Ordinance 130-15

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ORDINANCE NO.  130-15

AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 28

OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, AS AMENDED, PERTAINING TO OPS GENERAL SERVICE RULES AND REGULATIONS; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment. That Article VIII of Chapter 28 of the Code of Ordinances of the City of Opelika, Alabama, entitled “OPS General Service Rules and Regulations”, is hereby amended to read as follows:

ARTICLE VIII. – OPS GENERAL SERVICE RULES AND REGULATIONS

Sec. 28-401. – General.

These rules and regulations are intended to set forth the rights and obligations of the city as well as those of the customer with the respect to the supply and use of electric, video (television), data (Internet) and voice (telephone) services. These rules and regulations are established as and for the conditions under which the city will provide services to a customer. This article covers most of the recurring situations where standardized policies and practices have been established. To the extent necessary, the director of the city power services shall cause to be prepared such supplementary administrative rules, specifications and forms as are consistent and necessary to properly enforce these general rules and regulations.

Sec. 28-402. – Definitions.

Whenever used in this article, the following words and phrases shall have the meanings herein specifically ascribed to them:

Applicant shall mean any person who makes application for services from the city power services department.

City shall mean the city of Opelika, Alabama.

Customer shall mean any person, partnership, association, firm, corporation or other entity taking service from the city power services.

CSR shall mean customer service representative of the city power services department.

Director shall mean the director of the city power services department.

OPS shall mean the Opelika Power Services Department of the city.

Person shall mean and include any natural person, firm, corporation, partnership, association, organization or any other entity.

Service or services shall mean electric, video (television), data (Internet) and voice (telephone) or any other services provided by OPS.

Sec. 28-403. – OPS’ responsibility to the customer.

Services rendered will be non-discriminatory in nature within any class or service provided. No person within a single class of service will receive preferential treatment.

Sec. 28-404. – OPS’ right to refuse or discontinue service.

OPS reserves the right to refuse to serve or to discontinue service to a customer for sufficient cause including but not limited to the following:

(1) For violation of or non-compliance by the customer of any of OPS’ rules, regulations, policies, or contract service agreement.

(2) The furnishing of service would be detrimental to the safe and continued operation of OPS’ facilities, equipment or systems.

(3) Any connected appliances or devices are not properly installed, of improper design or capacity or are in such condition that unsafe operation of any component, appliance or service is likely.

(4) Customer has not complied with all applicable provisions of these service rules and regulations or any applicable codes and ordinances.

(5) The customer has attempted to tamper with or interfere with the proper operation of OPS’ equipment including but not limited to meters, regulators, and control devices.

(6) OPS is instructed to withhold service by any authority having such jurisdiction.

(7) The customer’s failure to pay any bill before the delinquent date as provided in section 28-415.

(8) The person requesting service or installation of service equipment currently owes OPS a delinquent amount for utility services previously provided, whether to the same or different premises.

(9) The person requesting service or installation of service equipment owes OPS a delinquent amount for service equipment previously provided, whether to the same or different premises.

(10) For unauthorized use of services.

Sec. 28-405. – Application for service.

Each prospective customer desiring electric, video (television), data (Internet), voice (telephone), or any other service shall be required to sign OPS’ standard form of application for service or a contract before service is supplied by OPS. Requests for new service must be made in person at OPS’ customer service center located at 600 Fox Run Parkway.

When applying for new service, proof of identification is required. Two (2) forms of identification (government issued) are required to establish service with at least one being from the primary forms list. One item of ID must include a photograph of the applicant. Acceptable identification:

PRIMARY FORMS SECONDARY FORMS

Valid Driver’s License Social Security Card

State-Issued Non-Driver’s

License ID with photo

-not expired Birth Certificate (certified copy)

US Passport Voters Registration

Gun Permit with Photo Medicaid or Medicare Number (can verify number on Online Utility Exchange)

US Military ID Card W-2 Forms

FAA Issued Pilots License Individual Tax Identification Number (ITTN)

Matricula Consular ID Card Hunting, Fishing, or Gun permit (without photo)

or similar forms if ID issued by other national governments

Federal Government issued ID – not expired Selective Service Identification Card

Permanent resident card or alien registration receipt card (Form I-551) Naturalization Document

Foreign passport with Form I-94 or I-94A Employee Identification Card

Employment authorization document that contains a photograph (Form I-766)

Employee Identification Card

Employment authorization document that contains a photograph (Form I-766)

Bureau of Indian Affairs Card or American Indian Card

US Naturalization Document  Certificate of citizenship issued by U.S. Citizenship and Immigration Services

 

The customer’s service will not be connected to OPS’ system until all applicable conditions and provisions of these rules and regulations have been met. Electric service will be connected the same day if application is made prior to noon pending approval from the inspections department and if required, pending verification of all required documents and payment of all fees and deposits.

The application, as accepted by OPS, constitutes a contract and will become effective on the day the customer is provided service by the city. Under some circumstances OPS may require that the customer enter into a separate written agreement for service. Any agreement executed between OPS and the customer shall be in effect on the day specified as the effective date in the agreement.

Sec. 28-406. – Deposits.

A deposit may be required at the option of OPS from an applicant for services to guarantee the payment of all bills and the protection of OPS’ equipment on the customer’s premises. For residential customers, the deposit will be in the form of cash. For commercial and industrial customers, the deposit will be in the form of cash, approved surety bond or irrevocable letter of credit. Electric, refuse, telecom deposits may be required according to the customer’s credit rating. Deposits are not billable. When service is terminated, deposits may be applied by OPS against any unpaid bills of the customer. If any balance remains after such application is made, said balance shall be refunded to the customer. OPS may require a separate deposit for each customer account. Deposits remain on file until services are disconnected or final billed or the deposit is refunded to the customer. Deposit amounts are as follows:

Electric Residential Deposit: Based on Experian National Risk Model = $0.00 (Green)

Based on Experian National Risk Model = $200.00 (Yellow)

Based on Experian National Risk Model = $300.00 (Red) up to two times the preceding twelve month average at the service location

Electric Commercial Deposit: $300.00 minimum or two times the estimated high bill at location. If a new service location, the estimated bill will be determined by OPS using load data provided by the customer.  The deposit may be reviewed and adjusted after one year of usage.

Garbage/Refuse Deposit: Based on Experian National Risk Model = $0.00 (Green)

Based on Experian National Risk Model = $25.00 for OPS power customers and $50.00 for non-OPS power customers

Based on Experian National Risk Model = $25.00 for OPS power customers and $50.00 for non-OPS power customers

Telecom Residential Deposit: Based on Experian National Risk Model = $0.00 (Green)

Based on Experian National Risk Model = $125.00 (Yellow) or the total of one month’s service fees, whichever is higher

Based on Experian National Risk Model = $200.00 (Red) or the total of one and half month’s service fees, whichever is higher.

Credit Scores: Green 685—850

Yellow 630—684

Red 0—629

Note: A yellow flagged customer may have a deposit waived based on past bill payment experience with OPS. If a customer wanting telecom service has no non-sufficient funds or returned checks, they may qualify for no deposit for telecom services. The management of OPS or their designee will make that determination based on a customer’s past payment experience and the Experian risk model information. All customers that are flagged yellow will be considered equally when determining their qualification for deposit waiver.

Telecom Business Deposit:

$250.00 or the total of one month’s service fees, whichever is higher.

Sec. 28-407. – Payments.

(a) Payments can be made in person at OPS’ customer service center located at 600 Fox Run Parkway. Office hours are 8:00 a.m. to 4:30 p.m., Monday thru Friday, except for holidays. For the customer’s convenience, a drive-thru window and night depository is provided at this location. OPS will not be responsible for night deposit cash payments.

Payments can be mailed to:

Opelika Power Services

Post Office Box 2168

Opelika Al 36803-2168

Online payments can be made 24/7 at www.opelikapower.com. Payments are posted to the account immediately.

Bank draft is offered free of charge. Signature on an authorization form and a voided check is required. Billing statement notifications will be provided each month stating the draft date and amount.

(b) Returned checks. A written notice will be sent upon receipt of a returned check. Customers will have five (5) days from the date of the letter in which to redeem the check. A thirty dollar ($30.00) redemption fee will be assessed. If the check is not redeemed, the electrical service will be scheduled for disconnection and a fifty dollar ($50.00) non-payment fee will be assessed. Once an account has been scheduled for disconnection, the check, all fees and all outstanding account balances must be paid with cash in full. After two (2) returned checks for insufficient funds in a twelve (12) month period, accounts will be placed on a “cash only” status. All other returned checks (closed account, stop payment, etc.) are placed on “cash only” immediately. If a customer is placed on “cash only” status, he/she is required to pay with cash or money order for a period of two (2) years. At the expiration of two (2) years, checks will again be taken on the account. However, if a check is ever returned again after the account has been re-activated to accept checks, the account will be placed on “cash only” basis permanently. Checks must be redeemed by cash payment at OPS’ customer service center located at 600 Fox Run Parkway. Night deposit and mail payments will not be accepted for returned check redemption. Accounts reflecting a returned check are subject to review. An increase in deposit may be required. Service will be terminated immediately, without notification, if a deposit payment is returned unpaid by the customer’s bank or if an account payment is returned on a closed bank account.

(c) Returned bank drafts. Any returned bank drafts will be treated the same as a returned check. There will be a thirty dollar ($30.00) redemption fee for each return draft. Drafts will not be re-submitted and must be redeemed by cash payment at the customer service center. After two (2) return drafts, the account will be removed from bank draft and placed on a “cash only” status and the above stated rules apply. To remove an account from bank draft, the customer may call OPS’ customer service center at 334-705-5170. All pending bank drafts must have cleared the customer’s bank in order to be removed from bank draft. Pending bank drafts cannot be changed or stopped.

Sec. 28-408. – Point of delivery.

The point of delivery of service to a customer’s premise is designated by OPS. All wiring and equipment beyond this point of delivery (except by special written agreement) shall be installed, owned, and maintained by the customer at no expense to OPS with the exception of the meter, the optical network terminal and the television set top boxes. Customer shall provide adequate right-of-way, as determined by OPS, for extension of service from OPS’ existing facilities to the point of delivery. OPS shall not be liable for accidents or damages that occur on customer’s equipment or facilities located beyond delivery point.

Sec. 28-409. – Customer’s wiring standards.

All customer wiring must conform to governmental requirements and accepted modern standards, as exemplified by the requirements of the national electrical safety code, the national electric code, and other applicable codes and standards.

Sec. 28-410. – Electric customer premise inspections.

OPS shall have the right, but shall not be obligated, to inspect any installation before electricity is introduced, or at any later time. OPS reserves the right to reject any wiring, or appliances not in accordance with OPS’ standards. Such inspection or failure to inspect or reject shall not render OPS liable or responsible for any loss or damage resulting from defects in the installation, wiring or appliances, or from violating OPS’ rules, or from accidents, which may occur upon customer’s premises.

Sec. 28-411 – Underground service lines.

Customers desiring underground service lines from OPS’ overhead system will be required to bear the excess cost associated with delivery of service. Conditions, specifications, and terms for such construction will be furnished by OPS upon request.

Sec. 28-412 – Customer’s responsibility for OPS’ property.

All meter, service connections, and other equipment furnished by OPS shall be, and remain, the property of OPS. Customer shall provide a space for and protect the property of OPS on customer’s premises. In the event of loss or damage to OPS’ property, the customer will be responsible for the costs of necessary repairs and/or replacement.

Sec. 28-413. – Right of access.

OPS’ identified employees shall have safe access to customer’s premises at all reasonable times for the purpose of reading meters, testing, repairing, removing, exchanging, or inspecting any or all equipment and facilities belonging to OPS. OPS may, at its discretion, utilize or upgrade existing facilities on the customer’s premise for the additional purpose of serving other properties.

Sec. 28-414. – Billing.

Bills will be rendered monthly and shall be paid by the due date or delinquent date specified on the bill. Due dates shall be established at such periods after billing dates as are specified by OPS. The due date shall not be earlier than ten (10) days after the billing date. Due dates cannot be changed. Bills paid after the due date specified on the bill shall be subject to an additional late charge of the greater of five dollars ($5.00) or five (5) percent of the bill amount. Delinquent accounts are subject to review and may result in the requirement of additional deposit. Failure to receive a bill due to mail delivery or other reasons will not release customer from payment obligation. Should the due date of a bill fall on a Saturday, Sunday, or holiday, the next business day following the due date shall be held as the due date for delivery of payment at OPS’ main office or authorized collection agency. Customer shall be obligated for payment of expenses associated with mailing the notice of termination of service, which amounts shall be specified on the notice. Bills shall be paid in lawful United States currency or coin or other acceptable form of payment such as credit card. Customer shall also be obligated to pay OPS an amount established by OPS for expenses incurred by OPS in the processing of checks improperly drawn, not acceptable for processing using normal commercial banking practices, or returned to OPS unpaid by customer’s bank.

Electric budget billing – OPS offers “budget billing.” The system calculates a monthly budget amount for electricity, which is based on the past twelve (12) month’s consumption/charge history. The total monthly bill amount will vary slightly each month, as tax and fuel cost are not included in the calculation. Budget bills are re-calculated each December. Budget amounts may increase or decrease based on the customer’s consumption for the past twelve (12) months. If an account is terminated from budget billing, deferred balances will be due and payable at that time. Accounts are subject to review prior to being set up for budget billing as certain criteria may apply.

Minimum bills – OPS may not disconnect electrical service to any premise for nonpayment of a delinquent bill that is ten dollars ($10.00) or less.  Furthermore, a delinquent penalty shall not be added to a delinquent bill unless the amount of the account exceeds ten dollars ($10.00)

The director or his designee shall have the right to extend the time of payment of any account in the event of undue hardship. It is the intention of this section that the director shall grant an extension only to overcome some exceptional difficulty that prevents the customer from paying his/her bill by the due date or to avoid a situation that threatens the life or safety of the occupants of any premises served by OPS. All requests for an extension must be submitted to the director prior to the disconnect date.

Sec. 28-415. – Discontinuance of service by OPS for non-payment.

(a) At any time after a customer’s account has become delinquent, OPS shall give to the customer at least five (5) days’ written notice of its intention to discontinue service of his/her account. After the lapse of period specified in the written notice, if the account has not been paid in full, OPS, notwithstanding any deposit referred to in section 28-406, may then discontinue service without further notice subject to the following specific provisions:

(1) The customer shall have the right of paying such delinquent account, which shall include any subsequent bill for service which has become delinquent, at any time prior to the actual disconnection of his/her service.

(2) Payment by the customer, as set out in subsection (1), at OPS shall not affect OPS’ right during the day payment is received to disconnect service for non-payment, if such payment is unknown to employee disconnecting such service.

(3) The customer making payment in accordance with subsection (2) will not, in case his/her service is disconnected following payment the same day, be required to pay any reconnection charge. A reconnection charge will apply if OPS has certain knowledge that payment was made following disconnect.

(4) No service shall be cutoff for non-payment after 3:30 p.m. on any date immediately preceding a day or days when OPS’ business office will be closed.

(5) No residential electric service shall be disconnected for non-payment when the temperature at that location is forecasted to be 32° Fahrenheit or below for that calendar day. The controlling forecasted temperature for a particular location shall be the temperature forecasted by the national weather service for that location on the calendar day in question.

(b) The notice required in subsection (a) shall have a heading, in bold letters, of “disconnect notice”, “termination notice”, “final notice” or “cutoff notice”. Such notice shall also state the telephone number and address of OPS where the customer may make inquiry about the written notice or any dispute concerning the notice. OPS shall delegate to at least one employee in its customer service office the authority to change any service billing that is in error.

(c) OPS shall delegate to at least one employee the power to extend deadline for payment, to enter into agreements to receive the amount of the bill and installments, and to correct errors in bills. This person shall be reasonably available to receive appropriate complaints or inquiries.

(d) Whenever service is disconnected for non-payment and the customer requests that service be restored, except as provided in subsection (a)(3), a reconnection fee in the amount of fifty dollars ($50.00) for each respective service shall be added to the customer’s delinquent account and shall become due and payable as part of the account for service rendered and shall be paid before service is restored along with all of the amounts owing on the customer’s account which were specifically referred to in the delinquent notice, together with all amounts owing on the customer’s account which has subsequently become delinquent.

(e) Notice of OPS’ intention to discontinue service as required in subsection (a) shall be considered to be given to the customer when a copy of such notice is left with such customer, left at the premises where service is rendered, or posted in the United States mail addressed to the customer’s last known post office address. If the notice is posted in the United States mail, it shall be delivered to the post office at least five (5) calendar days before service is to be disconnected.

(f) OPS may decline to serve an applicant or disconnect a customer who is indebted to OPS for services at a former location or at the present location of the applicant or customer or where such indebtedness was incurred by a member of the applicant’s or customer’s household, either under the name of the applicant or customer, or another name. Provided, however, applicant shall be served or customer’s service shall be continued upon complying with the deposit required in Section 28-406 and in addition thereto making a special deposit in an amount equal to the net balance in dispute. Upon settlement of the disputed account, the balance, if any, due to the applicant or customer or a member of the applicant’s or customer’s household shall be promptly repaid.

(g) Life Support.  The customer is responsible for notifying OPS, in writing, with letter from the attending physician, if a life-support system is present in the residence to avoid disconnection of service in the event of nonpayment.

Sec. 28-416. – Discontinuance or suspension of service for reasons other than the non-payment of service bill.

Service may be refused or discontinued for any of the reasons listed below. Unless otherwise stated the customer shall be allowed a reasonable time in which to comply with the provisions of this section before service is discontinued. Service may be discontinued or suspended for the following reasons:

(1) Without notice in the event of a condition on the customer’s premises determined by OPS to be hazardous.

(2) Without notice in the event of customer use of equipment in such a manner as to adversely affect OPS’ equipment or OPS’ service to others.

(3) Without notice in the event of tampering with the equipment furnished and owned by OPS.

(4) Without notice in the event of unauthorized use.

(5) For failure of the customer to permit OPS reasonable access to its equipment for inspection, securing a meter reading, etc.

(6) For violation of and/or non-compliance with OPS’ rules and regulations.

(7) For failure of the customer to fulfill his/her contractual obligations for service.

In the event service is disconnected due to a hazardous condition through no fault of the customer, the reconnect charge will not apply.

Sec. 28-417. – Connect, reconnect, and disconnect services and charges.

OPS has established and will collect standard charges to cover the reasonable average cost, including administration of connecting service, reconnecting service, or disconnecting service. Higher charges may be established and collected when connections and/or reconnections are performed after normal office hours, or when special circumstances warrant. When connecting service, a connection fee of forty dollars ($40.00) will be assessed and is non-refundable. A request for transfer of service must be made in person at OPS customer service center, located at 600 Fox Run Parkway. Proof of identification is required. All previous account balances must be paid in full prior to transferring service. Requirements to update the customer’s electric and/or refuse deposit may exist. A twenty -five dollar ($25.00) fee is required for electric and refuse service transfer. This fee is not billable and is non-refundable.

Request for service disconnection may be initiated by calling OPS’ customer service center at 334-705-5170. Information verification is required. Deposits will be applied to any outstanding account balance. Statements will be mailed approximately seven (7) to ten (10) days after termination of service. Refund checks are mailed independently of statements. A service call fee of eighty dollars ($80.00) will be assessed for problems beyond OPS’ control and not within its responsibilities or if the service call was unwarranted in the judgment of OPS. OPS does not reconnect service after hours except in emergency situations. If service is reconnected after 4:30 p.m., or on a Saturday, Sunday or legal holiday, an after hour service charge of one hundred twenty dollars ($120.00) will be required. Accounts will be scheduled for disconnection of service five (5) days after the delinquent date. A fifty dollar ($50.00) non-payment (delinquent) fee will be assessed at that time. Accounts may be assessed a non-payment fee without being disconnected. The disconnect fee is considered part of the account balance and must be paid to avoid disconnection or paid prior to reconnection. Accounts scheduled for disconnection are subject to review; a deposit increase may be required.

Sec. 28-418. – Administrative hearing prior to termination of service.

At any time prior to 4:30 p.m. on the day preceding the disconnect date, any customer may request in writing an administrative hearing before the director or his designee. No hearing shall be necessary if the customer does not request a hearing in writing. Upon such request, the director or his designee shall, as soon as practicable, fix a day and time for the administrative hearing. In any event, all disputes shall be heard by the director or his designee before the customer’s service is disconnected. The hearing shall offer the customer reasonable opportunity to be heard on any dispute concerning the amount of his/her bill or any other matter relating to the termination of the customer’s service. The customer may appear at the hearing in person or through a designated representative. The final decision of the director or his designee shall be made in writing and a copy of the decision shall be delivered to the customer either personally or by certified mail, postage prepaid, return receipt requested. If the director or his designee’s decision shall be to terminate the customer’s service, the date of termination shall be stated therein. All such decisions shall be final and binding upon the parties subject, however, to such remedies as any aggrieved party might have in law or in equity.

Sec. 28-419. – Termination of contract by customer.

Customers who have fulfilled their contract terms and wish to discontinue service must give at least three (3) days written notice to that effect, unless the customer’s contract specifies otherwise. A Customer’s notice to discontinue service prior to expiration of the customer’s contract term will not relieve customer from any minimum or guaranteed payment under any contract or rate schedule.

Sec. 28-420. – Service charges for temporary service.

Customers requiring temporary electric service may be required by OPS to pay all costs incurred in supplying, removing, connecting, and disconnecting service. This rule applies to circuses, carnivals, fairs, temporary construction, mobile homes not on permanent foundations, and like events.  A minimum charge of two hundred dollars ($200.00) shall be paid prior to connection of temporary electric service.  This service charge shall be made in addition to charges for consumption of electricity.  Charges will be calculated by the follow formulas:

Cost of overhead temporary service installation (includes up to 50 feet of additional overhead service conductor) (uses existing transformer and pole) $200.00

Cost of underground temporary service installation (includes up to 5 feet of underground service conductor) (uses existing transformer or secondary pullbox) $200.00

Cost of additional overhead service conductor, per foot $2.00

Cost of additional underground service conductor, per foot $7.50

Cost of lift poles set by OLP, each $200.00

Cost of installation of transformers or additional facilities calculated per job

his installation will be calculated by the following formula:

00{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} of labor, overhead, and equipment to install

0{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} of above to remove

0{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} of material used

Temporary service deposit (refundable) $150.00

Sec. 28-421. – Irregular service.

It is recognized by the parties that the availability of power to a customer may be interrupted or curtailed from time to time because of an “act of God”, acts by agents or employees of OPS constituting negligence, or otherwise. Because the customer is in the best position to provide and install special wiring, alternate supplies, or special devices to protect customer facilities and equipment, the customer assumes all risk of loss, injury or damage resulting from such interruptions or curtailments. OPS will use reasonable diligence to provide a regular and uninterrupted supply of electricity and/or telecom services, but shall not be liable for any loss, injury, or property damage resulting from failure to supply electricity and/or telecom services, interruption, delay in restoration, mechanical failure, single-phasing, voltage irregularity, fire, labor difficulties, riot, explosion, breakdown, external forces, flood, acts of God, or the public enemy.

OPS shall not be liable for any damage where customer’s wiring does not conform to applicable code or law. OPS shall not be liable for any damages that may result to customer or any other person, firm or corporation by reason of OPS’ implementation of any emergency load curtailment plan in effect between OPS and its sources of supply for electric power, including, without limitation, the state municipal electric authority.

Sec. 28-422. – Power quality degradation caused by customer.

Electric service must not be used in such a manner as to cause unusual fluctuations or disturbances to OPS’ system or to the electric service provided by OPS. OPS may require the customer, at his/her own expense, to install suitable apparatus which will reasonably limit such fluctuations or disturbances.

Sec. 28-423. – Additional load.

The service connection, transformers, meters, and equipment supplied by OPS for each customer have definite capacity, and no addition to the equipment or load connected thereto will be allowed except by consent of OPS. Failure to give notice of additions or changes in load, and to obtain OPS’ consent for same, shall render the customer liable for any damage to any of OPS’ lines or equipment or interruption of electric service provided by OPS caused by the additional or changed installation.

Sec. 28-424. – Standby and resale service.

All purchased electric service (other than emergency or standby service) used on the premises of customer shall be supplied exclusively by OPS and customer shall not directly or indirectly, sell, sublet, assign, or otherwise dispose of the electric service or any part thereof.

Sec. 28-425. – Single point delivery.

The published rates for each class of service are based upon the supply of service to the entire premises through a single delivery and metering point, and at a single voltage. Separate supply for the same customer at other points of consumption, or at a different voltage, shall be separately metered and billed.

Sec. 28-426. – Notice of trouble.

The customer shall notify OPS immediately should the service be unsatisfactory for any reason, or should there be any defects, trouble, or accidents affecting the supply of electricity. Such notices, if verbal, shall be confirmed in writing.

Sec. 28-427. – Non-standard service.

The customer shall be responsible for the additional cost compared to standard service installations, of any special installation necessary to meet customer’s specific requirements for service.

Sec. 28-428. – Meter tests.

OPS will from time to time make tests or inspections of its meters and billing records and will make special tests or inspections of its meters and billing records at the request of a customer. If a test or inspection shows that the customer’s bill is accurate within two (2) percent, no adjustment will be made in the customer’s bill, and if the test or inspection was requested by the customer, a testing charge in the amount of fifty dollars ($50.00) shall be charged to the customer. If a test or inspection shows that the customer’s bill is more than two (2) percent high or low, OPS will adjust the customer’s bill and the cost of any meter test requested by the customer will be borne by OPS. OPS will not collect from or reimburse the customer any undercharge or overcharge applicable to periods more than twelve (12) months prior to the date of the test or inspection.

Sec. 28-429. – Filing and posting.

A copy of these rules and regulations, together with a copy of OPS’ residential fiber optic services rate card shall be kept open to inspection at the offices of OPS.

Sec. 28-430. – Scope.

This schedule of rules and regulations, as amended from time to time, is a part of all contracts for electric and telecommunications service from OPS and applies to all service received from OPS, whether the service is based upon contract, agreement, signed application, oral application, telephone conversation, or otherwise. OPS’ obligation to provide electric service shall be subject to all limitations contained in the contracts under which OPS buys electric power from the state municipal electric authority or otherwise provided by applicable laws, rules, or regulations.

Sec. 28-431. – Revisions.

These rules and regulations may be revised, amended, supplemented, or otherwise changed from time to time. Such changes, when effective, shall have the same force as the present rules and regulations.

Sec. 28-432. – Conflict.

In case of conflict between any provisions of any rate schedule and the rules and regulations, the rate schedule shall apply.

Sec. 28-433. – Shortage of electricity.

In the event of an emergency or other condition causing a shortage in the amount of electricity for OPS to meet the demand on its system, OPS may, by an allocation method deemed equitable by OPS or pursuant to any emergency load curtailment plan in effect between OPS and its sources of supply for electric power, fix the amount of electricity to be made available for use by customer and/or may otherwise restrict the time during which customer may make use of electricity and the uses which customer may make of electricity. If such options become necessary. Customer may request a variance because of unusual circumstances, including matters adversely affecting the public health, safety and welfare. If customer fails to comply with such allocation or restriction, OPS may take such remedial actions as it deems appropriate under the circumstances including temporarily disconnecting electric service and charging additional amounts because of the excess use of electricity. The provisions of the section entitled “irregular service” of these rules and regulations are applicable to any such allocation or restriction.

Sec. 28-434. – Information to customers.

OPS will make information about rates and service practice policies available upon application for service and at any other time upon written or telephoned request. OPS, on written request from a customer, will provide a statement of monthly consumption of that customer for the prior twelve (12) months, if the information is reasonably ascertainable. OPS may establish a reasonable charge for this statement. OPS may utilize news media or other appropriate techniques to inform customers about rates and service policies.

Sec. 28-435. – Bill proration.

Bills rendered for other than the regular billing period will be prorated based upon OPS’ standard bill proration policy then in effect.

Sec. 28-436. – Customer and smart grid data.

Upon request, using procedures established by OPS, OPS will make available to customers their available energy consumption data. OPS will not provide to other parties any customer’s individually identifiable energy consumption data or other individually identifiable customer data collected by OPS without the customer’s authorization, using authorization procedures established by OPS. Smart grid data will be utilized only by OPS and parties authorized by OPS in order to enhance system security, reliability, and improve system efficiency and will not be provided to any other parties except with OPS’ approval and per the smart grid bill of rights as approved by the city council. Nothing in this paragraph limits the state municipal electric authority’s rights as provided under the wholesale power contract.

Secs. 28-437—28-450. – Reserved.

Section 2.  Repealer Clause.  That the following sections of the Code of Ordinances of the City of Opelika, Alabama are hereby repealed:  Section 28-17, Section 28-18, Section 28-19, Section 28-20, Section 28-21, Section 28-23, Section 28-24, Section 28-41, Section 28-42, Section 28-44 and Section 28-45.  All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the article hereby adopted are repealed.

Section 3.  Severability.  If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.

Section 4.  Construction.  If any section, paragraph, sentence or word of this Ordinance or the article hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other provisions of this Ordinance and the article hereby adopted independent of such portion that may be declared invalid.

Section 5.   Effective Date.  This Ordinance and the article hereby adopted shall take effect and be enforced immediately upon its adoption and publication as required by law.

Section 6.  Publication.  The City Clerk of the City of Opelika is hereby authorized and directed to cause a copy of this Ordinance to be published one (1) time in a newspaper of general circulation in the City of Opelika, Alabama.

ADOPTED AND APPROVED this the 15th day of December, 2015.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 16th day of December, 2015.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 16th day of December, 2015.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 12/18/15

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