§ 78-93. Rate schedules; service rules; regulations.

(a)

Rate schedule. The schedule of natural gas rates shall be as fixed from time to time by the mayor and council and on file in the office of the city clerk.

(b)

Application for natural gas service. The consumer shall make application for natural gas service, in person, at the city hall and at the same time shall make a cash security deposit for natural gas service service. The cash security deposit shall be as fixed from time to time by the mayor and council and on file in the office of the city clerk.

(c)

Charges for initial natural gas service. Each consumer subscribing to use the natural gas service of the city shall pay a connection fee for each natural gas connection that shall be as fixed from time to time by the mayor and council and on file in the office of the city clerk.

(d)

Minimum charges. The minimum charge, as provided in the rate schedule, shall be made for such connection subscribed for. Natural gas furnished for a given lot shall be used on that lot.

(e)

City's responsibility and liability. The city shall run a service line from its distribution line to the property where the distribution line exist or is to be constructed, and runs immediately adjacent and parallel to the property to be served. No service charge, other than the connection fee referred to in subsection (c), will be made for a 250 Btu per hour meter. A proportionately greater charge than the connection fee above will be made for a meter of larger dimensions.

(1)

The city may make connections to service other properties not adjacent to its lines upon payment of reasonable costs for the extensions of its distribution lines as may be required to render such service.

(2)

Under normal conditions the consumer will be notified of any anticipated interruptions of service by the city.

(f)

Consumer's responsibility and liability.

(1)

Where meter is placed on the premises of a consumer, a suitable place shall be provided by the consumer therefore, unobstructed and accessible at all times to the meter reader.

(2)

The consumer shall furnish and maintain a private cut-off valve on the consumer's side of the meter.

(3)

The consumers piping and apparatus shall be installed and maintained by the consumer at the consumer's expense, in a safe and efficient manner, and in accordance with the Standard Gas Code and other applicable natural gas regulations.

(g)

Access to premises and extensions of system.

(1)

Duly authorized agents of the city shall have access at all hours to the premises of the consumer for the purpose of installing or removing city property, inspecting piping, reading and testing meters, or for any other purpose in connection with the natural gas service and its facilities.

(2)

Extensions to the system shall be made only when the consumer shall grant or convey, or shall cause to be granted or conveyed, to the city a permanent easement of right-of-way across and property traversed by the natural gas lines.

(h)

Change of occupancy. Not less than three days' notice must be given, in person or in writing, at the city hall to discontinue natural gas service or to change occupancy. The outgoing party shall be responsible for all natural gas consumed up to the time of departure or the time specified for departure, whichever period is longer. The new occupant shall apply for natural gas service within 48 hours after occupying the premises and failure to do so will make him liable for paying the natural gas consumed since the last meter reading.

(i)

Meter reading; billings; collecting.

(1)

Bills to customers for natural gas service shall be mailed out on such day or days of each month as may be determined as desirable by the city. Bills shall be paid at the city hall and a failure to receive bills or notices shall not prevent such bills from becoming delinquent nor relieve the consumer from payment of such bills. The failure of natural gas users to pay charges duly imposed shall result in the automatic imposition of the following penalties:

a.

Nonpayment within ten days from the due date will be subject to a penalty of ten percent of the delinquent account.

b.

Nonpayment within 20 days from the due date will result in the natural gas service being shut off from the natural gas user's property.

c.

Nonpayment within 60 days after original date will allow the city, in addition to all other rights and remedies, to terminate agreement, and in such event, the natural gas user shall not be entitled to receive, nor the city be obligated to supply, any natural gas under this agreement.

(2)

Service discontinued for nonpayment of bills will be restored only after bills are paid in full, such security deposit as may be required by the city council is made, and a service charge paid for each meter reconnected. The service charge shall be as fixed from time to time by the mayor and council and on file in the office of the city clerk.

(j)

Suspension of service. When natural gas service is discontinued and all bills paid, the security deposit shall be refunded to the consumer by the city.

(1)

Upon discontinuance of service for nonpayment of bills, the security deposit shall be applied by the city toward settlement of the account. Any balance will be refunded to the consumer; however, if the security deposit is insufficient to cover the bill, the city may proceed to collect the balance in the usual way provided by law for collection debts.

(2)

The city reserves a right to discontinue its service without notice for the following additional reasons:

a.

To prevent fraud or abuse.

b.

Consumer's willful disregard of the city's rules.

c.

Emergency repairs.

d.

Insufficiency of natural gas supply due to circumstances beyond the city's control.

e.

Legal processes.

f.

Direction of public authorities.

g.

Strike, riot, fire, flood, unavoidable accident.

(k)

Complaints; adjustments. If the consumer believes his bill to be in error, he shall present his claim, in person, at the city hall before the bill becomes delinquent. Such claim, if made after the bill has become delinquent, shall not be effective in preventing discontinuance of service as heretofore provided. The consumer may pay such bill under protest and such payment shall not prejudice his claim.

(1)

The city will make a special natural gas meter reading at the request of a consumer for a fee, provided, however, that if such special reading discloses that the meter was over-read, no charge will be made. The fee shall be as fixed from time to time by the mayor and council and on file in the office of the city clerk.

(2)

Natural gas meters will be tested at the request of the consumer upon payment to the city of the actual costs of making the test, provided, however, that if the meter is found to over-register beyond three percent of the correct volume, no charge will be made.

(3)

If the seal of a meter is broken by other than the city's representative or if the meter fails to register correctly or is stopped for any cause, the consumer shall pay an amount estimated from the record of his previous bills and/or from other proper data.

(Code 1982, § 12-103; Ord. of 6-6-2005, §§ I—XI; Ord. of 2-22-2006(2), §§ I—XI)