All requests for utility service by the city, whether electric service, water service, sewage service or other service will be made on the city’s standard request or contract form and accepted by the city before any service is supplied by the city. The city may refuse service to an applicant for:
(1) 
Being indebted to the city for any utility service, electric, water, sewage or otherwise, rendered at any location. Service will be given once the indebtedness is paid or secured to the satisfaction of the city;
(2) 
Refusing to make a deposit as required by the city’s deposit policy; or
(3) 
If the applicant’s installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given.
(2004 Code, sec. 13.401)
(a) 
The city will use reasonable diligence to provide a satisfactory constant and uninterrupted supply of utilities to its customers, but the city does not guarantee or warrant that the supply will not fail or be interrupted. The city shall make reasonable efforts to reestablish any utility service with minimum of delay when failures or interruptions occur. However, the city shall not be liable for, and a customer shall indemnify the city against, either direct or consequential damages resulting from any utility failures or interruptions including, but not limited to acts of God, public enemy, sabotage and/or vandalism, accidents, fire, explosion, labor troubles, strikes, order of any court or judge granted in any bona fide adverse legal proceedings or action, or any order of any commission, tribunal or governmental authority having jurisdiction or, without limitation by the preceding enumeration, any other act or thing due to causes beyond its control, or to the negligence of the city, its employees, or contractors, whether sole or joint and concurrent with the negligence of the customer or third parties, except to the extent that the damages are occasioned by the gross negligence or willful misconduct of the city.
(b) 
The city may without notice and without liability to a customer interrupt service to the customer when in the city’s sole judgment such interruption:
(1) 
Will prevent or alleviate an emergency threatening to disrupt the operation of the city’s system;
(2) 
Will lessen or remove possible danger to life or property;
(3) 
Will aid in the restoration of a utility service; or
(4) 
It is required to make necessary repairs to or changes in the city’s facilities.
(c) 
A customer may request in writing that the city provide notice of intentional interruption of service by contact at an address and telephone number provided in such written request by the customer and the city will exercise reasonable diligence to give such notice but does not warrant that notice will be given in every case of intentional interruption.
(2004 Code, sec. 13.402)
(a) 
Applicable.
To all customers of utility service from the city as outlined below.
(b) 
Deposits.
(1) 
Amount of deposit for residential service.
The required deposit for residential service shall not be less than three hundred dollars ($300.00). A deposit is required for all residents. Residential customer deposits are held as long as the account is active. When the account is closed, the deposit is applied toward payment of the final billing. Any credit balance will be refunded to the customer.
(2) 
Amount of deposit for commercial and industrial services.
The city may require an applicant for commercial service and industrial service to pay a deposit sufficient to reasonably protect the city against the annual risk for any such services. The deposit may not be less than three hundred dollars ($300.00) but not to exceed two thousand dollars ($2,000.00). A deposit is required for all commercial and industrial customers. Commercial and industrial deposits are held as long as the account is active. When the account is closed, the deposit is applied toward payment of the final billing. Any credit balance is refunded to the customer.
(3) 
Amount of deposit after delinquent.
The city may require an additional deposit to exceed the deposit amount specified in subsection (b)(1) if a customer has two occasions during the last twelve (12) consecutive months of service in which the customer’s bill for electric service was paid after becoming delinquent. The deposit will be required to be paid within ten (10) days after the issuance of written termination notice and requested deposit.
(c) 
Refund of deposit.
(1) 
Refund of deposit after disconnection of services.
After disconnection of service, and if service is not reconnected, the city shall refund the customer’s deposit in excess of any unpaid bills for services furnished within ten (10) working days of final bill.
(2) 
Records of deposits.
(A) 
The city shall keep records to show:
(i) 
The name and address of each depositor.
(ii) 
The amount and date of the deposit.
(iii) 
Each transaction concerning the deposit.
(B) 
The city shall issue a receipt of deposit to each applicant from whom a deposit is received and shall provide means whereby a depositor may establish claim if the receipt is lost.
(C) 
A record of each unclaimed deposit shall be maintained for at least four years during which time the city shall make a reasonable effort to return the deposit.
(Ordinance 02-2019 adopted 2/14/19)
(a) 
The city council does hereby adopt the following procedures and rates regarding inaccessible meters for electric and water service within the city and designates the foregoing as special conditions of service per utility rate schedule of the city.
(b) 
Customers who have inaccessible meters will be billed ten dollars ($10.00) monthly for each meter. “Accessibility” means that fence gates must not be locked (meter readers will not jump fences, keep up with keys or codes, nor will meter readers ring doorbells to gain access). The customer will be responsible for furnishing the readings to the billing department on the specified dates determined by the meter reading cycle. In the event the reading is not furnished, an estimate of two (2) times the prior month’s usage will be made. A credit will be given the next month if this proved to be an overestimate.
(Ordinance 04-2022 adopted 2/10/22)
(a) 
Prohibited.
(1) 
It shall be unlawful for any person, other than an authorized officer or employee of the city, to knowingly or intentionally:
(A) 
Remove or cause to be removed any electrical meter owned by said city from any electrical meter terminal box;
(B) 
Remove or cause to be removed the cover or any other part or portion from any such meter or terminal box, or loosen or cause to be loosened any part or portion thereof;
(C) 
Insert or cause to be inserted any foreign object or inject or cause to be injected any foreign substance into any such meter or terminal box;
(D) 
Make or cause to be made any adjustment in the mechanism of any such meter;
(E) 
Tap onto or connect or cause to be tapped onto or connected any wire to the supply conductor of any such terminal box;
(F) 
Deny access at any time to any meter by enclosing the meter within a fence without available means of passage, or by enclosing the meter within any structure, or by harboring vicious or threatening animals in the vicinity of the meter.
In the prosecution of any offense charged under subsection (a)(1)(A) and (a)(4)(B) hereof, it shall be a complete defense to such offense if the person charged shows to the court by legal and competent evidence that:
(i)
Such meter was removed for the purpose of protecting life or preserving property being immediately threatened by a fire on the premises served by such meter;
(ii)
Such meter was removed for the purpose of preventing a fire to the structure served by it due to a short circuit in the electrical conductor between the terminal box in which such meter was housed and a main line switch or fuse box; or
(iii)
Such meter was removed by a duly licensed electrician to facilitate the repair of a defective electrical conductor or for checking supply voltage, and at a time when an employee of said city within said department of electric utilities was not available to remove such meter.
In the event of the removal of any electrical meter by a duly licensed electrician under the circumstances last hereinabove enumerated, the fact of such removal and the circumstances permitting the same must be reported to the public works director by such electrician not later than one hour after the commencement of the work day of such municipal employee next following such removal.
(2) 
Unless written permission be first obtained from the public works director of said city, it shall be unlawful for any person, other than an authorized officer or employee of said city, to knowingly or intentionally:
(A) 
Tap onto or connect or cause to be tapped onto or connected any pipe with any water distribution main or line owned by said city;
(B) 
Disconnect or cause to be disconnected any such water meter from any such water distribution main or line owned by said city; or
(C) 
Remove or cause to be removed the cover from any such water meter.
(3) 
In the event any such electrical meter be found to have been removed, or the cover or any part or portion of any such meter or terminal box be found to have been removed, or any part or portion thereof be found to have been loosened, or any foreign object be found to have been inserted, or any foreign substance be found to have been injected into any such meter or terminal box, or any adjustment be found to have been made in the mechanism of any such meter or any wire be found to have been tapped onto or connected to the supply conductor of any such terminal box, or if any meter be found to be inaccessible due to enclosure within a fence without available means of passage in accordance with article 13.01, enclosure within a structure or the presence of vicious or threatening animals, or if any pipe be found to have been tapped onto or connected with any such water distribution or sewer collection main or line, or if any such water meter be found to have been disconnected from any such water distribution main or line, or if the cover of any such water meter be found to have been removed, or the finding at any time of any fact, circumstance or condition on or about any such electrical meter, terminal box, conductor, water meter, or water distribution or sewer collection main or line tending to show or evidencing that any such act or acts have been committed or performed in violation of any portion or provision of this section, the same shall be and constitute prima facie evidence and rebuttable evidentiary presumption of knowledge on the part of the person having subscribed for electric or water service through any such electric or water meter, or the person having the custody, control or management of the building, room, or place for which such subscription is made, of the performance or commission of any such act or acts prohibited under the terms and provisions of subsections (1) and (2) hereof, that such subscriber or other person performed or committed such act or acts or caused or occasioned the performance or commission of the same, and shall bring such subscriber or other person prima facie with the scope, meaning and penalties hereof.
(4) 
Unless written permission be first obtained from the public works director of said city, it shall be unlawful for any person, other than an authorized officer or employee of said city, to knowingly or intentionally:
(A) 
Tap onto or connect or cause to be tapped onto or connected any pipe with any sewer collection (gravity flow or forced) main or line owned by said city;
(B) 
Remove or tamper with any part or device of said city sewer system.
(b) 
“Person” defined.
As used herein, the word “person” shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.
(c) 
Penalty.
Any individual, association or corporation violating any portion or provision of this section shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by the assessment of a fine not exceeding two hundred dollars ($200.00), and each and every day that any such portion or provision of this section be so violated shall constitute a separate and distinct offense.
(Ordinance 04-2022 adopted 2/10/22)