City of Troy, Kansas                                  Created Jan 14, 2011

CITY OF TROY,KANSAS

ORDINANCE NO. 704

AN ORDINANCE OF THE CITY OF TROY, KANSAS, FIXING CHARGES TO CONSUMERS OF ELECTRIC ENERGY FURNISHED BY THE CITY OF TROY, PROVIDING FOR THE USE OF A POWER COST ADJUSTMENT FACTOR COMPUTING CHARGES FOR ELECTRIC ENERGY SOLD AND DELIVERED BY THE CITY OF TROY, PROHIBITING ANY TAMPERING WITH AN ELECTRIC METER, PROVIDING PENALTIES FOR VIOLATING CERTAIN PROVISIONS OF THIS ORDINANCE, PROVIDING FOR A DELINQUENT CHARGE AND FOR THE BILLING AND COLLECTION OF ELECTRICAL ENERGY CHARGES, PROVIDING FOR A SECURITY DEPOSIT PRIOR TO THE FURNISHING OF ELECTRICAL SERVICE, PROVIDING FOR THE APPLICATION OF THE ELECTRICAL SECURITY DEPOSIT TO THE SATISFACTION OF UNPAID ELECTRIC UTILITY ACCOUNTS, AND REPEALING CITY OF TROY ORDINANCE NO. 676 AND ALL OTHER ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OFTROY,KANSAS:

            SECTION 1.   From and after the passage of this ordinance and publication in the official city paper, the electric rates hereinafter set forth shall be in effect for all electric energy supplied to users thereof by the City of Troy, Kansas.

            SECTION 2.   Electric service shall be furnished under rate schedules provided in this section to all domestic and commercial users whose usage of electricity is not measured by capacity meter and to users whose use of electricity is measured by a capacity meter but who are not subject to being assessed a capacity charge.

A.        SUMMER RATES:  Summer rates shall be utilized in connection with the billings which follow the meter readings in the months of July, August and September.  Under summer rates, each customer shall pay:  (1) $0.2022 per KWH for the first 100 KWHs used; and (2) $0.1217 per KWH for all additional KWHs used (above 100 KWHs).

            B.        WINTER RATES:  Winter rates shall be utilized in all months not subject to summer rates.  Under winter rates, each customer shall pay:  (1) $0.2022 per KWH for the first 100 KWHs used; and, (2) $0.1217 per KWH for the next 650 KWHs used (101 to 750 KWH); and (3) $0.0647

                        per KWH for all additional KWHs used (above 750 KWH).

All users billed pursuant to Section 2 hereof shall pay, as their monthly bill, such amount as is due in accordance with the rates stated in said section or the sum of $10.54, whichever is greater.  This provision regarding the payment of a minimum monthly bill of $10.54 shall be applicable under both summer and winter rates.

            SECTION 3.   Electric service shall be furnished under rate schedules provided in this section to all domestic and commercial users within the city limits of the City of Troy, Kansas, whose usage of electricity is measured by a capacity meter, sometimes referred to as a demand meter and who is, according to the terms and provisions of this ordinance, subject to being billed a capacity charge.

            A.        SUMMER RATES:    Summer rates shall be utilized in connection with the billings which follow the meter readings in the months of July, August and September.  Under summer rates each customer whose usage of electricity is measured with a capacity meter shall pay:

(1)        $0.2022 per KW for the first 100 KWHS USED; and,

(2)        $0.1217 for the next 3,900 KWHs used; and

(3)        $0.0647 per KWH for all usage over 4,000 KWHs.

In addition to the KWH charges herein set forth each consumer whose usage of electricity is measured with a capacity meter and who uses 15.1 KWs or more shall pay a capacity charge of $18.24 per KW as measured by a fifteen minute capacity meter and calculated as provided in Section 3C of this ordinance for all KWs in excess of 15.1.

B.        WINTER RATES.      Winter rates shall be utilized in all months not subject to summer rates.  Under winter rates, each customer whose usage of electricity is measured with a capacity meter shall pay:

(1)       $0.2022 per KWH for the first 100 KWHs used; and,

                        (2)        $0.1217 per KWH for the next 3,900 KWHs used; and

                        (3)        $0.0647 per KWH for all usage over 4,000 KWHs.

                        In addition to the KWH charge herein set forth, each consumer whose usage of electricity is measured with a capacity meter and who uses 15.1 KWs or more shall pay a capacity charge of $15.21 per KW as measured by fifteen minute capacity meter and calculated as provided in Section 3C of this ordinance for all KWs in excess of 15.1.

                        C.        ESTABLISHMENT OFYEARLYPEAK.  In October of each year, a user’s peak demand for the next ensuing 12 month period shall be set at the maximum reading shown on the user’s capacity meter in the month the City ofTroyregisters its peak delivery for the preceding 12 month period.

                        D.        ASSESSMENT OF CAPACITY CHARGE.  Except as hereinabove provided, no electrical customer of the City of Troy, Kansas, shall be assessed a capacity charge unless said customer's electrical usage was measured by a capacity meter for the period utilized in establishing the yearly peak and the customer also, in said month, used more than 4,000 KWHs of electricity or used more than 15.1 KW as measured by a 15 minute capacity meter.  All electrical customers of the City of Troy who had their electrical usage measured by a capacity meter for the period utilized in establishing the yearly peak and who also in said month used more than 4,000 KWHs of electricity or used more than 15.1 KW as measured by a 15 minute capacity meter shall be assessed a capacity charge.

                        E.         ROUNDING OF AMOUNT.  Any time the rate schedule herein set forth indicates that a fraction of a cent is due, such shall be, for billing purposes, rounded up to the next whole cent.

            SECTION 4.   The City ofTroyshall have the right to install a capacity meter at any location where:

            (1)        The user has, in any billing period subsequent to December, 1982, used more than 4,000 KWHs of electricity; or,

            (2)        The user's demand may reasonably be expected to exceed 15.1 KW as measured by a 15 minute capacity meter.

The City shall have the discretionary right to determine where and when capacity meters will be installed pursuant to this ordinance and the City is not obligated to provide any capacity meter to any given place or user.  In the event a customer shall request the installation of a capacity meter, the city shall have the absolute discretionary authority to grant or deny said request.

            SECTION 5.   Electrical capacity will, for the purpose of this ordinance, be measured by a 15 minute capacity meter, or in lieu thereof, by any other method that measures capacity provided that such a method is designed so as to not measure a higher capacity during any billing period than would be measured by a 15 minute capacity meter in constant operation.

            SECTION 6.   In addition to all other charges due pursuant to the terms and provisions of this ordinance, all electric customers who have a "Dusk to Dawn" outdoor light which are owned and maintained by the City and supplied by the City with unmetered electricity, shall pay the following charge:

            (a)        For each 100 watt unit, the sum of $8.76 per month; and,

            (b)        For each 250 watt unit, the sum of $14.09 per month; and

            (c)        For each 400 watt unit, the sum of $16.72 per month.

            SECTION 7.   Electric service may be supplied by the City ofTroyat points on the City's electrical distribution system outside the limits of the City ofTroyat the same rates provided for in Sections 2 and 3 of this ordinance.  However, in addition to paying for electrical energy used according to the rates herein provided each customer outside the city limits shall also pay a monthly "service fee" of $6.77 which shall be added to the regular charges as they are calculated pursuant to the provisions of Sections 2 and 3 hereof.

            SECTION 8.  In addition to the charges elsewhere provided for in this ordinance, each electric customer of the City of Troy shall pay a monthly power cost adjustment factor for the electric energy consumed by such customer during the period for which the customer is billed in an amount equal to the total KWHs consumed by each customer during the period for which billed, multiplied by the power cost adjustment factor, if any.  The power cost adjustment factor shall be computed each month according to the method outlined in Section 9.  Such power cost adjustment charge shall be billed by the City to its customers monthly at the same time as other charger hereinabove provided for are billed and the same shall constitute a part of the total electric energy bill of the customer for the period stated, and shall be due and payable at the same time as other monthly charges pursuant to this ordinance.

            SECTION 9.  All users of electrical energy supplied by the City ofTroy, both inside and outside the limits of the City, shall be subject to a power cost adjustment factor (PCA).  The power cost adjustment factor shall be calculated monthly as follows:

            a)         The rates for energy for all rate schedules shall be increased or decreased by $0.00001 per KWH for each $0.00001 increase or decrease in the aggregate cost of power per KWH as computed by the following formula:

            This Power Cost adjustment will be applicable to all rate schedules offered by the City.  The cost of power during the base period is $0.06531 per KWH and the average system loss factor is 110.0%.

            SECTION 10. All users of electrical energy supplied by the City ofTroywho do not have their electrical use metered by a capacity meter shall not install individual electric motor units exceeding five horsepower unless otherwise agreed upon by the City prior to installation.  No user of electrical energy whose usage is metered by a capacity meter shall install individual electric motor units exceeding five horsepower unless the same are three phrase when three phase service is available.  Individual motor units rated at ten horsepower or more shall not be used unless equipped with starting equipment satisfactory to the City.

            SECTION 11. Sub-metering and the resale of electric energy by customers of the City ofTroyis prohibited.

            SECTION 12. (a) Bills for electric service shall be rendered monthly and shall be calculated according to the provisions of this Ordinance.  Bills shall be dated the first day of each month and if not paid within ten days, an additional charge of ten percent (10%) of the gross amount of the total bill shall be assessed against the customer.  If bills are not paid within twenty (20) days after the date hereof, service may be discontinued.  Where services have been discontinued, there shall be a service charge of One Hundred Dollars ($100.00) per meter for the reconnection of services.  (b)  Customers who are not owners of record of real estate in the City of Troy and who have a meter installed after the effective date of this ordinance shall advance to the City Clerk a deposit of One Hundred Dollars ($100.00) for each meter installed as a guarantee that electric energy used will be paid for, and said deposit shall be used for the payment of charges or bills for electric power used when the same remain due and unpaid for more than twenty (20) days.  No electric meter shall be installed until payment of the deposit herein provided for.  Any customer having made a security deposit of One Hundred Dollars ($100.00) as herein provided or a deposit of some lesser amount as provided for in any previously enacted ordinance shall be entitled to the return of that deposit if the customer has for a period of two years paid all bills in full and on or before the date such was due.  (c)  Tenants of mobile homes seeking to establish electric service to such mobile homes shall advance a deposit of $240.00 to the City Clerk prior to connection of services.  Said deposit shall be used for the payment of charges or bills for electric power used when the same remain due and unpaid for more than twenty (20) days.  No electric meter shall be installed nor electric service be reconnected until payment of the deposit herein provided for.

            SECTION 13. It shall be unlawful for any consumer of electricity or for any other person, to tamper with electric lines carrying electrical current or any meter installed by the City, alter any meter readings, or to "jump" or so wire the premises so as to bypass a meter in order to prevent the registry on a meter of passing current.  Any person violating this section shall be fined a sum of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) and shall be subject to disconnection of electrical service.

            SECTION 14. Ordinance No. 676 and all other ordinances and parts of ordinances in conflict herewith are hereby repealed.

            SECTION 15. This ordinance shall be in full force and effect from and after its publication in the official city paper. Passed by the Council and approved by the Mayor the 20^th day of March, 2018.

                                                                s/n Robert Jenkins, Mayor

                                                         _____________________________________

                                                                  Robert Jenkins, Mayor

ATTEST:___s/n Jane M. Boeh, City Clerk______________________________

   Jane M. Boeh, City Clerk