[HISTORY: Adopted by the City Council of the City of Las
Vegas as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 4, Art. 3 of the 1972 City Code; amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
This article is called and may be cited as the "Natural Gas
Ordinance" for the City of Las Vegas, New Mexico.
In the interpretation of the Natural Gas Ordinance, the following
definitions and rules of construction shall be observed, unless it
shall be otherwise expressly provided in any section of this article,
or unless inconsistent with the manifest intent of this article:
Any period of 25 to 35 consecutive days, which shall normally
be the time between readings of the customer's meter. In the
event that, for any reason, the customer's meter is not read
on this schedule, the customer's use of natural gas for a billing
month may be estimated using information from the customer's
records for previous billing months. Customers shall normally be billed
on a monthly basis. If, for any reason, the City fails to send a bill
to a customer, the City shall retroactively bill that customer.
The City of Las Vegas, New Mexico.
Compressed natural gas.
Any person or entity which takes natural gas service from
the City's gas utility system, and is engaged in a business or
governmental activity which is not generally recognized as an industrial,
mining, and/or manufacturing activity or residential occupancy.
Any person or entity which takes natural gas service from
the City's gas utility system, and maintains an account with
the City for the provision of such service.
The Gas Department Director appointed pursuant to the Charter
and ordinances of the City of Las Vegas, New Mexico.
A single unit used for residential occupancy which may be
a house, an apartment, a mobile home, a recreational vehicle, or other
structure used in such manner.
Those customers who do require continuously available supplies
of natural gas.
The physical system of pipes, connectors, regulators, service
lines and associated equipment used to transport and deliver natural
gas; and the metering, accounting and recordkeeping systems required
to measure and record the delivery of natural gas to the City or to
customers, to provide technical and business information concerning
the gas utility system, and to provide for billing and recordkeeping
for customer accounts; and the personnel and equipment required for
the management, construction, operation and maintenance of the gas
utility system. The gas utility system shall terminate at the customer's
side of the meter through which natural gas is delivered to the customer.
Any person or entity which takes natural gas service from
the City's gas utility system, and is engaged in an industrial,
mining, and/or manufacturing activity.
Those who do not require continuously available supplies
of natural gas and who have been approved in advance by the City as
an interruptible customer.
The owner of a dwelling unit or other structure which is
not occupied by the owner, and which dwelling unit or other structure
is supplied natural gas service by the City's gas utility system.
The landlord shall be and remain responsible for payment of amounts
due for natural gas service to the dwelling unit or other structure
for which it is the owner.
A customer of the City's gas utility system which receives
natural gas service through a meter having a size or capacity larger
than two inches. A large volume user may be a residential, commercial
or industrial customer.
One thousand cubic feet of natural gas. All natural gas service
provided by the City's gas utility system shall be measured,
metered and billed to the customer in MCF.
The acquisition and delivery of natural gas to customers
by the City of Las Vegas gas utility system, including the metering
and billing of volumes received by the customer.
Any human being or legal entity, whether incorporated or
unincorporated.
A customer who rents or leases a dwelling unit or a commercial
or an industrial facility which is serviced by the City's natural
gas system.
A person or entity which takes natural gas service from the
City's gas utility system at an individual dwelling unit.
All gas lines and parts from the meter to the main.
"Shall" is mandatory, and "may" is permissive.
A customer of the City's gas utility system which receives
natural gas service through a meter having a two-inch or smaller size
and/or capacity. A small volume user may be a residential, commercial
or industrial customer.
Any person found guilty of violating any of the provisions of
this article shall be fined not more than $300 or imprisoned for a
period of not more than 90 days, or by both such fine and imprisonment,
and each day this article is violated shall constitute a separate
offense; provided, however, that if a specific penalty is provided
therefor in any particular and individual section of this article,
then the specific penalty shall prevail.
A.
Rates. Natural gas service from Las Vegas natural gas utility system
is available to any customer through a single meter. The amount paid
each monthly billing period for all gas delivered shall be in accordance
with the following schedule of charges:
(1)
Monthly service fee. All customers shall pay a basic service charge
for each monthly billing period.
|
User
|
Service Size
|
Monthly Service Fee
| |
|---|---|---|---|
|
Small volume
|
Up to 2 inches
|
$10
| |
|
Large volume
|
Greater than 2 inches
|
$72
|
(2)
Cost of service rate: $2.77 per MCF for all gas delivered.
(3)
Cost of gas component. The charges for all gas delivered shall be
increased by the cost of gas acquired by and delivered to the City's
gas utility system, adjusted for loss and unaccounted for gas, on
a monthly basis. The cost of gas shall include transportation, transmission,
and other gas-related costs as billed by the City's gas supplier(s).
The loss and unaccounted for gas shall be the actual percentage of
loss and unaccounted for gas experienced in the immediately preceding
fiscal year. The calculation of the monthly cost of gas component
is calculated as follows:
|
Cost of gas per MCF
divided by
1 — (% loss and unaccounted for gas)
|
(4)
Tax adjustment clause. The charges shall be increased by an amount
equal to taxes payable under the Gross Receipts and Compensating Tax
Act and other assessments by any governmental authority on the utility
service provided by the City.
(5)
Consumer price index adjustment. The City may, from time to time,
on an annual basis, adjust the noncost of gas-related rates for service
above in conformance with changes in the consumer price index (CPI)
as calculated by the Bureau of Labor Statistics of the US Department
of Labor, or its authorized replacement agency, for the West Urban
Area of the USA.
B.
Automatic adjustment to rates. In the event that the City determines that its natural gas utility system has operated in a deficit situation in the immediately previous fiscal year, the City may apply a price adjustment to the rates contained in Subsection A above which shall be based on the consumer price index as it is determined from time to time by the federal government. The price adjustment shall be based on the consumer price index data for the immediately previous fiscal year. Any adjustments to rates shall be computed by the Natural Gas Utility Department.
A.
Use of this section. This section shall be used in conjunction with
other ordinances for rates and charges for service from the Las Vegas
natural gas utility as they may be promulgated from time to time by
the City Council.
B.
Civil penalty. Any person or entity found guilty of violating any
of the provisions of this section shall be fined not more than $300
and shall have their gas utility service disconnected for an appropriate
period of time as determined by the City Manager. Each day that this
section is violated shall constitute a separate offense. If a specific
penalty is provided in any other subsection of this section, then
the penalty shall govern that subsection.
C.
Special charges. Special charges for service from the Las Vegas natural
gas utility system shall be assessed and applied as described below,
and they are applicable to each customer for whom service is rendered
as described below:
(1)
Account transfer read-in fee. In the event that a potential customer
requests the transfer of service and payment responsibility to that
potential customer, the meter at the premises for which service is
being provided shall be read, and the record of the account shall
be changed so as to show the name, address and other relevant information
pertaining to the potential customer, thereby making the potential
customer the customer of record for the account. This service shall
be provided only during normal business hours.
(a)
Fee: $13.68.
(2)
Bill collection fee. In the event that the City must collect payment
for gas services away from its established business offices, a charge
for this collection service shall be assessed to the account.
(a)
Fee: $13.68.
(3)
Damage to the City's utility system. In the event that damage
is done to the City's utility system by any person or entity
not acting as an agent of the City, the total actual cost of repairing
the damage shall be charged to the person or entity causing the damage.
In the event that the damage is done to the City's utility system
which resides on a customer's premises, and the person or entity
which caused the damage cannot be determined, the customer on whose
premises the damage occurred shall be held responsible for the damage.
Damage shall include the cost of natural gas lost as the result of
damage to the system, as it is estimated by the City.
(4)
Deposits.
(a)
Amounts. Customers shall deposit with the City of Las Vegas
the following amounts in order to establish natural gas service:
(b)
Interest on deposits:
(c)
Refund of deposits.
[1]
Deposits placed by residential, commercial and industrial customers
shall be refunded by crediting the amount of the deposit to the customer's
account after one complete year of service if the customer's
account is current and if the account during the previous year has
not been more than 60 days' past due more than one time. Refunds shall
not be made to rental customers except at the time of the closing
of the rental customer's account and discontinuance of service.
Refunds shall normally be made annually during the month of March.
[2]
If the account has not been current as indicated, the account
shall be reviewed each year on its anniversary date for refund of
the deposit based on the same criteria.
(d)
Refunds of deposits upon discontinuance of service. Upon discontinuance
of service, the deposit herein specified less deductions for delinquencies
shall be forthwith paid to the customer. No interest shall be paid
on accounts which have been active for a period of less than one continuous
year.
(e)
Change of service location. Any customer transferring service
from one location to another shall not be required to place a deposit
for service at the new location if the amount has not been more than
60 days' past due more than one time in the previous year before said
transfer.
(f)
Waiver of deposit. The City Manager may waive or defer a deposit
if a complete investigation has revealed:
[1]
That the person requesting such waiver or deferral has been
a residential customer whose account has not been delinquent in the
past; or
[2]
That such customer for some reasonable cause cannot pay the
full amount of the deposit, in which case the City Manager may defer
the deposit for a period not to exceed three months; or
[3]
That the customer has been a long standing business person in
the community and that such business has not had a delinquent utility
account within the previous two years; or
[4]
That such customer, if a rental customer, has established his/her
service history at other locations for a period of at least two years
and has not been delinquent during the period; or
[5]
That a residential customer who has not been delinquent within
the previous two years is willing to place a rental customer's
account under the residential customer's name; or
[6]
That such customer has transferred service from one location
to another if such customer's account has not been more than
60 days' past due more than one time in the previous year before such
transfer.
(5)
Late payment fee. Amounts billed for natural gas service shall be
due and payable when billed, and shall become subject to late payment
fee in the event that the customer fails to pay the amount due, or
fails to pay the amount due in full, by the stated payment due date.
The City shall assess a fee of 1.5% per month to amounts which have
not been paid at the time of rendering of the next monthly bill. This
fee shall be compounded in billing periods in which amounts remain
unpaid.
(6)
Meter testing fee.
(a)
In the event that a customer requests that the City test the
accuracy of the meter serving the customer's premises, the City
shall charge the customer the actual cost of the test, including but
not limited to the cost of labor required to remove the meter and
the cost of performing the meter test. The meter testing fee shall
be waived in the event that the meter is found to be recording outside
the established limits of the accuracy for the City's metering
systems. This service shall be provided only during normal business
hours.
(b)
When a metering system is found to be recording volumes in excess
of 2% greater than the actual weighted average of the total volume
flow, the City shall refund to the customer an amount equal to the
excess charged above the 2% standard for gas incorrectly metered.
The period for which the correction is to be made shall be the time
elapsed since the prior previous test, or the period of time since
the apparent failure, but in no event shall the adjustment period
exceed six months.
(7)
Returned check fee. In the event that a customer's check or
bank draft which has been presented for payment for service is returned
to the City unpaid, the City shall assess a fee for each such returned
check or bank draft.
(a)
Fee: $15.
(8)
Service relocation fee. In the event that a customer requests that
the City relocate its gas utility system for the convenience of the
customer, the requesting customer shall pay the total actual cost
of the relocation. The customer shall be provided an estimate of the
cost of the relocation and shall pay the estimated cost in advance.
At the time that the relocation is completed, the City shall advise
the customer of the actual cost of the relocation, and payment shall
be made to either the City or the customer in the amount by which
the estimated and actual costs differ.
(9)
Service turn-on or turn-off, and other special services. In the event
that a customer requests that the City perform the services described
hereunder, the City shall assess the following fees for these services.
These services shall include the reading and recording of data for
the meter at the premises as appropriate.
|
Type of Service
|
Fee
| |
|---|---|---|
|
Fee for turn-on, including pilot lighting, during normal business
hours
|
$13.68
| |
|
Fee for turn-on after normal business hours
|
$27.36
| |
|
Fee for turn-off during normal business hours
|
$13.68
| |
|
Fee for turn-off after normal business hours
|
$27.36
| |
|
Fee for carbon monoxide test, normal business hours
|
$13.68
| |
|
Fee for carbon monoxide test, after normal business hours
|
$27.36
| |
|
Fee for gas leak detection, normal business hours
|
$13.68
| |
|
Fee for gas leak detection, after business hours
|
$27.36
|
(10)
No waiver of fee. With the exception of the waiver of deposit
described herein, no fee or charge for special service shall be waived.
|
*
|
NOTE: Any service turned off more than six months shall require
a mercury test prior to turn on of gas service. The City shall light
pilots on the customer's system upon request. No other work on
customer's gas system shall be performed by the City. The City
shall not assume any responsibility for piping inspection on the customer's
natural gas system.
|
(11)
Property owner responsible for charges. Charge for service of
municipal utility becomes a lien against the property served; exception.
(a)
Any charge by ordinance for service rendered by a municipal utility, except as indicated in Subsection C(11)(c) of this section, shall be:
(b)
The lien shall be enforced in the manner provided in NMSA 1978,
§§ 3-36-1 through 3-36-5. In any proceedings where
pleadings are required, it shall be sufficient to declare generally
for the municipal utility service. Notice of the lien shall be filed
in the manner provided in NMSA 1978, § 3-36-1, and the effect
of such filing shall be governed by NMSA 1978, § 3-36-2.
(c)
Subsection C(11)(a) of this section shall not apply if an owner notifies the municipality that utility charges which may be incurred by a renter will not be the responsibility of the owner. Such notification shall be given in writing utilizing the City approved landlord/tenant form, prior to the initiation of the debt and shall include the location of the rental property.
(12)
Responsibility for payment of charges.
(a)
Landlord utilities waiver of responsibility form. If a landlord
does not wish to be responsible for specific, or any utilities incurred
on their rental property(ies), they must submit a notarized "Landlord
Waiver of Responsibility Form" to the City of Las Vegas Utilities
Department located at 905 12th Street.
(b)
If such form is not submitted, the landlord is responsible for
any charges accrued, pursuant to NMSA 1978, § 3-23-6, and
if utility charges are not paid to the City within six months after
the initial billing date, a lien against the property shall be filed
according to NMSA 1978, § 3-36-1. The landlord shall submit
a landlord utilities waiver of responsibility form only once for each
rental property involving said waiver of utility payment.
(c)
Additional requirements.
[1]
Landlord standby utilities agreement. The landlord must enter
into a "landlord standby utilities agreement" with the City to have
those services provided by the City Utilities Department. Provision
of standby utilities services are optional and will be provided only
to those landlords requesting said standby services.
[2]
Landlord/tenant filing system. The City of Las Vegas Utilities
Department shall maintain a comprehensive filing system that will
contain any and all agreements, waivers, and forms requesting utility
service covered in this section. A separate file will be maintained
for each landlord and each utility service address.
D.
Automatic adjustment to fees and charges. In the event that the City determines that its natural gas utility system has operated in a deficit situation in the immediately previous fiscal year, the City may apply a price adjustment to the fees contained in Subsection C(1), (2), (7) and (9) above which shall be based on the consumer price index as it is determined from time to time by the federal government. The price adjustment shall be based on the consumer price index as it is determined from time to time by the federal government. The price adjustment shall be based on the consumer price index data for the immediately previous fiscal year. Any adjustments to fees shall be computed by the Natural Gas Utility Department.
E.
If there are reasonable grounds to believe that a meter or service
has been tampered with, including unauthorized turn on of meters,
unauthorized taps into the service or main lines, and unauthorized
adjustment or change of meter index, the meter shall be removed and
a charge of $100 for meter removal will be assessed against the customer
whose service has been tampered with and said charge will be required
to be paid prior to service again being provided to the customer at
any address.
A.
City Gas Department meters may be located either at the property
line or next to the building using gas. This determination shall be
made by the Director or the Gas Foreman. Gas service lines from the
main to the property line or adjacent to building shall be installed
by the City. Such service lines shall remain the property of the City.
B.
Setting of meters and turning on gas service shall be under direction
and supervision of the Director. No meter shall be moved or gas service
turned on or off without proper work order issued by authorized City
personnel.
C.
Appropriate meters for the measuring of gas shall be determined by
the Gas Director. Installation of meters shall occur by the City for
the purpose of measuring the consumption of gas by each customer.
D.
Such rules and regulations as may be deemed necessary for the proper
operation, management and regulation of the natural gas distribution
system may from time to time be adopted, amended and changed by resolution
of the City Council of the City of Las Vegas, New Mexico.
E.
Should the service line installation require a cut into a paved street
or alley, there will be an additional charge to the customer of $8
per square foot of street or alley cut.
F.
All requests for services for meters in excess of 500 cfh shall be
charged at actual current market price for all required appurtenances
and related costs of installation.
G.
Each one-family residence or individual business shall be required
to be served off its own natural gas meter, except where a master
meter exists.
H.
The piping system on the customer's premises shall be inspected
and approved by the appropriate governmental inspection agency before
natural gas service will be connected. All customer installations
shall comply with the plumbing codes of the State of New Mexico and
any other legally applicable codes. Documented approval shall be issued
to the City by the proper governmental agency prior to service being
provided by the City.
I.
The City shall light pilots on the customer's system upon request.
No other work on customer's gas system shall be performed by
the City. The City shall not assume any responsibility for piping
inspections on the customer's natural gas system.
J.
Any service turned off more than six months shall require a mercury
test prior to turn on of gas service.
K.
All meters used in connection with metered natural gas service shall
be furnished, installed, and maintained by the City.
There is hereby adopted the conditions, provisions, limitations
and terms of the Natural Gas Code of the State of New Mexico, and
if any provisions of this article be in conflict therewith, the stricter
provisions shall prevail.
It shall be unlawful for any person to tamper with any gas meter,
or move any gas meter, do natural gas work (on the City's natural
gas system) or to connect a customer to the natural gas system of
the City without first obtaining a permit for such purpose.
A.
General. Whenever an extension of a City gas main is required to
serve an applicant, or group of applicants, extensions will be made
under the terms and conditions set forth in this article.
B.
Line size. All line extensions shall be sized to provide adequate
domestic or commercial service. Minimum distribution line size is
to be two inches diameter. The City shall be the sole judge of proper
line sizing.
C.
No requirement of unprofitable extension. The City shall not under
any condition be required to make an extension that would be unprofitable
and thereby cause undue hardship to existing customers. The Director
shall be the final judge of the feasibility of a gas main extension.
He shall include in his consideration, but not be limited to, the
following factors: Length of extension; special appurtenances required;
estimated future consumption; estimated number of potential future
customers off the main line extension; availability of easements;
duration of expected use; and maintenance requirements.
D.
Placement of lines. All gas lines of the City will be constructed
in existing public roads, streets, City-owned land, alleys, or easements.
The applicant shall furnish such rights-of-way as are required without
charge to the City over property owned by said applicant and shall
assist the City in securing other rights-of-way necessary to provide
service over property not owned by said applicant.
E.
Option to extend. Should the Director make a determination that the
extension of a gas main is unprofitable and the customer is willing
to pay the entire cost of a gas main extension, the Director may determine
to allow such an extension. Specific terms of such an agreement shall
be negotiated on a case-by-case basis.
F.
Availability of service from the gas utility system. Service from
the City's gas utility system shall be available only within
the corporate limits of the City of Las Vegas, except that service
outside the limits of the City may be supplied by special action of
the City Council.
G.
Charges for the extension of service lines. Charges for the extension
of the City's service lines to connect the gas utility system
to a customer's premises shall be assessed and applied as described
below, and they are applicable to each customer for whom service is
rendered as described below.
(1)
Any customer requesting the extension of the City's system shall
pay the entire cost of the extension in advance of the commencement
of work. The City shall provide the customer with an estimate of the
cost of the connection, and this shall be the basis for charges which
shall be paid by the customer. In the event that the actual cost of
the connection is lower than the estimate, the customer shall receive
a refund of the amount overpaid.
(3)
The City shall make the sole determination of the adequacy of the
size and capacity of the gas utility system in its analysis of a request
for service connection. In the event that the size and capacity of
the gas utility system is found to be inadequate, the estimated cost
of the requested connection shall include all costs of improving the
size and capacity of the gas utility system required to meet the requesting
customer's service needs.
H.
Credit for connections made to extensions.
(1)
In the event that a new customer makes connection to an extension
which was previously installed at the request of an original customer
and paid for by that original customer, the City shall make a refund
to the original customer in an amount equal to the pro rata per-foot
cost of the original extension multiplied by the frontage footage
of the property of the new customer. The total amount of refunds made
to the original customer shall be limited to the amount paid by the
original customer for the extension. The period of time during which
refunds shall be made to the original customer shall be five years
after the completion of the extension made for the original customer.
(2)
The Gas Utility Department shall maintain records of customer extensions
for purposes of application of this provision.
An identified representative of the City shall have the right
to convenient ingress and egress to and from the customer's premises
for the purpose of inspecting, maintaining, testing, reading, changing,
installing or removing its meters; if such duly identified representative
is refused admittance or hindered or prevented from performing the
above duties, the gas service to the customer may be discontinued
until free access is given.
A.
Unless otherwise provided, billings will be made on a monthly basis.
Such accounts shall be payable when billed and shall become delinquent
if not paid within 45 days from the date of billing. Failure to pay
for natural gas when due shall constitute a delinquency of said account
and the City may, after proper notification measures to the customer,
thereafter discontinue service for nonpayment, and such service shall
not be reinstated until payment of the delinquencies or arrangements
for the delinquencies have been made. If a customer is delinquent
in the payment of natural gas at one location, he shall not be entitled
to gas service at another location until such prior delinquency has
been paid.
B.
The City may take the following action in response to delinquent
natural gas charges:
(1)
The City Finance Department shall notify the customer of delinquent
amounts and that service shall be terminated on a particular date,
not less than 10 days after mailing of the notice. Each delinquent
notice shall contain the following language:
|
"This is to notify you that unless you bring your utility accounts
current, your utility service(s) will be cut off 10 days after the
date this notice was mailed. You have the right to protest this termination
as unjustified if you believe that you have been overcharged or charged
for services not rendered. If you believe there is a mistake in this
billing, you have the right to be heard and to present your argument
and evidence. The City will evaluate your complaint and determine
whether you owe the amounts in question. To protest this billing,
you must contact the City's Collection Agent at 454-1401 prior
to the cut-off date."
|
For the purpose of convenience, the billing and collecting of
the charges levied for the service by this article shall be done by
the Finance Department of the City, and such charges shall be payable
at the Cashier's Office in the same manner as other services
are billed and collected by the City.
It shall be unlawful for any person to in any way interfere
with any employee of the City or its designated representative in
any discharge of their duties.
A.
The City of Las Vegas Natural Gas Department shall be compensated
for any damages to the natural gas pipeline system by any third party,
including, but not limited to, construction companies, water and gas
plumbers, landowners, homeowners, business owners and utility companies.
The City of Las Vegas Natural Gas Department, Public Works Department,
Water Department, Waste Water Department and Sanitation Department
shall be excluded from this provision.
B.
Formula to determine cost recovery. The following formula shall be
used to calculate the volume of natural gas lost from a puncture or
blow off:
|
A
|
—
|
Volume of gas in MCF per hour at 11.85, 60° F., and 0.60
spg;
| ||
|
D
|
—
|
Diameter of nipple, orifice or break;
| ||
|
P
|
—
|
Absolute pressure in pounds per square inch immediately upstream
from the opening;
| ||
|
Plus labor cost, materials cost and equipment cost.
| ||||
|
(Example: Volume of gas lost during a fifteen-minute blow off
through a two-inch nipple if the upstream pressure is 35 psi).
| ||||
|
Q
|
=
|
D2P
| |
|
Q
|
=
|
(2) 2 x 32 + 11.85
| |
|
Q
|
=
|
147 MCF/hour
| |
|
Q
|
=
|
15 minutes = 147 15/160 = 36.9625 MCF
|
|
36.9625
|
MCF
| ||
|
x 6.50
|
Rate per MCF
| ||
|
Gas
|
$240.00
|
Lost gas
| |
|
Labor
|
$71.16
|
2 hours to repair gas line*
| |
|
Material
|
$105.00
| ||
|
Equipment
|
$70.00
| ||
|
Total
|
$486.41
|
|
*
|
Labor costs are based on prevailing labor wage rates for those
classifications responding to the line break.
|
A.
As the owner of an underground utility pipeline, the Gas Department
of the City of Las Vegas must be a member of a One Call Notification
System. This requirement is a result of a state statute enacted during
the 43rd Legislative Session (1997) of the State of New Mexico introduced
as Senate Bill 810 which requires each and every owner or operator
of a pipeline facility to be a member of a One Call Notification System.
B.
The Gas Department of the City of Las Vegas is a member of the Local
Utility Council which is comprised of the local government agency
and private underground pipeline owners. The local Utility Council
encompasses all underground utilities within the City of Las Vegas
and those areas which bound the City limits. This Council functions
under the authority of the New Mexico One Call System and New Mexico
Blue Stake Law.
