[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 6-10-1907.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Construction Code — See Ch. 114.
[1]
Editor's Note: This ordinance appeared in Ch. VII, Part 2,
of the 1953 Code of Ordinances.
[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979; 5-3-1993 by Ord. No.
1040, approved 5-3-1993; 6-1-1998 by Ord. No.
1106, approved 6-1-1998; 12-5-2005 by Ord. No.
1201, approved 12-5-2005; 11-17-2009 by Ord.
No. 1258, approved 11-17-2009]
A.
The Middletown Borough Council shall be the sole retail electric
regulatory authority for the municipality and all its retail electric
consumers.
B.
The Middletown Borough Council determines it to be desirable that
the aggregation of power needs and demand response on behalf of its
retail customers, to be bid directly into the organized electric and
ancillary services markets administered by the regional transmission
organization that includes the municipality (or any successor independent
system operator or regional transmission organization), be performed
by the municipality or its authorized designee.
C.
Middletown Borough Council or its authorized designee is the sole
entity permitted to aggregate retail customers' power needs and demand
response and bid demand response on behalf of retail customers of
the municipality directly into any federally approved independent
system operator's or regional transmission organization's organized
electric markets.
D.
Retail customers of Middletown's electric system desiring to bid
their demand response into a Commission-approved independent system
operator's or regional transmission organization's organized electric
markets may do so only by participating in the program established
by the Middletown Borough Council or its authorized designee.
E.
Middletown Borough Council or its authorized designee is the sole
entity permitted to bid demand response on behalf of retail customers
of the municipality directly into any Commission-approved independent
system operator's or regional transmission organization's organized
markets for energy imbalance, spinning reserves, supplemental reserves,
reactive power and voltage control, or regulation and frequency response
ancillary services (or its functional equivalent in the Commission-approved
independent system operator's or regional transmission organization's
tariff).
F.
Retail customers of Middletown's electric system desiring to bid
their demand response into a Commission-approved independent system
operator's or regional transmission organization's organized markets
for energy imbalance, spinning reserves, supplemental reserves, reactive
power and voltage control, or regulation and frequency response ancillary
services (or its functional equivalent in the Commission-approved
independent system operator's or regional transmission organization's
tariff) may do so only by participating in the program established
by the Middletown Borough Council or its authorized designee.
G.
The Borough Manager, as general manager of the electricity system,
is authorized to propose any regulations necessary to implement this
section, which shall be adopted by Council.
H.
The requirements for connections to the supply lines of the Borough
are established in the Borough of Middletown Electric Service and
Meter Installation Requirements, latest edition, as amended. The customer
shall conform to the requirements established therein.
I.
Electrical service shall be required in all inhabited properties. Failure to obtain or maintain electrical service in a property or apartment unit while it is inhabited shall deem the property or apartment unit unfit for human habitation and shall further render the structure or apartment unit as dangerous and unsafe. As to apartment units, only the unit without electric service shall be deemed unfit for human habitation. The remaining units in the apartment structure that have electric service shall not be affected. In such instances, in addition to other remedies contained in this Chapter 144, the Code Enforcement Officer shall comply with the provisions of Chapter 127.
J.
A customer or developer that seeks to interconnect a generating system
to the Borough's electric system is required to complete an Interconnection
Application for Customer Generation on a form provided by the Borough,
as may be amended from time to time. Customer-owned generation shall
be subject to the requirements of the Borough and comply with all
applicable land use, zoning, planning, electric tariff rules and regulations,
applicable electric classification and rates, insurance requirements
set forth by Borough resolution, and Borough Code rules and regulations.
Customer-owned generation shall be subject to the Borough of Middletown's
Technical Requirements for Customer-Owned Generation, as may be amended
from time to time by the Borough.
[Added 11-7-2018 by Ord.
No. 1355, approved 11-7-2018]
[Amended 2-9-1953 by Ord.
No. 292, approved 2-9-1953; 11-19-1979 by Ord.
No. 762, approved 11-19-1979; 5-3-1993 by Ord. No.
1040, approved 5-3-1993]
A.
The consumer, customer, owner or subscriber (and in any event not
the Borough) shall provide, own and maintain the service extensions,
as applicable, and all subsequent service equipment from the Borough's
service termination point with the exception of the meter and metering
transformers.
B.
The consumer, customer, owner or subscriber (and in any event not
the Borough) shall pay for all inside work, including wiring, cutouts,
fixtures, sockets, lamps and any other devices which the consumer,
customer, owner or subscriber may choose to install.
C.
If the Borough decides for whatever reason to modify or in any way
to alter the method of providing electrical service to an existing
customer, the customer shall bear all costs for the work required
beyond the service termination point unless the modification will
solely benefit the Borough or a third party.[1]
[1]
Editor's Note: Former Subsection C, concerning payment for
service conductors extending beyond the one-hundred-foot maximum allowed
by the Borough, and former Subsection E, added 10-3-1994 by Ord. No.
1057, approved 10-3-1994, concerning reimbursement for transformers
larger than 50 kilovolt-amperes, were repealed 6-1-1998 by Ord. No.
1106, approved 6-1-1998. This ordinance also provided for the renumbering
of former Subsection D as Subsection C.
[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]
A.
The Borough will use reasonable diligence in furnishing continuous
electric service, but the Borough shall not be liable for any loss,
damage or expense sustained by the customer caused by interruption,
deficiency, variation or other failure of electric services caused
by any acts of God, public enemies, accidents, labor disputes, riots,
wars, orders or acts of civil or military authority, breakdowns of
or damage to equipment or facilities of the Borough or any cause other
than gross negligence or willful neglect on the part of the Borough.
B.
The Borough may, without liability therefor, interrupt or suspend
service to any or all of its customers whenever, in its sole judgment,
such action is required to limit or prevent any actual or threatened
disturbance or instability on the system of the Borough or on any
interconnected system.
[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]
A.
The Borough reserves the right to shut off the supply of electric
service for any of the following reasons:
(1)
Repair, alteration or extension of the Borough's facilities.
(2)
Unavoidable shortages or interruptions in the Borough's source of
supply.
(3)
Fraudulent act or representation by the customer in the procurement
or use of electric service.
(4)
Any disapproval by the Borough of the customer's equipment or installation
by virtue of its being or becoming defective or otherwise unsafe or
causing disturbances on other customer's equipment.
(5)
The customer's premises have been abandoned or are in such condition
as to create a hazard to service facilities or to persons on or about
such premises.
(6)
Placement or maintenance by the customer of any building or structure
which, in the opinion of the Borough, constitutes a hazard to service
facilities or to persons on or about the premises.
(7)
The customer's premises become flooded or are threatened with flooding.
(8)
Failure by the customer to maintain effective ground connection in
compliance with requirements of the code or the Borough Code applicable
at such time.
[Amended 7-11-2005 by Ord. No. 1194, approved 7-11-2005]
(9)
Nonpayment of any bill, as herein provided.
(10)
Violation or noncompliance by the customer with any rule or regulation
herein set forth.
(11)
Whenever such action is necessary to protect the Borough from fraud,
abuse, liability or suit.
(12)
Upon cancellation of contract.
B.
Prior to discontinuance of service, the Borough will take such steps as may be reasonable to notify the customer thereof. When the service has been discontinued for any of the aforementioned reasons, other than those in Subsection A(1) and (2), a charge of $40 for making the disconnection and the reconnection, payable before reconnection, will be made. If the service has been discontinued for the reason specified in Subsection A(9), the customer must pay all past due charges, plus reconnection charges in accordance with § 144-27 of this chapter, prior to reconnection of service, except as otherwise required by law. The customer shall be responsible for scheduling the reconnection with the Borough following payment of all required charges.
[Amended 6-1-1998 by Ord.
No. 1106, approved 6-1-1998; 11-15-2022 by Ord. No. 1400, approved 11-15-2022]
[Amended 2-9-1953 by Ord.
No. 297, approved 2-9-1953]
Inspectors, agents and other Borough employees are hereby expressly
prohibited from demanding or accepting any compensation from consumers
or others for services rendered in connection with the electric system,
it being the intent of this section that all such employees shall
be compensated for such services solely by the salaries and/or wages
paid therefor by the Borough.
[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979; 9-14-2010 by Ord. No.
1270, approved 9-14-2010]
[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]
Any failure on the part of the subscriber to comply with this
chapter of the Code of the Borough of Middletown, including any amendments
thereto at any time made, shall annul the contract, and the Borough
of Middletown may thereupon, without further notice, terminate service
and remove its property from the premises.
[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]
Removal bills, special bills or bills rendered on vacation of
premises or to persons discontinuing service must be paid on presentation.
[Added 7-11-1932]
Every electric meter heretofore installed or hereafter installed
by the Borough of Middletown on private property shall, at all times,
remain the absolute property of said Borough of Middletown, and said
Borough shall not lose title thereto by attaching the same to the
real estate.
[Added 7-11-1932]
The Borough of Middletown shall, at all times, have the right
of ingress, egress and regress to and from the point on private real
estate where such meter may be located and shall further have the
right to remove such meter or meters at any time the proper Borough
authorities may decide to remove such meter or meters.
[Added 4-8-1940]
From and after the passage of this chapter, it shall be unlawful
for any person or persons to willfully and intentionally interfere
with or molest in any way the wires or equipment of the Borough of
Middletown over which said Borough furnishes or intends to furnish
electric current to any of its consumers or to the streetlights operated
by it.
[Added 4-8-1940; amended 2-9-1953 by Ord. No. 308, approved 2-9-1953; 11-19-1979 by Ord. No. 762, approved 11-19-1979]
From and after the passage of this chapter, any employee of
the Borough of Middletown, duly employed for such purpose, shall have
the right to enter upon or into any property located in the Borough
of Middletown, either commercial or residential, for the purpose of
reading the Borough's electric meter or to inspect or remove the same
or to inspect the wiring in such property or any of the Borough's
equipment at any and all reasonable times. It is hereby declared to
be unlawful for any person or persons to interfere in any way with
any employee of the Borough while in the performance of his duties
as such employee.
[Added 4-8-1940; amended 11-19-1979 by Ord. No. 762, approved 11-19-1979; 4-6-1987 by Ord. No. 943, approved 4-6-1987; 7-11-1988 by Ord. No. 972, approved 7-11-1988]
Any person who shall violate any of the rules and regulations or provisions of this chapter of the Code of the Borough of Middletown, including the provisions of § 144-12 above, shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor greater than $1,000, plus court costs or costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.
[Added 6-13-1949; amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]
From and after the passage of this chapter, it shall be unlawful
for any property owner or tenant to have electric current turned on
or used in any new building or any remodeled building in the Borough
of Middletown used for residential or business purposes unless and
until all the electric wiring in such new or remodeled building shall
first have been inspected and approved, in writing, by a certified
electrical inspection agency and proof of such inspection and approval
shall have been exhibited to the authorized representative of the
Borough.
[Added 7-13-1949; amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]
The authorized representative of the Borough and his workmen
and employees shall not at any time hereafter cut into any new or
remodeled building or buildings in the Borough of Middletown for the
purpose of furnishing electric current to such building or buildings
until a proper certificate of approval of the wiring in such new or
remodeled building or buildings issued by a certified electrical inspection
agency shall first have been exhibited to the authorized representative
of the Borough. All temporary services must be properly grounded before
service installation shall be made to any building.
[Added 1-19-1981 by Ord.
No. 786, approved 1-19-1981; amended 4-6-1987 by Ord. No. 943, approved 4-6-1987; 7-11-2005 by Ord. No.
1194, approved 7-11-2005]
New residential buildings and commercial buildings, and additions thereto and hereafter, that utilize electric space heating shall conform to the code adopted in § 114-1 herein and shall be enforced by the Code Enforcement Officer.
[Added 6-13-1949]
The fire insurance standards for electric wiring approved by
the Commonwealth of Pennsylvania are hereby adopted as the requirements
of the Borough of Middletown as to safety.
[Added 6-13-1949; amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]
A.
Any person installing an electric connection or contrivance in his
or her property or properties used by such person or who knowingly
uses such electric connection or contrivance for the purpose of procuring
electric current without registering the same on the meter shall be
liable to a penalty as hereinafter provided.
B.
For the purpose of determining whether any person is receiving electric current from the Borough of Middletown which does not pass through an electric meter, the authorized representative of the Borough shall have and is hereby given authority to enter into and upon any property or properties of the Borough of Middletown, and any property owner or tenant who refuses to permit the authorized representative of the Borough to enter into and upon any premises in the Borough of Middletown for said purpose shall be subject to the penalty provided in § 144-13 of this chapter.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987]
[Added 7-11-1932; last
amended 12-5-2005 by Ord. No. 1201, approved 12-5-2005]
A.
Electric service customers shall be required to make a security deposit with the Borough in order to obtain electric service as outlined in this § 144-19 under conditions outlined herein. This deposit is designed to guarantee against a default in payment by an electric customer. A security deposit, if required, shall not be considered as being made in lieu of a regular required payment.
B.
The following residential customers are required to make a security
deposit with the Borough:
(1)
New residential customers;
(2)
Previous residential customers who have not had an electric service
account with the Borough for 30 days or more;
(3)
Existing residential customers who have bad pay history with the Borough. For purposes of this § 144-19, "bad pay history" is defined as any one of the following:
(a)
A residential customer who has had a delinquent electric account
balance in excess of $50 for more than 90 days over the course of
the account history;
(b)
A residential customer who has presented the Borough with at
least two checks, electronic fund transfers, or other methods of payment
which were not honored by the customer's bank or financial institution;
or
(c)
A residential customer who has had his or her service terminated
for nonpayment.
C.
All commercial customers shall be required to place a security deposit
with the Borough.
D.
All security deposits shall be held separate from other funds of
the Borough, and shall bear interest at the rate of 1% per annum.
E.
Security deposits may be returned to a residential customer:
(1)
After 12 months, provided that the customer does not have a bad pay
history or has made no delinquent payments or insufficient funds payments
during the previous 12 months; or
(2)
Following assignment of the account to a successor and payment of
the final electric bill. In the event that the final electric bill
is not paid in full, the security deposit shall be retained and applied
to the unpaid balance. Any portion of the security deposit remaining
after application against amounts owed shall be returned.
F.
Any customer whose service is terminated and, as a result, is required
to make a security deposit, shall be required to do so prior to the
reactivation of the terminated electric service. Failure, or inability,
to make the required security deposit shall, in all cases, prohibit
Borough staff from reestablishing electric service.
G.
Security deposits for commercial customers shall only be returned
following the assignment of the account to a successor and settlement
of the final bill.
H.
Returned deposits shall be paid only to the customer of record or
his or her heirs, executors or administrators.
I.
The Borough reserves the right, but shall not be required, to apply
said deposit, in whole or in part, to payment of all current or other
service charges, or any other fees, taxes, penalties, or charges,
due to the Borough, by the service customer.
J.
The following security deposits shall be provided by residential
and commercial customers:
[Amended 9-14-2010 by Ord. No. 1270, approved 9-14-2010]
(1)
Residential security deposits shall be determined and based upon
the customer's FICO (Fair Isaac Corporation) credit reporting score,
and a deposit is made in accordance with the following table:
|
FICO Credit Score
|
Deposit Required
|
|---|---|
|
Less than or equal to 525
|
$200
|
|
526 to 600 inclusive
|
$150
|
|
601 to 675 inclusive
|
$100
|
|
Equal to or greater than 676
|
$50
|
(2)
Commercial security deposits shall be calculated at the rate of $1
per ampere of service (i.e., 400 ampere service equals $400 deposit).
K.
The Borough reserves the right to allow security deposits to be made
in the form of cash, credit card drafts, or electronic fund transfers.
[Added 11-13-1941; amended 4-6-1987 by Ord. No. 943, approved 4-6-1987; 3-1-2016 by Ord. No. 1320, approved 3-1-2016]
The Borough Council shall be and is hereby authorized to establish
a schedule of rates for electric current hereafter furnished by the
Borough to its citizens and consumers and to alter and amend the same,
from time to time, in whole or in part. The schedule or schedules
shall be established by resolution of the Borough Council, and shall
provide for all classes of consumers. Until the new schedule of rates
is adopted by resolution, the present rates shall continue in full
force and effect.
[Added 5-10-1926]
No person, firm or corporation shall hereafter furnish any electric
current to any person, firm or corporation within the limits of the
Borough of Middletown without first securing the consent of the proper
authorities of the Borough of Middletown so to do; the foregoing provision,
however, shall not affect any corporation now supplying electricity
to manufacturing plants within the Borough of Middletown under permission
heretofore granted by the Borough.
[Added 5-10-1926; last
amended 3-1-2016 by Ord. No. 1320, approved 3-1-2016]
A.
Residential Service – R Rate.
(1)
Application of schedule.
(a)
This rate schedule is available to:
[1]
Customers located on the Borough's distribution line who desire
service for household and other related uses in a single, private
dwelling or an individual dwelling unit in a multiple-dwelling structure.
[2]
Customers located in a single, private dwelling in which not
more than 25% of the square footage of that dwelling is used exclusively
in connection with the conduct of a business (commercial or noncommercial)
or profession by a person residing therein.
(b)
This rate is not available to:
[1]
Customers located in a single, private dwelling in which more
than 25% of the square footage of that dwelling is used exclusively
in connection with the conduct of a business (commercial or noncommercial)
or profession by a person residing therein. Such customers shall have
available to them the rates for Commercial Service, unless such customer
can establish that his or her electrical consumption relating to the
business (commercial or noncommercial) or profession is less than
50% of the total electric usage.
[2]
Any customer for the usage of electricity for a business (commercial
or noncommercial) or a profession located in a building which is detached
from the dwelling used by the customer as a residence. Such customers
shall have available to them for usage of electricity in such detached
buildings the rates for Commercial Service.
(2)
The character of service shall be continuous, alternating current,
60 hertz, single-phase, 120/240 volts.
(3)
Net monthly rate. The customer's monthly bill shall be the sum of
the customer charge and energy charges.
(4)
Minimum monthly charge. The minimum monthly charge shall be the customer
charge of $10.91.
B.
Commercial-General Service, two kilowatt minimum small power and
light rate – C rate.
(1)
Application of schedule. This rate schedule is for small general services, including churches, schools and other municipal buildings, and excluding volunteer fire services as provided in Subsection B(7), at nominal secondary voltage. It is available to customers located on the Borough's distribution line desiring electric service for general lighting and/or power service and whose minimum billing demand is not less than two kilowatts available to all customers located on the Borough's distribution line which do not fall within the Residential Service rate schedule.
(2)
The character of service shall be continuous, alternating current,
60 hertz, single- or three-phase secondary at approximately 120/208
volts, 120/240 volts and 277/480 volts, where available.
(3)
(4)
Minimum monthly charge. The minimum monthly charge shall be an amount
equal to the demand charge plus the customer charge of $10.91, and
in no circumstances less than $10.91.
(5)
The determination of billing demand shall be the maximum fifteen-minute
demand, or as determined by periodic tests. Demand may be determined
by estimate, in which case it will be taken as the connected lighting
load, plus 60% of the connected heating load, plus the following percentage
of connected motor load:
|
Size of Installation
(horsepower)
|
Percentage of Connect Motor Load
|
|---|---|
|
Under 5
|
72%
|
|
5 to 10
|
60%
|
|
10 to 20
|
56%
|
|
All over 20
|
52%
|
(6)
Power factor. When the power factor is above or below 85%, multiply
the demand by 85% and divide by the actual percent power factor to
determine billing demand. For such adjustment, the measured power
factor will be taken as not over 90% nor below 50%.
C.
Commercial-Industrial Service, twenty-kilowatt minimum large power
and light rate – CI rate.
(1)
Application of schedule. This rate schedule is for large general
service. It is available to customers located on the Borough's distribution
line desiring electric service for general lighting and/or power service
and whose minimum billing demand is not less than 20 kilowatts.
(2)
The character of service shall be continuous, alternating current,
60 hertz, single- or three-phase secondary, at approximately 120/208
volts, 120/240 volts and 277/480 volts, where available.
(3)
(4)
Minimum monthly charge. The minimum monthly charge shall be an amount
equal to the customer charge plus demand charge, but not less than
$50.
(5)
Determination of demand. The demand in kilowatts (billing kilowatt)
is the average kilowatts supplied during the fifteen-minute period
of maximum use during the current billing period, as determined by
a demand meter.
[Added 8-5-1985 by Ord.
No. 896, approved 8-5-1985]
A.
Where a demand meter measuring demand at any time, whether on-peak
or off-peak, has been installed at a church, meeting house or other
regular place of stated worship, the church, meeting house or other
regular place of stated worship is hereby authorized to elect to be
billed, and upon so electing shall be billed, at 25% of the measured
demand shown by such meter. The minimum monthly charge shall be an
amount equal to the customer charge for a church, meeting house or
other regular place of stated worship electing this option in lieu
of installing time-of-day meters otherwise required to implement for
churches, meeting houses or other regular places of stated worship,
as typical off-peak users, the "off-peak, no charge" provisions (§ 144-22E
above[1]) relating to demand charges.
[Added 7-1-1985 by Ord.
No. 895, approved 7-1-1985]
A.
No person shall tamper with any meter used by the Borough of Middletown to measure electric rates pursuant to § 144-22. For the purposes of this section, "tampering" shall include but not be limited to unauthorized meter removal or load shifting from what would be commercial or industrial use under this chapter to a less expensive use.
[Amended 9-3-1996 by Ord.
No. 1090, approved 9-3-1996]
B.
Any person violating this section shall, upon conviction thereof,
be sentenced to make restitution and to pay a fine of not more than
$1,000 nor less than $50 and, upon refusal to pay such fine and costs,
to undergo imprisonment for not more than 30 days. For the purposes
of this section, "restitution" shall be the payment to the Borough
of the difference between what would have been charged based on historical
usage, absent the tampering, and what was actually charged.
[Amended 7-11-1988 by Ord. No. 972, approved 7-11-1988]
[Added 6-14-1971 by Ord.
No. 586, approved 6-14-1971]
A.
Total budget billing will be applicable to residential customers
using electric service, in conjunction with other residential uses,
as the sole primary method of space heating, water heating, cooking
and lighting.
B.
At the option of the customer, the Borough will make an estimate
of the total annual charges under this schedule. A budget bill for
approximately 1/12 of such estimate will be rendered monthly. Any
adjustment upward or downward will be made on the final bill for the
twelve-month period. Payment terms shall apply to budget bills under
this schedule.
C.
The yearly budget period under this method is from July through June.
D.
Accounts will be reviewed at the end of six months, and necessary
adjustment will be made at that time. The final adjustment will be
made on the June billing.
E.
When the initial budget period is less than 12 months, the total
charges for that period shall be estimated and divided by the number
of full months in that period adjusted to the nearest dollar; this
figure shall be the monthly budget payment for the interim period.
Upon institution of a mutually agreeable budget program, the failure
of the customer to pay any one budget payment shall be cause for termination
of the budget account.
[Added 5-10-1926]
There shall be no flat rates and no special rates granted by
the Borough of Middletown to any consumer. All consumers of electric
current furnished by the Borough of Middletown shall fall within the
provisions of this chapter and shall be charged the rates fixed by
this chapter.
[Added 11-14-1962 by Ord.
No. 436, approved 11-15-1962; last amended 6-5-2006 by Ord. No. 1208, approved 6-5-2006]
The purpose of this chapter is to recover delinquent charges
from customers. Unpaid electric bills unfairly force increases in
rates to good customers. Customers are required to pay for all electric
current registered by their electric meters, without exception.
B.
At any time after the 27th day following the issuance of the bill,
should the account remain delinquent in an amount greater than $50,
notice of such delinquency and termination of service will be mailed
to the customer at the billing address.
[Amended 11-15-2011 by Ord. No. 1279, approved 11-15-2011[1]]
C.
Throughout all seasons, the same disconnection policy shall apply,
except that the Electric Department shall affix a notice of service
termination to the service location at least 48 hours prior to service
disconnection during the months of October through March.
D.
At any time after the 38th day following the issuance of the bill,
should the account continue to remain delinquent in an amount greater
than $50, it shall be the duty of the Electric Department, as herein
authorized by the Borough Council, to terminate electric service and
to inform the Borough Code Enforcement Office so that a notice of
uninhabitable residence can be affixed to service location and all
residents referred to sources of alternate habitation.
E.
Failure of the U.S. Postal Service to deliver any or all of the above-referenced
notices, or failure to show proof that the Electric Department affixed
a termination notice at the service location, does not constitute
grounds for continuation of service for a delinquent account.
F.
Medical extension:
(1)
Each service customer may request a one-time thirty-day extension
of termination of electric service at the service location. This request
must be submitted as follows:
(a)
Application for extension shall be submitted on a form provided
by the Finance Director;
(b)
Application for extension shall be submitted within 15 days
of issuance of the bill for which an extension is requested, prior
to the account becoming delinquent; and
(c)
Documentation shall be provided to show that a permanent Borough
resident at the service location, as identified on the Borough tax
rolls, uses life support equipment which requires electric current.
This documentation shall be provided by a medical physician, licensed
by, the commonwealth, who shall sign and attest to such on said application.
(2)
The Borough Manager or Borough Director of Finance and Administration
may grant a one-time-per-customer additional 30 days from the issuance
of the final termination of service notice.
[Amended 7-5-2022 by Ord. No. 1394, approved 7-5-2022]
G.
In the event that the electric service is discontinued for nonpayment,
the same will be reconnected upon payment of all amounts due, plus
late penalty, along with a reconnection charge of $60, except as otherwise
required by law. In addition, a security deposit shall be required.
Payment shall be made to the Borough no later than 3:00 p.m. on a
regular Borough working day. The customer shall be responsible for
scheduling the reconnection with the Borough following payment of
all required charges. No service disconnected for delinquency will
be reconnected after 3:00 p.m. on regular Borough working days, or
on Saturdays, Sundays or Borough holidays.
[Amended 11-15-2022 by Ord. No. 1400, approved 11-15-2022]
[Added 9-13-1965 by Ord.
No. 491, approved 9-13-1965]
A.
The Borough of Middletown will install yard lighting for property
owners only upon the conditions that the owner shall request the same
in writing to the Borough of Middletown and shall sign an initial
contract agreeing to the services for a period of three years from
the date of the execution of the agreement.
B.
The Borough of Middletown will furnish the yard lighting hereinbefore referred to in Subsection A for a monthly charge or fee of $8.61 in addition to all other charges made by the Borough for electrical services to the property owner's residence.
[Amended 11-19-1982 by Ord. No. 762, approved 11-19-1982; 12-14-1982 by Ord.
No. 808, approved 12-14-1982; 1-3-2000 by Ord. No.
1126, approved 1-3-2000; 12-3-2001 by Ord. No.
1142, approved 12-3-2001]
C.
For the yard lighting, the Borough of Middletown will furnish to
the property owner the complete fixture for said service, and the
fixture shall be and remain the property of the Borough of Middletown
and may be removed at any time by the Borough, either on termination
of the service or at the request of the property owner or for nonpayment
of the service. The Borough of Middletown will furnish all labor and
material to install the fixture at no charge or cost to the property
owner. The Borough further agrees to furnish all labor, bulbs and
other material to keep the fixture in an operating condition and will
make changes or provide such services as may be necessary, upon notice
from the property owner. The fixture to be installed under the yard
lighting agreement shall be at least a one-hundred-seventy-five-watt
mercury lamp with automatic electric eye to ensure its operability
during the hours of darkness.
D.
The fixture hereinbefore referred to in Subsection C shall be installed on a light pole of the Borough of Middletown or on a Bell Telephone pole, or the property owner may furnish a wooden pole which meets Borough specifications, and will be placed at the location to be determined by the Borough of Middletown. The costs of the pole and the wiring on private property shall be paid by the property owner and shall be to such specifications as the Borough may direct. The cost of installing the fixture on the pole shall be paid for by the Borough. No fixture of any kind or nature shall be installed on any buildings of the property owner, but shall only be installed on such poles as shall be either presently installed or installed by the property owner or by the Borough.
[Added 12-11-1967 by Ord.
No. 525, approved 12-11-1967; amended 9-10-1973 by Ord. No. 632, approved 9-10-1973; 11-19-1979 by Ord.
No. 762, approved 11-19-1979; 8-4-1986 by Ord. No.
919, approved 8-4-1986]
A.
Whenever a new applicant or present customer, excluding those customers
who are delinquent, makes application for electric service in the
Borough of Middletown and requests that said service be connected
at any time other than at regularly scheduled working hours of the
Electric Department of the Borough of Middletown, a connection fee
equal to the actual costs incurred by the Borough to connect such
service, plus an administrative overhead, must be paid by said customer
or applicant, prior to turning on of said electric service.
B.
"Actual costs" under this subsection shall be defined as compensation
paid to the highest ranking employee of the Municipal Electric Division.
[Added 11-19-1979 by Ord.
No. 762, approved 11-19-1979]
A.
In the event that the Borough's meter or metering equipment fails
to properly register the electricity supplied during any month or
other period of time, the Borough will estimate the number of kilowatt-hours
or the kilowatt-hours and the demand of the electricity supplied during
such period, having due regard for the use to which the customer put
the electricity supplied to him during such period and any other information
and data permitting a reasonable conclusion as to the kilowatt-hours
and demand of electricity supplied but not measured or inaccurately
measured. The customer may present any information or data within
his knowledge on the subject. If the Borough has undercharged the
customer as the result of a meter or metering inaccuracy or other
continuing problem under its control, the Borough will only bill the
customer for the amount of unmetered electricity rendered in the 365
days immediately prior to the date the Borough remedies the meter
inaccuracy. The customer shall be given at least 12 months to pay
the undercharged amount if he so desires, in monthly payments equal
to 1/12 of the undercharge. The Borough shall continue to furnish
service to the customer and the customer shall continue to pay the
amounts billed pending the determination of a proper and reasonable
adjustment.
B.
The Borough will test the accuracy of its meter serving the premises
of any user who shall request such test and make a deposit of $40.
Such deposit shall stand as security in the event that the costs of
such tests shall be borne by the customer as herein provided, and
appropriate refund may be made accordingly at the completion of such
tests if or to the extent that the costs are not imposed upon the
customer. Meters or metering equipment shall be considered accurate
if they register within 3% fast or 3% slow. Whenever a meter or metering
equipment is found to be inaccurate, it or they shall be restored
to accuracy or shall be replaced by the Borough with an accurate meter
or metering equipment without expense to the customer. If a customer
notified the Borough that his meter or metering equipment is inaccurate
and subsequent tests show the meter or metering equipment to be within
the 3% fast or slow tolerance, the costs of such tests shall be borne
by the customer.
[Amended 7-1-1996 by Ord.
No. 1087, approved 7-1-1996]
[1]
Editor's Note: Former § 144-31, Purchase power cost
adjustment, as amended, was repealed 3-1-2016 by Ord. No. 1320, approved
3-1-2016.
