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Chapter 700: GENERAL PROVISIONS

Section 700.010.  Mayor to Supervise Municipal Utilities. [CC 1984 §110.010; Ord. No. 870 §1, 3-9-2004]

The Mayor shall supervise all municipal utilities and shall be empowered himself/herself or by a designated employee to conduct any meeting or hearings with users of municipal services pursuant to this Chapter. The Mayor shall not override the Collector's duties per disconnection for failure of payment. 

Section 700.020.  City Utilities, Defined. [CC 1984 §110.020] 

 A.     "City utilities" shall consist of the following: 
  1.       The City water utility. 
  2.       The City sewer utility. 
  3.       The City electric utility.     

Section 700.030.  Limitation of Liability. [CC 1984 §110.030]

The City shall furnish utility service from any of its utilities to customers only upon the expressed conditions precedent that the City will not be liable to consumer or other person for any inconvenience, delay, injury, loss or damage whatsoever, occurring by reason of derangements, stoppage, leak, fault or negligent construction or operation of any of the utility equipment apparatus, distribution means, pipes or lines, or by reason of the temporary shutting off of any of the utility service to clear or repair the same or for any other purpose, or by reason of the scarcity or insufficiency of the particular utility service supply, or the character or condition of the water or electricity supply, or by reason of the clogging or freezing of the mains or service pipes, or the disruptions of distribution due to weather or other acts of God; nor shall the City be liable for the expense of repair of any service, pipes, mains or lines not owned by the City. The City reserves the right at any time to restrict the use of any utility service for any and all purposes. The Mayor may, if he/she determines it necessary, impose a system of rationing or otherwise restrict the delivery of any or all utility services to a consumer. 

Section 700.035.  Administrative Fee for Utility Departments. [Ord. No. 782 §I, 6-30-2001; Ord. No. 10-991 §1, 8-10-2011]

The City Clerk shall collect and pay into the common fund of the City of La Plata semi-annually up to nine percent (9%) of the revenue collections for electrical municipal and industrial sales, water sales, sewer charges and golf revenues as reimbursement for administrative services and costs provided by the City as directed by the City budget. 

Section 700.040.  Duties of City Collector, Generally. [CC 1984 §110.040]

The City Collector shall register all applications for the supply of any utility service, keep a full and accurate account of all utility services provided, promptly collect all utility charges and pay the same to the Treasurer and report to the Board of Aldermen monthly all monies received. 

Section 700.045.  Payment in Lieu of Taxes. [Ord. No. 783 §I, 6-30-2001; Ord. No. 10-989 §1, 8-9-2011]

In lieu of taxes, the City Clerk shall collect and pay into the common fund of the City of La Plata semi-annually up to five percent (5)% of the revenue collections for electrical municipal and industrial sales, water sales, sewer charges and golf revenues as reimbursement for administrative services and costs provided by the City as directed by the City budget. 

Section 700.050.  Application for Service Connections. [CC 1984 §110.050; Ord. No. 800 §§1 — 2, 11-13-2001; Ord. No. 12-904 §1, 5-11-2005]

The rules and regulations along with the customer information sheet and application for utility service to be administered by the City Collector upon approval of the City of La Plata Board of Aldermen. 

Section 700.060.  Utility Deposits and Reconnect Charges. [CC 1984 §110.060; Ord. No. 662 §I, 4-12-1994; Ord. No. 800 §§3 — 4, 11-13-2001; Ord. No. 836 §1, 10-22-2002; Ord. No. 12-904 §1, 5-11-2005; Ord. No. 07-959 §1, 7-15-2008] 

  A.   Deposits. The following deposits are required before connection of utilities:
  A.   Residential electric meter deposit: $200.00.
  A.   Residential water meter deposit: $150.00.
  A.   Commercial electric meter deposit: $250.00.
  A.   Commercial water meter deposit: $200.00. 
  B.   The rules and regulations along with the customer information sheet and application for utility service to be administered by the City Collector upon approval of the City of La Plata Board of Aldermen.   

Section 700.065.  After Hours Fee. [Ord. No. 840 §1, 12-10-2002]

Any customer who has a utility problem and calls after normal hours, weekends or holidays shall be subject to a call out fee based upon actual cost incurred to City of La Plata if the call out problem is shown to be a problem upon the customer's side of the utility. 

Section 700.070.  Meters Required. [CC 1984 §110.080] 

 A.    All water and electricity supplied by any City utility service shall be charged for the same in accordance with the registration of the meters installed by the City to record such provisions of service, and charge shall be made in accordance with the registration of such meters and the rates established under this Chapter and all bills will be collected therefor in full (less such rate of discount as is available to all users of water and electric services for prompt payment); provided that when any such meter by actual test as provided for in this Chapter is found to be imperfect and fast in measurement of the service by more than two percent (2%), the cost of the excess amount of services as represented by the imperfection of such meter shall be deducted from the total amount of the bill for the meter reading period for which such bill is rendered. 
 B.    Employees of any municipal utility may at any time and with or without the knowledge or consent of any consumer, install an additional meter at any location where such meter may be connected into the service to any building, dwelling house or premises of any kind to which the City is furnishing utility service, and when such meter shall for any period register more utilities than are registered by the meter on the premises of the consumer, it shall be taken as evidence that the service being furnished to such consumer is not being properly metered by the first (1st) meter on the consumer's premises, and the consumer shall pay for all utilities registered over any period by the second (2nd) or additional meter so installed, instead of the amount that has been improperly registered by his/her regular meter. 
 C.    All electric meters furnished by the City shall remain the property of the City, and City employees shall at all times have access to replace or remove any meters or accessories or other property of the City. The City may furnish an outdoor meter box or receptacle by which the meter may be attached to a conduit. Consumers shall provide space on the outside of the building to which the electric service is furnished, for the attaching of such box or receptacle, in a place easily accessible to the meter reader and approved by the Mayor, and the consumer shall install conduit and wires connecting such box or receptacle with the junction service box which serves the wiring in the building or premises.   

Section 700.080.  Meter Tests. [CC 1984 §110.090; Ord. No. 07-932 §1, 5-9-2007] 

 A.    Should any customer desire to challenge the accuracy of any meter supplied by the City, he/she may do so on request and payment of an inspection fee. Inspection fee shall be designed to cover the cost of testing the meter. This fee shall be set, from time to time, by the Mayor. Should the meter be found to be imperfect and fast in measurement of the service by more than two percent (2%), the cost of said new meter will be at City expense and said test shall be paid by the City and the inspection fee be refunded to the consumer. Should the test show the meter is correct in the margin of error of two percent (2%), the cost of the excess amount of services shall not be adjudged and the inspection fee shall be retained by the City. Should the inspection show that the meter is imperfect and slow in measurement of the service by more than two percent (2%), there shall be no adjustment of prior billings, the inspection fee will be retained by the City and the expenses for the new meter that was installed will be added to the following month's utility billing. 
 B.    No consumer shall require a test of any meter more than once in six (6) months. At the request of the consumer a written report showing the result of such test shall be given the consumer requesting the same.   

Section 700.090.  Utility Billing Procedures, Payment Deadline, Penalty, Final Notice and Reconnect Fees. [CC 1984 §110.100; Ord. No. 662 §II, 4-12-1994; Ord. No. 740 §§1 — 2, 7-20-2000] 

 A.    All City utility bills will be calculated and mailed to or otherwise delivered to the customer on or before the fifth (5th) day of each month and are due and payable in full on or before the twentieth (20th) day of each month. 
 B.    Payments not received on or before the twentieth (20th) day of such month shall be deemed delinquent and shall bear a late payment penalty equal to ten percent (10%) of the utility bill. Notice of such delinquency shall be mailed or otherwise delivered to the customer and shall inform the customer that failure to pay the utility bill and delinquency by 12:00 P.M. (Noon) on the last business day of the month will result in disconnection of utility services. 
 C.    All utility bills not paid by 12:00 P.M. (Noon) on the last business day of the month shall result in disconnection of utility services. 
 D.    All utility deposits previously made by the customer will be applied to the amount owing, including penalties and shall not prejudice the City's right to collect any balance otherwise payable to the City. 
 E.     Prior to reconnection and restoration of utility services after disconnection, the customer shall deposit a sum equal to all delinquent amounts then due, including penalties, together with reconnect charges and a new utility deposit. 
  F.    Customers voluntarily disconnecting utility services shall pay a reconnection fee upon re-establishing utility service.   

Section 700.095.  Discontinuance of Gas and Electric Utility Service During Hot Weather Periods. [Ord. No. 10-980 §1, 6-10-2010] 

 A.    During the period between June first (1st) and September thirtieth (30th), no residential customer shall be disconnected from electric or gas service for non-payment of bills, including all residential users of apartment buildings, when gas or electricity is used as the source of cooling or to operate the only cooling equipment at the residence, during the following occurrences: 
  1.       On any day when the National Weather Service local forecast between 6:00 A.M. and 9:00 P.M. for the following twenty-four (24) hours predicts that the temperature shall rise above ninety-five degrees Fahrenheit (95°F) or that the heat index shall rise above one hundred five degrees Fahrenheit (105°F); 
  2.       On any day when utility personnel are not available to reconnect utility service during the immediately succeeding day or days and the National Weather Service local forecast between 6:00 A.M. and 9:00 P.M. predicts that the temperature during the period of unavailability shall rise above ninety-five degrees Fahrenheit (95°F) or that the heat index shall rise above one hundred five degrees Fahrenheit (105°F); and 
  3.       In any other applicable hot weather situations as subsequently directed by the Board of Aldermen and provided for in rules established and amended by the Missouri Public Service Commission.     

Section 700.100.  Estimated Bills. [CC 1984 §110.110]

All bills for service charges furnished by the City may be estimated, when by reason of defect in or failure to read the appropriate meter or for any other reason, the monthly bill of the user or customer cannot be accurately determined. The City Collector shall make such estimate, considering the average consumption of the user over the previous twelve (12) months' period, considering the relative use of such utility service within the City as a whole for the period of time in question, and considering such other factors as the City Collector may deem appropriate. Such estimated bills shall be due and payable as are all other bills rendered under this Chapter. 

Section 700.110.  (Reserved) [1] 

Section 700.120.  Access to Private Premises. [CC 1984 §110.130]

The Mayor and the various persons employed by him/her in the line of duty shall at all reasonable hours have free access to all parts of any building, dwelling house or premises of any kind to which service is furnished, for the purpose of installing, examining or repairing or removing any poles, wires, meter or other material or appliances belonging to the City, or to read meters, turn on or cut off service, or for any other purpose that may be deemed essential for the preservation of such property, prevention of waste or collection of revenue. 

Section 700.130.  Emergencies. [CC 1984 §110.140] 

 A.    Whenever the Board of Aldermen shall determine that a State emergency exists with respect to the operations of any municipal utility, the Board may, by resolution, establish such emergency restrictions on the use of such utility as may seem reasonable and prudent under the circumstances. 
 B.    Any resolution adopted pursuant to Subsection (A) of this Section must establish the nature of the situation and the potential threat to life, health, safety and/or property which requires the emergency measures or restrictions. 
 C.    Any resolution adopted pursuant to Subsection (A) of this Section may be in full force and effect for a period not to exceed ninety (90) days. The resolution may or may not state period of effectiveness within this ninety (90) day period. If the emergency situation has not been abated within this ninety (90) day period subsequent resolutions may be adopted at the discretion of the Board of Aldermen. 
 D.    Upon publication of a resolution adopted pursuant to this Section 700.130, violations of the restrictions imposed by the resolution may be subjected to any or all of the following penalties to be imposed by the Municipal Court after a complaint and hearing: 
  1.       An order of the Municipal Court to comply with the restrictions imposed by the resolution. 
  2.       A fine not to exceed three hundred dollars ($300.00). 
  3.       The termination of the subject utility service.     

Section 700.140.  Net Metering Service And Electrical System Integration. [Ord. No. 16-03 § 1, 8-9-2016] 

  A.   Definitions. The following words or terms are, for purposes of this Section, defined as follows: 

AVOIDED FUEL COST — The amount of money that is credited to a customer-generator for electricity generated within a billing period that is in excess of the electricity delivered by the City. The credit will be at the current retail kilowatt-hour rate collected by the City at the time of billing. State Statute only requires a credit of the City's purchase price for electricity.  

CITY — The City of La Plata, Missouri.  

CUSTOMER-GENERATOR — A consumer of electric energy that purchases electric energy from the City and is the operator of a qualified generating and net metering facility.  

NET METERING — Measuring the difference between the electricity supplied by the City and the electricity generated by an eligible customer-generator and fed back to the electric grid over the applicable billing period.  

 B.    Availability of Service. Net metering service is available to any qualified customer that owns and operates a solar, wind, biomass generating facility, or hydrogen fuel cell with a capacity of not more than one hundred (100) kilowatts located on the customer's premises, is interconnected with and operates in parallel with the City's existing transmission and distribution facilities and is intended primarily to offset part or all of the customer's own electrical power requirements.  
  1.       Additional sources of renewable energy may be certified by the Missouri Department of Natural Resources and will be accepted by the City.   
  2.       All agreements hereunder are between the customer-generator and the City and shall not include a third party.   
 C.     Applicable Service Territory. Net metering and electrical system interconnection is available on a first-come, first-served basis in the distribution service territory of the City at any point on the existing facilities that have adequate capacity and suitable voltage for delivery of service until:  
  1.       The total rated generating capacity of all net metering systems on the City equals five percent (5%) of the City's single-hour peak load during the previous year; or  
  2.       The total rated generating capacity of approved new interconnection agreements during the calendar year equals or exceeds one percent (1%) of the City's single-hour peak load for the previous calendar year.   
  D.   Monthly Billing/Rates. The electric charge shall be computed in accordance with the monthly billing under the customer's effective standard rate schedule. Under this net metering Section, only the kilowatt-hour (kWh) units of a customer-generator's bill are affected.  
  1.       If the electricity supplied by the City exceeds the electricity generated by the customer-generator during the applicable billing period, the customer-generator shall be billed for the net billable kWh supplied by the City in accordance with the rates and charges under the City's standard rate schedule applicable to the customer.  
  2.       If the electricity generated by the customer-generator exceeds the electricity supplied by the City, the customer-generator shall be credited for the net value of the electric energy delivered to the City during the applicable billing period at the City's avoided fuel cost, with this credit appearing on the customer-generator's bill no later than the following billing period.  
  3.       Any credits granted will expire without compensation at the earlier of either twelve (12) months after issuance or when the customer-generater disconnects service or terminates the net metering agreement with the City.  
  4.       The avoided fuel cost is that amount determined by the Board of Aldermen, as outlined in Section 386.890.2(1), RSMo.   
  E.    Transfer Of Ownership. Upon change in ownership of the qualified unit, or of the premises on which the unit is located, the new customer-generator shall file a new application and signed interconnection agreement with the City for net metering. 
  F.    Special Conditions. The customer-generator must have the following:  
  1.       An approved application for net metering, available at City Hall.  
  2.       A signed and completed interconnection application/agreement with the City, available at City Hall.  
  3.       A signed certificate of completion prior to interconnecting, available at City Hall.  
  4.       A generation facility with a rated capacity of ten (10) kilowatts (kW) or less shall not be required to carry liability insurance. However, a customer-generator shall have legal liabilities not covered under its existing insurance policy in the event of the customer generator's negligence or other wrongful conduct that causes personal injury (including death), damage to property, or other actions or claims.  
  5.       Meet all applicable safety and performance standards established by the National Electric Safety Code, the National Electric Code, the Institute of Electrical Electronic Engineers, the Federal Energy Regulatory Commission, and Underwriters Laboratory.  
  6.       The customer-generator is responsible for all costs associated with its generating facility and all costs, including engineering review costs, related to any modifications to the facility that may be required by the City for the purposes of safety and reliability.  
  7.       The customer-generator shall install an external alternating current (AC) disconnect switch within six (6) feet of the City's electric meter that is freely accessible to City personnel. The switch shall be capable of being locked in the open position and prevent the generator from supplying power to the electrical distribution system while in the open position.  
  8.       Protective equipment designed to automatically disconnect from the City's electric system upon voltage, voltage fluctuation beyond plus or minus ten percent (10%) frequency fluctuation plus or minus two (2) cycles (2 Hertz), and/or fault current conditions and remain disconnected until any or all faults have been stabilized.  
  9.       The customer-generator must provide the City reasonable opportunity to inspect the generation facility prior to its interconnection and operation date and to witness the initial testing of the facility.   
  G.   Required Testing. At least once every year, the customer-generator shall conduct a test to confirm that the generation facility automatically ceases to energize the output within two (2) seconds of being disconnected from the electrical distribution system. The City must be allowed to inspect the test. 
   H.  Right To Disconnect Generation Facility. The City shall have the right and authority to isolate the generation facility at the City's sole discretion if the City believes that any of the following have occurred or are occurring:  
  1.       Adverse electrical effects imposed on the electric distribution system and/or the electrical equipment of other customers attributed to the generation facility.  
  2.       Electric distribution system emergencies or maintenance requirements.  
  3.       Hazardous conditions existing on the electric distribution system as a result of the operation of the generation facility or protective equipment.  
  4.       Failure of the customer-generator to maintain required insurance filed with the City annually.   
  5.       Identification of uninspected or unapproved equipment or modifications to the generation facility after initial approval.  
  6.       The customer-generator fails to perform and allow City witness to annual testing.  
  7.       Recurring abnormal operation, substandard operation, or inadequate maintenance of the generation facility.  
  8.       Failure to pay monthly utility bill.  
  9.       In the event that the City isolates the generation facility for routine maintenance, the City shall make reasonable efforts to reconnect the generation facility in a timely manner.  
  10.     The customer-generator retains the option to temporarily disconnect the generation facility from the electrical distribution system at any time. Such temporary disconnection shall not constitute termination of the interconnection agreement unless the customer-generator exercises its termination rights by signing off at City Hall.   
  I.   Limitation Of Liability And Indemnification. Absent of clear and convincing evidence of fault on the part of the City, the City cannot be held liable for any action or cause of action relating to any damages to property or persons caused by a generation facility or the interconnection thereof pursuant to Section 386.890.11, RSMo., Supp. 2008. The customer-generator shall assume all liability for and shall indemnify the City for any claims, losses, costs, and expenses of any kind or character to the extent that they result from the design, construction, or operation of a generation facility. Such indemnity shall include, but is not limited to, financial responsibility for:  
  1.       The City's monetary losses.  
  2.       Reasonable costs and expenses of defending an action or claim made by a third party.