[Ord. No. 585 §§5 — 6, 11-10-1969; Ord. No. 1138 §1, 3-9-1993; Ord. No. 1182 §2, 5-4-1994; Ord. No. 1239 §1, 8-26-1996; Ord. No. 1634 §1, 11-27-2006; Ord. No. 1636 §1, 11-27-2006; Ord. No. 1757 §§1 — 2, 9-3-2008; Ord. No. 1811 §2, 2-22-2010; Ord. No. 1836 §1, 2-14-2011]
A. 
Wherever used in this Chapter, the following terms shall have the definitions set forth:
COMMERCIAL LIGHT RATE, NO DEMAND
Service to commercial establishments including, but not limited to, multiple-family dwellings and apartments served through a common meter, charitable or fraternal organizations, churches, schools, business and industrial customers, and all other customers not classified as residential with single phase electric service rated up to and including two hundred (200) amperes.
COMMERCIAL LIGHT RATE, WITH DEMAND
Service to commercial establishments including, but not limited to, multiple-family dwellings and apartments served through a common meter, charitable or fraternal organizations, churches, schools, business and industrial customers, and all other customers not classified as residential with a single phase electric service rated greater than two hundred (200) amperes or a three-phase service with a monthly electrical demand that does not exceed one hundred (100) kilowatts at any time.
COMMERCIAL POWER RATE I
Service to commercial establishments, including but not limited to multiple-family dwellings and apartments served through a common meter, charitable or fraternal organizations, churches, schools, business and industrial customers, and all other customers not classified as residential, with monthly electrical demand that exceeds one hundred (100) kilowatts but does not exceed five hundred (500) kilowatts at any time.
COMMERCIAL ROWER RATE II
Service to commercial establishments, including but not limited to multiple-family dwellings and apartments served through a common meter, charitable or fraternal organizations, churches, schools, businesses and industrial customers, and all other customers not classified as residential: (1) with monthly electrical demand that exceeds five hundred (500) kilowatts at any time during at least six (6) months of the rate classification year; and (2) with an average annual load factor that exceeds fifty percent (50%) during the rate classification year.
[Ord. No. 2343, 3-27-2023]
DELINQUENT ACCOUNT
An account shall be considered delinquent after the fifteenth (15th) day of the month immediately following the billing, unless the fifteenth (15th) falls upon a Saturday, Sunday or legal holiday observed by the City, in which event the account shall become delinquent after the next following business day of the City.
DISTRIBUTION SYSTEM
That part of the City's electric utility system used to distribute electrical power and energy from the substations to the customers served, including poles, fixtures, wires, cables, conduits, manholes, switches, protective devices, transformers, meters, regulating equipment and other accessories.
IN GOOD STANDING
An account which has been promptly paid by the fifteenth (15th) of each month and has not been delinquent for more than three (3) consecutive billing periods and for which service has not been terminated because of delinquent payment during the preceding two (2) years shall be deemed "in good standing".
LOAD FACTOR
The quotient of (1) the customer's total electrical energy consumption, measured in kilowatt-hours, during the rate classification year, divided by (2) the product of (a) the customer's maximum 15-minute power demand, measured in kilowatts, at any time during the rate classification year, multiplied by (b) the number of hours in a non-leap year; which may be expressed by means of the following formula:
LF
=
KWH
KW *8,760
where
LF
=
load factor
KWH
=
total annual energy consumption in kilowatt-hours
KW
=
maximum 15-minute annual power demand in kilowatts
METER SOCKET
A device used for mounting and connecting an electric meter.
MOBILE HOME
Any vehicle or similar portable structure constructed so as to permit its being moved on a public street (whether or not wheels and axles are currently attached and operable and whether or not currently on a foundation) and so as to permit the occupancy thereof as a dwelling by one or more persons.
MOBILE HOME PARK
An area of land under common ownership or control on which three or more occupied mobile homes are harbored or on which are located spaces available to prospective residents for the harboring of occupied mobile homes, whether or not for a charge, together with any building, structure, enclosure or other improvement used or available to be used as part of the equipment, fixtures, offices and facilities of such park.
NATIONAL ELECTRICAL CODE
The most recent electrical code published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts.
RESIDENTIAL RATE
Electrical service provided through a single service entrance to customers whose use is single-family residential. The residential rate is not available for service provided through a single meter to multi-family dwellings, apartment houses, boarding houses and the like, or for more than one (1) dwelling, or for any business or commercial purposes; provided however, that a business or commercial use shall not disqualify the residential customer so long as such customer verifies on a form provided by the City Collector that the location for the requested service is, in fact, the customer's residence; provided further, however, that for any such customer who engages in a business use and whose electric usage exceeds six thousand (6,000) kwh in any billing month, such customer will at all times thereafter be classified as commercial, until the customer makes written application to the City requesting reclassification to residential and confirming that the customer's use has been less than six thousand (6,000) kwh for at least twelve (12) months in succession immediately preceding the date of the application.
SERVICE DROP
The overhead wires or cables installed for the City's electric line to the first point of attachment to the customer's building or other structure.
SERVICE ENTRANCE
The conduit, wire, fittings, and accessories used between the termination of the service drop or underground service and the customer's service equipment.
SERVICE EQUIPMENT
The main circuit breaker(s) or fused switch(es) and their accessories which constitute the main control and means of cutoff for the supply to the customer's premises.
SUPERINTENDENT
The Superintendent (or his duly appointed delegate) of the Electric Department of the City of Hermann.
UNDERGROUND SERVICE
The underground wire, cable, conduit, and other devices installed from the City's electric line or facility to the customer's building or other structure.
B. 
To the extent that a term used in this Chapter is not defined in this Section but such term is defined in the current version of the National Electrical Code, the definition contained in said National Electrical Code shall apply unless the context clearly indicates a secondary meaning.
[Ord. No. 1138 §1, 3-9-1993]
A. 
All electric service provided by the City shall be for the sole use of the customer and shall not be resold or submetered by the customer.
B. 
Electric service shall be available at any location within the boundaries of the City of Hermann, provided the City's electric distribution system exists within the area in which service is requested or can be extended to such area as provided in this Chapter.
C. 
All energy supplied to residential customers shall be at 120/240 nominal volts, single phase, 60 hertz.
D. 
No electrical equipment having severe or fluctuating power demands not typical to residential usage, such as but not limited to welding or x-ray equipment, may be served under the residential customer classification.
E. 
The voltage, phase, and frequency of energy supplied to commercial customers and industrial customers shall be as requested by the customer, based upon the equipment and load requirements of such customer, subject to limitations or conditions imposed by relevant provisions of the National Electrical Code and further subject to the existing system capabilities of the City. Determination of such system capabilities and of the feasibility of delivery of requested service to a customer shall be by the Superintendent.
[Ord. No. 993 §4, 11-10-1986; Ord. No. 1138 §1, 3-9-1993; Ord. No. 1546 §2, 11-28-2005]
A. 
All extensions of electric utility service to any property within the City of Hermann after January 1, 2006, shall be made by means of underground distribution lines, unless an exception is made by the Board of Aldermen.
B. 
With respect to underground distribution lines, service or entrance lines, the owner shall excavate or arrange for the excavation of the trench. The owner shall install HDPE conduit as provided by the City. The owner shall pay the City for the HDPE conduit. The City shall provide and install the conductor in the conduit. The owner shall provide all trench backfilling and clean-up.
C. 
Any customer who requests an extension of the distribution system shall provide the necessary right of way, by utility easement or other acceptable conveyance, as required by the Superintendent in the event it is not possible to extend such system via existing public streets or easements.
[Ord. No. 1138 §1, 3-9-1993; Ord. No. 1223 §1, 1-16-1996; Ord. No. 1395 §1, 5-12-2003]
A. 
All new installations and connections of electric service to customers of the Electric Department to be made after June 1, 1993, from the distribution system to the meter socket, shall conform to all applicable requirements of the National Electrical Safety Code.
B. 
With respect to all extensions and new connections of electric service from the distribution system to a customer's service equipment made on or after June 1, 1993, the customer's service equipment, wiring and other electrical components and related portions of the premises shall conform to all applicable provisions of the current National Electrical Code as they relate to:
1. 
All portions of the customer's wiring and electrical components which terminate with and include the service equipment;
2. 
All components of underground service, terminating with and including the service equipment;
3. 
All components of the electrical wiring to be used in providing electric service to any portion of a mobile home park, terminating with and including the service equipment for each mobile home, trailer, or other structure or facility located within such park.
C. 
No more than one meter per building shall be permitted, except as follows:
1. 
One meter per residential unit, plus one meter per common area, shall be permitted in any building designed for and used as a multi-family residence, such as an apartment building, duplex, condominium, or cooperative.
2. 
One meter per licensed business premises, plus one meter per common area, shall be permitted in any building lawfully occupied by more than one commercial establishment, provided that each such establishment and common area is separated from the others by permanent partition or operable door and each such establishment is under separate ownership and control.
3. 
One meter per customer classification may be permitted within any building occupied by a customer who maintains both a residence and a commercial establishment within the same building, provided that the residential portion of such building is permanently and totally separated from the portion of the building devoted to commercial activities, each such portion has a separate entrance and is clearly identified to each purpose, and no electrical energy or power provided under the residential rate classification is used for any commercial purpose.
D. 
The actual cost incurred by the Electric Department, including prorated personnel wages and benefits and materials, in making new installations and connections of three-phase electrical service to a customer's premises located outside the boundaries of the Hermann Industrial Park at the request of such customer made after November 1, 1995, shall be paid in full by such customer. Such payment may be in one (1) lump sum within thirty (30) days after invoicing therefor by the City or in twelve (12) equal monthly installments commencing with the first (1st) monthly bill for electric service rendered after completion of the installation. If any such customer thereafter uses more than sixty thousand (60,000) kilowatt-hours of energy at said premises within any period of twelve (12) consecutive months and pays the monthly charges for power and energy when due, the full amount of such installation and connection costs paid by such customer for said premises shall be refunded within thirty (30) days after the customer's payment of the electrical power and energy charges for said twelve (12) month period.
E. 
With respect to all extensions and new connections of electric service, including reconnections pursuant to Section 720.120 of this Code, from the distribution system to a customer's service equipment made on or after June 1, 2003, and notwithstanding all otherwise applicable provisions of the current National Electrical Code to the contrary, and as an additional requirement within the City of Hermann, the customer's service equipment shall include a disconnecting means outside the building or structure served at a readily accessible location nearest the point of entrance of the conductors. If a locking mechanism is placed on the disconnecting means, it shall be of a type that may be readily removed or cut off by the use of tools commonly in the possession of firemen and other emergency personnel within the City.
[Ord. No. 1138 §1, 3-9-1993]
A. 
The Electric Department shall furnish and install the service drop to the customer's building or other structure and shall make the connection to the customer's service entrance conductors, except as provided in this Chapter. Service drops shall be used to provide service at secondary voltages only.
B. 
The customer shall provide the Electric Department a point on the customer's building or structure for attaching the service drop. Such point of attachment shall meet the requirements of the National Electrical Code and the National Electrical Safety Code for strength, clearance, and means of attachment of the service drop.
C. 
The customer shall provide the point of attachment in a location that is accessible and provides a route for the service drop that is clear and free of obstructions; and the customer shall obtain approval of such location from the Superintendent before the Electric Department shall be required to connect the service drop.
D. 
The City shall provide without charge to the customer the first one hundred (100) feet of service entrance conductors from the customer's property line nearest to the City's first available transformer capable of serving the customer's load. The actual cost of any additional service entrance conductors required to reach the customer's meter socket, plus the additional labor required in making the installation, shall be paid by the customer. The City's cost of material shall be determined by application of the "last in, first out" accounting convention.
[Ord. No. 1138 §1, 3-9-1993]
A. 
When overhead distribution is installed, the customer may request the Electric Department to terminate its line on a service pole. When so requested, the Electric Department will connect its service drop to the meter socket to be located on the service pole furnished by the customer. The size, material, and location of the customer's service pole shall conform to all applicable requirements of the National Electrical Code and the National Electrical Safety Code.
B. 
When a service pole is utilized, the customer shall furnish, install and maintain his own service entrance conductors from the meter socket to the customer's service equipment, whether by means of overhead or underground installation.
C. 
When a service pole is utilized, the meter shall be installed on the service pole in compliance with the requirements of Section 720.090.
[Ord. No. 1138 §1, 3-9-1993]
The customer shall furnish and install the service entrance and, when required by this Chapter or by applicable provisions of the National Electrical Code, shall install the department's meter socket in the service entrance run.
[Ord. No. 1138 §1, 3-9-1993]
A. 
All underground services shall terminate in a junction box, meter socket or other enclosure located outside of the building or facility being served. The location and construction of such enclosure shall conform to the applicable requirements of the National Electrical Code. The customer shall be responsible for extending his service entrance from such enclosure.
B. 
If underground service is requested by a customer, the customer shall:
1. 
Provide the trench for such installation to a depth of not less than eighteen (18) inches below finished grade, provide all necessary backfilling, provide PVC conduit of an appropriate size for all buried cable or wire, and provide all other labor and material required for the installation to conform to applicable provisions of this Chapter and of the National Electrical Code; and
2. 
Pay the City's extra cost of underground cable used between the City's distribution lines and the meter socket compared to normal overhead entrance cable; and
3. 
Provide the City with a written utility easement for installation, replacement and maintenance of the underground service from the edge of the City's street right of way or existing easement to the meter socket.
[Ord. No. 1138 §1, 3-9-1993]
A. 
All new meters installed and connected to the distribution system for the first time on or after June 1, 1993, shall be installed outdoors in a location conforming to the minimum requirements of the National Electrical Code and reasonably accessible to personnel of the Electric Department.
B. 
All meters shall be installed at a minimum of three and one-half (3.5) feet and a maximum of five and one-half (5.5) feet above the ground or other accessible pedestrian surface adjacent to the meter location.
[Ord. No. 1138 §1, 3-9-1993]
A. 
Any customer may request a test to determine the accuracy of such customer's meter. Such test will be made by the Electric Department by comparison with accurate standards. When such test is requested by the customer, the results shall be furnished to the customer.
B. 
If any test made at the request of the customer discloses that the meter is registering correctly or within two percent (2%) of normal, the customer shall bear the actual expense of such test, not to exceed twenty dollars ($20.00) for residential meters or forty dollars ($40.00) for commercial and industrial meters. The expense of all other tests shall be borne by the City.
C. 
If any meter is found to register more than two percent (2%) above or below normal, then the readings of that meter, previously taken for billing purposes during the current month and for such prior period as there exists reasonable proof that the meter was similarly in error, shall be corrected according to the percentage of inaccuracy found. The customer's bill shall be adjusted upward or downward, as the case may be, for the corrected period.
D. 
After testing, meters shall be calibrated and restored to an accurate condition in accordance with industry standards before being returned to service.
[Ord. No. 1138 §1, 3-9-1993]
A. 
When it is determined by the Electric Department that a meter is defective from any cause, including improper connection or misapplication, and the percentage of error cannot be determined, or when a meter fails to register the electric energy and power consumed, the customer's bill shall be adjusted on the basis of an estimate made by the Superintendent based upon all credible evidence available.
B. 
Billing estimates for electricity shall be based on a like period of time during the previous year, with allowance made for any increase or decrease in electric appliances or other energy-consuming devices on the customer's premises.
C. 
Adjustments to customer's bills, on the basis of estimates, shall be made only for the billing period during which the defective meter was discovered, except that, if it is possible to establish beyond any reasonable doubt that the meter was defective during prior billing periods, adjustments on the basis of estimates shall also be made for such other billing periods.
[Ord. No. 1138 §1, 3-9-1993]
A. 
If a customer initiates the rewiring or other substantial renovation or replacement of the electrical wiring components of the customer's premises, such that Electric Department personnel are requested to disconnect the meter from service for a period in excess of 24 continuous hours, or if the customer requests the relocation of the service drop or underground service to the customer's premises, then as a condition of reconnecting the meter and service to such premises the Superintendent shall require compliance by such premises with all provisions of this Chapter which apply to the extension of new service to any premises of the same customer classification as that of the customer.
B. 
If a rehabilitation, upgrade, or increase in the capacity of the City's service is requested by a customer and if the existing service provided to the customer's premises is not defective at such time, the customer shall provide or pay for the actual cost of all material and labor furnished by the City in making such rehabilitation, upgrade or capacity increase, including but not limited to service entrance conductors, fittings, trenching and backfilling, and labor and equipment costs.
[Ord. No. 1138 §1, 3-9-1993]
The Electric Department shall furnish, install and maintain all primary metering equipment. When service is requested by a customer at primary voltage, and if the Superintendent agrees that such service may be provided efficiently by the Electric Department, the customer shall furnish, install and maintain all parts of the electric system beyond the primary metering point. Primary metering may be installed on any other service, when, in the opinion of the Superintendent, such type of metering best meets the requirements of the electric load to be served.
[Ord. No. 1138 §1, 3-9-1993]
A. 
The Electric Department shall furnish the electric meter and meter socket. There shall be no charge to the customer for meter capacity not exceeding two hundred (200) amperes. For installations which require a meter capacity exceeding two hundred (200) amperes, there shall be a charge to the customer for that portion of the Department's cost for the meter socket which exceeds the cost of a 200-ampere meter socket.
B. 
The meter loop, including all conduit, wire, fittings, fasteners and other accessories required for mounting and connecting the meter, shall be furnished, installed and maintained by the customer.
[Ord. No. 1138 §1, 3-9-1993; Ord. No. 1757 §3, 9-3-2008]
A. 
When requested, the Electric Department will install temporary service connections and provide temporary electric service, subject to the conditions contained in this Section. Except as provided in Subsection (F) of this Section, such temporary service may be extended by the City only when all of the following conditions are satisfied:
1. 
The service will be used for the purpose of constructing, improving or repairing a building or other facility which, when completed, will be permanently connected to the City's electric distribution system; and
2. 
All poles, wires, cables, transformers and other devices and appurtenances installed by the Electric Department to provide the temporary service, except the service drop and meter, shall be placed in the location to be required to provide the permanent service to the completed facility.
B. 
Temporary electric service to any facility will not be connected permanently to the City's electric distribution system. Temporary service of a different phase or voltage than that which will be utilized permanently, or temporary service requiring the installation of any poles or wires or electrical distribution material or apparatus which will not be utilized permanently, shall be provided only if the customer requesting such service assumes all costs incurred by the Electric Department in installing and removing such service, including the cost of labor, material not salvaged, engineering, supervision and overhead.
C. 
For all temporary electrical services, the customer shall furnish and install the temporary service pole, or other approved support, for attachment of the service drop, and shall furnish and install the meter loop, service entrance, and related components in accordance with Sections 720.060 and 720.090. In addition, all temporary service equipment and facilities furnished and installed by the customer shall conform to the following minimum requirements:
1. 
Weatherproof construction.
2. 
Minimum capacity sixty-ampere, three-wire conductors.
3. 
Neutral conductor and all metal parts grounded.
4. 
One 120-volt receptacle and one 240-volt receptacle.
5. 
Where a service drop does not cross a public street or alley, minimum of two-inch by six-inch boards securely braced to withstand 500 pounds of horizontal pull at the top, in the direction of the service drop.
6. 
Where a service drop does cross a public street or alley, minimum of treated pine or equivalent pole with a circumference at the top of 15 inches and of sufficient length to provide 18 feet of clearance above the street or alley surface. The pole shall be placed a minimum or four and one-half feet into the ground and braced or guyed to withstand 1,500 pounds of horizontal pull at the top, in the direction of the service drop.
D. 
Temporary service poles shall be placed upon the lot where the permanent structure is to be located and shall be located in an area that is accessible and provides a route for the service drop that is clear and free of obstruction. Temporary services shall not be attached to trees in any manner.
E. 
The Electric Department may disconnect a temporary service at any time for a failure to comply with any of the requirements of this Chapter or for other reasons of safety.
F. 
The Board of Aldermen may authorize the extension of temporary electric service upon conditions other than those provided in paragraph A of this Section when requested in connection with an event within the City sponsored by a civic, charitable, or non-profit organization, or during a Festival or Special Event, or whenever the Board finds that the health and welfare and general interests of the City are served by such request; but there shall be no general right for the extension of temporary service pursuant to this paragraph.
G. 
There shall be a charge of fifty-six dollars ($56.00) for the installation of any temporary electrical service in addition to any other charges or expenses (labor or material to be furnished) payable by the customer requesting the same. The customer shall pay all normal charges made by the City for providing the electrical power and energy metered to the temporary location according to the rate classification applicable to the customer's usage. The customer shall be required to pay the standard security deposit as a condition of receiving electrical service at such location.
[Ord. No. 1138 §1, 3-9-1993]
A. 
Each new customer who intends to reside in a mobile home and each developer of a mobile home park who requests electrical service at a new installation or who requests replacement of existing electrical service to a mobile home shall, as a condition of receiving such service, comply with the following requirements:
1. 
Meter socket or pedestal:
a. 
If more than one mobile home is intended to be served by a single service entrance conductor or set of conductors, the customer or developer shall purchase from the City a standard multi-meter pedestal to be used for mounting and connecting the meters. The cost of such pedestal to be charged the customer or developer shall be the City's actual cost, on a "last in, first out" basis, less the similar cost of a standard 200-ampere single meter socket.
b. 
If only one mobile home is intended to be served by a single service entrance conductor or set of conductors, the customer or developer shall provide a service pole, pursuant to Sections 720.060 and 720.090, or other suitable location conforming to the National Electrical Code for location and installation of the meter socket.
2. 
Each multi-meter pedestal shall contain a main fuse or circuit breaker and main disconnecting means for each meter to be connected at the pedestal, with a maximum amperage rating appropriate to the wiring type and capacity of the pedestal and meter socket.
a. 
Any mobile home service installation which is found by the Electric Department to be in violation of the pedestal and overcurrent provisions of this paragraph of this Section shall be disconnected by the Electric Department if the deficiency is not remedied within 60 days after written notice thereof from the Superintendent to the customer and to the owner of the mobile home park.
3. 
The customer shall be responsible for maintaining and replacing, as necessary to comply with the requirements of this Chapter, all equipment and wiring from the point of termination of the City's service entrance conductors.
[Ord. No. 1093 §6, 8-26-1991; Ord. No. 1138 §1, 3-9-1993; Ord. No. 1309 §1, 8-10-1999; Ord. No. 1358 §1, 7-9-2001]
A. 
All commercial and industrial customers shall be required at all times to maintain a power factor of not less than ninety percent (90%) lagging. If the power factor for all electrical energy delivered to a customer's premises is less than ninety percent (90%) lagging and the customer does not within seven (7) days after notice to the customer acknowledge in writing to the Electric Department responsibility for correcting the deficiency, and undertake appropriate corrective action within sixty (60) days after such notice to the customer, and complete such corrective action without delay within thirty (30) days after commencement, the Electric Department may, at its option:
1. 
Discontinue service to such customer's premises until all necessary corrective action is completed by the customer and all applicable re-connection charges and expenses are paid by the customer, or
2. 
Install necessary corrective equipment or facilities on the City's lines to improve the customer's power factor to at least ninety percent (90%) lagging and thereupon charge the customer for the total installed cost for the same (including material, labor and overhead costs), or
3. 
Make a charge equal to that determined under Subparagraph (2) hereof, on an estimated basis, as a contribution toward the costs of corrective equipment or facilities to be installed elsewhere in the City's system which will have an effect equivalent on the City's system as under either Subparagraphs (1) or (2) of this Subsection.
B. 
Whenever a separate, specialized or oversized substation or transformer must be installed specifically to eliminate the effect of unacceptable load characteristics from the City's electrical distribution system which would otherwise have the capacity to supply a normal load of the same size, or whenever a separate, specialized, or oversized substation or transformer is installed at a customer's request to supply electrical energy to the customer's equipment or apparatus which is sensitive to voltage, the cost of such substation or transformer shall be considered to be a corrective device under Subsection (A) of this Section, and the cost shall be recovered from the customer as provided in said Subsection (A).
C. 
In the event damage or loss to any equipment or facilities of City's electric distribution system occurs as the direct result of any failure by a customer to call costs, including labor, materials, and replacement of equipment, reasonably required to restore the City's system to its condition which existed immediately prior to such customer's failure.
D. 
Any special corrective equipment or facilities installed on the City's system pursuant to any paragraph of this Section shall be and remain the property of the City, irrespective of the payment of all or a portion of the cost thereof by a customer.
E. 
In addition to all other responsibilities imposed upon customers by other paragraphs of this Section, if a customer fails to take corrective action to adjust its load or power factor after notice as provided in this Section, such customer shall be charged, and shall pay to the City, a penalty equal to the product of:
1. 
One percent (1%) of the gross charge for electric energy delivered to such customer's premises during the current month's billing cycle times;
2. 
The difference, measured in percentage points, between the power factor required by this Section and the actual power factor measured or determined at such customer's premises for each day that the customer failed to adjust such power factor after the expiration of the period allowed for such adjustment after notice to the customer pursuant to Subsection (A) of this Section.
F. 
Any notice required or permitted by this Section shall be given by the Electric Superintendent or City Administrator or the designee of either official in the same manner as provided generally in Section 720.200 of this Code.
[Ord. No. 1138 §1, 3-9-1993]
Each customer of the Electric Department is advised, and by electing to receive electrical service from the Electric Department shall be deemed to acknowledge, that the City does not guarantee a constant supply of electrical energy and that the City shall not be liable for damage for any failure to supply the same.
[Ord. No. 1138 §1, 3-9-1993]
All customer installations and facilities shall conform to the express requirements of this Chapter, including portions of the National Electrical Code which are made applicable by this Chapter, as a condition precedent to the connection and extension of electrical service by the City to a customer's premises. Upon request from a customer for connection of new service or for re-connection of existing service after termination for any reason (other than temporary disconnection for the convenience of the Electric Department or other cause beyond control of the customer), the Superintendent shall inspect the relevant portions of the customer's facilities up to and including the service equipment to determine compliance with such requirements of this Chapter. If such facilities do not comply with such requirements, the Superintendent shall promptly inform the customer in writing of the nature of the deficiencies. The Superintendent shall not authorize connection of service until all noted deficiencies have been remedied to the satisfaction of the Superintendent.
[Ord. No. 1138 §1, 3-9-1993; Ord. No. 1897 §1, 4-22-2013]
A. 
The City reserves the right to trim, remove and control trees and other vegetation under, along or adjacent to the City's distribution system according to the following rules:
1. 
The City may trim, remove and control any trees and other vegetation on property that is owned by the City, within a City right-of-way, or within the legal description of any recorded easement. If the City does not possess the land and does not have a valid right-of-way or easement, then the City may trim, remove and control any trees and other vegetation as follows:
a. 
Within ten (10) feet plus one-half (½) the length of any attached cross arm of either side of the centerline of electricity lines potentially energized at or below thirty-four and one-half (34.5) kilovolts measured line to line.
b. 
Within fifty (50) feet of either side of the centerline of electricity lines potentially energized between thirty-four and one-half (34.5) and one hundred (100) kilovolts measured line to line; or within the greater of the following for any electricity lines potentially energized at one hundred (100) kilovolts or more measured line to line: (i) Seventy-five (75) feet to either side of the centerline; (ii) or any required clearance distance adopted by either the Federal Energy Regulatory Commission or an electric reliability organization authorized by the Energy Policy Act of 2005. Such exercise shall be considered reasonable and necessary for the proper and reliable operation of electric service and shall create a rebuttable presumption, in claims for property damage, that the City acted with reasonable care, operated within its rights regarding the operation and maintenance of its electricity lines and has not committed a trespass.
2. 
The City may trim, remove and control trees and other vegetation outside the provisions in Subsections (A)(1)(a) and (A)(1)(b) of this Section if such actions are necessary to maintain the continued safe and reliable operation of its electric lines.
3. 
The City may trim or remove any tree of sufficient height outside of the provisions of Subsections (A)(1)(a) and (A)(1)(b) of this Section when such tree, if it were to fall, would threaten the integrity and safety of any electric transmission or distribution line and would pose a hazard to the continued safe and reliable operation thereof.
4. 
Prior to the removal of any tree under the provisions of Subsection (A)(3) of this Section, the City shall notify the owner or occupier of land, if available, at least fourteen (14) days prior to such removal unless either the City deems the removal to be immediately necessary to continue the safe and reliable operation of its electricity lines or if the City is trimming or removing trees and other vegetation following a major weather event or other emergency situation.
5. 
If any tree which is partially trimmed by the City dies within three (3) months as a result of said trimming, the owner or occupier of land upon which the tree was trimmed may request in writing that the City remove said tree at the City's expense. The City shall respond to such request within ninety (90) days.
B. 
The City shall have the right to conduct tests at any reasonable time to determine that electricity provided to a customer under the residential rate classification is not used in connection with the operation of a business or commercial venture in violation of other provisions of this Chapter.
C. 
The City may terminate electrical service to any customer who violates any material provision of this Chapter, if the customer fails to remedy such violation within ten (10) days (or other period provided in this Chapter) after written notice thereof from the Superintendent setting forth the details of such violation.
D. 
The Electric Department may install a demand meter for any commercial customer whose energy usage exceeds two thousand (2,000) kilowatt-hours in any billing month.
E. 
The City shall have no responsibility for repair or replacement of any customer's building, improvement or vegetation located over or upon any electric utility easement or location of any lawfully-installed underground service.
F. 
Except as provided in Section 720.300, relating to reconnection of service after termination for delinquency, a customer shall pay a fee of ten dollars ($10.00) to the City for the cost of reconnecting electrical service to any premises owned or occupied by such customer after such service has been terminated or disconnected at such premises at the request of the customer, unless the reconnection follows the establishment of a new utility account for which a new deposit is paid pursuant to Section 720.230.