(A) Form and execution of service agreements. Each applicant for service shall make a written application therefor on the Department's standard form, or execute a formal contract. The Department's standard application form, when signed by the Department's authorized representative as well as the customer, becomes a binding service agreement. Receipt of gas service shall constitute an agreement to abide by all provisions of the standard application form and this chapter.
(B) Implied service agreement. In the absence of a signed service agreement, the delivery of gas service by the Department and acceptance thereof by the customer shall be deemed to constitute an agreement by and between the Department and the customer for delivery and acceptance of gas service under the terms and conditions contained in this chapter and the applicable tariff.
(C) Department's right to cancel service agreement or to suspend service.
(1) For any default or breach of the service agreement by the customer, including failure to pay bills within the specified period, the Department, in addition to all other legal remedies, may terminate the service agreement or suspend service at the location where such default has occurred. No such termination or suspension, however, will be made by the Department without 5 days notice to the customer, stating in what particular manner the service agreement has been violated, except that no notice need be given in cases of theft or unauthorized use or disposition of service by the customer, or where in the Department's judgment, the customer is violating or threatening to violate the gas service regulations or other ordinances, laws or codes or the provisions of this chapter.
(2) No notice need be given in case of emergency, other dangerous condition on the customer's side of the gas meter, or in case of utilization by the customer of service in such manner as to cause danger to persons or property, or to jeopardize service to the customer or others. Failure of the Department at any time after any such default or breach either to suspend supply of service, or to terminate the service agreement, or to resort to any other legal remedy, or its failure to exercise on any 1 or more of such remedies shall not affect the Department's right to resort thereafter to any 1 or more of such remedies for the same or any future default or breach by the customer.
(D) Cancellation of service agreement. Unless otherwise provided in the service agreement, where the customer entirely suspends operations with the intention to permanently abandon them, the service agreement may be cancelled by written notice to the Department not less than 30 days before the date upon which service is to be terminated. No such cancellation shall release the customer from his prior obligation.
(E) Change of address of the customer.
(1) When the customer changes his address, he shall give notice thereof to the Department at least 3 days prior to the date of change. The customer will be held responsible for all service supplied to the vacated premises until such notice has been received and the Department has had a reasonable time, but not less than 3 days, to discontinue service.
(2) If the customer moves to an address at which he requires gas service for any purposes specified in his service agreement, and at which address the Department has such service available under the same tariff, the notice shall be considered as the customer's request that the Department transfer such service to the new address; but if the Department does not have such service available at the new address the old service agreement shall, at the option of the Department, either be considered cancelled or the customer remain liable thereunder.
(3) If the Department has service available at the new address to which a different tariff applies, a new service agreement, including the applicable tariff, will be offered to the customer. The Department will make transfers of service as promptly as reasonably possible after receipt of notice.
(F) Successors and assigns. Service agreements shall inure to the benefit of and be binding upon the respective heirs, legal representatives, or successors by operation of law, of the parties thereto. The customer may assign his service agreement to a third party only with the written consent of the Department. The Department may, without the customer's consent, assign any service agreement to any person or corporation, in any lawful way acquiring or operating all or any part of the Department's property used in supplying service under such agreement.
(Ord. 2009-02, passed 4-13-2009)