§ 51.009 APPLICATION FOR SERVICE OR CONTRACT.
   (A)   A written application for service or contract properly executed, and a service deposit as provided for in § 51.116 of this chapter, may be required by the utility before service will be provided.
   (B)   The utility shall have the right to reject any application for service made by, or for the benefit of, wholly or partially, a former customer who is indebted to the utility for service previously supplied or damages owed the utility through fault of the applicant at any premises in the utility’s service area. The utility also may reject an application for service if the applicant is unwilling or unable to comply with these general terms and conditions for electric service or for any other valid or legal reason. The utility may further disconnect service on account of arrearages due for service furnished to a person or persons formerly receiving the same class of service at the same premises as a customer of the utility if such person or persons formerly receiving the same class of service continues to reside at such premises receiving service.
   (C)   The taking of service shall constitute a contract between the customer and the utility, obligating the customer to pay for, and the utility to furnish, service as specified in the tariff and to comply with all applicable provisions of the general terms and conditions for electric service.
   (D)   Certain rate schedules specify a minimum term of contract. In the absence of such requirement in any rate schedule, the utility may require a term of contract commensurate with the size of the customer’s load which the utility is obligated to serve and/or the cost to the utility of making service available.
   (E)   No promises, agreements or representations of an agent or an employee of the utility shall be binding on the utility unless such promises, agreements or representations are incorporated in a written contract executed by a duly authorized representative of the utility.
   (F)   The benefits and obligations under any service request or contract shall inure to and be binding upon the successors and assigns, survivors and executors or administrators (as the case may be) of the original parties thereto, provided, however, that no assignment shall be made by the customer without first obtaining the utility’s written consent. The utility may require the successor either to execute with the utility an assignment agreement wherein the successor customer assumes and agrees to be bound by the original contract, or to execute a new contract for service.
   (G)   When the customer desires service at more than one point, a separate agreement shall be required for each separate point of delivery. Service delivered at each point of delivery shall be billed separately under the applicable tariff.
   (H)   An account for residential service may be either joint or individual, but shall in no event be joint unless the application is executed by all joint parties. In the event an account shall be in the names of more than one party, each joint party shall be liable for the payment thereof, jointly and severally.
   (I)   The utility may disconnect service to a premises at which the applicant or co-applicant is currently receiving such service on account of arrearages due for service furnished to the applicant or co-applicant at another premises under the same class of service.
   (J)   All written contracts hereunder shall be executed by the Department Superintendent, his or her authorized representative or a majority of the Council.
   (K)   The utility shall have the right to reject any application or contract for valid reason. When a special construction or equipment expense is necessary to furnish service, the utility may require contracts for a suitable period of time and reasonable guarantees.
(Ord. 14-2017, passed 10-10-2017) Penalty, see § 51.999
Cross-reference:
   Related form, see Ch. 51, Appx. A