CHAPTER 15. UTILITIESCHAPTER 15. UTILITIES\Article 2. Electricity

The electrical system of the city shall be operated by a department to be known as the “electric department.” The electric department shall consist of the governing body, an administrator, two superintendents, and other officers and employees of the city devoting all or part of their time to the conduct of the department. The administrator shall maintain, manage, conduct, and control the electric system and the department. The governing body shall make all such ordinances, rules and regulations as may be necessary for the safe, economical, and efficient management of the electrical system.

(Code 1967, 15-201)

There is hereby created the position of superintendent of the electric distribution department. The superintendent of the electric distribution department shall be employed by the city administrator and shall perform the following duties:

(a)   He or she shall generally be in charge of the maintenance and operation of the electric distribution system, meters, and all other appurtenances of the electrical system

(b)   He or she shall keep up-to-date maps of the city’s electric system showing the exact location of electric lines, service connections and other physical equipment of the system. He or she shall make and file with the city administrator an annual inventory of all property of the electric system in January of each year.

(c)   He or she shall perform all other duties assigned to him or her by the city administrator and shall be subject to general advice and control of the city administrator with respect to all specific duties.

(d)   He or she shall have charge and control of all employees within his or her department subject only to direct instructions from the city administrator.

(e)   He or she shall perform all other duties imposed upon him or her by ordinance or law.

(Ord. 442, Sec. 1)

There is hereby created the position of superintendent of the electric generation department. The superintendent of the electric generation department shall be employed by the city administrator and shall perform the following duties:

(a)   He or she shall generally be in charge of the maintenance and operation of the electric generating plant and substations. He or she shall be responsible for reporting to the city administrator all matters concerning the operational needs of the generating plant and substations.

(b)   He or she shall make and file with the city administrator an annual inventory of all property of the generating system in January of each year.

(c)   He or she shall perform all other duties assigned to him or her by the city administrator and shall be subject to general advice and control of the city administrator with respect to all specific duties.

(d)   He or she shall have charge and control of all employees within his or her department subject only to direct instructions from the city administrator.

(e)   He or she shall perform all other duties imposed upon him or her by ordinance or law.

(Ord. 442)

The employment of the regular employees of the department shall be by the city administrator. Wages shall be approved by the governing body. All employees of the department shall be under the immediate control and management of the superintendent.

(Code 1967, 15-203)

(a)   Owner means the owner of the real property connected or to be connected to the electric system.

(b)   Customer is the party in whose name the account is carried.

(c)   Consumer is the party using the electricity.

(d)   Suburban customer is a customer that resides outside the corporate limits of the city, but that can be supplied from a transformer located within the corporate limits used in supplying other customers residing within the corporate limits.

(Code 1967, 15-204)

Before any connection is made to any distributing line, an application for a permit must be made in writing by the owner to be connected or by his, her or their authorized representative at the office of the city clerk. Such application shall be made on forms provided by the electric department. Under no circumstances may connections be made with the lines except by an employee of the city.

(Code 1967, 15-205)

The city may extend its transmission lines within or without the city by construction or purchase, when applications have been made and agreements entered into by persons along the proposed extension that will produce a revenue in the judgment of the governing body sufficient to pay interest on the cost of the extension, and the operating cost of the service; provided, that the city may make extensions within the city without applications having been made, if the condition of the electric fund will permit; provided further, that the city may at its option require any proposed customer situated outside the city limits to whom it may decide to sell electricity to construct his or her own connection to an electric line within the city limits at his or her own expense and to maintain it at his or her own expense.

(a)   In all cases of new electrical utility service, the city distribution superintendent, or designee, shall determine the method, material, and location of the overhead utility line.

(1)   Should the utility user desire a different method, material, or location of the overhead line, the utility user shall pay the amount over the estimated cost for labor, material, and equipment time.

(2)   In those cases where the utility user desires buried electrical lines, the city distribution superintendent shall install an electrical meter at a location best suited to city functions. The utility user shall then obtain the services of a qualified electrician/contractor and have the electrical lines installed at the utility user’s cost. However, all material and method shall be approved in advance by the designated city official, and inspected prior to cover-up. The equipment shall be maintained at the utility user’s expense.

(b)   In those cases of existing overhead electrical services, the utility user shall bear the full cost of any requested change in location or method of service delivery, minus any salvage value realized in the change.

In all cases, the city distribution superintendent shall retain the final approval of methods, materials, and locations.

The city reserves the right at its option to change any service location or method of utility delivery as best suited to the situation.

(Code 1967, 15-206; Ord. 870; Code 2018)

All electrical current sold and supplied by the city shall be by meter measured.

(Code 1967, 15-207)

The city reserves the right to designate the location of all electric meters. No meter under any circumstances, whether owned by the customer or the city, shall be removed, relocated or repaired except by employees of the electric department under the direction of the superintendent.

(Code 1967, 15-208)

The consumer shall be responsible for the care of any meter installed for his or her use, for any accident or willful injury thereto, except lightning or storm, and in the event of such injury the consumer shall promptly notify the superintendent thereof, who shall have the necessary repairs made and charge the cost of the repairs to the consumer; provided, that no person shall paint any meter after same is installed.

(Code 1967, 15-209)

The city reserves the right to put seals on any and all meters and may cut off the service if such seals are found broken or removed. Upon the second offense thereof and for any further offense, the superintendent shall cause the service to be discontinued and shall refuse to continue service to such premises so long as the consumer upon the premises at the time of the breaking of the seal or removal of same shall continue to be the occupant thereof.

(Code 1967, 15-210)

The amount of current recorded by the meter shall be conclusive evidence on both the city and customer as to the quantity to figure the cost to the customer except when the meter has been found to be defective or has ceased to register. In such case, the amount of the current shall be determined by the average daily registration as shown by the meter when in order.

(Code 1967, 15-211)

The superintendent is hereby directed and authorized to have all meters carefully tested before being installed. After installation, they shall be tested as frequently as circumstances warrant in the discretion of the superintendent. If, at any time, any consumer becomes dissatisfied with the accuracy of the meter in his or her service, he or she may make application to have his or her meter tested and the superintendent shall, as soon as practicable, have the meter tested in the presence of the complainant if he or she so desires, and if the test shows that the meter has been over registering more than two percent, the previous bill based on the reading of such meter shall be corrected accordingly. If the test shows that the meter has not over registered or under registered more than two percent, the meter shall be considered as correct, and the customer requesting the test shall be charged $10. The city reserves the right to remove or test any meter at any time and if found to be inaccurate to substitute another meter in its place.

(Ord. 619)

The city hereby reserves the right at any time without notice to shut off the current for the purpose of making repairs or extensions, for the nonpayment of electric bills, or for other needful purposes. It is hereby stipulated that no claims will be allowed by the city by reason of the current being so cut off or disconnected.

(Code 1967, 15-213)

The superintendent or any person or persons delegated by him or her shall have free access at all reasonable times to all parts of every building in which electricity is delivered, to examine wiring and fixtures.

(Code 1967, 15-214)

It shall be unlawful for any person unauthorized by the city to use electric current from the city system without first having made arrangements for the service as provided for in this article.

(Code 1967, 15-215)

In cases that are not specifically provided for herein in connection with the proper management of the electrical system of the city, the administrator is hereby authorized to make special rules and regulations to meet the same, which shall be binding upon the parties concerned the same as though incorporated herein.

(Code 1967, 15-216)

All of the foregoing rules and each and every addition, amendment, or modification to any rules of the city shall be and become binding upon and shall form part of the contract with each and every customer who makes application for the use of electric current, and where premises are furnished with and connected to the city electric system, every such customer shall be considered as having and be taken and construed to have expressed his or her consent and to be bound thereby.

(Code 1967, 15-217)

This article shall not be construed to relieve from liability or lessen the liability of any party owning, operating, controlling or installing any electrical equipment for damages to any person injured by any defect therein, nor shall the city be held as assuming any such liability by reason of the inspection authorized or by reason of any certificate issued by it.

(Code 1967, 15-218)

Rates for city residential-lighting and general appliance service are listed in Schedule R-2014.

(Ord. 816; Ord. 860; Code 2018)

Electricity shall be provided to all territory served by the city. Residential electric service shall be supplied through one metering point and shall be used exclusively for domestic purposes. Electric service is for exclusive use of one customer and is not to be resold or shared with others.

Where two or more dwelling units such as duplexes, apartments and trailer homes, each having separate kitchen facilities, are served through one meter, Schedule CSP-2014 shall be applied.

Where more than four rooms in a residence are rented, or are available for rent, such residence shall be considered as a commercial rooming house and billed on Schedule CSP-2014.

Residential Schedule R-2014 is not available to residential premises used for commercial purposes; however, if the customer’s wiring is so arranged that electric service for domestic and non-domestic purposes can be metered separately, then Schedule R-2014 applies to that portion used for domestic purposes.

(Ord. 816; Ord. 860; Code 2018)

City residential-lighting and general appliance service shall be alternating current, single phase, approximately 60 cycles, and at voltage the city has available for service required.

There shall be a minimum charge of $12.33 per month, for which customer may use up to and including 85 kW/h.

Electric Usage Rate: In addition to the minimum charge, a monthly rate of $0.1295 per kW/h used shall be charged to the customer.

Energy Adjustment Charge: Customers will be billed an Energy Adjustment Charge based upon the Energy Cost Adjustment (“ECA”) billed to the utility by the wholesale provider. Costs will be divided by the total kWh billed to the City customers and then applied to customer bills based on the number kWh’s used by the customer for the billing month.

(Ord. 860; Code 2018)

Rates for commercial and small power service shall be provided in Schedule CSP-2014.

Electricity shall be provided to all territory served by the city. Electric service shall be supplied to one customer conducting a gainful enterprise, through one meter. Service shall be for exclusive use of one customer and is not to be resold or shared with others.

(Ord. 759, Code 2003)

Commercial and small power service shall be alternating current, approximately 60 cycles, single phase or three phase, 120/240 volts, 4-wire delta, 120/208 volts, 4-wire wye, 240 volts, 3-wire delta, or at voltage and phase the city has available for service required.

(Ord. 759, Code 2003)

There shall be a minimum charge of $12.33 per month, for which customer may use up to and including 85 kW/h.

Electric Usage Rate: In addition to the minimum charge, a monthly rate of $0.1295 per kW/h used by the customer shall be charged to the customer.

Energy Adjustment Charge: Customers will be billed an Energy Adjustment Charge based upon the Energy Cost Adjustment (“ECA”) billed to the utility by the wholesale provider. Costs will be divided by the total kWh billed to the City customers and then applied to customer bills based on the number kWh’s used by the customer for the billing month.

(Ord. 759; Code 2003; Ord. 816; Ord.860; Code 2018)

All electric charges shall be paid upon bills rendered for the purpose and shall be due and payable at the city clerk’s office on or before the first day of the succeeding month and shall be delinquent if not paid by the 10th of the month. If any user shall fail or neglect to pay such bill in full on or before the time a late charge equal to five percent of the bill shall be added thereto and collected by the city clerk from the user.

(Ord. 587)

A delinquency and termination notice shall be issued one (1) day after a bill is delinquent. The delinquency and termination notice shall provide the customer of record with the following information:

(a)   The amount due on the unpaid balance;

(b)   The customer’s right to a hearing before the department;

(c)   Notice that service will be terminated on the 20th day of the month if the bill remains unpaid.

If the customer of record is not the occupant where electrical service is provided, then the department shall provide similar notification to the occupant. The request for a hearing must be no later than three (3) working days before the date of discontinuance. Such hearings will be conducted by the city administrator or the city clerk. Authorization is given to discontinue and disconnect electrical service for any customer who shall be delinquent in the payment of bills. Customers are responsible for furnishing the department with their correct address for billing purposes.

(Ord. 521; Ord. 881; Code 2018)

A $25 fee will be charged for all non-emergency meter sets after hours.

(Code 2003)

Pursuant to the authority of K.S.A. 66-1,184, the city is hereby authorized to enter into a contract with the city customers wishing to attach or connect the customer’s electrical energy producing system with the city’s electrical energy producing system providing the contract does not exceed the authority granted by K.S.A. 66-1,184 and provided the contract contains the protective provisions and restrictions required by K.S.A. 66-1,184.

(K.S.A. 66-1,184; Ord. 579)

If the customer with an electrical energy producing system qualifies as a small power producer or co-generator as defined by applicable laws and/or regulatory authorities having jurisdiction, and produces energy delivered into the city’s system, the energy shall be paid for as specified in a special electrical service agreement with the city.

(K.S.A. 66-1,184; Ord. 579)

Before the customer with an electrical energy producing system shall attach or connect the customer’s system to the city’s electrical utility system, the customer and the city shall agree on operating procedures, control, and protective devices which shall be installed at the customer’s expense and as may be necessary to protect the customer’s and the city’s equipment and service. The customer shall construct sufficient enclosure and exhaust muffing on the customer’s generating equipment so as to reduce the noise emanating from the generating equipment to a level of 70 decibels as measured at the closest property line of the customer from the generator enclosure. The customer shall further comply with all the procedures, protective devices, and metering provisions of K.S.A. 66-1,184.

In the event the customer desires not to supply power into the city’s system, the customer shall not install meters to register any unintentional or incidental flow into the city’s system. The city shall install ratchets or equivalent devices on its meters to prevent reverse registration.

The city reserves the right to make appropriate modifications to the demand charge and billing demand provisions should the city’s power supplier institute a ratchet provision, or otherwise modify the demand charges, in its wholesale purchase power rate.

(K.S.A. 66-1,184; Ord. 579)