Chapter 13.10 ELECTRICAL SERVICE

It is the intent of the town’s power and light department to provide the best possible service at the lowest possible cost consistent with sound business principles. The intent of these regulations is to be a helpful guide to the customer, the electrical and building trades, and the employees and representatives of the town of Coulee Dam; to achieve efficient and safe electrical service; and to insure that all customers of the town power and light department receive uniform and equitable consideration. (Ord. 456 § 1, 1994)

13.10.020 Definitions.

(1) “Town” means the town of Coulee Dam.

(2) “Department” means the town of Coulee Dam power and light department.

(3) “Mayor” means the mayor of the town of Coulee Dam.

(4) “Town council” means the town of Coulee Dam town council.

(5) “Superintendent” means the town superintendent.

(6) “Clerk” means the town clerk-treasurer.

(7) “Customer” means any individual, firm or organization who purchases electric service at any location under one or more rate classifications, contracts or schedules.

(8) “Electric service” means the availability of electrical energy at a point of delivery for use by the customer, irrespective of whether electric energy is actually used.

(9) “Energy” means electric energy, measured in kilowatt hours (kwh).

(10) “Demand” means delivery of electric energy exceeding a set rate during a billing period, in kilowatt (KW) measurement registered by an integrating demand meter over a 15-minute period or such longer period as may be specified in the rate schedule or special contract applicable to the service being furnished. (Ord. 456 § 2, 1994)

13.10.030 Scope.

These service regulations are a part of all oral or written contracts for furnishing and receiving electric service. A copy can be inspected at the clerk’s office located in the Coulee Dam Town Hall during regular business hours of 8:00 a.m. to 5:00 p.m., on normal work days (Monday through Friday, except holidays). (Ord. 456 § 3, 1994)

13.10.040 Revision.

These service regulations cancel and supersede all previous service regulations. They may be revised, supplemented or otherwise modified only by action of the council; except that the mayor may at any time revise the regulations for purposes of correcting errors therein or making editorial changes for clarification without council approval except that in emergency situations the mayor may make such reasonable modifications as he/she deems necessary; provided, however, such modifications are reported to the council for approval at its next official meeting. (Ord. 456 § 4, 1994)

13.10.050 Conflict.

In case of conflict between the provisions of any rate schedule or special contract and these service regulations, the provisions of the rate schedule or special contract shall apply. (Ord. 456 § 5, 1994)

13.10.060 Application and contract for service.

(1) Any individual, firm, or organization desiring to purchase electric energy from the town shall make application therefor upon a printed application form provided by the town, signed by the applicant and filed at the Coulee Dam Town Hall.

(2) The application shall contain a location of the premises where such electric service is desired, and all pertinent information covering type, class and other electrical characteristics of customer’s electrical energy consuming device or devices to be served.

(3) Service to the applicant may be limited to that available near the location. If approved, the application shall constitute a contract on the part of the customer making the same, to pay for the electric service applied for at the rate, in the manner, and for the time specified in such contract, and the town shall reserve the right to charge and collect the rates provided for in its rate schedules and to change said rates at any time by proper action of the council.

(4) The customer will be required to pay a connection fee and a security deposit at the time of application.

(5) The customer may terminate this contract in accordance with the provisions of CDMC 13.10.170, Discontinuance of service. (Ord. 456 § 6, 1994)

13.10.070 Owner of rental properties responsibilities.

The owner of property, including rental properties, is responsible for payment of any electrical power provided such property. Billing will be made to the tenant if requested in writing. If a tenant incurs a past due account, both the tenant and the landowner will receive a delinquency notice. If the account becomes delinquent or the tenant does not pay a closing bill, the billing charges become the responsibility of the property owner for payment. (Ord. 456 § 7, 1994)

13.10.080 Deposits – Refunds.

Each landowner or occupant shall deposit with the town of Coulee Dam, the sum of $150.00 and business users $200.00 as a security deposit to be retained by the utility office. Upon discontinuance of service said sum shall be refunded to the user provided there is no delinquency on the user’s account, in which event said sum shall be applied to the amount owing. Customers who establish 12 consecutive months of service with the town and have maintained an acceptable credit record shall have the deposit refunded. Deposits shall not earn interest. Pursuant to CDMC 13.10.220, landowners or occupants that have been refunded their deposit, and then are listed on the termination notice, the town shall require a new deposit after termination of services after two or more times in a 12-month period. Residential property owners who live in town and establish a new commercial business(es), and have established good credit at their current residence for a period of not less than five years, may not be required to pay an electric deposit after review of their residential electric account by the town clerk-treasurer or his/her designee. Current business owners who have paid an electric deposit and have established five years’ good credit as a residential owner, shall have their deposit refunded. (Ord. 584 § 2, 2003; Ord. 471 § 1, 1996; Ord. 456 § 8, 1994)

13.10.090 Meter reading, billing and adjustments.

(1) Meters shall be read on or near the twentieth day of each month and bills rendered near the end of the month. The reading and billing dates may vary as much as five days because of holidays, Saturdays and Sundays. The town may estimate meter readings for billing purposes when its meter reader is unable to gain access to the premises on his/her regularly scheduled meter reading trip, or when the meter has been tampered with or is not functioning properly, or when circumstances beyond the control of the town make reading of meters impractical or impossible.

(2) In the event a meter is damaged due to the fault or negligence of the landowner, occupant or agent of either the landowner or occupant, the town shall repair and or replace the meter and the cost thereof shall be added to the following billing statement for utility service.

(3) When it has been determined that a customer has received unmetered service or when the customer has caused the service furnished to be improperly or inaccurately metered, the town may render bills to the consumer at the average monthly consumption for the same month in the previous three years for the full period during which the service was unmetered or improperly metered. In the event there is no prior electric usage experience, the town clerk shall establish the charge based on electric usage of similar sized premises for the same month plus an administrative fee.

(4) Should one customer be billed for service actually furnished to another because of misidentification of the meter through which he/she has received service, his/her account will be credited for all service so billed; and he/she will then be charged for all service actually furnished.

(5) The town may alter or reroute its meter reading and billing cycle dates when such alteration or rerouting is in the best interest of the town.

(6) Bills will be mailed by the town to the billing address furnished by the customer, and failure to receive a bill will not release the customer from obligation of payment when due.

(7) Each landowner or occupant shall permit unencumbered entry by town employees upon any premises served by town utilities for the purpose of reading and inspecting electrical meter(s). It shall be unlawful for a landowner to do or permit any of the following conditions to exist:

(a) Any obstruction which prevents meter reading;

(b) Any dog or dangerous animal which may threaten town personnel;

13.10.100 Prohibitive practices – Civil penalty.

(1) The following acts or conduct are hereby declared to be a civil infraction:

(a) Any violation of CDMC 13.10.090;

(b) Intentional or negligent damage, tampering or interference with any electrical meter;

(c) Failure or refusal to comply with directives of the town superintendent relating to the uses, operation, construction, repair or condition of electrical services on the user’s premises.

(2) Violation of this section shall constitute a civil infraction, punishable by a penalty not to exceed $500.00. (Ord. 456 § 10, 1994)

13.10.110 Limitation on service.

Electrical service is limited to the type of use for which the rate payer is billed by the town. It shall be unlawful for a landowner or occupant to provide electrical service to any other premises than those premises for which electric service is billed by the town. It shall also be unlawful for a landowner or occupant to expand or increase use of town services on the premises without giving written notice to the town clerk or town superintendent of such expanded or additional use of such town utilities. Without limiting the broad application of the foregoing, the following are expressly declared to be unlawful:

(1) The installation, construction or use of any electrical service to provide power to a premises not having a meter for electrical power or at which electrical service has been terminated;

(2) The conduct of any substantial business enterprise upon premises served by town electrical service and billed at residential rates;

(3) The use of metered business premises for residential premises when such premises are billed solely for such business utility use. (Ord. 456 § 11, 1994)

13.10.120 Reservation of powers.

The town hereby declares its reservation of the following powers:

(1) To terminate electrical service, without notice, for the purpose of effecting repairs, extensions, maintenance, inspections or for any other purpose consistent with the operation of the electrical system;

(2) To terminate electrical service for nonpayment of user fees consistent with the provisions recited below;

(3) To enter upon private property for the purpose of maintaining, repairing or inspecting the apparatus utilized in the provision of electrical service or for the purpose of enforcing any law relating to electrical service;

(4) To exercise all powers consistent with and in furtherance of the operation of a municipal electrical system, and in compliance with state law. (Ord. 456 § 12, 1994)

13.10.130 Rates.

Rates for electrical service, or for other services, connections, assessments or any other charges called for under this chapter, shall be established by ordinance or resolution of the town council. (Ord. 456 § 13, 1994)

13.10.140 Rate changes.

The rates for electrical power/service, connections, or any other fee, assessment or charge called for under this chapter may be changed by council resolution at any time hereafter. (Ord. 456 § 14, 1994)

13.10.150 Payment of bills.

Repealed by Ord. 540. (Ord. 456 § 15, 1994)

13.10.160 Low income senior or low income disabled citizens’ discount.

Low income senior (62 years and older) or low income disabled citizens may apply for a five percent discount if they meet the criteria for low income as established annually by the state of Washington Department of Community, Trade and Economic Development. (Ord. 456 § 16, 1994)

13.10.170 Discontinuance of service.

Customers may request discontinuance of utility services for a period of one month or longer or temporarily for reasons such as repairs. The customer shall be required to sign a written consent form before the service will be disconnected or reconnected, plus a disconnect and reconnect fee as established in CDMC 13.15.060 either in person at the Town Hall, 300 Lincoln, 99116, or by mail. (Ord. 689 § 4, 2011; Ord. 640 § 2, 2006; Ord. 456 § 17, 1994)

13.10.180 Termination of service.

(1) Such notice shall include a statement of the amounts in arrears and advise the owner or occupant that failure to pay the full amount in arrears, together with any suspension fees, penalties and interest, shall result in termination of service. In the case of a rental property the owner of that property shall be additionally advised.

(2) The town may also terminate service for violation of this chapter by the owner or the occupant. Termination of service for violation of this chapter shall not constitute an election of remedies by the town and the town may proceed to prosecute the owner or occupant for a civil infraction, in addition to such termination. Termination for a violation of this chapter shall be subject to the following procedures:

(a) In the event the town superintendent determines that service must be immediately terminated to protect the public health or to prevent imminent damage to persons or property, no notice need be given to the owner or occupant;

(b) In all other cases, the owner or occupant shall be given written notice no less than 24 hours before the date and time of termination, which notice shall be posted or affixed in a conspicuous place on the premises, i.e., premises front door. Such notice shall include a description of the violation, a description of the curative action necessary to avoid such termination and the date on which electrical services will be terminated;

(c) Any person aggrieved by the termination of service shall be afforded a public hearing before the town council upon written request therefor submitted to the town clerk. The hearing on the complaint shall be held at the next regularly scheduled council meeting;

(d) To terminate electrical service after landowner or occupant has received a suspension notice, and paid with an nonsufficient fund (NSF) check. (Ord. 540 § 2, 2000; Ord. 456 § 18, 1994)

13.10.190 Re-establishment of services.

In the event service is terminated two or more times within any 12-month period for nonpayment, the town clerk shall require a security deposit from landowners or occupants that have previously had their deposit refunded in the amount of $100.00 or commercial users $200.00 prior to reconnection of electrical service. (Ord. 540 § 2, 2000; Ord. 456 § 19, 1994)

13.10.200 Returned check.

If a check for electric charges fails to clear the bank for any reason not the fault of the town, there shall be assessed and added to the subject utility account an additional charge of $25.00 to cover the town’s reasonable cost and expense of handling and processing said check. (Only one returned check charge will be assessed per utility billing for a returned check).

Additionally, after receiving any such check, the town shall not accept checks from that particular individual or business in the future and shall insist on the payment of all utility charges by cash, cashiers’s check, certified check or money order. This policy pertaining to a particular individual may be reassessed by the town clerk or utility clerk after having been in effect for a period of 12 months. (Ord. 456 § 20, 1994)

13.10.210 Billing demand.

Demand meters shall be installed on any account when the nature of the customer’s equipment and operation indicates that demand meter is required for correct application of the rate schedule. (Ord. 456 § 21, 1994)

13.10.220 Resale.

Electric energy is not to be resold by the customer except by special contract or written permission of the town. (Ord. 456 § 22, 1994)

13.10.230 Point of delivery.

(1) The point of delivery is that point on the customer’s premises, specified by the town, where the town terminates its electrical service conductors by connection to the customer’s wires.

(2) For overhead service, the location of the point of delivery is the top of the weatherhead and must be such that the town’s service conductors can be terminated without attachment to the building in any other location. A roof bracket may be installed by the customer to assure adequate clearance of the service conductors above premises.

(3) For underground service, the point of delivery may be on a line pole, transformer pole, or service pole, transformer pad, meter base, transformer vault, handhole or other specified point. It shall be the responsibility of the customer or his electrical contractor, to advise the town of his service requirements in advance of installing, or altering, the service entrance equipment, and to ascertain that the location and installation is acceptable and in conformance with the town standard practices.

(4) It shall be mandatory that underground services be installed in conduit.

(5) All services to new customers in platted residential developments, new commercial-industrial building or in any area where overhead service can reasonably be avoided shall be underground. Such underground services shall be approved by the superintendent prior to installation. Where underground service would be difficult, the customer may apply for an exemption as provided in Schedule 8: Underground Exemptions.

(6) The rates of the town are based upon the supply of electric service to the entire premises through a single delivery and metering point. Under certain conditions and with special permission from the town, a separate supply for the same customer at other points may be made available. These would be separately metered and billed at the applicable rate. Unless otherwise specified in a special contract, the town will not total metering of separate points of supply or services. Where the town contracts to furnish separate transformers to provide multiple services or multiple voltages for the mutual benefit of the town and the customer, metering and billing shall be either by application of the town’s rates separately to each separate service at secondary voltage or consolidated at primary voltage with addition of an allowance for transformation to the entered amounts. (Ord. 456 § 23, 1994)

13.10.240 Delivery phase and voltage.

(1) All service shall be alternating current 60 hertz. Nominal secondary delivery voltages are:

(a) Overhead and Underground Secondary Services from an Overhead Primary System.

(i) 120/240 volt: single phase and 240/480 volts: three phase delta;

(ii) Service may also be delivered at nominal 120/208 volts or 277/480 volts: three phase wye. In instances when in the opinion of the town the size of the load justifies a separate transformer installation;

(iii) Or other service as may be determined by the superintendent.

(2) The town will endeavor to deliver energy at voltages within five percent plus or minus of nominal voltages. In general, delivery voltages and phases will be those available at the point service is desired; and if other phases or voltages are necessary, they may be made available from the town in accordance with the provision of its line extension policies and schedules then in effect.

(3) In the case of large loads, power may be delivered at other voltages approved by the town. In general, motor loads up to and including 5 HP may be served at 240 volts, single phase. Motors of 5 HP or more may be served at 240 volts, 480 volts or 120/208 volts: three phase at the discretion of the town.

(4) The town may require customers to install reduced voltage starting equipment in cases where across-the-line starting would result in excessive or undesirable voltage disturbances to the town’s system.

(5) Interpretation and enforcement of this section of the regulations will rest with the superintendent and or the town council. (Ord. 456 § 24, 1994)

13.10.250 Meter location and installation.

(1) Unless otherwise authorized by the town, the customer shall provide an approved meter base, installed on the exterior surface of the building or structure at a height of five to seven feet above the ground or readily accessible platform. Meters shall not be installed in porches, carports, and breezeways or in places difficult or dangerous of access, such as over open pits, moving machinery, hatchways, or in the path of water from eaves or rain spouts or subject to live steam or corrosive vapors. The customer shall maintain a clear space of a least 30 inches in front of the meter. If the meter is recessed in a wall of a building, the recessed space shall be not less than 12 inches square and shall provide not less than a three-inch clearance around the meter on all sides. All new service entrance locations are subject to inspection and approval by the governing state authority and shall also be inspected and approved by the town prior to connection and installation of meter.

(2) For commercial and industrial installations, meters may be installed within the building, provided they are readily accessible for reading and testing during normal business hours. It shall be required that the customer receive prior approval from the town superintendent before installing meter(s) within the building.

(3) If after the original electrical connection the customer rebuilds or rearranges his property so as to make the meter inaccessible in the opinion of the town, he shall have the meter relocated at his expense or the town may exercise its right to disconnect service until the meter has been made accessible. (Ord. 456 § 25, 1994)

13.10.255 Interconnection of renewable electric generating facilities.

Repealed by Ord. 691. (Ord. 668 § 1, 2009)

13.10.260 Customer’s wiring and equipment.

(1) The customer shall install, own and maintain all wiring and equipment beyond the point of delivery except meters and special facilities installed or furnished by the town. The customer’s wiring shall conform to applicable municipal, county, and state requirements, the town’s electric service regulations and standard practices and to accepted modern standards as exemplified by the National Electric Code and the National Electric Safety Code.

(2) The customer shall furnish and install an Underwriter’s approved meter base or bases (as specified by the town) for the installation of the town’s metering equipment. If instrument transformers are required, the customer shall furnish and install mounting brackets or a suitable enclosure with the necessary conduit as specified by the town; and shall install the town’s instrument transformers on the brackets or in the enclosure. Drawings of enclosures should be submitted to the town for approval prior to manufacture and installation. It shall be the customer’s responsibility to provide suitable protective equipment such as fuses, circuit breakers and relays to adequately protect his equipment. For the protection of three phase motors, the installation of three thermal over-current devices and in addition, circuit breakers or fuses of suitable rating shall be necessary. The town reserves the right to refuse or discontinue service to customer’s equipment or wiring where such equipment or wiring is in hazardous condition or not in conformity with lawful codes and local regulation. The town shall not be held liable for any loss or damage to persons or property resulting from defects beyond the point of delivery or in the customer’s installation or equipment or the delivery of energy thereto. (Ord. 456 § 26, 1994)

13.10.270 Customer’s responsibility for town’s property.

(1) Any customer or person interfering with town meters or damaging, removing, disconnecting or otherwise interfering with any wire or apparatus belonging to the town will be subject to prosecution under the law.

(2) The customer shall provide space for, and exercise proper care to protect the town’s property on his premises. This shall include meters, instrument transformers, wires and other facilities installed by and remaining the property of the town. In the event of loss or damage to the town’s property because of the customer’s negligence, the town may collect from the customer the cost of repairs or replacement. Where the situation warrants, the town will furnish a standby serviceman, during regular working hours and when given adequate notification, for customers who may wish to do tree clearing, blasting or such other activities which might endanger town property. In the event a town employee is standing by and he approves of the methods being used in the work being done, the customer will still be held responsible for any liabilities that might occur. However, this shall not be construed to mean that the town will provide this service on a repetitive basis without charge.

(3) The customer shall be held liable for transformers that are located inside their buildings for any damage that might occur, including all costs of repairing, replacing and restoring service.

(4) If transformers need to be replaced for any reason, pad mounts or pole mounts may be required to be installed outside the building. (Ord. 456 § 27, 1994)

13.10.280 Right of access.

The customer shall grant all necessary permission to enable the town to install and maintain its serving facilities on the premises of the customer and to carry out its contract. The town shall have the right through its employees, or other agents, to enter upon the premises of the customer at all reasonable times for the purpose of reading, verify reading semiannually to those customers that submit monthly meter post cards to the town utility department, connecting, disconnecting, inspecting, repairing or removing the metering devices, wiring, services, or other facilities of the town. If any such equipment is located within a locked enclosure, the town shall attach a self addressed meter post card to the front door and it then becomes the customer’s responsibility to read the meter and mail the meter post card to the town utility department. (Ord. 456 § 28, 1994)

13.10.290 Inspection.

The town shall have the right, but shall not be obligated, to inspect the customer’s service equipment before or during the time service is supplied. However, such inspection, or lack of inspection, shall not be construed as placing upon the town any responsibility for the condition or maintenance of the customer’s wiring, energy-consuming devices or other equipment. (Ord. 456 § 29, 1994)

13.10.300 System disturbances.

Electric service shall not be utilized in such a manner as to cause disturbances or voltage fluctuations to other customers of the town. If any customer uses equipment that is detrimental to the service of other customers of the town, the town may require the customer to install at their own expense regulatory equipment to control such fluctuations. If the disturbance is not corrected by the customer within five days after notification of such disturbance by the town, the town may disconnect the customer’s service. (Ord. 456 § 30, 1994)

13.10.310 Additional load.

If the customer desires to change his load, he shall notify the town sufficiently in advance so that the town may, if economically feasible, provide the facilities required to serve the increased load. If the customer fails to notify the town, and as a result the town’s equipment is damaged, the customer and/or landlord shall be liable for the cost of such damage including all costs of repairing, replacing and restoring service. (Ord. 456 § 31, 1994)

13.10.320 Change of occupancy.

When a change of occupancy or of legal responsibility takes place on any premises being served by the town, notice of such change shall be given at the Town Hall within a reasonable time prior to such change. The outgoing customer may be held responsible for all service supplied until such notice has been received by the town. (Ord. 456 § 32, 1994)

13.10.330 Notice of trouble.

The town will endeavor to give the best possible service to its customers at all times. The customer can assist the town in fulfilling its purpose by promptly notifying the town of any defects, trouble, or accident affecting the supply of electricity, or in the event service is unsatisfactory for any reason. (Ord. 456 § 33, 1994)

13.10.340 Customer power outage.

If the customer’s service fails, he shall endeavor to determine if he has blown fuses, tripped breakers, or if his equipment is at fault. If a town crewman is sent to the customer’s premises at the customer’s request after regular working hours, and it is determined that the power outage is caused by the customer’s equipment, a service charge may be made. (Ord. 456 § 34, 1994)

13.10.350 Interruption of service.

The town will exercise reasonable care to provide adequate and continuous electric service but does not guarantee same and shall not be liable for injury, loss or damage resulting from any failure or curtailment of electric service nor shall such failure or curtailment constitute a breach of contract. The town shall have the right to temporarily suspend service for the purpose of making repairs or improvements to its facilities; but in such case when practicable, advance public notice shall be given and every effort will be made to make such interruptions as short as possible and at such times as will cause the least inconvenience to the customer. (Ord. 456 § 35, 1994)

13.10.361 Meter tests.

The town will, at its own expense, inspect and test its meters as required to ensure a high standard of accuracy. Additional tests at the request of a customer will be made; and if the meter is found to register within two percent of accuracy, the town may charge a test fee of $50.00 for all such tests made at intervals more frequent than once in three years. If the meter is found to register in excess of two percent fast or slow, the town will pay for the testing and will adjust the customer’s billing for the known or assumed period of error, not to exceed the applicable statute of limitations. (Ord. 606 § 1, 2004; Ord. 456 § 36, 1994)

13.10.370 Temporary service.

(1) Customers requiring service classified as temporary shall be required to pay all costs incurred by the town for installation and removal of all materials not used as part of the permanent service. Such costs are to be in accordance with provisions of Schedule 4: Temporary Service and Construction Costs.

(2) Temporary service is defined as power required for construction use or other operations that are not considered permanent, and shall not be construed as seasonal or recurring. (Ord. 456 § 37, 1994)

13.10.380 Nonstandard service.

The customer shall pay the cost of any special installation necessary to meet his particular requirements for service at other than standard voltages, or for the supply of closer voltage regulation than required by the town’s standard practices and as set forth in CDMC 13.10.240. (Ord. 456 § 38, 1994)

13.10.390 Separate meter for each class of service.

(1) If the customer desires to use electricity for purposes classified under different rates, separate meters must be installed to measure the electricity supplied to each rate. The town will designate the rate schedule applicable to each meter and bill each meter at the appropriate rate schedule. Unless otherwise specified in a special contract, the town will not total the metering of separate service or meters.

(2) If the customer desires additional meters other than those necessary to adequately measure the service use by the customer, such additional meters shall be provided, installed and maintained by the customer at his own expense. (Ord. 456 § 39, 1994)

13.10.400 Combined residential and general service.

Where a small business is operated in conjunction with a family residence and the electric service for each purpose cannot be readily separated from the other, the rate schedule shall be determined as follows: If less than 25 percent of the connected load is utilized for business purposes the residential rate shall apply; and conversely if over 25 percent of the connected load is utilized for business purposes the appropriate commercial (general) rate shall apply. (Ord. 456 § 40, 1994)

13.10.410 Relocation of poles or equipment at customer request.

(1) If a customer requests that his delivery point be moved to a new location on an existing structure, he shall pay the entire cost of relocating the town’s service line if it be underground. If the service is overhead, the town will remove and reconnect its overhead service drop at the new delivery point without cost to the customer, provided the overhead service so relocated can be installed in accordance with the town’s construction standards and no additional poles or other equipment are required by relocating the service. When additional poles or other equipment above or below ground are required for relocating aerial or underground services, the customer shall pay such costs, including the cost of material, labor and overhead associated with such additional poles or other above or below ground equipment.

(2) If the customer requests that his delivery point be moved to a new location and the town does not have distribution facilities of sufficient capacity available to serve at the new delivery point in accordance with the town’s construction standards, the customer shall reimburse the town for all costs of relocating transformers and any other costs, including overhead charges for providing additional poles, lines and other required above or below ground facilities.

(3) If a customer requests a pole or poles moved, including fixtures, transformers and other above ground facilities or the town’s underground facilities moved, for the purpose of making improvements to his premises, the town will relocated such facilities as requested; provided, that such relocations may be made in accordance with the town’s construction standards and that the customer pays all costs of such relocations.

(4) The town may reduce the costs to be charged to a customer for relocating any of the town’s facilities, as requested by a customer, to the extent that such relocations may benefit the town. In determining the amount of such reduction, the town will give consideration to the remaining physical life of facilities or equipment replaced, the improvement to system operations and any increased revenues which will accrue to the town as a result of such relocations. (Ord. 456 § 41, 1994)

13.10.420 Discontinuance of service by the customer.

Except as may be otherwise provided by a special contract or line extension agreement, the customer may terminate service by appropriate notification to the town. At the time of termination all monies owing the town for services rendered shall be due and payable upon presentation of a final bill. The town reserves the right to read a meter for a final bill within a one-week period from the date of notification by the customer; and such readings may be adjusted for consumption if any, used by subsequent customers. The final reading may be estimated by mutual consent of the customer and town. (Ord. 456 § 42, 1994)

13.10.430 Ownership of facilities.

Any advance payment by a customer covering the revenue deficit on a line extension in conformity with the applicable line extension schedule shall not be deemed to represent ownership by such customer of any portion of the facilities furnished by the town. Service facilities of which the customer has made a “contribution in aid of construction” shall be and remain the sole and exclusive property of the town. (Ord. 456 § 43, 1994)

13.10.440 Town representation by employees.

No inspector, agent, or employee of the town may ask, demand, receive or accept any personal compensation for any service rendered to consumers of electric energy or other persons, in connection with supplying or furnishing energy by the town. No promise, agreement or representation of any employee or agent of the town with reference to the furnishing of electric energy shall be binding on the town unless the same shall be in writing signed by the mayor or his authorized agents. (Ord. 456 § 44, 1994)

13.10.450 Line extensions – Overhead and underground.

(1) Regulations and practices concerning the town’s overhead and underground distribution of electric service shall be as established under a separate service regulation and pursuant to Schedule 5: Line Extension, and Schedule 8: Underground Exemption.

(2) It shall be mandatory that underground services be installed in conduit. (Ord. 456 § 45, 1994)

13.10.460 Tax adjustment.

The amount of utility tax levied by the town of Coulee Dam in accordance with RCW 54.28.070, of the laws of the state of Washington, will be added to all charges for electricity sold within the limits of the town of Coulee Dam. (Ord. 456 § 46, 1994)

13.10.470 Attachment of objects to utility poles.

As per RCW 70.54.090, of the laws of the state of Washington, it is unlawful to attach to utility poles any of the following: advertising signs, poster(s), bird feeder(s), bird house(s), or any similar object which presents a hazard to, or endangers the lives of, electrical workers. Any attachment to utility poles shall only be made with the permission of the utility involved, and shall be placed not less than 12 feet above the surface of the ground. As per RCW 70.54.100, every person violating the provision of RCW 70.54.090 shall be guilty of a misdemeanor.

The town may by contractual agreement allow special provisions allowing cable(s) to be installed and attached to the town power poles by such firm, organization or individual as may be approved by the town council and pursuant with Schedule 7: Pole Connections. (Ord. 456 § 47, 1994)

13.10.480 Service outside town limits.

No future connections shall be made outside the town limits of Coulee Dam, except in compliance with Schedule 6: Service Outside Town Limits. (Ord. 456 § 48, 1994)

13.10.490 Schedules for electrical services.

Schedules for all electrical services are as follows:

SCHEDULE 1

RESIDENTIAL SERVICE

Availability:

This schedule is available throughout the area served by the town of Coulee Dam and is an applicable service for private residences, churches, fraternal orders, home occupation and apartment(s) in private residence.

Character of service:

(1) Where a portion of a dwelling is used regularly for the conduct of business or where a portion of the electricity supplied is used for other than domestic power, service may be supplied on this schedule, provided the energy used is in accordance with the regulations defined in CDMC 13.10.400, Combined Residential and General Services, if not, energy shall be billed on Schedule 2: General Service.

(2) Single phase motor installations, no one motor of which shall exceed five HP may be connected and served through the residence meter under this schedule.

(3) For nonresidential water heating installations and equipment over 10 KW shall be subject to the approval of the town as to type and capacity of heating units, tanks, controls and installation. The town may, at its option and expense, install a time switch, carrier current control or other device to limit the hours of service to the water heater. The period or periods each day during which service may be so limited shall not exceed a total of six hours.

(4) When more than one residence or apartment is served through one meter, service shall be supplied on Schedule 2: General Service.

(5) Service under this schedule is subject to the rules and regulations as defined in the town electrical service regulations.

(6) Rates:

Rates shall be established by ordinance or resolution.

(7) On-site underground services to a new addition, residential development or division – approval – conditions.

(a) From and after the effective date, any plat for a new residential addition, development or division to the town, subject to the provisions of this chapter and any authority granted hereunder, shall not be approved by the town planning commission unless such plat shall provide that all proposed new on-site facilities as defined herein shall be placed underground, it being specifically understood that this shall not apply to on-site utility facilities already existing above ground within any addition or subdivision platted before the effective date of the ordinance, nor shall it apply to the maintenance, repair or replacement of such existing above-ground facilities. The developer shall bear all of the costs of underground electrical connection.

(b) No approval shall be given to a division or residential development unless copies of agreements with affected utilities for the installation and maintenance of underground services are filed with plat.*

(d) On-site underground electrical service to newly constructed residential dwellings not in a new addition or division shall be mandatory and the customer shall bear the cost for the connection.*

(e) Customer Convenience. When the customer wishes to have overhead electrical service lines placed underground before normal replacement is scheduled by the light department, the department will inspect the premises and will prepare cost estimates of the new installation. If it is determined by the superintendent that the underground installation is feasible, the customer will be advised of the technical aspects of his responsibility in making the underground installation. The department will install the underground service from the nearest pole to the customer’s point of connection and the customer shall pay 75 percent of the cost of conversion and the town shall absorb the remaining 25 percent of the cost of conversion to encourage undergrounding of electrical facilities.*

(f) It shall be mandatory that all underground services be installed in conduit.

* An exemption to the requirement for underground service may be applied for where such installation will be difficult as provided by Schedule 8: Underground Exemption.

SCHEDULE 2

GENERAL SERVICE
(Lighting and Power)

Availability:

This schedule is available throughout the town of Coulee Dam served by the town of Coulee Dam, and is applicable to all commercial, industrial, educational and interdepartmental entities, all governmental agencies and multiple residential light, heat and power customers.

Character of service:

Service to be furnished under this schedule may be either single phase, three phase or four wire three phase, 60 cycle, alternating current at available phase and voltage.

Metering:

Where any customer requires service through two or more meters and where service is of similar or dissimilar class, each meter shall be billed independently.

Rates:

Rates shall be established by ordinance or resolution.

Minimum charge:

In addition to the minimum charge, a customer will be charged for applicable intermittent loads of high demand/low KWH consumption and demand meters. Where metered demand readings are impractical to obtain, a fixed demand based on nameplate ratings shall be established, and minimum charges computed at 90 cents per KWH connected.

Service policy:

Service under this schedule is subject to the rules and regulations as defined in the electrical service regulations.

Provisions:

On-site underground electrical services to new multiple residential, commercial and industrial areas, shall be mandatory and the customer shall bear the costs of constructing the facilities underground.

It shall be mandatory that underground services be installed in conduit.

Requirements listed in Schedule 1, number (7), (a) through (f) also applies to Schedule 2 when applicable. Exemptions to these requirements may be permitted under Schedule 8: Underground Exemption.

SCHEDULE 3

TOWN BUILDINGS AND
STREET LIGHTING

Rates:

(1) Town:

The amount that shall be paid by the town at the base rate into the light department fund for power used by other town departments for street lighting, portions of municipal buildings occupied by the town and other miscellaneous power uses by the town shall be established by ordinance or resolution.

(2) Customer:

The amount that shall be paid by customers for street lighting or pole non-metered street lighting shall be established by ordinance or resolution.

SCHEDULE 4

TEMPORARY SERVICE AND CONSTRUCTION COSTS

Availability:

(1) Where line extension or construction work is necessary, service will be furnished at the rates specified in the appropriate schedule or resolution, plus all cost of connection and disconnection less the salvage value of material to be removed. At the option of the town, prospective customers may be required to pay the estimated cost in advance, adjustment to be made after work is completed or service discontinued.

(2) Where no construction work is necessary, service will be furnished under the rates covered by the appropriated schedule or resolution, plus an estimated amount for the cost of such connection and disconnection.

(3) The town reserves the right to require temporary customers to pay in advance all connection and disconnection charges and a deposit covering the cost of service to be furnished by the town.

(4) Time frame for temporary service not to exceed one year.

Rates/costs:

Rates and or costs shall be established by ordinance or resolution.

SCHEDULE 5

LINE EXTENSION

Subject to general economic and engineering feasibility, the town will extend its electric facilities to serve new customer loads.

(1) All estimated costs of the line extension shall be paid by the customer in full to the town utility department prior to construction.

(2) All electric energy used will be billed according to the applicable rate schedule or resolution and will be in addition to the line extension payment.

(3) Adjustment shall be made to the line extension payment amount on the basis of actual extension costs.

(4) If an extension is requested off of a line extension already paid for, items (1) through (3) above, within two years from completion of the initial extension, the new customer(s) requesting the additional extension shall reimburse the first customers for 50 percent of the costs. The customer(s) requesting the new additional line extension shall provide an affidavit from the existing line extension customer as proof 50 percent of the initial costs have been paid, prior to the town accepting application for the new extension. The requesting customer of the new extension will than comply with items (1) through (3) above.

(5) In the event two years have passed since the initial line construction was complete, the requesting customer(s) shall comply with items (1) through (3) above and are exempt from reimbursing the initial customers expenses for the initial line extension.

(6) Extensions shall be constructed along streets, roads or highways on which the town has or can obtain a franchise; or on a right-of-way for which the town has or can obtain and is willing to accept a permanent easement.

(7) Where the property is occupied by a tenant or contract purchaser, the tenant or contract purchaser may contract with the town for electric service provided the owner or contract seller jointly executes and guarantees the terms of the contract. The construction of line extension in this category shall not be made for temporary structures.

(8) Extensions of facilities to commercial/industrial developments and platted subdivisions will be by special contract covering the individual requirements.

(9) Extension of facilities estimated to cost more than $10,000 or where the credit rating of the applicant is inadequate may be subject to special contract requirements to assure that financial commitments can and will be met.

(10) All other matters connected with providing electrical service shall be in compliance with the town electrical service regulations.

(11) If extension is by underground services, it shall be mandatory to be installed in conduit.

Rates/costs:

Rates and or costs shall be established by ordinance or resolution.

SCHEDULE 6

SERVICE OUTSIDE TOWN LIMITS

Availability:

This schedule is available throughout surrounding area of the town of Coulee Dam, and within the town’s service area.

Applicable:

To cover all electrical service systems with all facilities, supplies, installed, owned and maintained by the town.

Rates:

Rates shall be established by ordinance, resolution or schedule.

Provisions:

Service outside town limits: No future connections shall be made outside the town limits of Coulee Dam, except in compliance with this section.

(1) The town superintendent shall prepare and file with the town clerk a plan for the connection of future town utility users outside the town limits. Such plan shall designate the areas adjoining the town, but outside the town limits, which are eligible for connection to the town electrical system. The town superintendent is directed to consider future development both inside and outside the town limits, the priority of providing adequate electrical services to residents within the town limits, type of anticipated uses outside the town limits and the adequacy of the system to provide for those uses. The town superintendent’s plan may limit the type of utility services to be provided out-of-town users, and may restrict connections to certain areas outside the town limits, or eliminate future connections altogether. The town superintendent shall review and update the plan at the direction of the council.

(2) No future electrical connection shall be made outside the town limits without first obtaining the certification of the town superintendent that such connection will comply with the aforementioned plan.

(3) Prior to making the connection outside the town limits, the owner and/or occupant of the premises to be served by town utilities shall execute and deliver to the town the following instrument:

OUTSIDE UTILITY (ELECTRICAL)
AGREEMENT

THE UNDERSIGNED, being the owners and/or occupants of the following described property within ______________ County, Washington, to-wit:

has (have) applied to the town of Coulee Dam, Washington for town electrical service for said property, and in consideration of the furnishing of such services, the undersigned does hereby promise and agree as follows:

(a) The undersigned will pay, when due, to the town of Coulee Dam, all connection charges, service charges, future local improvement district charges, if any, and any and all other charges and fees required by law to be paid for the service hereby applied for.

(b) The undersigned promises (promise) and agrees (agree) to execute and deliver all notices, petitions and any other documents requested at any time by the town of Coulee Dam of the property affected by this agreement, and will actively promote and participate in any such annexation proceedings; and that the undersigned will not protest the future formation of any local improvement district for electricity for any district which includes the property affected by this agreement.

(c) The undersigned further agrees to perform and otherwise comply with all ordinances, resolutions, regulations, requirements, restrictions and laws governing such electric service and, without limiting the foregoing, to be bound by and subject to the electrical ordinances of Coulee Dam, Washington, particularly with respect to the assessment of penalties for violation thereof.

(d) The undersigned acknowledges the provision of electrical service to the premises is limited to the current use applied for by the undersigned applicant. No expansion of such use shall be made by the undersigned or the successors of the undersigned, without the express, written approval of the town of Coulee Dam. The future subdivision, segregation, development or sale of the property shall not create a right to additional or expanded town electrical services.

(e) This agreement shall be binding upon all successors in title to the aforementioned premises and shall constitute a covenant running with the land.

Dated this ______ day of __________, _____ (year).

_______________ Applicant

STATE OF WASHINGTON )

) ss.

COUNTY OF__________ )

On this day personally appeared before me __________________ to me known to be the individual(s) in and who executed the within and foregoing instrument and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned.

GIVEN under my hand and official seal this _______ day of __________, ______ (year).

Notary Public in and for the State of Washington residing at ____________________.

(4) Until such time as the town superintendent shall prepare and file with the town clerk his plan for connection of town electrical users outside the town limits (Schedule 8, subparagraph (1)), any applications for connections outside the town limits shall be referred to the town council for approval.

SCHEDULE 7

POLE CONNECTIONS

Availability:

(1) Application can be submitted to the town council for a contractual agreement to install and attach their cable to the town’s utility poles.

(2) The applicant licensee shall contract, operate and maintain its cable and necessary appurtenant structures and works in a substantial, good and workmanlike manner and in full compliance with the laws of the state of Washington, and with all laws, regulations and orders of the town and any other public authority affecting such cables and works.

Rates:

Rates shall be established by ordinance, resolution, schedule or by the agreement itself.

SCHEDULE 8

UNDERGROUND

EXEMPTIONS

(1) The town council may vary or modify the application of any of the underground utility requirements in cases where there are practical difficulties or unnecessary hardships in the way of such strict application, and in no other case.

(2) Written application for an exemption shall accompany the application for underground construction plus any applicable fees or charges. Said application shall be transmitted forthwith to the town council for their approval.

(3) The applicant shall present a statement and adequate evidence, in such form as the town planning commission may require. The town council shall not permit the exemption unless they find that:

(a) There are special circumstances or conditions applying to the land, building or use referred to in the application;

(b) The granting of the application is necessary for the preservation and enjoyment of substantial property rights;

(c) The granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use and will not be detrimental to the public welfare or injurious to property or improvements in said neighborhood.

SCHEDULE 9

DEMAND METERS

(1) Demand charge: first _____ kilowatts of demand per month, no demand charge, excess over _____ KW of demand per month shall be assessed an additional charge.

(2) Determination of demand: demand measurement shall be made by suitable instruments at the point of delivery. Demand for any month shall be defined as the average kilowatt delivery during the 15-minute period in which the consumption of energy is the greatest during the month for which determination is made.

Rates:

Rates shall be established by ordinance or resolution. (Ord. 456 § 49, 1994)

13.10.500 Liens.

All charges for electrical service, connections and other charges authorized by this chapter, together with penalties and interest, shall be a lien upon the property upon which such connection is made, electrical service is rendered, or other services rendered, superior to all other liens and encumbrances, except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law for the enforcement of the same. (Ord. 456 § 50, 1994)