Chapter 13.15 POWER AND GAS

There is hereby created the division of energy of Eagle Mountain City, which shall be managed as provided herein. [Ord. O-01-2004 § 1 (Exh. A § 3.1); Ord. 002 § 1 (Exh. A § 3.01)].

13.15.020 Appointment of director of division of energy.

Deleted during 2008 codification. [Ord. O-01-2004 § 1 (Exh. A § 3.2); Ord. 002 § 1 (Exh. A § 3.02)].

13.15.030 Duties of director.

The director shall have the charge of the energy division and all property of the city used by the division. The director shall manage effectively the property and system of the city division of energy. [Ord. O-01-2004 § 1 (Exh. A § 3.3); Ord. 002 § 1 (Exh. A § 3.03)].

13.15.040 Business license – Required.

Deleted during 2008 codification. [Ord. O-01-2004 § 1 (Exh. A § 3.4); Ord. 002 § 1 (Exh. A § 3.04)].

13.15.050 Business license – Application.

Deleted during 2008 codification. [Ord. O-01-2004 § 1 (Exh. A § 3.5); Ord. 002 § 1 (Exh. A § 3.05)].

13.15.060 Fees.

Deleted during 2008 codification. [Ord. O-01-2004 § 1 (Exh. A § 3.6); Ord. 002 § 1 (Exh. A § 3.06)].

13.15.070 Business license – Expiration – Renewal.

Deleted during 2008 codification. [Ord. O-01-2004 § 1 (Exh. A § 3.7); Ord. 002 § 1 (Exh. A § 3.07].

13.15.080 Business license – Revocation.

Deleted during 2008 codification. [Ord. O-01-2004 § 1 (Exh. A § 3.8); Ord. 002 § 1 (Exh. A § 3.08)].

13.15.090 Electrical wiring and natural gas line inspector.

The city will retain a qualified electrical and natural gas line inspector, who shall perform all the duties required of that officer by the ordinances of the city.

It shall be the duty of the electrical inspector to inspect and supervise the construction, installation, and repairs of all electric distribution power lines in the city, except as hereinafter provided.

It shall be the duty of the natural gas inspector to inspect and supervise the construction, installation, and repairs on all natural gas lines in the city, except as hereinafter provided.

It shall be the duty of the said inspector to inspect any and all work for which permits have been issued, when practical after notice by the contractor that the work is ready for inspection. The inspector shall indicate the results of the inspection by a tag or label, explaining items that need to be done, or if in serviceable and reliable condition, so indicate by dating and signing of appropriate inspection. [Ord. O-01-2004 § 1 (Exh. A § 3.9); Ord. 002 § 1 (Exh. A § 3.09)].

13.15.100 Specifications.

A. Each residential unit in an apartment house or building designed for two or more dwellings or otherwise shall be provided with an independently metered electrical and natural gas service in a readily accessible location. The electrical meter base and natural gas meter and regulator shall be on the outside of the building in the location approved by the city.

B. Underground electrical service (600 volts or less) conduit is to be installed by city from meter base to transformer or secondary splice box. Minimum buried depth is 24 inches in minimum PVC (schedule 40) duct of two inches minimum with a pull string installed in the duct. See “Electrical Construction Standards and Materials.”

C. Underground natural gas service (three-fourths-inch polyethylene with pressures less than one psi) is to be installed by the city from the regulator and natural gas meter to the specified location for connection. Minimum buried depth is 24 inches. See “Natural Gas Construction Standards and Materials.”

D. For an individual residence (nonsubdivision) the underground wire will be provided by the city. The city will be responsible for the trenching and the conduit. The city personnel will pull in the wire and make connections.

E. Electrical meter base and natural gas meter/regulator or service location will be located by the city energy division and installed by the building contractor.

F. All new electrical single phase construction (200 amps or less) is required to have an electrical service main disconnecting means on the outside of each residence.

G. Metering services enclosed by additions to previous structures will be required to be relocated on the outside of such addition in an accessible location, or the homeowner may install remote metering. The cost of installing remote metering shall be borne by the homeowner.

H. The city will not be responsible for or required to repair any faulty device beyond the point of attachment of the original installation. [Amended during 2008 codification; Ord. O-01-2004 § 1 (Exh. A § 3.10); Ord. 002 § 1 (Exh. A § 3.10)].

13.15.110 Subdivision distribution requirements.

There is hereby levied a comprehensive fee to cover the expenses incurred to extend any and all high voltage distribution and natural gas main service lines for the electrical servicing of a particular building, residence, or subdivision. This fee is levied to cover initial expenditures to supply any and all energy requirements for annexations and building sites not previously having been served. The power and natural gas line extension fee will also be levied when an existing high voltage or natural gas line is not adequate to supply requirements of new construction or development. It will be the developer’s responsibility to pay all costs incurred for these extensions. Any extensions that involve existing high voltage or pressure lines that are presently energized will be upgraded by the city at the developer’s expense. Such fees will be set by resolution.

The division of energy hereby sets specification standards and guidelines for the underground electrical and natural gas distribution systems of all subdivisions in Eagle Mountain, Utah. See “Electrical Construction Standards and Materials” and “Natural Gas Construction Standards and Materials.”

A. High voltage electrical and high pressure natural gas distribution systems in subdivisions will be loop connected where advantageous and be connected in a balanced three-phase network or to larger diameter natural gas lines, if practical, as determined by the energy director.

B. All high voltage electrical and high pressure natural gas distribution systems in subdivisions will be installed according to design and layout prepared by Eagle Mountain energy and provided to the developer. An as-built map of the electrical distribution system and natural gas distribution system shall be submitted to the division of energy after installation.

C. All electrical distribution, primary and secondary systems are to be installed in a PVC duct (schedule 40) network as noted on the design and layout. The developer shall provide all trench, backfilling and PVC duct network. All facilities must be inspected before backfilling.

D. All natural gas line distribution systems within subdivisions are to be installed in polyethylene and as noted on the drawings. All trench and backfill shall be provided by developer. The city shall install all natural gas line systems and these costs are to be paid by the developer.

E. All costs incurred for extension of new service, including labor and material, will be paid by the developer. The city will provide labor and material for cable installation, terminating primary and secondary electrical connections and installing all natural gas lines and appendages. The contractor will pay all costs associated with any line extensions involving live electrical primary cables and pressurized natural gas lines.

F. Estimated material and labor charges are to be bonded prior to installation.

G. The city shall install and energize or pressurize the electrical and natural gas distribution systems. All installations must be inspected and approved prior to burial of underground systems. All materials are to meet or exceed the specifications of the “Electrical Construction Standards and Materials” and “Natural Gas Construction Standards and Materials” as established by the city.

H. Final grade shall be established for the placement of transformers, secondary splice boxes, natural gas regulators and meters and any other necessary equipment. Costs incurred as a result of a grade change such as transformer realignment or gas meter/regulator alignment shall be borne by the subdivider/developer.

I. Individual residences within the subdivision will be responsible to install the meter main disconnect (rigid pipe and sweep 90 feet) according to the original design and layout.

J. Damaged equipment and material as a result of carelessness by equipment operators or a dig-in to electrical cable will be repaired at the expense of the responsible party.

K. All temporary power stations that are located on the housing foundations shall be provided permanent power upon final completion and inspection of residence. The temporary power stations are to be affixed permanently either by pouring the section of rigid conduit to which they are attached directly in the concrete foundation or anchoring to the concrete foundation. Meter bases must also be supported.

L. All electrical meter bases are to be set at four feet six inches to six feet (center of meter socket) above permanent grade and all natural gas meters/regulators are to be placed at least five feet from the electrical meter box. Both are to be spotted by an agent of the energy division.

M. All garages, shops, or any other building on property already receiving services from the city requesting an additional power drop for garage or other said building will be required to pay applicable connection fees as per city council resolution.

N. All street lighting (gas lighting, natural gas street lighting) in subdivisions shall be installed by the subdivider according to city specifications, when required. [Amended during 2008 codification; Ord. O-01-2004 § 1 (Exh. A § 3.11); Ord. 002 § 1 (Exh. A § 3.11)].

13.15.120 Inspection – Certificate.

Upon application for inspection of any electrical or natural gas distribution system as hereinafter provided, the said inspector shall, after inspection and examination, issue a certificate showing the result of such examination and any corrections in said work necessary to be made. [Ord. O-01-2004 § 1 (Exh. A § 3.12); Ord. 002 § 1 (Exh. A § 3.12)].

13.15.130 Unlawful installation – Disconnection.

If said inspector shall find any part of any electric or natural gas distribution system to have been installed without permit, or installed not in accordance with the provisions of this article or to be dangerous to life and property, the inspector shall have the right and power to disconnect such defective work and shall at the same time give written notice of such disconnection. [Ord. O-01-2004 § 1 (Exh. A § 3.13); Ord. 002 § 1 (Exh. A § 3.13)].

13.15.140 Use of disconnected wiring prohibited.

It shall be unlawful for any person to use any electrical power or natural gas in, through, or by means of such disconnected distribution wiring. [Ord. O-01-2004 § 1 (Exh. A § 3.14); Ord. 002 § 1 (Exh. A § 3.14)].

13.15.150 Contracting electrical or natural gas – License – Defined.

It shall be unlawful for any person to engage in, commence, conduct or carry on a business of contracting electrical or natural gas without first obtaining a license to do so. “Contracting electrical or natural gas” shall be defined as any person who installs any electrical or natural gas distribution systems, installing lights or other electrical or natural gas work for a stipulated amount or under contract. All contractors shall be licensed by the state of Utah to perform contract work. [Ord. O-01-2004 § 1 (Exh. A § 3.15); Ord. 002 § 1 (Exh. A § 3.15)].

13.15.160 Permit application.

In order to secure a permit for the installation of electrical distribution system wiring, a written application shall be made to the city, and the applicant shall pay the required fee in advance of the work. [Ord. O-01-2004 § 1 (Exh. A § 3.16); Ord. 002 § 1 (Exh. A § 3.16)].

13.15.170 Rules governing installation – Electrical.

All electrical installations shall be in conformity with the rules and requirements of the latest edition of the National Electrical Safety Code and the National Electrical Code, and all fittings and materials used in such installations must be sanctioned in the list of electrical fittings published by the National Board of Fire Underwriters, which rules and requirements and lists are hereby made a part of this article. [Ord. O-01-2004 § 1 (Exh. A § 3.17); Ord. 002 § 1 (Exh. A § 3.17)].

13.15.180 Rules governing installation – Natural gas.

All natural gas installations shall be in conformity with the rules and requirements of the latest edition of the American Gas Association, the American National Standards Institute, the American Petroleum Institute and the American Welding Society, and all fittings and materials used in such installations must be sanctioned in the list of natural gas fittings published by the National Board of Fire Underwriters, which rules and requirements and lists are hereby made a part of this article. [Ord. O-01-2004 § 1 (Exh. A § 3.18); Ord. 002 § 1 (Exh. A § 3.18)].

13.15.190 Notification of inspection.

Upon the completion of the installation of any electrical wiring, it shall be the duty of the person doing the work to notify the city, who shall inspect the same, and if approved, there shall be issued a certificate of proper inspection which shall contain the date of such inspection and an outline of the result. It shall be unlawful for any person to turn on or connect such installation until such a certificate shall be issued. It shall also be unlawful to make any change, alteration, or extension in or to the installation of any electrical wiring after inspection, without notifying the city, and securing a permit to do so. [Ord. O-01-2004 § 1 (Exh. A § 3.19); Ord. 002 § 1 (Exh. A § 3.19)].

13.15.200 Right of entry.

The city power crews including inspector and meter reader shall have the right to enter any premises at all reasonable hours for the purpose of reading electrical meters or inspecting the electrical wiring. [Ord. O-01-2004 § 1 (Exh. A § 3.20); Ord. 002 § 1 (Exh. A § 3.20)].

13.15.210 Liability of city.

Nothing in this article shall be construed to relieve or absolve the responsibility of any person owning, operating or installing any electrical wires, fixtures, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein. Nor shall the city or any agent thereof be held liable by reason of the inspection authorized herein or the certificate of inspection issued by the city wiring inspector. [Ord. O-01-2004 § 1 (Exh. A § 3.21); Ord. 002 § 1 (Exh. A § 3.21)].

13.15.220 Code adopted.

A. The latest edition of the National Electrical Code compiled by the National Fire Protection Association, prepared and published in code form by said association, is hereby approved and adopted as the National Electrical Code and by this reference is made a part of this article to the same extent and effect as though said code was copied herein in full.

B. The latest edition of the National Electrical Safety Code compiled by the Institute of Electrical and Electronics Engineers, Inc., prepared and published in code form by said association, is hereby approved and adopted as the National Safety Code and by this reference is made a part of this article to the same extent and effect as though said code was copied herein in full. [Ord. O-01-2004 § 1 (Exh. A § 3.22); Ord. 002 § 1 (Exh. A § 3.22)].

13.15.230 Violation – Penalty.

The commission of any prohibited act or the violation of any of the required terms or conditions, or the omission of any required standard or act required by the National Safety Code adopted in this article is unlawful. [Ord. O-01-2004 § 1 (Exh. A § 3.23); Ord. 002 § 1 (Exh. A § 3.23)].

13.15.240 City council to adopt schedule of rates.

The city council of Eagle Mountain shall adopt by resolution a schedule of rates to cover the costs of extension, connection and consumption of electric power. [Ord. O-01-2004 § 1 (Exh. A § 3.24); Ord. 002 § 1 (Exh. A § 3.24)].

13.15.250 Application for service – Contents.

Every person desiring to obtain electrical service from the division shall make application in writing, stating the location of the house or building by street number desired to be given such services, and stating whether or not it is a residence or business. [Ord. O-01-2004 § 1 (Exh. A § 3.25); Ord. 002 § 1 (Exh. A § 3.25)].

13.15.260 Customer accounts.

All city electrical customer accounts are confidential and will not be given out to the general public. Electrical customers of the city may review their own accounts. Customers of the city may receive a written copy of their own account at the cost of producing account information. [Ord. O-01-2004 § 1 (Exh. A § 3.26); Ord. 002 § 1 (Exh. A § 3.26)].

13.15.270 Customer deposit – When required – Use.

The division of energy may, before making any new connection for power service, require the purchaser thereof to deposit a sum of money equal to the estimated consumption of said purchaser for a period of two months. Minimum deposits will be set by resolution.

A. Residential Deposit. Residential deposits will be refunded to homeowners after six consecutive months of full payments, made on or before the due date, and to mobile home owners after 12 consecutive months of full payments, made on or before the due date. Refund of deposit to rental units will be at the time of termination of power usage. If a purchaser is in default of payment for service for more than 45 days after due date, the division may discontinue service of said purchaser.

A consumer who believes that their bill is in error, or wishes to discuss or dispute the bill for any reason, may request and receive a hearing with the city treasurer prior to interruption of service.

In case a delinquent account is referred to the city attorney, a reasonable attorney’s fee and court costs must be paid by the defendant.

B. Commercial business deposit will not be required of an owner of a commercial business if a new account is being established by someone who currently has an active commercial account with the city for another business, and whose commercial account has been active and has not been in default for the past 24 months. The commercial establishment shall make a cash deposit or a surety bond deposit in place of a cash payment. The commercial customer will be responsible for all costs incurred for the bonding. If a purchaser is in default of payment for service more than 45 days after due, the division may discontinue service to said purchaser.

At the end of two years (on the anniversary date), the commercial customer may request the bond to be canceled or the deposit to be applied to his account. At the time of the request the account must have a zero balance. The city will not pay any interest on the deposit or any fees connected therein with the bond while being held. A deposit will be required on all new building accounts to be paid at the time when connection fees are being paid. [Ord. O-01-2004 § 1 (Exh. A § 3.27); Ord. 002 § 1 (Exh. A § 3.27)].

13.15.280 Credit – Discontinuing service.

No credit shall be extended to any residential customer of electricity from said system for a period of more than 45 days, or to any commercial business for a period of more than 45 days. Service will be shut off and discontinued if the full amount of the unpaid balance is not paid in full when due. If service has been discontinued because of nonpayment, it will not be restored until the payment of the delinquent account and current balance due is paid in full. An additional service charge is required by said customer if reconnection occurs during regular working hours, and an after-hour reconnection fee will be charged if said reconnection occurs other than during regular working hours. Fees will be set by resolution of the city council. (Once crews leave office the reconnection service charge is required.) [Ord. O-01-2004 § 1 (Exh. A § 3.28); Ord. 002 § 1 (Exh. A § 3.28)].

13.15.290 Meters – Installation – Testing.

The division of energy shall cause to be installed and maintained one meter per home or business for electricity and one meter/regulator for natural gas. All commercial businesses will be electrically metered on a demand basis and billed accordingly. Building additions will not be supplied from a separate meter or additional meter; existing metering must be modified to accommodate additional power requirement. All meters will be tested periodically. [Ord. O-01-2004 § 1 (Exh. A § 3.29); Ord. 002 § 1 (Exh. A § 3.29)].

13.15.300 Damage to property – Interruption of service.

All consumers of electricity and natural gas connected with said meters shall be responsible for all facilities on such consumer’s premises, unless occasioned by cause beyond his control, or by the negligence of the division. The division shall not be responsible for any interruption or failure to supply electricity or natural gas if such failure or interruption is without fault of said division of energy. Electrical wiring and equipment and natural gas lines and equipment beyond the point of attachment shall be the responsibility of the consumer for any maintenance or repair. [Ord. O-01-2004 § 1 (Exh. A § 3.30); Ord. 002 § 1 (Exh. A § 3.30)].

13.15.310 Right to meter premises – Right of entry.

All consumers being served shall give the division employees permission to enter his/her premises to read and inspect meters, and to repair and remove all or part of the apparatus or property owned by said division. The meter will be read and must be accessible at the time service is established and at certain periods thereafter. [Ord. O-01-2004 § 1 (Exh. A § 3.31); Ord. 002 § 1 (Exh. A § 3.31)].

13.15.320 Single service limitations.

The division shall not permit the use of electricity or natural gas from a single service of two or more buildings, unless the buildings are under a common ownership or leasehold. The buildings must be classed as one fire risk and operated as a single continuous property. [Ord. O-01-2004 § 1 (Exh. A § 3.32); Ord. 002 § 1 (Exh. A § 3.32)].

13.15.330 Penalties for violations.

It shall be unlawful for any person, firm, association or corporation to violate any of the provisions of this article, or any of the rules and regulations of the division. [Ord. O-01-2004 § 1 (Exh. A § 3.33); Ord. 002 § 1 (Exh. A § 3.33)].

13.15.340 Damaging or tampering with electrical or natural gas structures, appurtenances, or equipment.

A. No unauthorized persons shall negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, equipment or meter that is part of the electrical or natural gas systems of the city. It shall be unlawful for any account holder, person, or his agent to:

1. Tamper with the meters;

2. Use any unauthorized electricity or natural gas from the city systems;

3. Damage any part of the electrical or natural gas systems.

The account holder, or any other person or agent with knowledge of the commission of any act in violation of subsection (A)(1), (2) or (3) of this section, will be held criminally responsible if they fail to report the incident within 24 hours after the occurrence to the city.

B. It shall be unlawful for any person or persons to reconnect any electrical or natural gas meter/regulator after service is discontinued for nonpayment for service. [Ord. O-01-2004 § 1 (Exh. A § 3.34); Ord. 002 § 1 (Exh. A § 3.34)].

13.15.350 Temporary power unit installation and cost.

There will be a fee set by resolution for residential temporary electricity hookup. All inspections and accounts must be in place before temporary power is hooked up.

There will be a fee for commercial and industrial temporary hookup set by resolution. Commercial and industrial customers will provide their own temporary hookup, including temporary unit, transformers and all other cost associated with the installation. They will be metered and charged at the general service rate. [Amended during 2008 codification; Ord. O-01-2004 § 1 (Exh. A § 3.35); Ord. 002 § 1 (Exh. A § 3.35)].

Article II. Expansion of Natural Gas System

13.15.360 Expansion of natural gas system.

The city will permit enlargement of the natural gas system by line extension to the natural gas system sponsored by private individuals. Any private individual proposing a line extension to the natural gas system shall make application to the city on a form to be provided by the city which shall require the name of the project applicant, disclosure of the properties to be serviced by the line extension, a point of connection with the existing city natural gas system, the rights-of-way easements or other real property interests necessary to the proposed line extension and any other information required to allow the city to adequately and completely consider the line extension application. [Ord. 00-01 § 1].

13.15.370 Construction of line extension.

Upon consideration of the line extension application, the city may approve or deny the application. If the application is approved, the approval shall specify the extent to which the city will participate in the line extension. Each application approval shall set forth in reasonable detail the financial consideration contributed by the line extension applicant either in cash or in kind and the financial consideration contributed to the project by the city in the form of equipment, materials or city employee man-hours. The application approval shall be documented in a decision notice which shall advise the line extension applicant of the decision of the city and the relevant financial allocation between the line extension applicant and the city. [Ord. 00-01 § 2].

13.15.380 Construction specifications and materials.

All line extension connections to the city natural gas system shall be constructed under the supervision of the city and all materials and workmanship shall comply with the city’s specifications for such materials and workmanship and all work shall be inspected by the city prior to covering pipelines and fittings and final acceptance by the city. All natural gas pipelines constructed in Eagle Mountain City shall comply with relevant Department of Transportation specifications for such pipelines, if any, and shall be inspected by such independent pipeline inspectors as may be required by the Department of Transportation. [Ord. 00-01 § 3].

13.15.390 Contributions to construction.

All contributions to construction in the nature of excavation, materials, rights-of-way or easements shall be approved in advance by Eagle Mountain City before the line extension applicant, or persons acting under the direction of the line extension applicant, take any action to make such contributions in aid of construction. The city shall prepare a construction schedule and all contributions in aid of construction shall follow the construction schedule approved by the city. All work done in aid of construction by a line extension applicant shall be pursued diligently to completion. [Ord. 00-01 § 4].

13.15.400 Financial security.

Each line extension applicant shall provide evidence of financial responsibility and shall execute a personal surety bond on a form to be provided by the city, in an amount to be set by the city utilities administrator, to assure the timely and workmanlike completion of all work by the line extension applicant which can be considered contributions in aid of construction. [Ord. 00-01 § 5].

13.15.410 Total project cost sharing.

At the completion of each line extension project, the total cost of the project shall be ascertained and documented. A project record shall be maintained for each project and the final and complete cost of each project shall be set forth in detail in the project cost file. Applicants for natural gas service who desire to connect to the line extension shall pay a line extension project cost share to the city before connecting to the system. The project cost share shall be determined by the city based on the number of connections to be benefited by the line extension, the probable number of properties which will benefit in the future by the line extension, and the time cost of money associated with the difference between the date the project funds were expended and the date the project cost share is required to be paid by a natural gas connection applicant. Upon determination of the project cost share to be paid by applicants for line extension connection, the amount of the project cost share shall be considered and approved by the city council. Such project cost share requirements may be set from time to time by resolution of the council based on the cost of service and circumstances as recommended by the city utility administrator. The city may provide for reimbursement payments to the original line extension applicant and/or to other participants in the line extension project costs as may be deemed fair and equitable by the city council. [Ord. 00-01 § 6].

13.15.420 Project cost financing alternative.

A line extension applicant may request that the city approve reimbursement to the city for the cost of main line pipe and fittings, road cuts, boring and associated road repairs, individual service line material costs including meter and fittings over a period of time not to exceed five years. Excavation, bedding, backfilling and related costs for the main line and service line shall not be eligible for payment over time and shall be the responsibility of the line extension applicant to provide in kind, or if not provided in kind by the line extension applicant, reimbursed to the city upon completion of the project. Payments made over time to the city for qualifying costs shall be added to the monthly natural gas utility bill. Payments shall be in an amount amortized over a period of not to exceed five years with interest at six and one-half percent annually to January 1, 2001. After January 1, 2001, the interest rate charged on the balance due shall be adjusted annually to be equal to the interest rate offered by the Utah Public Treasurer’s Investment Fund. [Ord. 00-01 § 7].

13.15.430 Qualifying areas.

The provisions of this article shall not apply to extension of natural gas systems in subdivisions of the city where developments were approved or platted after January 1, 1999. [Ord. 00-01 § 8].