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5.6. ERMUSR 09-15-2010 Elk River Municipal Utilities 13069 Orono Parkway • P.O. Box 430 Elk River, MN 55330-0430 UTILITIES COMMISSION MEETING 5~ ~ Phone: 763.441.2020 Fax: 763.441.8099 TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E. -Director of Operations John Dietz, Chair Jerry Gtunphrey, Vice Chair Daryl Thom son, Trustee MEETING DATE: AGENDA ITEM NUMBER: Se tember 15, 2010 5.6 SUBJECT: Pro osed Meter Tam Bring Ordinance DISCUSSION: Over the past few years, there has been an increase is instances where electric meters have been disconnected, reconnected, or tampered with without authorization by Elk River Municipal Utilities. This is of concern for multiple reasons. The handling of electrical equipment requires training, proper tools, and proper personal protective safety equipment. Electricity is dangerous. Elk River Municipal Utilities does not want any person without authorization, training, and proper safety equipment handling electrical meters because of the safety risks. Tampering with ERMU equipment by unauthorized personnel often will result in damage to the equipment. Also, tampering with ERMU metering equipment may also be an indicator of theft of power. For these reasons, there is need for a deterrent for unauthorized personnel to tamper with ERMU metering equipment. Attached is a proposed meter tampering ordinance that would provide this deterrent through a $50 civil penalty, liability for repair costs, and prosecution as a misdemeanor. ACTION REQUESTED: Staff recommends approving the proposed meter tampering ordinance to be sent to the City Council for review and consideration. ORDINANCE NO. 10-_ CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO ADD A NEW ARTICLE IV PROVIDING FOR OPERATION OF THE CITY ELECTRICAL SYSTEM The City Council of the City of Elk River does hereby ordain as follows: Section 1. That a new Article IV shall be added to Chapter 78 of the Elk River City Code of Ordinances, to read as follows: ARTICLE II. ELECTRIC SYSTEM DIVISION 1. GENERALLY Section 78-311. Operation of Electric System. The City Electric System shall be operated and maintained by the Elk River Municipal Utilities (ERMU), which may enter into such agreements as it deems appropriate with the City to assist in the operation and maintenance of the Electric System. Section 78-312. Rules and Regulations. ERMU shall have the authority to adopt such rules and regulations for operation and use of the Electric System as it shall deem appropriate. Such rules and regulations shall be valid and enforceable, to the extent they aze consistent with other law, including this Code. DIVISION 2. PROVISION OF ELECTRIC SERVICE Section 78-321. Rules and Regulations. ERMU shall have the authority to establish rules and regulations for the provision of electric service to properties within ERMU's service azea in the City of Elk River, including requirements for deposits or other security to secure payment for electric service or other fees. DIVISION 3. RATES AND CHARGES Section 78-331. Rates and Charges. ERMU shall have the authority to establish rates and chazges for the provision of electric services. DNISION 4. PROHIBITIONS AND PENALTIES Section 78-341. Meter Tampering. No customer of ERMU, or any other person not authorized by ERMU, shall at any time attempt to connect or disconnect electrical service to a property, nor shall any person break the seal on a meter, remove a meter, reverse the meter direction, add additional equipment that bypasses an electric meter, set a bypass arm up instead of down, or in any other way tamper or interfere with an electric meter or the operation of an electric meter. Section 78-351. Penalties. Violation of any of the provisions of this Chapter 78, Article IV of the Elk River City Code of Ordinances will be cause for ERMU to discontinue electric service to the customer or property where the violation has occurred. In addition, customers or persons who have violated Section 78-341, Meter Tampering, shall be subject to a $50 civil penalty and shall be liable to ERMU for all of ERMU's cost to repair its facilities, including costs of mobilization to the address where the repair is necessary. Violations of Section 78-341 shall also be a misdemeanor offense under the provisions of this City Code of the City of Elk River. Section 2. That this Ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this day of 2010. Stephanie Klinzing Mayor ATTEST: Tina Allazd City Clerk GP:2841320 vl