City of Malden, MO
Dunklin County
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Table of Contents
Table of Contents
[Ord. No. 3142, 3-20-2017]
A. 
Rates for electric power furnished to customers of the Board of Public Works of the City of Malden are hereby assessed as follows:
1. 
Residential Service. Available for single-phase service at secondary voltages, to individual dwellings, for residential purposes, where use is primarily for space heating, water heating, air-conditioning, lighting, refrigeration, cooking, and clothes drying.
a. 
Customer charge (City limits): ten dollars ($10.00) per month.
b. 
Customer charge (non-City limits): twenty dollars ($20.00) per month.
c. 
Energy charge: eight thousand, five hundred eighty hundred thousandths ($0.08580) per kWh.
2. 
Commercial And Small Power Service. Applicable to all non-residential customers served through one single-phase or three (3) phase meter capable of measuring billing demand, but not served under "Industrial and Large Power Service."
a. 
Customer charge (City limits): twenty-five dollars ($25.00) per month.
b. 
Customer charge (non-City limits): fifty dollars ($50.00) per month.
c. 
Energy charge: eight thousand, five hundred eighty hundred thousandths ($0.08580) per kWh.
3. 
Industrial and Large Power Service.
a. 
Applicable to all non-residential customers served through a three (2) phase meter capable of measuring billing demand and whose monthly average billing demand is three hundred (300) KW and higher during the twelve-month period starting in January and ending in December. New customers may be placed under this schedule if their average billing is estimated to be three hundred (300) KW and higher per month for a twelve-month period.
(1) 
Customer charge (City limits): one hundred fifty dollars ($150.00) per month.
(2) 
Customer charge (non-City limits): three hundred dollars ($300.00) per month.
(3) 
Demand charge: five dollars ($5.00) per KW.
(4) 
Energy charge: four thousand three hundred ninety-eight ten thousandths ($0.04398) per kWh.
b. 
Application and calculation of demand charge:
(1) 
Billing Demand. The monthly billing demand shall be the maximum demand measured during the month at its greatest monthly rate of use of energy during the highest fifteen (15) consecutive minutes occurring in such month.
4. 
Non-profit Museums. Applicable to all non-residential customers served through one (1) single-phase or three (3) phase meter capable of measuring billing demand, but not served under "Industrial and Large Power Service."
a. 
Customer charge: twenty-five dollars ($25.00) per month.
b. 
Energy charge: four thousand three hundred ninety-eight ten thousandths ($0.04398) per kWh.
[Ord. No. 3142, 3-20-2017]
A. 
Rates for electric power furnished to the customers shall be subject to a "power cost adjustment" (hereinafter PCA). The PCA is based on the cost of power purchased into and generated by the Malden Board of Public Works, including any transmission or wheeling charges incurred in obtaining said energy.
B. 
Method of Calculation.
1. 
The "base rate" energy charge set out in Subsection (B)(1) hereof is subject to a power cost adjustment (PCA), as follows:
a. 
All metered rates shall be subject to a positive or negative power cost adjustment charge equivalent to the amount by which the current cost of power (per kilowatt hour of sales) is greater or lesser than the base cost of power purchased (per kilowatt hour of sales), averaged over the preceding twelve (12) months.
b. 
The current cost per kilowatt hour or energy billed is equal to the cost of power purchased and generated for the most recent twelve (12) months, divided by the kilowatt hour of energy sold in the same twelve-month period. The monthly adjustment is equal to the current cost less the base cost. The base cost of power is cents per kilowatt hour.
2. 
The formula is thus A = C/S – BC where:
"A" is the power costs adjustment (in dollars per kilowatt hour) to all metered sales of electricity;
"C" is the cost of power purchased and generated (in dollars) for retails sales in the most recent twelve (12) months;
"S" is the total kilowatt hours sold during the most recent twelve (12) months; and
"BC" is the base cost of power for retail sales which equals the average cost of power purchased and generated power per kilowatt hour of sales for the past calendar year. This figure remains constant in each subsequent monthly calculation at five hundred eighty-five thousandths dollars ($0.0585) per kWh. The base cost may be adjusted in January of each year to reflect the most recent average cost of power purchased and generated.
3. 
WHEREAS, each step in the retail rate schedule, Subsection (B)(1), Base Rates A through D shall be increased or decreased by the difference in the base cost (BC) if changed.
4. 
By way of example, if:
(C) the cost of power purchased and generated (in dollars) for retails sales in the most recent twelve (12) months = $3,274,306.46;
(S) the total kilowatt hours sold during the most recent twelve (12) months = 48,014,415; and
(BC) the base cost of power for retail sales which equals the average cost of power purchased and generated power per kilowatt hour of sales for the past calendar = $0.0735; then
(A) the power cost adjustment equals negative $0.0053/kWh
–$0.0053 equals ($3,274,306.46 divided by 48,014,415) minus $0.0735
A = C/S – BC
5. 
The City Council shall be notified in January of each year of any increase or decrease in the cost of power and energy or any increase or decrease in the cost of demand charges to the Malden Board of Public Works by its electric suppliers.
[Ord. No. 3142, 3-20-2017]
A. 
There is hereby created an "annual operating cost" adjustment. On January 1, 2018, and each January 1 thereafter, the Board of Public Works shall adjust the "base rate" as set and established in Subsection (A) hereof, based on total operating costs for the Electric Department of the Board of Public Works of the City of Malden, Missouri.
B. 
The "annual operating cost" adjustment shall be calculated as follows: Following the annual audit of fiscal year ending June 30, 2017, and each fiscal year thereafter, the Board of Public Works shall compare total operating expenses against the previous year's total operating expenses and any increase or decrease shall be divided by the total kilowatt hours sold in said year and said millage shall be added or subtracted from the "base rates" that are in force on January 1 of the following year. Said millage, when added or subtracted from the "base rates" at the time adjustment is made, shall not increase nor decrease the per kilowatt energy charge of any customer more than three percent (3%).
C. 
The term "total operating expenses" shall include the total cost of operations as allowed under the Federal Energy Regulatory Commission accounting methods along with all expenses, contributions, and transfers to the City of Malden and/or any of its departments, less all expenses used to calculate the "power costs adjustment" (PCA) as set forth in Section 715.020 hereof.
[Ord. No. 3142, 3-20-2017]
All billings are subject to all applicable Missouri State, County, and City taxes on the use and consumption of electricity as provided by law.
[Ord. No. 3142, 3-20-2017]
Each meter shall be billed as an individual customer. Billing on combined readings to two (2) or more meters will not be permitted.
[Ord. No. 3142, 3-20-2017]
Should any provision of this Article be declared invalid for any reason, such declaration shall not affect the validity of other provisions of this Article, or this Chapter as a whole, it being the legislative intent that the provisions of this Chapter shall be severable and remain valid notwithstanding such declaration.
[Ord. No. 3134, 10-17-2016]
No person, other than the City or a department thereof, shall attach or maintain any fixture to or place or maintain any facilities or wires on any utility pole or other fixture or facility of the City within City rights-of-way or easements without: 1) a pole attachment agreement approved by the City Council after the date hereof, and 2) payment of a pole attachment fee as may be established hereinafter by the City Council by resolution or ordinance in conformance with law, or as may be hereinafter approved as alternative lawful compensation in a pole attachment agreement approved by the City Council after the date hereof. Failure to hold and maintain a current and valid pole attachment agreement with the City shall not excuse payment of the pole attachment fee at the rate required herein. Where a pole attachment agreement expires, and in addition to any penalties or other requirements, the licensee during any holdover period shall pay monthly one-twelfth (1/12) of the rate above or one-twelfth (1/12) of the rate in the expired agreement, whichever is greater, until a valid agreement is obtained or the attachments are removed. The licensee shall indemnify and be responsible to pay all costs incurred by the City in any way due or arising from any such attachment or violation of any provision hereof or of any pole attachment agreement, including, but not limited to, attorneys' fees, except as may be otherwise expressly provided by agreement. To the extent that limitations by State or Federal law require a lower rate than established herein, such lower maximum rate permitted by law shall apply in lieu of the rate established above.
[Ord. No. 3134, 10-17-2016]
Unless otherwise provided by a pole attachment agreement, amounts due under this Section shall be paid to the City not later than January 15 of each year for the prior calendar year (or pro rata portion thereof if less than a full year) and any amount unpaid after such date shall accrue interest payable to the City at the rate of one and one-half percent (1 1/2%) per month, on all amount owed. Each payment shall be accompanied by an affidavit of the number of poles to which attachments exist and computation of the fee based on the number of attachments as of that date.
[Ord. No. 3134, 10-17-2016]
No pole attachment shall be authorized except by permit authorized under a duly executed pole attachment agreement with the City, which shall include such provisions as necessary to protect the public interest and provide for payment of the required compensation consistent with this Section. An application may be required containing such information as may be necessary to determine the appropriateness of the application and may contain a fee requirement in an amount sufficient to reimburse the City its costs or such other reasonable basis as permitted by law. A franchise or rights-of-way agreement, or other authority to use the rights-of-way, shall not be deemed to authorize pole attachment unless hereinafter expressly so provided therein. A pole attachment agreement shall be reviewed and approved, denied or conditioned as the public interest dictates subject to all applicable law. Nothing herein shall be interpreted to contravene any unwaived rights in a duly authorized and lawful existing agreement with the City.
[Ord. No. 3134, 10-17-2016]
The City and any user shall be subject to all applicable Federal, State, and local law, and the rights, procedures, and obligations relating to poles shall be applied and limited by such supplementary or superseding valid laws as may be elsewhere established.
[Ord. No. 3134, 10-17-2016]
Any person or entity who shall be in violation of this Chapter or otherwise attach or maintain any fixture to or place or maintain any facilities or wires on any City facilities, including any utility poles or other fixture or facility of the City, within City rights-of-way or easements without a currently valid and unexpired pole attachment agreement approved by the City Council, shall be subject to a penalty of an unauthorized attachment fee equal to five (5) times the current annual pole attachment fee rate set by the City Council for every year or portion thereof that such person is in violation of this Section or otherwise does not have a valid pole attachment agreement complying with the provision of this Section. Penalties under this subsection shall be required to be paid on a monthly basis as provided in subsection (b). Any person asserting any right to proceed on City poles, where no pole attachment agreement yet exists between the parties, pending a dispute over required pole agreement terms that exclusively are as to the "per-pole fee or any requirement or issue not directly related to the pole attachments" ("protestable terms"), shall except to the extent such applicant may be exempted by law, and prior to proceeding on any pole: 1) execute the pole attachment agreement required by the City and provide the City with such executed copy for execution by the City, and 2) provide a cover letter under oath specifically asserting that a dispute remains as to terms in the executed agreement exclusively as to the protestable terms in such agreement, and specifically set forth each and every provision (quoting the precise disputed words) that are so disputed. During pendency of the dispute, the agreement shall be binding and applicable as written, provided that the protestable terms specifically disputed shall be deemed protested and subject to ultimate judicial resolution by a court to be unlawful. The agreement shall be required and deemed to establish the "agreed upon terms and conditions" accepted by the user subject only to the protestable terms specifically identified as authorized herein. In the event that there is a dispute as to terms other than protestable terms, no attachment shall occur until such dispute or disagreement is resolved and nothing in this Section shall be deemed to authorize proceeding on City poles without an executed agreement, or to authorize protest of any provisions not specifically protested in the required cover letter authorized herein. Pending the resolution of the dispute, the pole user shall comply with all requirements in the agreement and shall be subject to all remedies and penalties for breach thereof, subject to court action as to any protestable terms, and subject to any limitations as may be mandated by law. All pole use shall occur only after obtaining an attachment permit from the City in its capacity as pole owner for such use, and all such permits shall be deemed to incorporate this chapter and all provisions of the applicable required agreement. Failure to execute an agreement shall be deemed a material violation of this Chapter and of a permit as to any such pole use, and failure to obtain a permit shall further be deemed a material violation of this Chapter and of a required permit and agreement, whether or not actually obtained as required herein. Notwithstanding any provision herein, no party shall have the right to proceed on a City pole during the pendency of a dispute as to any City required terms except when such right is also specifically granted by enforceable valid State or Federal law.
[Ord. No. 3134, 10-17-2016]
Any person or entity who is required to obtain a pole attachment agreement under this Section may avoid penalties under Section 715.110 above by complying with all application requirements and executing a pole attachment agreement provided by the City and submitting therewith an appeal letter notifying the City that the agreement or other requirements are claimed by the person or entity to be unlawful under the circumstances and are being executed and/or submitted under protest. This letter shall be separate and apart from any protest letter required by Section 715.110 for dispute of protestable terms. Within twenty (20) days of its execution of the agreement, the person or entity shall file with the City Clerk a verified appeal seeking relief from any term or condition of the pole attachment agreement or other requirement that the person or entity alleges to be unlawful. The appeal shall state with specificity the term or condition which is claimed to be unlawful and shall specify all basis, data, information, and argument relied upon to justify said claims. The person or entity may request the City Council to hold a public hearing at which such basis, data, information, and argument may be received. The City Council may provide relief from any rate, term, or condition that it lawfully finds in its determination to be unlawful under the facts presented or otherwise unlawful by addition, deletion, or amendment to the agreement. If the person or entity accepts such relief, the addition, deletion or amendment to the pole attachment agreement shall be made by a writing executed by the person or entity and the City. If such relief is not accepted, the pole attachment agreement shall remain in full force and effect, and the person or entity may then pursue any available remedies in a court of law or otherwise, provided that nothing herein shall be deemed to be a waiver of the City's sovereign immunity. Except where otherwise required by law, no final decision of the City for purposes of judicial relief as to any disputed term, condition, or other requirement shall be deemed to exist prior to completion of this process. Nothing herein shall be deemed to unlawfully limit any remedy that is required to be available as a matter of law.
[Ord. No. 3134, 10-17-2016]
In addition to any supplemental requirement as may be specified in a pole attachment agreement, any person or entity attaching to any City pole shall indemnify and hold harmless the City, including each and every officer, employee or agent thereof, for any liabilities, damages or costs incurred that are caused or result from, in whole or in part, the attachment, or attaching person or entity.
[Ord. No. 3134, 10-17-2016]
Any person violating any provision of this Section shall, in addition to being subject to all other remedies herein, be deemed guilty of an offense and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day's violation shall constitute a separate offense.