CHAPTER 50: GENERAL PROVISIONS
Section
   50.01   Provisions of chapter and rules and regulations thereunder made part of city’s contract with customers
   50.02   Discontinuance of service upon nonpayment of charges or violation by customer; restoration of service upon full settlement with city
   50.03   Inspection of customers’ premises
   50.04   Right of city to diminish or suspend services when necessary, and nonliability of city therefor
   50.05   Services disconnected by city not to be reconnected except by proper authority
   50.06   Rules and regulations
   50.07   Billings to customers, due date; delinquent bills and collection thereof
   50.08   Providing for the certification of delinquent utility accounts for collection with property taxes
 
   50.99   Penalty
Charter reference:
   Public ownership and operation of utilities, see Charter Chapter 11
Statutory reference:
   Authority of city to acquire and operate plants for furnishing gas, electricity or water to inhabitants and persons living outside the city, see M.S. Chapters 452 through 455, 458 through 458A, and 459
   Authority of city to obtain, enlarge, operate and the like, a waterworks system, sewers and drains, to impose just and equitable charges for the use thereof and to require connection permits and charge fees therefor, see M.S. § 444. 075
§ 50.01 PROVISIONS OF CHAPTER AND RULES AND REGULATIONS THEREUNDER MADE PART OF CITY’S CONTRACT WITH CUSTOMERS.
   The provisions of this chapter and the provisions of all rules and regulations promulgated pursuant to authority of this chapter when the rules and regulations are placed on file in the office of the City Clerk, shall be deemed to be a part of and incorporated in each city contract whereby the party contracting with the city is provided with any service furnished by the municipal utilities, whether or not it is so stated in the contract.
(1973 Code, § 16-1) (Ord. 167, passed 8-27-1896)
§ 50.02 DISCONTINUANCE OF SERVICE UPON NONPAYMENT OF CHARGES OR VIOLATION BY CUSTOMER; RESTORATION OF SERVICE UPON FULL SETTLEMENT WITH CITY.
   (A)   When any customer of the municipal utilities becomes in arrears with respect to the payment of any municipal utility bill due the city under any provision of this chapter, the city through its City Clerk, may discontinue furnishing municipal utility services to the customer of the municipal utilities.
   (B)   No municipal utilities may be discontinued until a delinquent utility notice and an opportunity for a hearing has first been given to the customer.
   (C)   The delinquent utility notice shall be sent by regular mail to the customer whose name the utilities are in and shall state that if payment is not made on or before the date stated in the notice, the utilities supply to the premises will be discontinued.
   (D)   Between April 16 and October 14 (warm weather months), the delinquent utility notice will include the following information.
      (1)   The customer may, before the disconnection date, request a hearing on the issue of the amount of utility charges billed and the amount paid on the bill, in which case the utilities will not be discontinued until after the hearing is held. If as a result of the hearing, the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the municipal utilities service of the delinquent customer may not be discontinued in accordance with this section, the city may discontinue utility service. A hearing will be arranged through the City Clerk. The City Clerk will notify the City Administrator that a utility committee meeting needs to be held to review the claim. The Utility Committee will make a final determination on the claim, based on information submitted by the customer and the City Clerk’s office.
      (2)   The delinquent utility notice will also include telephone numbers of the Minnesota Valley Action Council Energy Assistance Program and Le Sueur County Human Services and it shall allow 20 days from the date of the notice until disconnection takes place. Disconnection shall not take place on Friday or the day before a holiday.
      (3)   In the event any municipal utilities service is discontinued in accordance with the above provisions, the service shall not be restored by the city until the delinquent obligation, together with a reconnection charge has been made. The reconnection charge shall be established from time to time by resolution of the City Council.
      (4)   During this period, total disconnection will take place if arrangements are not made for repayment with the City Clerk.
   (E)   Between October 15 and April 15 (cold weather months), the delinquent utility notice will include the following information.
      (1)   The customer may, before the discontinuation date, request a hearing on the issue of utility charges billed and the amount paid on the bill, in which case the utilities will not be discontinued until after the hearing is held. If as a result of the hearing, the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the municipal utilities service of the delinquent customer may not be discontinued in accordance with this section, the city may discontinue utility service. A hearing will be arranged through the City Clerk. The City Clerk will notify the City Administrator that a utility committee meeting needs to be held to review the claim. The utility committee will make a final determination on the claim, based on information submitted by the customer and the City Clerk’s office.
      (2)   The delinquent utility notice will also include telephone numbers of the Minnesota Valley Action Council Energy Assistance Program and County Human Services and it shall allow 20 days from the date of the notice until discontinuation takes place. Disconnection shall not take place on Friday or the day before a holiday.
      (3)   In the event any municipal utilities service is discontinued in accordance with the above provisions, the service shall not be restored by the city until the delinquent obligation, together with a reconnection charge has been paid. The reconnection charge shall be established from time to time by resolution of the City Council.
   (F)   The notice will also include the customer’s rights and responsibilities and an inability to pay declaration form.
   (G)   During the “cold weather months,” the municipal utilities may install a service limiter on delinquent utility customer’s meters, instead of total disconnection. The service limiter will limit the amount of electricity available to the utility customer. The limiter will only allow enough electricity (ten amps) to operate the primary heat source. No other electricity will be able to be used. If a customer tries to use other electricity, the limiter shuts off the electricity and the customer will have to reset the limiter.
   (H)   In order for a customer to be protected by the “cold weather rule,” they must meet the following requirements:
      (1)   Utility disconnection would affect the customer’s primary heat source;
      (2)   The customer has declared inability to pay on forms provided by the utility;
      (3)   The household income of the customer is less than 185% of the federal poverty level, as documented by the customer to the utility; and
      (4)   The customer’s account is current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule.
   (I)   Annually, between August 15 and October 15, the municipal utilities must mail to all residential customers, an annual notice explaining the Minnesota cold weather rule.
   (J)   The notice must explain that utilities cannot be disconnected if the customer meets the following requirements:
      (1)   Utility disconnection would affect the customer’s primary heat source;
      (2)   The customer has declared inability to pay on forms provided by the utility;
      (3)   The household income of the customer is less than 185% of the federal poverty level, as documented by the customer to the utility; and
      (4)   The customer’s account if current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule.
   (K)   Telephone numbers of County Human Services and Minnesota Valley Action Council should also be provided in this notice, as well as poverty income guidelines.
(1973 Code, § 16-2) (Ord. 167, passed 8-27-1896; Ord. 364, passed 9-13-1982; Ord. 414, passed 11-26-1990; Ord. 418, passed 10-28-1991) Penalty, see § 50.99
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