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ORDINANCE 2015-02 AN ORDINANCE AMENDING THE HEREIN BELOW IDENTIFIED SECTIONS OF TITLE 8, CHAPTER 1, ARTICLE II AND ARTICLE III, OF THE CODY CITY CODE TO MODIFY MUNICIPAL ELECTRICAL SUPPLY AND ELECTRICAL RATES. Article II and Article III, shall be hereby amended as follows: Article II. Municipal Electrical Supply 8-1-8: General Conditions Governing City Supplied Utilities 8-1-9: Meter And Service Deposits 8-1-10: Temporary Service 8-1-11: Bridging Or Interfering With Meters 8-1-8: GENERAL CONDITIONS GOVERNING CITY SUPPLIED UTILITIES: A. Execution Of Contract For Purchase Of Electricity For Use By The City: The mayor and city council shall sign and execute any contract that may be made with any utility, federal or state agency, department or any municipality or joint powers board concerning the purchase of electrical energy for use by the city that may be approved by resolution of the city council. B. Service Nontransferable Without Advance Approval: The electrical service furnished by the city is intended to be used by the actual customer that has entered into the contract with the city for the uses contemplated by the rate category of the service. This service is not to be resold, assigned, used or extended off of the tract of land served for the use or benefit of any other individual, corporation or other entity in advance of receiving the specific written approval of the city administrator or his/her designee. C. Changes In Property Ownership: In the case of a change in ownership of any property to which the city of Cody provides utility services, it is the responsibility of the new owner/transferee to establish a utility account by completing an application for utility service and complying with the deposit requirements as outlined in section 8-1-9 of this chapter as of the date of sale, transfer or conveyance. If the new owner/transferee establishes the utility account after the date of sale, transfer or conveyance the new owner/transferee shall be responsible for payment of all charges incurred back to the date of sale, transfer or conveyance of the property. In the event the new owner/transferee fails to comply with the application and deposit requirements the city of Cody reserves the right to establish a utility account in the name of the new owner/transferee. In the case of foreclosures, the date of sale, transfer or conveyance shall be the date of the foreclosure sale as confirmed by the Park County sheriff's office. D. Changes In Property Tenancy: In cases where a tenant is provided utility services by the city of Cody and the services are billed in the tenant's name it is the responsibility of the tenant to notify the city of Cody in advance of when the tenant occupies or vacates the property and requests to start or terminate utility service. A tenant's services may be terminated by the city of Cody without a request from the tenant if notification is received from a landlord or property owner or upon receipt of an application for utility service from a new tenant. If a tenant fails to notify the city of Cody to terminate services as of the actual date the tenant vacated the property, the city of Cody shall terminate services as of the date the notice to terminate is received. The tenant shall be responsible for all charges incurred through the date of termination and no adjustment of charges shall be made to a tenant's bill for a tenant's failure to provide a timely termination notice to the city of Cody as required. E. Service Application and Credit Risk Assessment Check: A service application for each account is required to be completed by all individuals and commercial businesses requesting utility services from the City of Cody. An application fee of $10 per account shall ---PAGE BREAK--- be paid in advance and a credit risk assessment/identity verification check shall be performed on all individual applicants and co-signers prior to a utility account being established. In the case of rental property, the service application, credit risk assessment/identity verification and application fee is not required for the transfer of services from a tenant’s account to the property owner’s account. Commercial applicants whose business is structured as a Sole Proprietorship or Partnership must provide a personal guarantee from the business owner and undergo the risk assessment/identify verification. For construction accounts, multi-unit structures such as duplexes, triplexes and apartment complexes shall be considered one account for the purpose of this section. 8-1-9: METER AND SERVICE DEPOSITS: A. All customers establishing utility service at any location shall pay in advance a deposit before service may be supplied. For all residential customers the deposit amount shall be based on a risk assessment credit scoring model provided by a credit rating company contracted by the City. The deposit schedule shall be as follows: Risk Assessment Score Deposit Amount 10% or less No deposit required 11% to 50% $200.00 51% and above $400.00 Residential customers who do not wish to undergo a credit risk assessment scoring may instead pay in advance a $500 deposit which will be held on the account until the customer terminates service. The deposit shall be used at the termination of service to cover any amounts owed to the City by the customer. Any remaining deposit balance shall be refunded to the customer. All commercial customers shall pay in advance a deposit of five hundred dollars ($500.00) per account. Individual or commercial contractors requesting utility service during the construction of a residential or commercial structure (construction accounts) have the option of providing a Social Security Number of the business owner and undergoing the risk assessment process, or paying the commercial deposit, or have a utility account with the City of Cody that shows a good credit history. For the purpose of this section "good credit history" is defined as: the most recent twelve (12) consecutive months of utility payments during which there have been no late payments, no insufficient funds checks, no nonpay disconnect letters or disconnections and that all final bills (if applicable) were paid on time. B. B. Service deposits shall be applied to the customer's utility account(s) after twenty four (24) consecutive months if all city utility bills are paid on time. If not already applied, service deposits shall be used at the termination of service to cover any amounts owed to the city by the customer. Any remaining deposit balance shall be refunded to the customer. A customer receiving service at a new location must pay any and all outstanding utility debts he/she may have accrued in the city before a new service may be started. As per Wyoming Statutes section 15-7-409, interest will not be paid to customers who post a service deposit. D. In the case of rental property, the deposit shall be made either by the owner of the property, by his/her agent on his/her behalf or by the party renting the property as they may agree. In the event that service is to be discontinued as a result of the failure of the utility customer to pay the utility bills, notice of the impending disconnect shall be given to the owner if the owner has requested in writing that he/she be notified in the event his/her renter fails to pay utility bills. Service will be rendered for periods in which the property is vacant for any reason and the owner of the property will be assessed all utility charges incurred at the particular property. The property owner shall be responsible for paying all utility charges incurred during the time a property is vacant or in between tenants. If these charges become delinquent the utility account will remain in the property owner's name and service will not be provided to a tenant until any and all delinquent charges for that property are paid in full. E. Customers with city of Cody utility accounts in bankruptcy protection may be required to provide a deposit or other "assurance of payment" as outlined in U.S. Code title 11, chapter 3, subchapter IV, Section 366 to continue receiving utility service. 8-1-10: TEMPORARY SERVICE: ---PAGE BREAK--- Any person desiring temporary lighting and power service from the city during the construction activities before permanent power is installed shall pay a nonrefundable temporary meter fee of one hundred five dollars ($105.00) (single-phase or 3-phase) for the installation of the meter. The usage and base charges for the temporary meter will depend on the classification of the type of service requested. If the service will be used for primarily commercial use, the applicants will pay for the temporary electrical service at the commercial electric rate. If the service will primarily be used for residential use, the applicant will pay for the temporary electrical service at the residential rate. In addition to the temporary meter fee, accounts established with temporary meters are also subject to the deposit requirements as outlined in section 8-1-9 of this chapter. 8-1-11: BRIDGING OR INTERFERING WITH METERS: A. Any person who shall remove, alter, scrape, bare, change or connect any device, wire or fixture to any electric power wire of the city before such wire reaches the meter shall be guilty of a misdemeanor. Any person who shall break any meter seal or the wire holding any meter seal or open any electric meter or change the dials or hands thereof, or break the glass in an electric meter, shall be guilty of a misdemeanor. Any person who attaches any device to any electric meter designed or used to prevent electric current from flowing through such meter or shall shunt across the wires of any electric meter, or close the loops thereof, or who shall by any system of wires or devices attempt to use any electric current without having the same pass through the meter in such a way as to permit the full registration and metering of such electric current, shall be guilty of a misdemeanor. B. In addition to any other remedies available against any individual convicted of a violation of subsection A of this section, and in every case in which an electric meter is found to be in any of the conditions described in subsection A of this section which could affect the meter's operational accuracy, precision and ability to measure current, the city shall discontinue the service at the affected meter and the individual shall forfeit any deposit posted for the said meter; provided, however, that the city shall first give the affected customer five days' written notice that his service shall be discontinued and the customer shall have three days from the date of receipt of the said notice to file a written request for a hearing with the city administrator or his/her designee to show cause why his electrical utility service should not be disconnected and discontinued. Notification shall be accomplished by, and be complete upon, posting the written notice of termination upon the affected meter or by depositing a copy thereof, postage prepaid in the U.S. mail, duly addressed to the customer at the address used by the city for utility bills in the case of an individual who has a utility account with the city. If the affected customer can show that his meter is not in the condition described in subsection A of this section then his service shall be reconnected and his meter deposit reinstated. The entire balance, if any, of an affected customer's utility account with the city shall become immediately due and payable upon discontinuation of the said service pursuant to this section. A new meter deposit must be posted and the actual cost of repairing the affected meter must be paid to the city once the meter is repaired before electrical service may be resumed at the same location. In addition, the customer shall pay for the estimated usage he should have received during the period of time when his meter was not functioning correctly, based upon the average billing for the period of time in question based on the said customer's previous billing experience with the city. If the customer has insufficient billing experience with the city from which to derive an estimated amount of usage based on previous experience, then and in that event, he shall pay an amount determined by the average electricity usage for that type of service of similarly situated city electrical utility customers over the period of time in question. C. It shall be the responsibility of each customer supplied with electricity to keep the electric meter accessible for reading, inspection, replacement, repairing or testing. If the customer fails to keep the meter accessible within ten (10) business days from the date of the written notice, the city may terminate the electric service. Notice of the lack of accessibility shall be given by either posting written notice on the door of the residence, or mailing notice by first class U.S. mail, postage prepaid to the last known address of the customer. In the event the accessibility situation creates an emergency or safety issue, the city reserves the right to terminate the electricity immediately. ---PAGE BREAK--- Article III. Rates And Charges For Electrical Current Furnished By City 8-1-12: Collector 8-1-13: Schedule Of Rates 8-1-14: Payment Of Bills 8-1-15: Standards And Policy 8-1-12: COLLECTOR: A. The administrative services officer or his/her designee shall be the collector of all city utility bills and is authorized to enter into agreements, on behalf of the city, for the payment of past due accounts, including all applicable charges, on reasonable terms and conditions and to consolidate and equalize customers' utility payments. B. The administrative services officer or his/her designee, with the approval of the city administrator or his/her designee, shall be authorized to enter into agreements and assign applicable rates to adjust individual customer accounts. This may happen from time to time as necessary when a customer had been placed on an incorrect rate. 8-1-13: SCHEDULE OF RATES: Beginning with all bills generated on or after April 1, 2015 the rates for metered electricity sold within the city limits shall be as follows: Customer Classification Base Fee Energy Fee Demand Fee RESIDENTIAL SERVICE RATE $29.940 $0.0747 NA SMALL COMMERCIAL SERVICE RATE $29.940 $0.0747 NA COMMERCIAL SERVICE RATE $29.940 $0.0747 NA DEMAND SERVICE RATE $29.940 $0.0373 NA CITY COMMERCIAL SERVICE $29.940 $0.0747 NA CITY DEMAND SERVICE RATE $29.940 $0.0373 NA COMMERICAL DEMAND SERVICE RATE - $0.000 $17.800 CITY COMMERICAL DEMAND SERVICE RATE - $0.000 $17.800 ELECTRIC COMMERCIAL SPECIAL SERVICE RATE - - $17.800 IRRIGATION SERVICE RATE 25 Hp $2.730 $0.075 NA IRRIGATION SERVICE RATE >=25 Hp $2.730 $0.075 NA SECURITY LIGHTS $2.730 $0.075 NA (1)For Electrical usage billed on or after April 1, 2015, each customer classification shall pay a customer charge as indicated. For Electrical usage billed on or after April 1, 2015, each customer class shall pay the Energy Fee indicated for each kilowatt hour used per month or as estimated by City Staff regarding Security Lights. For Electrical usage billed on or after April 1, 2015, each customer shall pay a demand charge as indicated per kilowatt of demand as shown or computed from the readings of the city's demand meter installed at the customer's location for the fifteen (15) minute period of customer's greatest use during the billing period. ---PAGE BREAK--- Customers requesting or transferring service of more than two hundred (200) amperes shall be billed under this demand rate. The public works director or his/her designee shall recommend to the administrative services officer the rate classification for new commercial customers requesting electrical service, based on the customer's energy and demand requirements. A. Service Charges: The following charges apply to all levels of service in addition to any other charges: Connection, reconnection or disconnection of meter Normal office hours (7:30 A.M. to 5:00 P.M.) $ 35.00 Connection, reconnection or disconnection of meter Other than normal office hours 110.00 Trouble calls on customer owned equipment: Normal office hours (7:30 A.M. to 5:00 P.M. No Charge Trouble calls on customer owned equipment: Other than normal office hours (for first 2 hours, actual labor costs for work in excess of 2 hours) $110.00 Temporary service connection: Single and 3-phase $105.00 Returned payment charge 30.00 Testing of meters more than once at customer's request in a 12 month period, where meter is found to be accurate within 2 percent 50.00 8-1-14: PAYMENT OF BILLS: A. All bills for the rates and charges of all utility services furnished by the city shall be due fifteen (15) days from the billing date. All bills shall be delinquent on the sixteenth day thereafter. Delinquent turnoff procedures shall commence after the thirty fifth day after the bill date and service will be turned off on the forty fifth day after the bill date or on the next scheduled disconnect date unless payment is made before that date except for cases of extreme hardship where adjustments/agreements can be made with the administrative services officer or his/her designee or during any period of extreme weather. Extreme weather occurs when the average temperature is or is expected to be equal to or less than thirty two degrees Fahrenheit (32°F) for a period of twenty four (24) consecutive hours. The administrative services officer or his/her designee shall determine if extreme weather is occurring or is expected and adjust disconnections or order reconnections appropriately. Where adjustments require additional reconnections and/or disconnections due to extreme weather, they shall be performed without additional fees or charges. B. In the event that a bill becomes delinquent, the city shall initiate the delinquent turnoff procedures and the following charges shall be assessed: Charge for the delivery of the final turnoff notice $30 .00 Disconnection or reconnection of service at meter 35 .00 Disconnection or reconnection of service other than meter 50 .00 ---PAGE BREAK--- C. If any utility payment is dishonored for any reason, the customer will be notified in writing stating that the account must be paid in cash or cash equivalent within thirty (30) days of the notice. The customer will be shut off if payment is not received. The same procedure will apply to a second dishonored payment received within a twelve (12) month period. Upon receipt of a third dishonored payment, the same procedure will apply and the customer will be notified in writing that payment in cash or cash equivalent will be required for payment of all future city bills for all utility customer charges and other fees. If any payment is delivered to the city to prevent a shutoff and the payment is subsequently dishonored the customer will be subject to immediate service disconnection. Any customer who fails to pay the amount of the check and the collection fee pursuant to this section is liable to the city for three times the amount of the check, but in no case less than one hundred dollars ($100.00), a collection fee of thirty dollars ($30.00) and court costs (Wyoming Statutes section 1-1-115). D. In the event that any utility service is discontinued for nonpayment of bills, or receipt of dishonored payment, all applicable charges shall be paid in full prior to reconnection, as well as any applicable billing charges and the applicable connection or reconnection fees. A reasonable attorney fee shall be recovered by the city along with the total delinquent balance, including penalties and charges for all delinquent city supplied utilities if legal action is initiated to collect on a delinquent account. E. If the city overcharges any customer as the result of a meter or metering inaccuracy or other continuing problem under its control, the city shall initiate a refund to the person(s) paying excessive rates the difference between the rates fixed in section 8-1- 13 of this chapter and the rates so charged, collected or received. The refund should cover the entire amount of time the excessive charges were charged, collected or received, or for the period of time in which there are computerized records. No refund is required from the city except to the customer last served by the meter prior to when the error was found. F. If the city undercharges any customer as the result of a meter or metering inaccuracy or other continuing problem under its control, the city may only bill the customer for difference between the rates fixed in section 8-1-13 of this chapter and the rates so charged in the six previous billing periods immediately prior to the date the city remedies the meter or billing inaccuracy. No adjustments will be made to the customer's account except to the customer last served by the meter prior to when the error was found. G. In the event that the electric service meter is found to be more than two percent in error, either fast or slow, proper correction shall be made of previous readings and adjusted bills shall be rendered. Since it is difficult to determine when the meter failed, the administrative services officer or his/her designee will review the account for the period of time when the failure appears to be noticeable and will calculate the average usage of the prior twelve (12) months, and will adjust the account accordingly based on the average usage. The average usage will be billed and anything billed in excess of the average or below the average will be adjusted for the time period determined to be inaccurate. 8-1-15: STANDARDS AND POLICY: The electric distribution standards policy dated 2001 and prepared by the electrical services division of the city is hereby adopted, made a part hereof by this reference and incorporated herein as if set forth in length; together with all changes, amendments, replacements or supplements as adopted and approved by resolution of the governing body. A copy of said electric distribution standards policy shall be kept on file at the city hall and marked "Official Copy". (Ord. 2004-08, 8-2-2004) ---PAGE BREAK--- NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, WYOMING; PASSED ON FIRST READING THE February 17, 2015 PASSED ON SECOND READING THE March 3, 2015 PASSED, APPROVED AND ADOPTED ON THIRD AND FINAL READING THE March 17, 2015 Nancy Tia Brown, Mayor ATTEST: D. Baker Administrative Services Officer