Chapter 13.05
ELECTRIC UTILITY
Sections:
13.05.010 Application for service.
13.05.050 Interruptions and outages.
13.05.060 Metering provisions.
13.05.070 Customer’s responsibility.
13.05.080 Unauthorized attachment prohibited.
13.05.090 Rules, regulations, rate schedule.
13.05.010 Application for service.
All persons desiring electric service are required to make certain advance arrangements for this service. Every person applying for electrical service from the City shall sign an application at the City Hall at Monmouth, Oregon, on a written form to be furnished by the City. (Ord. 455, § 1; amended by Ord. 846, § 1, Dec. 19, 1978; Ord. 1082, § 2, July 5, 1994. Code 1983 § 70.210.)
13.05.020 Service charge.
Whenever there is a change of occupancy at an established service address, connection of service to the new occupant shall be accompanied by a nonrefundable service charge, with the following exceptions:
(1) On a new service, the building will not have to pay the charge, only the first tenant or owner, and each change of occupants thereafter will be subject to the charge;
(2) When an apartment has been readout only and service has been automatically put in the owner’s name;
(3) Changes in the customer name only.
The City shall establish service charges by resolution. A higher service charge shall be charged for service connections made outside of regular working hours than for service connections made during regular working hours. (Ord. 455, § 2; amended by Ord. 846, § 1, Dec. 19, 1978. Code 1983 § 70.220.)
13.05.030 Rights-of-way.
The City shall be granted, at no cost, all rights-of-way and easements necessary to serve a customer, overhead or underground, which shall include a minimum five-foot easement around the two sides and back of the customer’s property, for installation, maintenance repairs, replacements, and removal of all equipment needed to supply and deliver electric service to the customers. The City’s employees shall have access to its equipment at all reasonable times for the purpose of reading meters, and testing, repairing or replacing any equipment which is the property of the City. (Ord. 698, § 2; amended by Ord. 846, § 1, Dec. 19, 1978. Code 1983 § 70.240.)
13.05.040 Resale of energy.
(1) City rate schedules for electrical service cover the sale of electrical energy for the sole and exclusive use of the customer.
(2) Except as provided in subsection (3) of this section, a customer may not resell electrical energy supplied by the City unless expressly authorized in writing.
(3) Electrical energy supplied by the City may be resold, with a markup, by a commercial seller through a commercially owned and operated electric vehicle charging station to charge an electric vehicle. (Ord. 455, § 5; amended by Ord. 846, § 1, Dec. 19, 1978; Ord. 1415 § 1, September 17, 2024. Code 1983 § 70.340.)
13.05.050 Interruptions and outages.
(1) The City will exercise reasonable diligence in supplying satisfactory and continuous electric service, but cannot and does not guarantee a constant and uninterrupted supply of energy. Whenever necessary for the purpose of making repairs or improvements to its system, the City shall have the right to temporarily suspend the delivery of electrical energy but, in such case, the City will give reasonable notice if circumstances permit.
(2) The City shall not be liable for any damage, or claim of damage, attributable to any interruption or outage of electric service. (Ord. 846, § 1, Dec. 19, 1978; amended by Ord. 1082, § 3, July 5, 1994. Code 1983 § 70.370.)
13.05.060 Metering provisions.
(1) Billing Records. An official account will be kept on the records of the City of all meter readings and such account, so kept, shall be accepted and received at all times and places, and in courts, as prima facie evidence of the use of electrical energy by the customer and shall be the basis on which all bills are calculated, except for those customers having unmetered service.
(2) Point of Delivery. The point of delivery is that point on a customer’s premises or public right-of-way designated by the City and agreed to by the customer where the City facilities and those of the customer are connected. All of the equipment on the customer’s side shall belong to and be the responsibility of the customer, except meters and metering equipment and any other equipment provided by the City. Each self-contained living unit (a unit containing private sleeping, cooking, and restroom facilities) shall have an individual meter. (Ord. 455, § 10; amended by Ord. 846, § 1, Dec. 19, 1978; Ord. 1082, July 5, 1994; subsections (2), (4), and (5) repealed by Ord. 1082, July 5, 1994. Code 1983 § 70.410.)
13.05.070 Customer’s responsibility.
(1) For City Property. The customer shall take all reasonable and proper precautions to prevent damage to City property and facilities on his premises. In the event that the property of the City is damaged because of the customer’s negligence, the City may collect from the customer the cost of repairs or replacements. Permission must be obtained from the City before any equipment or material of any description may be attached to any utility pole, guy wire, electrical equipment, or other property of the City.
(2) All meters, wires and other facilities or equipment furnished and installed by the City at its expense, within or on the customer’s premises shall be, and remain, the property of the City and may be removed by the City upon discontinuance of service. (Ord. 455, § 15; amended by Ord. 846, § 1, Dec. 19, 1978; subsections (1), (3) through (6) repealed by Ord. 1082, July 5, 1994. Code 1983 § 70.420.)
13.05.080 Unauthorized attachment prohibited.
Written permission must be obtained from the City before any equipment or material of any description may be attached to any utility pole, guy wire, electrical equipment, hardware or other property. (Ord. 846, § 1, Dec. 19, 1978. Code 1983 § 70.710.)
13.05.090 Rules, regulations, rate schedule.
(1) The provisions of the Monmouth City Code dealing with electric utilities may be supplemented by rules and regulations adopted by resolution of the City Council. The rules and regulations may be amended by resolution of the City Council.
(2) The amount of any rate or charge for service referred to herein or in the supplemental rules and regulations dealing with electric utilities shall be stated in a rate schedule set by resolution of the City Council. (Ord. 846, § 1, Dec. 19, 1978; amended by Ord. 1082, July 5, 1994. Code 1983 § 70.720.)
13.05.100 Enforcement.
(1) Commission of any act specifically prohibited herein or in any supplemental rules and regulations adopted by the City Council is punishable, upon conviction, by a fine of not to exceed $250.00. Each day a violation continues shall constitute a separate offense.
(2) Any provision herein or in any supplemental rules and regulations adopted by the City Council may be enforced by proceedings for abatement or injunction in the Monmouth Municipal Court, which such proceedings shall not constitute a penalty but shall be in addition to any penalty imposed hereunder. (Ord. 846, § 1, Dec. 19, 1978; amended by Ord. 943, § 2, June 5, 1984; Ord. 1046, § 23, Dec. 10, 1991; Ord. 1082, July 5, 1994. Code 1983 § 70.895.)