terms and conditions, and shall not be deemed a waiver of any rights of City to insist upon strict performance of the terms and conditions.

2. Establishment of service.

violation of City’s applicable rate schedules, rules, or regulations.

rights-of-way that have been specified by City as a condition for providing service.

delinquent balance on that account less than four (4) years old remains outstanding. This restriction applies when the prior account holder continues to reside at the premises with Applicant.

premises for which Applicant requests service.

(a) City has evidence of meter tampering or fraud.

(b) Failure to pay a delinquent bill for utility service.

(c) Failure to maintain deposit requirements.

(d) Failure to pay for a bill to correct a previous underbilling.

(e) Failure to comply with curtailment procedures imposed by the City during supply shortages.

(f) Failure to provide reasonable and safe access to City’s equipment and property.

(g) Breach of written contract between City and Customer.

applicant’s facilities comply with local construction and safety codes.

Installations requiring City to extend its facilities in order to establish service will be

made in accordance with City’s conditions governing extensions of electric distribution lines and services.

3. Rates.

City shall provide a copy of the rate schedule to the Customer, when requested. In

addition, City shall notify Customers of any change in rate schedules affecting those Customers.

Customer’s service characteristics and service requirements determine the selection of

the applicable rate schedule. City will use reasonable care in initially establishing service to the Customer under the most advantageous rate schedule applicable to the Customer. However, because of varying Customer usage patterns and other reasons, City cannot guarantee that the most economic applicable rate will be applied. City will not make any refunds in any instances where it is determined that Customer would have paid less for service had Customer been billed on an alternate applicable rate or provision of a rate.

4. Billing and collection.

City’s authorized agents shall have safe access to Customer’s

premise at all reasonable hours to install, inspect, read, repair or remove its meters; to install, operate or maintain other City property, and to inspect and determine the connected electrical load. Neglect or refusal on the part of the Customer to provide such access shall be sufficient cause for discontinuance of service by City, and assurance of access may be required before service is restored.

All suitable easements and rights-of-way required by City for any portion of the extension

which is on premises owned, leased or otherwise controlled by Customer shall be furnished in City’s name by Customer without cost to City and in reasonable time to meet proposed service requirements. All easements and right-of-way obtained on behalf of City shall contain such terms and conditions as are acceptable to City. 5.5 Load characteristics. Customer shall exercise reasonable care to assure that the electrical characteristics of its load, such as unusual short interval fluctuations in demand, shall not be such as to result in impairment of service to other Customers or interference with operation of telephone, television or other communication facilities. The deviation from phase balance shall not be greater than ten percent (10%) at any time. The power factor of the load shall not be less than ninety percent (90%)

lagging, but in no event leading, unless agreed to by City. In the event that Customer does not maintain such power factor, at the option of City, kva shall be substituted for kW in determining the applicable charge for billing purposes for each month in which such failure occurs.

6. Metering and metering equipment.

City will not install and maintain any lines and equipment on Customer’s side of

the point of delivery except its meter. For the mutual protection of Customer and City, only authorized employees of City are permitted to make and energize the connection between City’s service wire and Customer’s service entrance conductors. Such employees carry credentials which they will show upon request.

A Customer requesting termination of electric service must provide

City with at least two working days’ notice and a disconnect date. Customer shall remain responsible for all energy use until two working days after the disconnect notice or the requested disconnect date, whichever is later.

City shall not be required to restore service until the conditions which resulted

in the termination have been corrected to the satisfaction of City.

When master metered accounts are being terminated with notice, City will

make a good faith effort to notify actual users prior to the termination. The notice may be posted in a common area of the complex or building, mailed to individual apartments, spaces or suites, or hand delivered. The notice shall provide the user the right to become a Customer without being required to pay the amount due on the account. However, any conversion of service entrance equipment required to accept City service will be the user’s responsibility.

8. Disputed bills and complaints.

A Customer may request a bill inquiry or complaint

investigation by contacting City’s utilities office. An investigation will be completed by City, and Customer will be advised of the investigation’s results and any action taken. If Customer is seeking to set up an extended payment arrangement, City will attempt to assist by offering an amortized payment schedule, provided Customer has not defaulted on a previous payment agreement.

If a Customer is not satisfied with the

investigation and/or action completed by the City’s utilities office, the Customer may elevate the inquiry or complaint to the next level within City staff, in the order recommended below:

(a) Utility Business Manager or Supervisor (b) Utility Manager (c) City Manager

A Customer who is not satisfied or believes the staff

investigation results are incorrect or unfair, may appeal to the City’s Board of Public Utilities (“Utilities Board”). The Utilities Board will hear only appeals that have not been resolved to Customer’s satisfaction after the City Manager has finalized his/her review. A form to request an appeal is available at the utilities office and must be submitted at least two (2) weeks prior to a regularly scheduled Utilities Board meeting to ensure placement on the agenda. Customer is encouraged to be present at the Utilities Board hearing or have a representative present.

A Customer who remains unsatisfied after appealing their concerns to the

Utilities Board, may appeal to the City Council for final resolution within fourteen (14) days of the date of the Utilities Board’s decision. The City Clerk will assist Customer with scheduling the appeal. The Customer or his representative must be present at the City Council meeting for the appeal to be heard and/or acted upon.

A Customer who has requested an investigation or who is appealing a

determination shall not have the electric service disconnected for nonpayment of the disputed bill. If the Customer is disputing multiple months of billing, payment for one of the months being disputed may be withheld pending determination, but all remaining months being disputed must be paid to avoid being disconnected for nonpayment. Customer must pay subsequent bills to a disputed bill, to avoid being disconnected for nonpayment.

9. Removal of facilities. Upon the termination of service, City may without liability for injury or damage, dismantle and remove its facilities installed for the purpose of supplying service to Customer and City shall be under no further obligation to serve Customer. If, however, City has not removed its facilities within one (1) year after termination of service, City shall thereafter give Customer thirty (30) days’ written notice before removing its facilities, or else waive any re-establishment charge within the next year for the same service to the same Customer at the same location.

For purpose of this section, notice to Customer shall be deemed given at the time such notice is deposited at the U.S. Postal Service, first class mail, postage prepaid, to Customer at his/her last known address.

10. Prohibited service uses. Customer shall not use electric service for the following uses or activities. These prohibitions are necessary to prevent electric shortages and to avoid supplier penalties for excess demand requirements.

City shall discontinue service to a Customer for noncompliance with the prohibited

uses of electric energy, if after notice Customer does not correct the violation within five (5) days. Service will not be reestablished until after Customer has complied.

A Customer may request a special use exemption for a prohibited activity. The

request must be in writing and shall be submitted to the Utilities Board. The request must explain why the exemption is being sought, the benefits Customer will receive from such use, the approximate amount of energy required and the desired time period. Board approval must be received prior to Customer using service for a prohibited activity.

11. Curtailment. When the availability of service is restricted and a reduction of service is required to maintain the integrity of part or the total electric system, Customer will be notified by City to reduce or terminate use of service. Such notifications may be made by mail, phone, or in person. City will curtail service on a proportionate basis, where possible, and will give service priority to Customers and/or Customer classes where health, safety and welfare will be adversely affected, when possible. Customers, who refuse or do not comply with curtailment requirements, may be terminated by the City. A service re-establishment charge of Two Hundred Dollars ($200.00) will be assessed for a first-time violation, Five Hundred Dollars ($500.00) for second violation, and One Thousand Dollars ($1,000.00) for a third violation. A Customer who violates curtailment requirements more than three times will not be allowed to reestablish service.

12. Successors and assigns. Agreements for service shall be binding upon and for the benefit of the successors and assigns of Customer and City, but no assignments by Customer shall be effective until Customer’s assignee agrees in writing to be bound and until such assignment is accepted in writing by City.

13. Warranty. There are no understandings, agreements, representations or warranties, expressed or implied (including warranties regarding merchantability or fitness for a particular purpose), not specified herein concerning the sale and delivery of electricity by City to Customer. These terms and conditions state the entire obligation of City in connection with such sales and deliveries. (Ord. 404-AC; Ord. 463-AC.)

6C-1-1 Terms And Conditions For The Sale Of Electric Services