(A) Definition. As used in this section, UTILITY shall mean the water distribution system owned, managed and controlled by the town, acting through the Town Council.
(B) New applicants for service.
(1) Each new applicant for water service shall be required to make a cash deposit to the utility as a condition of receiving water service from the utility.
(2) The amount of the deposit required from each new applicant for service shall be $75.
(C) Present customers. A customer of the utility that has had its water service disconnected or discontinued any two months within the preceding 12-month period for nonpayment of water service charges, shall be required to make a cash deposit to the utility as a condition of receiving service following the second disconnect or discontinuance of service.
(D) Interest on deposits. the cash deposits authorized under divisions (B) or (C) above shall not earn interest for the customer.
(E) Refunds of deposit/deposit records.
(1) Termination of service or change of name:
(a) Upon termination of service, the deposit shall be applied to the final bill I and the balance refunded to the customer within 30 days after full payment of the final bill.
(b) Changes in the name of the customer on the record of deposits resulting from death, marriage, or legal name change may be made upon the written request of the customer or the customer's legal representative.
(c) In the event of a dissolution of the marriage of water utility customers, and if the deposit was originally made in joint names of the parties, 50% of the deposit shall, upon written request and proper documentation, be made to each party. If the non-requesting party remains as a customer of the water utility, that party shall be required to make a full deposit.
(d) In the event of a dissolution of the marriage of water utility customers, and if the deposit was originally made in a single individual's name, and that individual is no longer a customer of the water utility, then the deposit shall be applied to the final bill and the balance refunded to the customer within 30 days after full payment of the final bill. A new deposit shall be required to be posted by the other individual.
(2) The utility shall maintain a record of each applicant or customer making a deposit which shows:
(a) The name of the customer;
(b) The current address of the customer so long as it maintains an active account with the utility in its name;
(c) The amount of the deposit;
(d) The date the deposit was made; and
(e) A record of each transaction affecting such deposit.
(3) Each customer shall be provided a written receipt from the utility at the time its deposit is paid.
(4) Any deposit made by the applicant, customer, or any other person to the utility (less any lawful deductions), or any sum which the utility is ordered to refund for utility service, which has remained unclaimed for seven years after the utility has made diligent efforts to locate the person who made such deposit or the heirs of such persons shall be presumed abandoned and treated in accordance with the laws of the State of Indiana.
(5) A deposit may be used by the utility to cover any unpaid balance following disconnection of service provided, however that any surplus be returned to the customer as provided above.
(Ord. 1994-4, passed 9-6-94; Am. Ord. 2002-1, passed 5-14-02; Am. Ord. 2006-1, passed 1-3-06)