City of Kirkwood, MO City Electric System

The Electric Department of the City of Kirkwood shall conduct tests of electric meters upon requests and the following fees shall be charged:

Charge for testing meter shall be as set by the Council by resolution from time to time, unless the meter registers in excess of 102% of the actual usage, then there shall be no charge for such test.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 23-65 (Reserved)

§ 23-66 Unlawfully connecting and using electricity.

[Gen. Ords. 1959, § 24.11]

No person shall, without the consent of the City, unlawfully and intentionally convert to his use or the use of another person, from any wire or conductor of the City, any portion of the electric current or electricity distributed by the City, or unlawfully and intentionally prevent such current, or any portion thereof, from passing through any meter provided for measuring the same, or unlawfully and intentionally prevent such meter from registering correctly the current passing through it, or aid in any manner the unlawful conversion to his use, or the use of another, or any portion of such electric current, or knowingly accept or receive the use and benefit of electric current which should pass through a meter but has been diverted therefrom or which has been prevented from being correctly registered by a meter provided therefor, or which has been diverted from the wires or conductors of the City. The presence at any time on or about the meter or meters, wires or conductors of any device whatsoever which affects the diversion of electric current without the same being measured or registered by the City, shall constitute prima facie evidence of knowledge on the part of the person, who as owner or lessee, or otherwise at the time has the use, custody or control of the room or building where such device exists, of the existence thereof and the effect thereof, and shall further constitute prima facie evidence of the intention on the part of such person to defraud, and in case a check meter installed by the City registers more current than is registered by the meter installed in the customer's premises, such condition shall constitute prima facie evidence that such unregistered current has been wrongfully diverted by such customer, and shall further constitute prima facie evidence of the intention on the part of such customer to defraud.

§ 23-67 Injuring electrical equipment.

[Gen. Ords. 1959, § 24.12]

No person shall unlawfully and maliciously destroy, injure or otherwise tamper with any engine, generator, dynamo, machinery, meter, pipe, conduit, line or pole belonging to the City, or destroy, injure or otherwise tamper with any wires, cables, lamps or other apparatus placed upon poles belonging to or leased by the City.

§ 23-68 Disconnection for violation of rules; reconnection fee.

[Gen. Ords. 1959, § 26.09; Ord. No. 4675, § 3, 2-9-1961; Ord. No. 5552, § 1, 11-16-1972; Ord. No. 6682, § 1, 1-22-1981; Ord. No. 6913, § 1, 8-5-1982; Ord. No. 7122, § 1(a), 11-17-1983; Ord. No. 7656, § 3, 5-7-1987; Ord. No. 9430, § 6, 10-7-2004]

The City reserves the right to discontinue the supply of electric current to any consumer for a violation of any of the rules and regulations of the City relating to the electric system.

The Director of Finance shall give notice in writing to the customer by United States mail, postage prepaid, to the billing address of such customer as shown on the application originally made for such electric service, or on any amendment to such application as to mailing address or if no such mailing address is set forth, to the address of the premises where the current was consumed, which notice shall set forth the violation of the rule or regulation or rules and regulations complained of, and if within five days of the date of the notice, the violation has not ceased, the City Clerk shall certify such fact to the Superintendent of the Electric Department, or to the person acting in the capacity of the Superintendent of the Electric Department if there is none, and the Electric Department shall forthwith discontinue the electric service to such consumer.

A failure on the part of the consumer to actually receive the notice set forth in Subsection (b), shall not be an excuse or justification for the failure to correct the violation nor shall it prevent the discontinuance of the electric service to such consumer.

(d)

After electric service has been discontinued as provided in this section, it shall not be renewed until all bills for electric service due and owing to the City have been paid, the deposit for service required by this division has been made, and the actual cost of the discontinuance of the service not to exceed $50 has been paid; if the reconnection is made other than during normal working hours, the actual cost, without limit, shall be charged.

§ 23-69 through § 23-83. (Reserved)

DIVISION 2 Rates, Charges and Billing

§ 23-84 Rates established.

[Gen. Ords. 1959, § 2.402; Ord. No. 4617, §§ 1 — 3, 6-23-1960; Ord. No. 4746, § 1, 1-11-1962; Ord. No. 4748, § 1, 2-8-1962; Ord. No. 4781, §§ 1, 2, 8-9-1962; Ord. No. 4826, § 2, 6-20-1963; Ord. No. 4863, §§ 1, 2, 12-12-1963; Ord. No. 4864, § 1, 12-12-1963; Ord. No. 4865, § 1, 12-12-1963; Ord. No. 4901, § 1, 7-9-1964; Ord. No. 4938, § 1, 1-7-1965; Ord. No. 5009, § 1, 1-20-1966; Ord. No. 5109, § 1, 7-13-1967; Ord. No. 5147, § 1, 12-20-1967; Ord. No. 5148, § 1, 12-20-1967; Ord. No. 5321, §§ 1 — 10, 3-12-1970; Ord. No. 5458, § 1, 1-22-1972; Ord. No. 5576, § 1, 3-8-1973; Ord. No. 5693, § 1, 5-2-1974; Ord. No. 5733, § 1, 7-11-1974; Ord. No. 5911, § 1, 1-22-1976; Ord. No. 5978, § 1, 6-17-1976; Ord. No. 6071, § 1, 1-13-1977; Ord. No. 6244, § 2, 2-16-1978; Ord. No. 6264, § 1, 3-23-1978; Ord. No. 6283, §§ 1, 2, 5-18-1978; Ord. No. 6300, § 1, 7-20-1978; Ord. No. 6383, § 1, 2-15-1979; Ord. No. 6398, §§ 1, 2, 3-15-1979; Ord. No. 6466, § 1, 9-20-1979; Ord. No. 6467, §§ 1, 3, 9-20-1979; Ord. No. 6468, § 1, 9-20-1979; Ord. No. 6493, §§ 1, 2, 10-22-1979; Ord. No. 6494, § 1, 10-22-1979; Ord. No. 6608, § 3, 6-19-1980; Ord. No. 6743, § 1, 5-21-1981; Ord. No. 6744, §§ 1, 2, 5-21-1981; Ord. No. 6758, § 1, 7-2-1981; Ord. No. 6792, §§ 1, 2, 9-3-1981; Ord. No. 6784, §§ 1 — 3, 8-6-1981; Ord. No. 6785, § 1, 8-6-1981; Ord. No. 6851, § 1, 3-18-1982; Ord. No. 6914, §§ 1, 2, 8-5-1982; Ord. No. 6994, §§ 1, 2, 2-3-1983; Ord. No. 7072, §§ 1, 2, 7-21-1983; Ord. No. 7196, § 1, 5-17-1984; Ord. No. 7236, §§ 1, 2, 8-16-1984; Ord. No. 7304, §§ 1, 2, 2-7-1985; Ord. No. 7339, §§ 1, 2, 4-18-1985; Ord. No. 7369, § 1, 6-20-1985; Ord. No. 7433, § 1, 12-5-1985; Ord. No. 7529, §§ 1, 2, 5-1-1986; Ord. No. 7656, §§ 1, 2, 5, 6, 5-7-1987; Ord. No. 7720, § 1, 12-17-1987; Ord. No. 7734, §§ 1, 2, 1-21-1988; Ord. No. 7759, § 1, 5-5-1988; Ord. No. 7829, §§ 1, 2, 11-7-1988; Ord. No. 8024, §§ 1, 2, 1-3-1991; Ord. No. 8450, § 1, 9-21-1995; Ord. No. 8920, § 1, 6-1-2000; Ord. No. 9192, § 1, 9-5-2002; Ord. No. 9326, § 1, 8-21-2003; Ord. No. 9336, § 1, 9-18-2003; Ord. No. 9429, § 1, 9-16-2004; Ord. No. 9682, § 1, 7-19-2007; Ord. No. 9831, § 1, 2-19-2009; Ord. No. 9932, § 1, 6-17-2010; Ord. No. 10118, § 1, 2-7-2013; Ord. No. 10310, 1-21-2016; Ord. No. 10593, 6-6-2019]

Electric current disposed by the City shall be sold at the rates set forth below:

Definitions. As used in this section, the terms and symbols shall have the meanings indicated.

CLASS OF CUSTOMER

Each customer shall be in a rate class according to the type of customer, quantity of current used, demand for current and type of service as set forth:

RESIDENTIAL CLASS (CLASS R)This class shall include customers utilizing current for usual residential purposes only, including:

A single-family residential structure.

Separately metered units occupied for residential or sleeping purposes only in a multiple-unit structure.

Single metered multiple-occupancy buildings used for residential occupancy only subject to rate calculations set forth for such class.

(ii)

GENERAL SERVICE CLASSThis class shall include all nonresidential, secondary service customers, including:

CLASS GS-ASmall general service customers are those whose demand is usually less than 100 kw in the summer.

CLASS GS-BLarge general service customers are those whose demand is 100 kw or greater in the summer.

(iii)

PRIMARY SERVICE CLASS (CLASS P)This class shall include customers of service supplied at a standard three-phase primary service voltage.

(iv)

OUTDOOR LIGHTING CLASS (CLASS OL)This class shall include approved private streetlighting and outdoor lighting area fixtures. Approved fixture styles include:

Incandescent lamps installed and approved prior to September 30, 1963.

Standard side-mounted mercury vapor hood with open bottom glassware.

Pole-mounted, directional, mercury vapor luminaire; limited to installation on existing wood pole accessible to Electric Department basket truck and provided that capacitors, sectionalizers, regulators, cable terminations or 34.5 kw switches are not mounted on such pole.

Post-top-mounted, enclosed, mercury vapor luminaire, including standard post; limited to installations taken under ten-year contracts only.

SEASONAL RATE

Winter and summer rates are as follows:

WINTERThe winter rate includes the months in which bills are rendered in October, November, December, January, February, March, April and May.

(ii)

SUMMERThe summer rate includes the months in which bills are rendered in June, July, August and September.

SYMBOLS UTILIZED

As used within this section, the following symbols have the meanings set forth:

kw: Kilowatt.

kwh: Kilowatt-hour.

W: Winter season.

S: Summer season.

X: kwh.

Y: kw.

Effective dates. The effective dates for the rates previously set forth above shall be as follows:

	Class R	Effective date - October 2002 Billing Cycle
	Class GS-A	Effective date - October 2002 Billing Cycle
	Class GS-B	Effective date - October 2002 Billing Cycle
	Class OL	Effective date - October 2002 Billing Cycle
	Class P	Effective date - October 2002 Billing Cycle
	Class MA	Effective date - October 2002 Billing Cycle

Services to be supplied. The City shall furnish the service indicated to each of the specific rate classes as indicated:

R. Standard single-phase service voltage. Three-phase residential secondary service may be added, but readings shall be combined with single-phase service. No more than one single-phase and one three-phase meter will be accumulated for billing.

GS-A, B. Standard single- or three-phase secondary voltage. In the event consumption exceeds 25,000 kwh per month, or in the event the Superintendent of Utilities has reason to believe the customer's demand exceeds 250 kw, the City may require the installation of a demand meter.

P. Standard three-phase primary voltage with demand meter.

OL. Supply, install and maintain approved fixtures and supply appropriate current for fixtures. The service rendered to this class shall, in addition to all other applicable provisions of the City ordinances, be subject to the following terms and conditions:

Standard equipment. Customers shall select the type of lamp and lumen rating of the standard equipment offered by the Electric Department and shall specify the desired location of the fixture. The outdoor area lighting service provided a customer hereunder shall be supplied through fixtures attached to distribution poles of the Electric Department, if in the sole determination of the Electric Department such pole can be utilized. No more than one additional pole may be installed and utilized for the exclusive purpose of rendering service hereunder unless for the purpose of providing private street or private outdoor area lighting.

(ii)

Special equipment. At the request of the customer and in the sole discretion of the Electric Department, the City may install nonstandard equipment. Before any such installation shall be made by the Electric Department, customers shall pay to the Electric Department, in advance, the estimated installed cost of special equipment and the payment shall not be subject to refund. Rates for such special installation shall be determined by the City and set forth in the contract between the City and customer.

(iii)

Contract. The customer shall enter into a contract on approved forms for the type of service desired. In the case when only lamps and fixtures are to be installed, the minimum term of such a contract shall be one year. If any additional facilities or special installation work is required, the minimum contract period shall be three years. After the original contract term is completed, the contract shall continue in force and shall be subject to termination upon the giving of 30 days' notice either by the Electric Department or the customer.

(iv)

Permits. The customer shall furnish to the City without cost to the City or the Electric Department, and in such form as shall be suitable and approved by the City, all rights, permits and easements necessary to permit the installation and maintenance of the equipment on, over, under and across private property where and as needed by the Electric Department in providing service under this subsection.

(v)

City owns and maintains equipment. All equipment installed by the Electric Department shall remain the property of the City, and may be removed by the Electric Department if service is discontinued. Such equipment as herein installed shall be maintained by the Electric Department during normal business hours.

(d)

Surcharge. In addition to the above rates there will be imposed a 7 1/2% surcharge in lieu of the license tax of 7 1/2% of the gross receipts of persons selling or distributing electricity in the City of Kirkwood in accordance with § 23-208 of the Code of the City of Kirkwood.

(e)

Fee for service and installation of electric meters and transformers. There shall be a service and installation fee on the installation of electric meters and transformers at commercial and industrial establishments. Such fee shall be determined by the Superintendent of the Electric Department and shall be determined by the cost of such equipment to the City and the cost of labor to complete the installation. Such fee shall be due and payable within 10 days after billing by the City and shall be subject to the same conditions and penalties for delinquency as applies to charges for electrical energy. At all times and for all purposes such equipment shall be deemed the property of the Electric Department of the City of Kirkwood and the payment of such fees to the City shall not be deemed to be a purchase of such equipment from the City.[1]

Editor's Note: Ord. 6785, § 1, enacted 8-6-1981, amended the Code by adding § 23-84(b). Inasmuch as the Code already contained a § 23-84(b), the provisions were redesignated as § 23-84(f).

(f)

Special regulations with regard to customers in Classes GS-A, GS-B and P.

The City's rates applicable to industrial and commercial services are based on all such customers maintaining a power factor of not less than 90% lagging. In the event a customer's power factor is less than 85% during periods of normal operation, the City shall have the right to require the customer to install, at his own expense, such corrective equipment as may be required to increase the customer's power factor to not less than 85%.

All of the customer's lighting equipment, motor-driven equipment, apparatus, and appliances shall have such characteristics or be equipped with corrective devices so as to enable the City to maintain a satisfactory standard of service. In the case of high motor starting current, violently fluctuating or intermittent loads, the City reserves and shall have the right to require the customer to install, at his own expense, apparatus to correct the objectionable conditions.

When a separate or oversized substation or transformer must be installed specifically to eliminate the effect of the objectionable load characteristic from the distribution system which would otherwise have the capacity to supply a normal load of the same size, or where separate transformers and/or service are installed at customer's request to supply apparatus which is sensitive to voltage, the cost of such substation or transformer is considered as a corrective device under Subsection (2) above.

(4)

When a customer fails to install the necessary facilities on its premises to correct the objectionable conditions of its load, or to prevent such objectionable conditions from interfering with the City's supply of satisfactory service to other customers, the City shall have the right to deny service to such customer until the objectionable condition shall have been corrected in a manner satisfactory to the City, provided that no service to any customer shall be discontinued unless such customer has been given 10 days' notice of such termination and the right to consult with an appropriate employee of the Electric Department during such ten-day period.

(5)

Where corrective equipment may be and is installed by the City on its distribution system to correct any of the aforesaid objectionable conditions, the customer will be required to pay to the City, without refund, the installed cost of such corrective equipment plus 3/10 of 1% per month of such costs for maintenance of said facilities. All such equipment shall remain the property of the City. In lieu of such payment, and subject to approval by the City, the customers may elect to pay the City a monthly charge equal to 3/4% of the installed cost of such corrective equipment, which monthly charge shall continue for a minimum period of 10 years. Such charges are not subject to refund.

(g)

Rider I rates.

Determination of monthly billing demand definitions. The monthly billing demand of any nonresidential customer who is taking secondary service shall, upon his request therefor, be determined as follows:

The billing demand in any month shall be the highest demand established during peak hours or 50% of the highest demand during off-peak hours, which ever is highest during the month, but in no event less than 100 kw.

Peak hours and off-peak hours are defined as follows:

OFF-PEAK HOURS

10:00 p.m. of Monday through Thursday to 10:00 a.m. of the following day, and from 10:00 p.m. Friday to 10:00 a.m. Monday. The entire 24 hours of the following days:

	New Year's Day
	Good Friday
	Memorial Day
	Independence Day
	Labor Day
	Thanksgiving Day
	Thanksgiving Friday
	Christmas Eve Day
	Christmas Day

PEAK HOURS

10:00 a.m. to 10:00 p.m., Monday through Friday.

All times stated above apply to the local effective time.

Metering equipment cost borne by customer. The customer shall pay for all metering equipment necessary for the application of the provisions of this rider at the charges specified below:

Single meter (1-TM-80)

$14 per month

Effective period of rider. This rider, if requested by a customer, shall remain in effect for an initial period of three years, and shall be terminable thereafter on three days' notice.

(h)

Rider II rates: net metering service.

Applicable service territory. Net metering is available in the distribution service territory of Kirkwood Electric at any point on the Utility's existing facilities that have adequate capacity and suitable voltage for delivery of service.

Availability of service. Net metering service is available to any customer that owns and operates a solar, wind, or biomass generating facility or hydrogen fuel cell with a capacity of not more than 60 kilowatts that is located on the customer's premises, is interconnected and operates in parallel, with the Utility's existing transmission and distribution facilities, and is intended primarily to offset part or all of the customer's own electrical power requirements. Availability of this service is limited by a system total of 60 kilowatts for the Kirkwood Electric distribution system. Once the total installed customer-generation (as defined by RSMo. 386.887) on Kirkwood Electric's distribution system reaches 60 kilowatts, no additional customer-generation will be allowed to connect to the system. This rider is offered in compliance with Consumer Clean Energy Act (Section 386.887, RSMo. Supp. 2002).

Definitions.

NET METERING

Measuring the difference between the electricity supplied by the Utility and the electricity generated by an eligible customer-generator and fed back to the electric grid over the applicable billing period.

(4)

Monthly billing.

The electric service charge shall be computed in accordance with the monthly billing under the customer's effective standard rate schedule. Under this net metering rider, only the kilowatt-hour (kwh) units of a customer-generator's bill are affected.

If the electricity supplied by the Utility exceeds the electricity generated by the customer-generator during the applicable billing period, the customer-generator shall be billed for the net billable kwh supplied by the Utility in accordance with the rates and charges under the Utility's standard rate schedule applicable to the customer.

If the electricity generated by the customer-generator exceeds the electricity supplied by the Utility, the customer-generator shall be credited for the net value of the electric energy delivered to the Utility during the applicable billing period at the Utility's avoided cost, with this credit appearing on the customer-generator's bill no later than the following billing period.

Kirkwood Electric's Avoided Cost

Energy cost, per kwh

$0.175

(5)

Special conditions.

The customer-generator must have a signed standard interconnection application/agreement with the Utility.

The customer-generator is responsible for all costs associated with its generating facility and is also responsible for all costs related to any modifications to the facility that may be required by the Utility for purposes of safety and reliability.

A net metering facility shall meet all applicable safety and performance standards established by the National Electrical Safety Code, the National Electrical Code, the Institute of Electrical and Electronics Engineers, and Underwriters' Laboratories.

Rider PPA - purchase power adjustment clause:

Rider PPA Purchase Power Adjustment Clause
Applicability
This Rider is applicable to kilowatt-hours (kwh) of energy supplies to customers served by Kirkwood Electric Bill Codes E1, E2, E3, E4, including City-owned and customer-owned outdoor lighting.
Costs passed through this Purchased Power Adjustment Clause (PPA) reflect differences between actual purchase power costs, estimated purchased power costs and targeted reserve fund levels.
For purposes of this PPA, the true-up year shall be from January 1 through the last day of December of the current year. The accumulation periods and recovery periods are set forth in the following table:
Accumulation Period (AP)	Filing Date	Recovery Period (RP)
February through May	By August 1	October through September
June through September	By December 1	February through January
October through January	By April 1	June through May
Accumulation period (AP) means the historical calendar months during which the purchased power costs are determined.
Recovery period (RP) means the billing months set forth in the above table during which the difference between the actual purchase power costs, the estimated purchased power costs, and the targeted reserve fund levels are applied to and recovered through the customer billings on a per kwh basis.
The Electric Department will make a purchased power adjustment filing (FPPA) to the City Council by each filing date. The new rates for which the filing is made will be applicable starting with the recovery period that begins following the filing date. All FPPA filings shall be accompanied by detailed work papers supporting the filing in an electronic format.
FPPA Determination
The difference between the actual power supply costs, the estimated purchased power costs, and the targeted reserve fund levels for all kwh supplied to Kirkwood Electric customers during the respective accumulation periods shall be reflected as an FPPA credit or debit, stated as a separate line item on the customer's bill and will be calculated according to the following formulas.
For the FPPA filing made by each filing date, the FPPA_C rate, applicable starting with the recovery period following the applicable filing date, to recover purchased power costs as defined below, during the recently-completed accumulation period, is calculated as:
FPPA_(RP)=((CPP-ECPP) + (ARFL-TRFL))/S_RP
The PPA rate, which will be multiplied by the voltage level adjustment factors set forth below, applicable starting with the following recovery period, is calculated as:
FPPA_C = FPPA_(RP) + FPPA_(RP-1) + FPPA_(RP-2)

Where:
	FPPA_C	=	Purchased Power Adjustment rate applicable starting with the recovery period following the applicable filing date
	FPPA_(RP)	=	FPPA recovery period rate component calculated to recover under/over collection during the accumulated period that ended prior to the applicable filing date
	FPPA_(RP-1)	=	FPPA recovery period rate component from prior FPPA_(RP) calculation, if any
	FPPA_(RP-2)	=	FPPA recovery period rate component from prior FPPA_(RP) calculation prior to FPPA_(RP-1), if any
	CPP	=	Cost of purchased power reflected in the wholesale purchased power billings
	ECPP	=	Estimated cost of purchased power reflected in the fiscal year budget
	ARFL	=	Actual reserve fund level reflected in the current fiscal year activity
	TRFL	=	Targeted reserve fund level reflected in the current fiscal year budget
	S_RP	=	Applicable recovery period estimated kwh, at the generation level, subject to the FPPA_RP to be billed.

To determine the FPPA rates applicable to the individual service classifications, the FPPA_C rate determined in accordance with the foregoing will be multiplied by the following voltage level adjustment factors:
	Secondary voltage service	1.0888
	Primary voltage service	1.0492
The FPPA rates applicable to the individual service classifications shall be rounded to the nearest $0.001, to be charged on a cents/kwh basis for each applicable kwh billed.
TRUE-UP FPPA
After the completion of each fiscal year, the Electric Department will make a true-up filing during the normal budget cycle with the City Council. Such a filing will be made every year until all purchased power costs accumulated during the effective period of the PPA have been recovered and trued-up.
The true-up adjustment shall be the difference between the revenues billed and the revenues authorized for collection during the fiscal year.

(j)

Rider KGVP - Kirkwood Green Voluntary Program:

	Rider KGVP Kirkwood Green Voluntary Program
	Purpose
	The purpose of this Kirkwood Green Voluntary Program is to provide customers with the option to contribute to the further development of renewable energy purchased or developed by the Electric Department. Qualified renewable energy sources include solar, wind, hydroelectric, geothermal, landfill gas, biomass, biodiesel used to generate electricity, agricultural crops or waste, all animal and organic waste, wood chips, all energy crops, and other renewable resources deemed to be Green-e Certified by the Center for Resource Solution's Green-e standard. All Electric Department customers can voluntarily contribute $0.0165 per kwh based on their monthly metered kwh usage.
	MONTHLY CHARGES
	$0.0165 per kwh based on the customer's actual metered usage.

§ 23-85 Preparation, correction of bills.

[Gen. Ords. 1959, § 24.03]

Bills for the use of electric current from the City electric lighting system shall be made out by the Director of Finance from the records of the latest inspections of electric meters. The amounts charged to each customer shall conform to the rates established by this division.

Electric meters will be reinspected for the correction of bills on request of the customer, if the bill is returned and the request is made not later than five days after the bill becomes due. Failure to receive bills shall not entitle customer to any extension of time for reinspection. When the reinspection shows that an overcharge has been made on the original bill, the Director of Finance shall thereupon refund the amount of the overcharge to the customer.

§ 23-86 Billing period.

[Gen. Ords. 1959, § 24.04]

Bills for the use of electric current shall in general be made up for the period of 30 or 31 days, except that bills for shorter periods may be rendered in those cases where the Director of Finance deems it essential for the protection of the City, or where the use of electric current for a specified purpose is restricted to a definite period of time less than the regular period.

It shall be the duty of the Director of Finance to divide the City into as many districts and subdistricts as he may deem necessary. The boundaries of the districts and subdistricts may be changed at the discretion of the Director of Finance.

All bills for the use of electric current on premises within any district or subdistrict shall be made payable on any weekday of the calendar month designated by the Director of Finance, except where applications are made for use of electric current on premises newly built or reconstructed, or where applications for use of electric current made because of a change in owners, tenants or occupants, or because of the occupancy of premises previously vacated, or for any use of electric current necessitating an application for such use on any other date than the one fixed for payment of bills in that district or subdistrict. All short-term bills shall be issued so as to terminate on the same date as the full-term bills.

§ 23-87 Consumer liable for charges until notice to discontinue service.

[Gen. Ords. 1959, § 24.01]

The person who applies for and is granted electric service shall be liable for all current consumed until written notice is delivered to the Director of Finance to discontinue the service.

§ 23-88 Interest charge and discontinuance of service for nonpayment of charges.

[Ord. No. 8564, § 4, 11-21-1996; Ord. No. 10025, § 2, 8-4-2011]

Interest charge. In the event an electric service bill is not paid within 21 days of the bill date, interest at the rate of 1 1/2% will be charged on the unpaid balance as of the cash cutoff date of the new bill, including the gross receipts tax amount, and continue to be charged each month thereafter until all overdue amounts are paid in full. A fee as set by the Council by resolution from time to time is charged to the customer on any check returned for insufficient funds.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Discontinuance of service.

In the event a customer has an unpaid balance on an electric service account for three consecutive months, the electric service account is deemed to be delinquent. Once an electric service account is deemed delinquent, the City's credit and utility billing supervisor shall provide written notice to the most current billing address of the customer, containing the following:

	"NOTICE OF INTENDED DISCONTINUANCE OF ELECTRIC SERVICE"
	"Your electric bills from the City of Kirkwood for the past three months up to and including the bill of ______________, 20_____ have not been paid in full. Therefore, pursuant to § 23-88 of the Ordinances of the City of Kirkwood, your electric service will be discontinued if the balance is not paid in full or other arrangements are made with the City's credit and utility billing supervisor within six calendar days from the date of this notice."

"NOTICE OF INTENDED DISCONTINUANCE OF ELECTRIC SERVICE"

"Your electric bills from the City of Kirkwood for the past three months up to and including the bill of ______________, 20_____ have not been paid in full. Therefore, pursuant to § 23-88 of the Ordinances of the City of Kirkwood, your electric service will be discontinued if the balance is not paid in full or other arrangements are made with the City's credit and utility billing supervisor within six calendar days from the date of this notice."

If the customer of electric service fails to pay the bill in full or make other arrangements with the Director of Finance within the aforementioned six-day notice period provided in this section, the City's Electric Department will forthwith discontinue the electric service to such customer and the bill may be specially assessed against the real property.

Notwithstanding the other provisions of this section, the City will not discontinue electric service to residential properties during the months of November through March.

If a customer is notified of a delinquent electric service account, that customer, prior to the expiration of the six-day notice period provided in this section can request the City's installment payment plan to allow the customer to make partial payments over a specific period of time of the overdue amount. Along with these partial payments as determined by the Director of Finance, the customer must pay in full each succeeding monthly electric service bill.

(4)

The City's credit and utility billing supervisor may, in his/her discretion, consider account history and/or general credit history of the customer in determining whether to allow an installment plan and, if so, the parameters of that plan. The Director of Finance may also order the installation of a current limiting device for the customer. No current limiting device, however, shall be installed at any residential property with central electric heating during the months of November through March.

At the time of the discontinuance of the electric service to a consumer as set forth in Subsection (b), a final reading of the meter of such consumer shall be made, and that reading shall be certified to the Director of Finance. The Director of Finance shall determine the full amount due to the City for electric service consumed by the consumer up to the time of the discontinuance of the service, and shall apply any deposit on hand against said amount. If the deposit on hand shall exceed the total amount of the final bill for electric service, the balance thereof shall be transmitted to the consumer. If the deposit on hand shall be insufficient to pay the full amount of the final billing, the Director of Finance shall render a final bill for the balance due to the consumer and also transmit the account to the City attorney for further action and collection. At the time of the transmission to the consumer of either a refund from an excess deposit or a final billing for additional amounts due over and above any deposit on hand, the Director of Finance shall set forth all pertinent details as to the amount of electric current consumed, used to determine the final billing.

(d)

The failure on the part of the consumer to receive the notice as set forth in Subsection (b) shall be no reason or excuse or justification for the failure to pay the bill as required or to prevent the discontinuance of electric service.

(e)

When any electric service of a consumer has been discontinued as provided in this section it shall not be resumed for such consumer at the same or any other address until all unpaid bills shall have been paid, and the actual cost of the discontinuance of the service, not exceeding $50 for reconnections during normal working hours, or the actual cost after normal working hours, shall also have been paid.

§ 23-89 City not liable for failure of electric current supply.

[Ord. No. 7113, § 1, 10-20-1983]

Connection to the City electric supply and the use of such current is accepted by the user of such current upon the express understanding that the City shall not be liable for any damages or injuries by reason of termination of the supply of such electric current for any reason whatsoever.

§ 23-90 (Reserved) [1]