Parowan

Chapter 1 -- POWER BOARD

Section 15-1-1. Establishment of Power Department Section 15-1-2. Power Board Section 15-1-3. Number and Appointment of Members Section 15-1-4. Term Section 15-1-5. Vacancies Section 15-1-6. Qualification of Board Members Section 15-1-7. Compensation of Board Members Section 15-1-8. Board Meetings Section 15-1-9. Duties of Power Board

15-1-1. Establishment of Power Department. There is hereby established the Parowan City Power Department, hereinafter referred to in this title as the Department. The Department shall control and supervise the City's electric utility services as provided by City Ordinance and State Law and shall be responsible for the development, production, purchase, and distribution of power by the City electric utility system. In exercise of its duties and responsibilities, the Department shall have all the powers possessed by the City to construct, acquire, expand and operate the City electric utility system, and to do any and all acts that are necessary and proper to operate and maintain the City electric utility system in an orderly and economic manner, subject to advice, consent and approval of the Mayor and the City Council.

15-1-2. Power Board. The Department shall be headed by a Power Board which shall have exclusive jurisdiction over the Department and all its operations and facilities, except as may be specifically otherwise provided by Ordinance. The Power Board shall be responsible for the operation of the Department, the proper functioning of the Department, may make such regulations and rules as it deems necessary for the proper functioning of the Department, shall see that the Department operates on a self-sustaining economic basis, and shall report to the Mayor and City Council whenever requested to do so.

15-1-3. Number and Appointment of Members. The Power Board shall consist of five members who shall be appointed by the Mayor, with the advice and consent of the City Council. Two (2) of the members of the Power Board shall be appointed from the governing body. The City Manager shall assist the Power Board in carrying out its duties and shall work at the direction of the Power Board in matters effecting the Power Department.

15-1-4. Term. All members serving on the Power Board on the effective date of this section shall continue to serve for the terms to which they were appointed. Successor members of the Power Board shall be appointed for terms of three (3) years and shall serve until their successors are appointed and qualified, except that the members of the City Council who are appointed members of the Power Board shall be appointed for terms of two (2) years and shall serve until their successors are appointed and qualified. Any member of the Power Board may be appointed to succeed himself.

15-1-5. Vacancies. All vacancies on the Power Board shall be filled by appointment by the Mayor, with the advice and consent of the City Council, for the unexpired term. The Power Board shall have the right to make recommendations regarding replacements for Power Board Members before said appointments are made.

15-1-6. Qualification of Board Members. No person shall be appointed or serve as a member of the Power Board unless he shall be a resident elector of the City.

The office of any member of the Power Board who ceases to meet the qualifications set forth in the foregoing paragraph shall immediately be declared vacant by the Mayor who shall thereupon proceed to fill the vacancy as provided by Section 15-1-5. Any member may also be removed by majority vote of the City Council.

Any member of the Power Board shall have the right to resign upon thirty (30) days written notice to the Mayor and City or upon earlier appointment of a successor as set forth in paragraph 15-1-5.

Just cause for removal of any member from the Power Board by the City shall include failure to attend the meetings of the Power Board without satisfactory excuses. Any member of the Board who shall have missed more than twenty-five (25) percent of the Board meetings in any four (4) month period without excuse shall be presumed to have established just cause for his removal by the City Council.

15-1-7. Compensation of Board Members. Every member of the Power Board shall receive such an amount as shall be determined by the Power Board as compensation for attending meetings of the Power Board, but such compensation shall not exceed $10.00 per meeting nor shall it exceed $240.00 per annum. Members may also be reimbursed for their actual and necessary expenses incurred in fulfilling their duties. The compensation and expenses of members shall be paid from the revenues of the Department.

The compensation to be paid for the Chairman and for Vice-Chairman of the Power Board shall be established by the City Council and shall not exceed $25.00 each per meeting nor shall it exceed $600.00 each per annum.

15-1-8. Board Meetings. The Power Board shall meet such times and places as it shall determine and shall also meet at the call of its Chairman. The meetings of the Power Board shall be open to the public and shall be conducted in compliance with the open meetings laws of the State of Utah. The Power Board shall elect from its members a Chairman who shall preside over its meetings and a Vice Chairman who shall act for the Chairman in his absence. It shall also select its own Secretary and may with the approval of the governing body, establish a salary for the position. Election of officers of the Power Board shall be held at the first regular meeting of the Power Board following the appointment of a new member for a full term. All officers shall be taken by the Power Board except on the affirmative vote of three (3) members. Three (3) members shall constitute a quorum for the conduct of business.

15-1-9. Duties of the Power Board. In addition to the general duties of the Power Board which are provided in Section 15-1-2, the Power Board may, under the direction, advice and consent of the City Council, participate in hiring such persons as are necessary for the proper operation of the Department by soliciting, screening, and interviewing such applicants as may be necessary, or in making recommendation for hiring to the governing body. The Power Board shall perform these duties upon direction of the Mayor or the City Manager. In addition, the Power Board may purchase such equipment and materials as are necessary for the proper operation of the Department subject to the purchase order system in effect in Parowan City, prepare and recommend a budget for the operation of the Department, and operate the Department within the monies appropriated by the governing body for the budget, and perform such other duties as are provided by law or ordinance.

Chapter 2 -- POWER DEPARTMENT

Section 15-2-1. Superintendent Section 15-2-2. Duties of Superintendent Section 15-2-3. General Section 15-2-4. Definitions Section 15-2-5. Service Agreements Section 15-2-6. Supplying and Taking of Service Section 15-2-7. Customer's Installation Section 15-2-8. Department's Installation Section 15-2-9. Metering Section 15-2-10. Billing Section 15-2-11. Selection and Application of Rate Schedules Section 15-2-12. Deposits Section 15-2-13. Application of and Changes and Additions to Electric Power Service Chapter and Rate Schedules - Conflicts Section 15-2-14. Real Estate and Contracts Section 15-2-15. Use of Public Rights-of-Way Section 15-2-16. Extension of Service - Fees Section 15-2-17. Service Rates Section 15-2-18. Advertising Section 15-2-19. Budget and Records Section 15-2-20. Joint Operations Section 15-2-21. Reconnection Fee Section 15-2-22. Power Reconnect Agreement Section 15-2-23. Renter Deposit Section 15-2-24. Payment of Electrical Costs Section 15-2-25. Electrical Impact Fees

Section 15-2-1. Superintendent. There is created the position of superintendent of the electric power Department.

Section 15-2-2. Duties of Superintendent. The superintendent of the electric power Department shall manage and supervise the City electric power system pursuant to the provisions of this part and pursuant to resolutions, rules, and regulations adopted by the City Council from time to time prescribing his or her powers and duties and directing the manner and frequency with which he or she shall make reports to the Power Board relating to the electric power system. All of the functions and activities of the superintendent shall be carried on under the direction of the Power Board exercised through the City Manager. Section 15-2-3. General. This electric power service chapter is designed to govern the supplying and utilization of electric power service consistent with prudent utility practice and with safety to customers and to the Department. All rate schedules are on file in the office of the City Recorder and copies are obtainable by any customer without charge upon request. The City Council may supplement this electric power service chapter with such administrative rules, forms, and specifications as may be necessary to properly enforce and administer this chapter and the applicable rate schedules and to effect compliance with the intent of the same. Section 15-2-4. Definitions. The following expressions, when used in this electric power service chapter, in rate schedules, and in service agreements, shall, unless otherwise indicated, have the meanings given below.

"City" means City of Parowan, Utah, or the City of Parowan electric power Department.

"Connected load" means the combined nominal rated capacity of all motors or other energy-consuming devices installed on the customer's premises, which may, at the will of the customers, be operated with energy supplied by the Department. "Customer" means any individual, partnership, association, firm, public or private corporation, or governmental agency receiving the Department's service at any specified location.

"Customer's installation" means the Department will furnish and install necessary meter or meters, and the customer shall provide and maintain locations for installation thereof, free of expense and satisfactory to the Department. No meter shall be installed on an interior wall of a building nor shall any construction be performed that will cause an installed meter to be enclosed within a building or other similar structure.

"Department" means City of Parowan electric power Department

"Electric service" means the availability of electric power and energy, irrespective of whether any electric power and energy is actually used. Supplying of service of the Department consists of the maintenance by the Department, at the point of delivery, of approximately the established voltage and frequency by means of facilities adequate for carrying the customer's proper load.

"Horsepower" means the equivalent to seven hundred fifty (750) watts.

"Indeterminate service" means service to residential, commercial, or industrial customers (except as defined herein as temporary service) when the use of service, both as to amount or permanency, cannot be reasonably assured. Indeterminate service shall include, but is not limited to:

1) Service to mines, quarries, oil wells, industrial manufacturing, and large commercial enterprises to speculative character;

2) Real estate subdivisions; 3) Mobile homes and recreational vehicles; 4) Property being developed for sale; 5) Enterprises where the applicant will not be the user of service;

6) Locations where there is little or no immediate demand for service by any other customer;

7) Seasonal service.

"Meter" means the meter or meters, together with auxiliary devices, if any, constituting the complete installation needed to measure the power and energy supplied to any individual customer at a single point of delivery.

"Month" means an interval of approximately thirty (30) days between successive meter reading dates, except when the calendar month is specified.

"Notice" means, unless otherwise specified, a written notification delivered personally or mailed by one party to the other at such other party's last known address, the period of notice being computed from the date of such personal delivery or mailing.

"Permanent Service" means service to residential, commercial or industrial customers when the use of service, both as to amount and permanency, can be assured. To be classified as permanent service, the power using facilities must be in place at the date of classification.

"Point of delivery" means the customer's service terminal, or the point where the Department's wires are joined to the customer's wires or apparatus, unless otherwise specified in the customer's service agreement.

"Rate schedule" means electric rate tariffs, as adopted by the City.

"Service agreement" means the agreement or contract between the Department and the customer pursuant to which service is supplied and taken.

"Service facilities" means:

1) "Service drop" means the wires owned by the Department connecting the Department's distribution system to the customer's service entrance conductors.

2) "Service entrance conductors" means the portion of the customer's installation to which the Department's service drop is connected.

"Standby service" means service to a load for which the customer has available an alternative source of power other than that provided by the Department.

"Temporary service" means service to customers when the use of service is of a temporary nature or the ventures are of such uncertain speculative character as their permanency is questionable. Temporary service may include but is not limited to:

1) Construction work; 2) Circuses; 3) Bazaars; 4) Fairs; 5) Concessions and similar enterprises; 6) Mining or oil and gas production operations during a preliminary development period. Section 15-2-5. Service Agreements.

A. Form and Execution of Service Agreements. Each applicant for service shall make a written application on the Department's standard form, or execute a formal contract. The Department's standard application form, when signed by the Department's authorized representative, as well as the customer, becomes a binding service agreement. Receipt of electric power service shall constitute an agreement to abide by all provisions of the standard application form and this electric power service chapter.

B. Implied Service Agreement. In the absence of a signed service agreement, the delivery of electric power service by the Department and acceptance thereof by the customer shall be deemed to constitute an agreement by and between the Department and the customer for delivery and acceptance of electric power service under the terms and conditions in this electric power service chapter.

C. Term of Service Agreement. Unless otherwise provided, service agreements are to continue in effect for an initial period of one month where a new service is provided.

D. Expiration or Renewal of Service Agreements. Unless otherwise provided, each service agreement will automatically extend from its expiration date for additional successive periods of one month each, unless and until either party has notified the other in writing not less than thirty (30) days prior to the end of any such period of its desire to terminate such agreement.

E. Department's Rights to Cancel Service Agreement or to Suspend Service. For any default or breach of the service agreement by the customer, including failure to pay bills within the specified period, the Department, in addition to all other legal remedies, may terminate the service agreement or suspend service at the location where such default has occurred. No such termination or suspension, however, will be made by the Department without ten days notice to the customer, stating in what particular manner the service agreement has been violated, except that no notice need be given in cases of theft or unauthorized use or disposition of service by the customer, or where in the Department's judgment the customer is violating or threatening to violate the provisions of this electric power service chapter or other ordinances, laws, or codes. Also, no notice need be given in case of short circuit, or in case of utilization by the customer of service in such manner as to cause danger to persons or property, or to jeopardize service to the customer or to others or when the customer's service entrance does not meet the state adopted or national electric codes. Failure of the Department at any time after any such default or breach either to suspend supply of service, or to terminate the service agreement, or to resort to any other legal remedy, or its failure to exercise on any one or more of such remedies, shall not affect the Department's right to resort thereafter to any one or more of such remedies for the same or any future default or breach by the customer.

F. Cancellation of Service Agreement. Unless otherwise provided in the service agreement, where the customer entirely suspends operations with the intention to permanently abandon them, the service agreement may be canceled by written notice to the Department not less than thirty (30) days before the date upon which service is to be terminated. Suspension of operation by the customer without notification shall not release the customer from his or her prior obligations.

G. Change of Address of the Customer.

1) When the customer changes his or her address, he or she shall give notice thereof to the Department at least three days prior to the date of change. The customer will be held responsible for all service supplied to the vacated premises until such notice has been received and the Department has had a reasonable time, but not less than three days, to discontinue service.

2) If the customer moves to an address at which he or she requires electric power service for any purposes specified in his or her service agreement, and at which address the Department has such service available under the same rate schedule, the notice shall be considered as the customer's request that the Department transfer such service to the new address; but if the Department does not have such service available at the new address, the old service agreement shall, at the option of the Department, either be considered canceled or the customer remains liable thereunder. If the Department has service available at the new address to which a different rate schedule applies, a new service agreement, including the applicable rate schedule, will be offered to the customer. The Department will make transfers of service as promptly as reasonably possible after receipt of notice.

H. Successors and Assigns. Service agreements shall inure to the benefit of an be binding upon the respective heirs, legal representatives, or successors by operation of law, of the parties thereto. The customer may assign his or her service agreement to a third party only with the written consent of the Department. The Department may, without the customer's consent, assign any service agreement to any person or corporation, in any lawful way acquiring or operating all or any part of the Department's property used in supplying service under such agreement.

Section 15-2-6. Supplying and Taking of Service.

A. Power Supply. The Department supplies alternating current at approximately sixty (60) cycles. Secondary distribution voltages are available at 120/240 volts, 120/208 volts, and 277/480 volts. The Department may, at its option, provide other voltages. All voltages are nominal and subject to standard variation. The standard amperage shall be two hundred (200) amps.

B. Supply of Service. Service will be supplied only under and pursuant to this electric power service chapter, and any modifications or additions thereto, and such applicable rate or rates as may from time to time be adopted. Service will be supplied under a given rate schedule only at such point of delivery as are adjacent to facilities of the Department and are adequate and suitable as to capacity and voltage for the service desired. Otherwise, special agreements between the customer and the Department may be required.

C. Continuity of Service. The Department will use reasonable diligence to supply steady and continuous service, but does not guarantee the service against irregularities or interruptions. The Department shall not be liable to the customer for any injury, loss, or damages occasioned by or related to irregularities or interruptions unless the resulting damage was caused by improper operation or deficiencies of the Parowan electrical system, neither shall such irregularity or interruption constitute a default in the service agreement or on the part of the Department.

D. Compliance with Regulations. If compliance with orders or formal requests of any governmental agency, curtailing or diverting the Department's available electric power resources, make it impossible for the Department to supply the full electric power requirements of all its customers, the Department shall not be liable for any injury or loss caused by the resultant curtailment, in whole or in part, of its supply to any customer. If any such curtailment reduces the amount of power available to a customer below the minimum amount contracted for, such a customer shall be relieved of an obligation to pay more than the amount of power from time to time made available by the Department. Such other adjustments in amounts payable by the customer will be made as may be equitable, taking into consideration the time and extend of curtailment. Inability on the part of the Department to meet its contractual obligations to any customer, when such inability is due to the Department's compliance with an order or formal request of a governmental agency, shall not constitute default on the part of the Department as to any contract or agreement, and any contract or agreement affected by such compliance shall remain in full force and effect except as necessarily modified during the effective period of such order or formal request.

E. Suspension of Service for Repairs and Changes. When necessary to make repairs or changes in the Department's electrical facilities or other property, the Department may, without incurring any liability, suspend service for such periods as may be reasonably necessary and in such manner as not to inconvenience the customer unnecessarily. A reasonable attempt to notify those affected by the scheduled outage will be made by the Department.

F. Use of Service. Service shall be supplied directly to the customer through the Department's own meter, and shall be used by the customer only for the purposes specified in and in accordance with the provisions of the service agreement. Service shall be for the customer's use only, and under no circumstances may the customer or the customer's agent or any other individual association or corporation install meters or other apparatus or facilities for the purpose of re-metering or reselling or otherwise disposing of service supplied the customer to lessees, tenants, or others, except in accordance with a service agreement of the Department which specifically authorizes such use of the service. In no case shall the customer, except with the consent of the Department, extend or connect his or her installation to lines across or under a street, alley, lane, court, or avenue, or other public or private space in order to obtain service from an adjacent property through one meter, even though such adjacent property be owned by the customer. In case such unauthorized re-metering, sale, extension, or other disposition of service, the Department may immediately discontinue the supplying of service to the customer until such unauthorized re-metering, sale, or act is discontinued and full payment is made for all service supplied or used, billed on property classification rate schedules, and reimbursement in full is made to the Department for all extra expenses incurred, including attorney's fees and expenses for clerical work, testing, and inspections.

G. Right-of-Way. Without reimbursement, the customer shall make a proper conveyance to the Department of right-of-way satisfactory to the Department across the property owned by or controlled by the customer for the Department's lines or extensions thereof necessary or incidental to the supplying of service to the customer. An easement agreement will be required and recorded.

H. Access to Premises. The duly authorized agents of the Department shall have access at all reasonable hours to the premises of the customer for the purpose of inspecting wiring and apparatus, removing or replacing the Department's property, reading of meter, and all other purposes incident to the supplying of electric power service. It shall be the responsibility of the customers to provide access that is safe and free of obstruction at all times. In the event the Department determines, in its discretion, that the access provided is not safe or is not free of obstruction, it shall make reasonable attempts to give the customer notice that the customer must remove the unsafe condition and/or obstruction within ten days of the notice. In the event the customer fails to comply with the terms of the notice, the City may do either of the following:

1) The City may estimate for each month the electrical consumption at the premises and use that estimate for purposes of charging the customer for electrical consumption.

2) The City may without further notice discontinue electric power service at the premises. If the City elects to estimate the electrical consumption, that estimate shall equal the highest monthly level of metered consumption at the premises during the preceding twelve (12) months, plus an additional twenty-five (25) percent. The estimate of consumption determined by the City shall be binding upon the customer. The fact that the City estimates consumption for one or more months shall not preclude it from subsequently electing to terminate electric power service if the customer has not removed the unsafe condition and/or obstruction.

I. Location of Customer's Service Entrance Conductors. The customer's service entrance conductors shall be located at a point readily accessible to the Department's service drop, such point to be determined by the Department.

Section 15-2-7. Customer's Installation.

A. Customer's Facilities for Receiving Service. The customer's facilities for receiving shall be installed in accordance with the Department's standards and National Electric Code. The Department's specifications mentioned above are on file at the Department's office and are made part of this electric power service ordinance. The customer shall not employ or utilize any equipment, appliance, or device so as to affect adversely the Department's service to the customer or others. When polyphase service is supplied by the Department, the customer shall control the use thereof so that the load at the point of delivery will be maintained in reasonable electric balance between phases.

B. Power Factor Correction and Voltage Control.

1) The Department reserves the right to require the customer to install, at his or her expense, such power factor corrective and/or load-limiting equipment as is necessary for the Department.

2) When flourescent, neon, zeon, or other hot or cold cathode types of gaseous tube lighting having similar power factor characteristics are installed and used, the customer may be required to furnish, install, and maintain, at his or her own expense, corrective apparatus designed to maintain at not less than approximately ninety (90) percent lagging the power factor or each unit of such equipment or group of such equipment controlled as a unit by a single switch or its equivalent which controls any such unit. Similarly, all air conditioning equipment installed after the effective date of this electric power service chapter shall be equipped so that when in operation, the power factor is not less than ninety (90) percent lagging.

3) Where the customer installs power factor corrective equipment, the Department reserves the right to require the customer to install such controls as are necessary, in the Department's opinion, to prevent voltage or other disturbances on the Department's system that are detrimental to the service furnished other customers.

4) The Department shall have the right to refuse or discontinue service to any such installation, until the customer has complied with the foregoing provisions.

C. Phase of Motors.

1) Individual motor installations requiring less than five horsepower shall be single phase. Motors not exceeding one-half horsepower shall be for one hundred fifteen (115) volts; and motors of one-half horsepower to five horsepower shall be for two hundred thirty (230) volts. Exceptions may be served at the option of the Department.

2) For installations of motors of five horsepower and over, three phase alternating current will be furnished at the voltage stated in the service agreement, but single phase service, at the option of the Department, may be furnished for installation of motors of five horsepower and over, where the Department has only single phase service available at the point where the customer desires service.

D. Current-Limiting Devices.

1) Auto starters or other suitable devices shall be provided by the customer for motors having about five horsepower.

2) All motors starting on other than light load shall be provided with suitable device or be of suitable type to limit the starting current.

E. Changes in Installation. Since the Department's service drop, transformers, meters, and other facilities used in supplying service to a customer have a definite limited capacity, before making any material changes or increases in the customer's installation or use, the customer shall give notice thereof to the Department, and obtain the Department's consent thereto. The Department as promptly as possible after receipt of such notice will either give its approval to the proposed change or increase, or will advise the customer upon what conditions service can be supplied for such change or increase.

F. Inspection by Department. The Department shall have the right, but does not assume the duty, to inspect the customer's installation at any time, and from time to time, the Department shall also have the right to refuse to commence or to continue service whenever it does not consider such installation to be in good operating condition, but the Department does not in any event assume any responsibility whatever in connection with the customer's installation.

G. Customer's Responsibility. The customer assumes all responsibility on the customer's side of the point of delivery for service supplied or taken, as well as for the electrical installation, appliances, and apparatus used in connection therewith, and shall indemnify the Department from and against all loss, cost, damage, or claims for injury or damages to persons or property occasioned by or in any way resulting from such service or the use thereof on the customer's side of the point of delivery. Such indemnity shall extend to cover all expenses, including all attorney's fees and court costs, incurred by the Department, with or without suit.

Section 15-2-8. Department's Installation.

A. Installation and Maintenance. Except as otherwise provided in this electric power service chapter, in service agreements, or rate schedules, the Department will install and maintain its lines and equipment on its side of the point of delivery, but shall not be required to install or maintain any lines or equipment, except meters, on the customer's side of the point of delivery. Only the Department's agents are authorized to connect the Department's service drop to the customer's service entrance conductors.

B. Connections to Customer's Service. The service drop will ordinarily be installed overhead. If the customer desires to have the service drop installed in any other manner, special arrangements will be made between the customer and the Department whereby such service drop will be installed and maintained at the customer's expense.

C. Relocation of Department Facilities at Customer's Request. When, solely for the customer's convenience, the Department is requested to relocate its facilities, the customer shall pay to the Department the total cost of making the requested change, as that cost is determined by the Department.

D. Protection by Customer. The customer shall protect the Department's wiring and apparatus on the customer's premises and shall permit no one but the Department's agents or persons authorized by law to inspect or handle same. In the event of any loss or damage to such property of the Department caused by or arising out of carelessness, neglect, or misuse by the customer or other unauthorized persons, the cost of making good such damages, including attorney's fees and court costs, shall be paid by the customer.

E. Tree Trimming. The Department shall regularly review the condition of trees growing in or near public utility easements to determine if potential interference with overhead utility lines might pose a problem by reason of their growth patterns during the growing season of trees. Trees growing under or near power lines that could potentially interfere with the system will be trimmed no less than ten feet below the nearest line. Consideration of the growth patterns of the particular tree will be taken into account. Trees with rapid growth may be trimmed as much as fifteen (15) feet below the lines. The Department will make a reasonable effort to contact property owners before trimming a tree or trees, but where this is not possible, and the crew is in the area with their equipment, the trees will be trimmed. Consideration will be given to the appearance of the trimmed tree, but an owner who is not satisfied with the appearance of his or he tree may at his or her expense shape the tree to his or her liking. This work may be done by the owner or by a commercial company paid by the owner, but is not the responsibility of the City. Access to easements will be obtained from the property owner wherever possible. Debris from trimming operations will be removed by the City crew. Because of the safety hazard and potential for electric shock, owners are advised not to trim their own trees. If the owner does his or her own trimming, he or she agrees by so doing not to hold the City liable for his or her failure to comply with this chapter or for any accident related to his noncompliance. In the event the property owner refuses to permit the City crew to enter the premises to complete the required trimming work, the City shall discontinue electrical power service to such property owner at that location until such permission is given.

Section 15-2-9. Metering.

A. Installation. The Department will furnish and install the necessary meter or meters, and the customer shall provide and maintain locations for installation thereof free of expense and satisfactory to the Department.

B. Evidence of Service Use. The registration of the Department's meter shall be accepted and received at all times and places as prima facie evidence of the amount of power and energy taken by the customer.

C. Voltage of Installation. Metering will be at secondary voltage unless otherwise specified in the service agreement.

D. Meter Tests and Bill Adjustments.

1) When the accuracy of a meter is questioned, upon written request from the customer, the Department will test the meter by comparing with a standard test meter. If the meter is found to be accurate within plus or minus two percent, the customer will reimburse the Department for the cost of said test. Prior to any test, the Department reserves the right to require a deposit to cover said costs. Written confirmation of test results may be requested.

2) If the meter being tested is found to be more than two percent slow or fast, no charge shall be made for testing, and the Department will adjust the proportion to the error (either fast or slow) for the period covered by the billing in question and until the date of installation of a new meter, but said adjustment period, in any event, shall not exceed ninety (90) days.

Section 15-2-10. Billing.

A. Billing Periods. Bills ordinarily will be rendered regularly at monthly intervals, but may be rendered more frequently at the Department's option. Non-receipt of bills by the customer shall not release or diminish the obligation of the customer with respect to payment thereof.

B. Minimums. When a customer receives service for less than thirty (30) days during the billing period, the applicable monthly minimum shall apply.

C. Separate Billing for Each Point of Delivery.

1) At each point of delivery, use of service shall be metered separately for each customer served. Whenever, for any reason, the Department furnishes two or more meter installations for a single customer or supplies service under a rate schedule which does not require a meter, each point of metering and/or point of delivery where no meter is required shall be considered as a separate service. A separate service agreement will be required, and bills will be separately calculated for each such separate service, except where the Department may, under special circumstances, waive this requirement.

2) For service locations established prior to __________________, 2003, which have more than one meter and which were billed on a conjunctive meter basis under a common rate schedule, the Department will continue to bill these locations on a conjunctive meter basis until said multiple meters can be combined into a single meter location or one year's time from date passed.

D. Payment of Bills. All charges due from the customer become delinquent if not paid on or before the due date set forth on the bill. Upon becoming delinquent, all unpaid balances will be assessed a late charge of five percent (5%). The customer shall pay any attorneys' fees and court costs incurred in the collection of past-due bills. In addition the customer's service may be terminated as provided in the City's uniform utility billing ordinance.

E. Billing Dispute. In the event any portion of any bill is disputed, including questions relating to metering, the disputed amount shall be paid under protest when due. Said protest must be in written form and must be received by the Department on or before the due date of the bill in question. The protest shall be referred to the City Treasurer or his or her designee for resolution. Upon their written determination of the amount due, the customer may appeal to the Power Board. In the absence of such an appeal, the determination of the Department and City Treasurer shall be final. If protest is not made as herein provided, no adjustment will be made.

F. Tax Adjustment Clause. In the event any governmental body shall impose a gross revenue, occupation, or energy tax upon the City for power supplied, then the amount of such tax shall be billed to and paid by the customers receiving the power from the City.

G. Theft of Service. In any case of tampering with a meter installation or interfering with the proper working thereof, or theft of service by any person, the City shall be entitled to collect from the customer at the appropriate rate for all power and energy not recorded on the meter by reason of such tampering, interfering, of theft or service diversion, as such amount may be estimated by the Department from the best available date. The customer shall also pay all expenses, including attorneys' fees and court costs, incurred by the Department in the collection of amounts due or in the remedying of any tampering, interfering, or theft. Section 15-2-11. Selection and Application of Rate Schedules.

A. Selection of Rate Schedule.

1) When a prospective customer makes application for service, the Department will, upon request, assist in the selection of the rate schedule appropriate to the customer for the service requested. The selection will be based on the prospective customer's statement as to the class of service desired, the amount and manner of use, and any other pertinent information. This statement will be recorded and filed with the application. The Department shall not be liable for any errors in designating the applicable schedule.

2) If through error a service agreement is entered into specifying a rate schedule which is not applicable to the class of service taken, on discovery of the error, all bills rendered during the preceding twelve (12) months shall be recalculated in accordance with the lowest properly applicable rate schedule, and any excess paid shall be applied on any outstanding balance owing by the customer or, if no balance is owing, shall be refunded by the Department, or any balance due shall be paid by the customer, as the case may be. No adjustments may be made for service provided more than twelve (12) months prior to the date on which adjustment is first requested in writing.

B. Distinction Between Residential and Commercial Service. Service rendered through one meter to apartment houses and to recognized rooming and/or boarding houses will be considered commercial service.

C. Lighting on Power Schedules. Lighting service will not be supplied under any power rate schedules unless it is so specified in such power rate schedule, and when so supplied the customer will provide and maintain all auxiliary apparatus (transformers, regulators, etc.) that may be necessary. Service supplied to motor generators, any portion of the output of which is used for lighting purposes, shall be considered lighting service.

D. Temporary and Standby Service.

1) Temporary and standby service shall not be rendered except under a special agreement between the Department and the customer unless the temporary service is provided during construction where a permanent service will be established.

2) In no event will the Department supply power and energy for the purpose of starting or furnishing excitation or other auxiliary service necessary to the operation of any of the customer' generating plant or for parallel operation of the customer's generating equipment with the Department's system except under a special agreement between the Department and the customer.

Section 15-2-12. Deposits.

A. When Required. The Department, at the time application for electric power service is made or anytime thereafter, may require a cash deposit or guarantee satisfactory to the Department to secure the payment of bills as they become due. Such deposit or guarantee may be held in its entirety by the Department until final settlement of the customer's account. The amount of such deposit is $250.00.

B. Refunds. Deposits shall be refunded upon the customer's request after a satisfactory payment history of twenty-four (24) months. Deposits shall be credited to the customer's bills for electric power service. If the customer is terminating service and that customer's deposit balance remains greater than the customer's last bill, the remaining balance, after crediting the bill, may be refunded directly to the customer. Section 15-2-13. Application of and Changes and Additions to Electric Power Service Chapter and Rate Schedules - Conflicts

A. Application of Electric Power Service Chapter and Rate Schedules. Service agreements that are presently in effect or that may be entered into in the future are made expressly subject to this electric power service chapter and to the applicable rate schedules and any modifications or additions thereto. When practicable, thirty (30) days notice by publication in a local newspaper or by mail, at the Department's option, will be given to any of the customers affected by any such change, addition, or substitution.

B. Conflicts. In case of a conflict between any provision of this electric power service chapter, a customer's service agreement, or a rate schedule, the provisions of the service agreement take precedence, followed by the provisions of the rate schedule.

C. Miscellaneous. Any provisions of this chapter held invalid shall be ineffective to the extend of such invalidity without affecting or invalidating the remaining provisions of this chapter. The chapter supersedes and repeals that portion of any ordinance or resolution that is inconsistent with the provisions of this chapter. Section 15-2-14. Real Estate and Contracts. When it determines it to be necessary for the proper and economical operation of the Department, with the approval of the City Council, the Power Board may enter into contracts to (1) sell its products and services to the public and private corporations and to other consumers; (2) construct power generating plants, transmission lines, and other property and for the operation and maintenance of the same; (3) purchase real estate and franchises; (4) purchase power; (5) lease property which may be necessary for the proper operation of the electrical system, and (6) purchase the City's metering point. From the metering point to the individual customers, the customer shall bear the responsibility of maintenance of the line. The developer may contract with the governing body for the power Department employees to construct the system on terms agreeable to the governing body.

Existing overhead lines may be replaced with underground facilities when mutually agreed by a power customer and the City, provided that the customer pays, in advance, a nonrefundable sum equal to the total installed cost of the new underground facilities including new easements and removal costs.

Extensions for temporary service or speculative business will be made only upon mutual agreement between the governing body and the applicant based on the existing conditions in each separate instance.

Section 15-2-15. Use of Public Rights-of Way. The Department will construct, own, operate, and maintain electrical lines only along public streets, road, and other rights-of-way which the City has the legal right to occupy, and across other public and private property across which the City has utility easements. Applicants for extensions of service shall be required to furnish such easements to the City without costs to the City.

Line extensions within the City limits between existing electrical installations and the proposed subdivision shall be installed and paid for in accordance with a mutually agreeable arrangement between the line extension applicant and the governing board, the terms of said agreement to be arranged on a case by case basis.

Section 15-2-16. Extension of Service - Fees. The Power Board shall adopt regulations governing extensions of electric service within the Parowan City limits. These regulations shall provide the conditions under which such extensions will be made and shall be in conformity with the provisions of this Section and State Law as set forth in Section 10-8-14, Utah Code Annotated, 1954 as amended. All extensions of electrical service outside the City limits shall only be by special contractual arrangements with the governing body and shall be arranged on a case by case basis.

A. All extensions of electric service within the City limits, except within subdivisions, will normally by constructed overhead by the City without cost to the applicant, provided however, that from the connection fee, paid to the City, the City will provide for up to 1 pole and 200 feet of single phase 120/240 volt service wire up to 200 amps. All other costs of extending service shall be paid for by the applicant in addition to the connection fee. Any applicant within or without the City, desiring underground service, shall be required to dig all necessary trenches and to fill them according to the specifications of the Power Department. No underground installations shall be covered or back filled until inspected and approved by the City Electricians.

B. Extensions within real estate subdivisions within the City limits shall be constructed at the developer's expense, inspected by the City Electrician, and once approved, turned over to the City's ownership. The City shall thereafter be responsible for the maintenance of the system and all lines thereof up to City shall pay in advance a connection fee to be established by resolution of the City Council from time to time for each new connection, as defined by the rules and regulations promulgated by the Power Board, to be made to the City electrical utility system. For purposes of this section, the term connection shall include but not be limited to that wire which connects the building, house, or facility of the electrical customer to the main lines of the City electric utility Department located in utility easements as set forth herein above. However the Power Board may, through its rules and regulations, set forth guide lines defining when a new connection fee must be paid. It is however the express policy of Parowan City that a separate connection fee shall be paid for each and every separate dwelling unit, use, or customer, unless otherwise arranged by agreement with the governing body. Section 15-2-17. Service Rates. The City Council, after recommendation by the Power Board, shall fix rates to be charged for electricity sold and services rendered by the Department. Rates shall be fair, reasonable, and compensatory and shall be uniform for all consumers within the same class; but different rate schedules may be applied to different classes of consumers as determined by the Council. Rates within the City limits may be less but shall be no greater than for the same class of consumers outside the City limits. Rates shall be sufficient to pay all operating and maintenance expenses of the Department and all bond interest and redemption costs of the electrical power system. The Council may require reasonable deposits as security for the payment of charges for services and may provide for the return of said deposits when satisfactory consumer credit has been established.

The City Offices shall administer the collection of any and all funds generated by the Department.

The rates charged for electric services shall be established by Resolution of the City Council from time to time after recommendation by the Power Board.

Every consumer shall pay the assessed rate for services rendered in a timely manner. Payment shall be in the amounts and at the times determined by the management committee in accordance with this Ordinance. In the event that a consumer fails to make the required payments for use of the services within thirty (30) days of billing, any delinquent amounts due and owing shall constitute a lien on the interest of the owner in the property until the same has been paid in full. Upon recording a notice of lien by Parowan City, the same shall constitute a lien upon the property until the same has been paid in full, including all costs and expenses incurred in the filing and recording of the lien. The lien may be enforced by sale or foreclosure of the owner's interest in the property. The sale or foreclosure shall be conducted in the same manner as foreclosures in deeds of trust or mortgages or in any other manner permitted by law. The property owner shall be liable for all costs of foreclosure including reasonable attorney fees. Suit to recover a money judgment for unpaid common expenses is maintainable without foreclosing or waiving the lien securing it.

Section 15-2-18. Advertising. The City Council, after recommendation from the Power Board, may authorize reasonable expenditures to advertise and promote the use of services of the Department and to acquaint the public with the operations, programs and planned expansion of the Department and the City electrical power system.

Section 15-2-19. Budget and Records. The Power Board shall furnish a proposed budget for the Department to the City Council no later than April 10th of each fiscal year so that it may be incorporated in the general budget of the City. Said proposed budget shall be subject to a review process as outlined in Title 10-6-111 Utah Code Annotated.

The accounts and records of the Department shall be maintained by the City Offices, but shall be kept separately from the general accounts and funds of the City except as may be otherwise specifically provided by State Law or other City ordinances.

The City Council shall have the power to transfer to the City treasury all surplus funds which in their best judgment will not be needed for the proper operation, maintenance, bond payments and care of the Department. This transfer to be made at the close of each operational year of the Department. The maximum amount of money that can be transferred out of the electric fund cannot exceed the energy tax collected. Section 15-2-20. Joint Operations. The City Council may contract with any public agency or private corporation or other municipality or individual for the joint use of poles and other property belonging to the City or to the other party. The City Council may also contract with any other party for the joint acquisition of real property and franchises, and joint financing, construction, operation and maintenance of power generating facilities, transmission lines and other property.

Section 15-2-21. Reconnection Fee. In the event that any electric consumer has his electric service shut off under the provisions of section 15-2-5(E) above for nonpayment of electricity charges, no reconnection or reestablishment of electrical service shall be made until that consumer has deposited with the City of Parowan or the City Electric Department a non- refundable reconnection fee. Said fee shall be established by Resolution by the Parowan City Council.

Section 15-2-22. Power Reconnect Agreement. It is the duty of the Parowan City Power Department to provide electric service to the citizens of Parowan and to enact and promote the health, safety, convenience, and general welfare of the present and future residents of the City of Parowan. Based on this, and according to the adopted electrical code of Parowan City it is requisite that electric upgrades be made. When a hazard is detected by a City official, the customer will be notified of the hazard and will be given thirty (30) days to bring it into compliance with City Code. The Parowan City Power Reconnect Agreement will be as follows:

PAROWAN CITY POWER RECONNECT AGREEMENT Date _______________________________________ It is the desire and responsibility of the Parowan City Power Department to provide electric service to the citizens of Parowan City in a manner which promotes the health, safety, convenience, and general welfare of its present and future residents. Based on current electrical code standards, as adopted by Parowan City, you are hereby notified that certain electrical equipment being utilized at your property does not meet the safety code guidelines which necessitates immediate upgrades to your electrical system as set forth hereafter. Address: _________________________________ Meter Number: _____________________________ Account Name:________________________________________________________________________ Notwithstanding the notification provided herein, it is my desire that my power be connected immediately rather than making the repairs prior to re-connection. Based upon my desire for immediate connection, I,_________________________________, agree to have my service entrance upgraded to meet the Utah State electrical code guidelines within 30 days and inspected by the County Building Inspector. If these requirements are not met within the specified time, I agree that the City will disconnect the power service to this meter until such time as it is brought into compliance and I waive any claims as a result of said disconnection. I also understand that additional re-connect fees will be incurred. Furthermore, by signing this documents I agree and accept the following: ACCEPTANCE OF RISK AND INDEMNIFICATION I understand and acknowledge that my connection and use of power prior to making the necessary upgrades identified entails a risk of injury to myself and a risk of injury to third parties as a result of my actions. I expressly agree, covenant and promise to accept and assume all responsibility and risk of injury, death, illness, or damage to myself and to my property arising from my use of the power prior to making the upgrades identified herein. I expressly agree, covenant and promise to accept and assume all responsibility and risk of injury, death, illness, disease or damage to third parties and their property arising from my use of the power and agree to notify any third parties of any risks I may be subjecting the third parties to as a result of my need to upgrade my electrical system. I hereby release, and forever discharge Parowan City, and all other persons or entities, from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my use of immediate power. I further agree, promise and covenant not to sue, assert or otherwise maintain or assert any claim against Parowan City for any injury, death, illness, disease, or damage to myself or to my property, arising from or connected with my receiving power from Parowan City or from any claim asserted against me or Parowan City by third parties. IN SIGNING THIS DOCUMENT, I FULLY RECOGNIZE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY USE OF MY DEFECTIVE ELECTRICAL SYSTEM I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST PAROWAN CITY. Should I invite third-party persons onto my property, I agree to hold harmless and indemnify and defend Parowan City from all liability and defense costs, including attorney's fees, or from any other costs incurred in connection with claims for bodily injury or property damage that may be incurred by a third party who is there at my request. I hereby further voluntarily release promise and covenant to hold harmless and indemnify Parowan City from all defense costs, including attorney's fees, or from any other costs incurred in connection with claims for bodily injury or property damage which may result from use of my defective electrical system by myself or others. Third parties include all minors under my control or care which may also be harmed. DATED this _________ day of _______________________, ____________. Resident of the First Part: Resident of the Second Part: ________________________________________ _______________________________________

Section 15-2-23. Renter Deposit.

A. All renters or tenants of commercial, residential or other property shall pay a deposit, in advance, of commencement of electrical service. Said deposit shall be in addition to the regular monthly or other periodic payments for electricity. Such deposits shall be in an amount established by Resolution of the City Council.

B. Such deposits shall be received by the City Treasurer and deposited in the general account of the City and shall be retained by the City so long as any services have not been paid for in full. The City shall use such amount of said deposit as is needed to pay any delinquent charges for such services not paid for by the tenant or renter.

C. The City Council may by resolution require the landlord or owner of rental property to be responsible for the payment of electrical power services furnished to the property, whether or not the landlord or owner resides upon the property. In addition, the landlord or owner may be required to post such deposits with the City as the governing body may deem appropriate to insure the payment for electrical services.

Section 15-2-24. Payment of Electrical Costs. All charges for electricity shall be paid for monthly by the consumer. Any consumer failing, neglecting or refusing to pay such charges by the twentieth (20th) day of the month shall be assessed a five percent (5%) penalty. Consumers whose accounts are delinquent in excess of thirty (30) days shall also be subject to having their electric current shut off by the Department.

15-2-25. Electrical Impact Fees. The City Council may require an applicant to pay an impact fee for requested services from the City for use of its electrical system. The imposition of impact fees shall be based upon the current schedule of impact fees for the electrical system which specifies the amount of impact to be imposed for each type of use and impact upon the electrical system servicing residents of Parowan City. This impact fee shall be assessed against all development activity, as may be applicable, within or without Parowan City limits.

The impact fee for the electrical system shall be established and adjusted, by resolution, as necessary to ensure that the impact fees are being reasonably imposed for the service being provided based upon and reasonably related to the development activity.

All funds collected as electrical impact fees shall be placed in a separate fund to be known as the Parowan City Electrical Capital Improvement Fund for use in the future development of the electrical system for Parowan City, Utah.

Chapter 3 -- MISCELLANEOUS PROVISIONS

Section 15-3-1. New Account Deposits Section 15-3-2. Sale or Disposition of Utility System 15-3-1. New Account Deposits.

(A) New tenants of commercial, residential or other property shall pay a deposit in advance of commencement of electrical service. Said deposit shall be in addition to the regular monthly or other periodic payments for electricity, culinary water, sewer service, and garbage service. Such deposits shall be in an amount established by resolution of the City Council and may be based on the type of electrical service to be provided, the estimated monthly service bill, and such other relevant matters as the Council may wish to consider.

(B) Such deposits shall be received by the City Treasurer and deposited in the general account of the City and shall be retained by the City so long as any of said services shall not have been paid for in full. The City shall use such amount of said deposit as is needed to pay any delinquent charges for such services not paid for by the tenant or renter.

15-3-2. Sale or Disposition of Utility System. The City electric utility system shall not be sold or otherwise disposed of by the Power Board or City except after the question of the sale or disposition of the same shall have been approved by a majority vote of the voters of the City who vote on the question when it is submitted to the voters at any municipal election or at a special election called by the City Council for that purpose.

Chapter 4 -- PUBLIC OFFENSES

Section 15-4-1. Theft of Electricity Section 15-4-2. Access to Premises Section 15-4-3. Injury to Electric System Section 15-4-4. Turning on Current without Authority Section 15-4-5. City Not Liable Section 15-4-6. Penalty

15-4-1. Theft of Electricity. It shall be unlawful for any person to use electric current ahead of the meter or to use, employ, or follow any other procedure or device for obtaining electricity without paying therefor, or to aid, council, abet, encourage or assist any other person in so doing

15-4-2. Access to Premises. Free access at all reasonable hours shall be allowed to employees of the Department to all premises supplied with electric service. All meters shall be outside of the building which they serve and readily accessible, mounted five (5) to six (6) feet above the ground. Variations in mounting of the meter must be approved in advance by the superintendent of the City electrical Department. It shall be unlawful for any person to interfere with or obstruct the employees of the Department in the performance of their duties.

15-4-3. Injury to Electric System. It shall be unlawful for any person to take down, remove, injure, obstruct, displace, destroy, or otherwise interfere with any power line or equipment or any part thereof, or to sever or damage any wire or cable thereof, or in any manner to interrupt the transmission of electricity along such line, or damage or injure in any manner whatsoever any building or structure or machinery connected therewith except after having received written permission from the Department as may be provided by regulations of the Power Board. 15-4-4. Turning on Current Without Authority. It is unlawful for any person to turn the electric current to his or any other premises or to use any electric current from the City system without authority of the Department.

Section 15-4-5. City Not Liable. Parowan City and its power system shall not be held liable for damages to any electric user by reason of stoppage, fluctuation of voltage, or interruption of his or her electrical service caused by accident to power plant, service or transmission lines, alterations, additions, repairs or other unavoidable causes. 15-4-6. Penalty. Unless otherwise designated, any person violating any provision of this Title either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class B Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

This entire Ordinance (Title 15 - Power) was revised and adopted by the Parowan City Council on March 27, 2003 - Refer to Ordinance No. 2003-03-03. This most recent revision supersedes all others.

Dates of other ordinances pertaining to Power: June 25, 1998; April 15, 1978; June 1, 1977; August 4, 1976; April 21, 1976; December 11, 1974; September 23, 1968; April 25, 1955; July 25, 1951; April 9, 1951; June 5, 1945; December 3, 1940; August 22, 1935; December 27, 1930