Chapter 13.05
UTILITY SERVICES PROVIDED BY TOWN OR FRANCHISE

Sections:

13.05.010    Authority of town to provide services.

13.05.020    Furnishing of services by anyone other than town or franchised distributor.

13.05.030    Purchasing, etc., services from anyone not franchised.

13.05.040    Right of town to acquire property of unfranchised service.

13.05.045    Delinquency, disconnection.

13.05.050    Deposits for utility service.

13.05.010 Authority of town to provide services.

It is hereby declared to be the public policy of the town to preempt the exclusive power and authority to provide, furnish and distribute unto the citizens and occupants of the town and residing in or maintaining a place of business within the corporate limits of the town, all electrical power, all natural gas service, water service, television service, radio service, telephone and telegraph service, transportation and other utility services used by the citizens of the town, required by the citizens or subsequently furnished to the citizens, now or in the future; except such services that shall be provided by persons who have been granted a franchise from the town. [Amended during August 1984 supplementation. 1996 Code § 16-1. Prior Code § 28-101.]

    For state law as to authority of town to grant utility franchises, see WS, 1977, 15-1-103.

13.05.020 Furnishing of services by anyone other than town or franchised distributor.

No person shall sell, provide, distribute or otherwise furnish electrical power, natural gas service, telephone service, telegraph service, water for domestic use and service, radio service, television service or other public utility service within the incorporated limits of the town; unless such person or public utility shall have first been granted a franchise and authority therefor to so do by the governing body. [Amended during August 1984 supplementation.1996 Code § 16-2. Prior Code § 28-102.]

13.05.030 Purchasing, etc., services from anyone not franchised.

No person shall purchase, obtain, receive, use or consume any electrical power, any natural gas, telephone service, telegraph service, water for domestic use and service, radio service, television service or other public utility service within the corporate limits of the town, from any source other than the town or a person or company who shall have first been granted a franchise and authority to so furnish such service by the town. [Amended during August 1984 supplementation. 1996 Code § 16-3. Prior Code § 28-103.]

13.05.040 Right of town to acquire property of unfranchised service.

The town shall have the right to acquire by eminent domain all poles, lines, fixtures, pipelines, mains, and appurtenances of whatever nature of any electric company, telegraph company, telephone company, gas company, water company, television distributing company, radio distributing company, transportation company and of any other public utility company, association or corporation, so providing or undertaking to provide and furnish any of such public utility services within the corporate limits of the town when such public utility, company, association, corporation or otherwise is not then and there the holder of a franchise granted by the town to so provide such services. [1996 Code § 16-4.]

    For state law as to authority of town to exercise power of eminent domain, see WS, 1977, 15-1-103.

13.05.045 Delinquency, disconnection.

(a) Delinquency. All accounts shall be paid in full by the fifteenth day of the month (NET 15). Any account with a remaining balance after the due date shall incur a $10.00 late payment fee.

(1) If the fifteenth falls on a weekend or holiday, the utility bill shall be due the next business day.

(b)  Disconnection. Any account with a balance on the twenty-fifth day of the month shall be subject to disconnection.

(1) All disconnected accounts must be paid in full plus a reconnect fee of $50.00 for residential/$100.00 for commercial service.

a. A customer’s deposit may be applied to the utility bill by the town of Wheatland and any remaining balance shall be refunded to the customer of record.

(2) If the twenty-fifth falls on a weekend or holiday, disconnection shall fall on the next business day. [Ord. 796 §§ 3, 4, 2016.]

13.05.050 Deposits for utility service.

(a) Establishment of Service. The town of Wheatland may conduct credit history reviews and reserves the right to refuse service for credit risk or unpaid balances.

(b) Deposits. The town of Wheatland will collect security deposits for utilities and services. The town reserves the right to adjust deposit rates (higher or lower) based on credit risk.

Standard deposit rates shall be:

Residential

$350.00

Residential All Electric

$450.00

Commercial/Business

$750.00

[Ord. 796 §§ 1, 2, 2016; Ord. 752 §§ 1, 2, 2010; Ord. 416 § 2. 1996 Code § 16-5.]