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1038.14 TRANSFER OF METERS PROHIBITED.
   No water meter shall be transferred from one location to another. No gas meter shall be transferred from one riser to another.
(Ord. 2016-01-1. Passed 1-13-16.)
1038.15 UTILITY DEPOSITS.
   (a)   No applicant shall be provided utility services if the applicant has an outstanding, unpaid account, debt, fine or costs with the City.
   (b)   Except as modified in subsection (d) of this section, the following sums shall be deposited in the City utility office before any meter is hooked up or before any service is provided:
      (1)   Gas service. A deposit of one hundred and fifty dollars ($150.00) plus a connection fee of ten dollars ($10.00) shall be made with each application for gas service.
      (2)   Water service. A deposit of one hundred and fifty dollars ($150.00) plus a connection fee of ten dollars ($10.00) shall be made with each application for water service. When the owner of the premises is to be served, no such deposit shall be required.
   (c)   The deposit for each account made by the depositor shall be refunded upon discontinuance of service, provided the account and all bills and other indebtedness to the City are paid in full and provided that the depositor shall notify the City immediately upon discontinuance of service. Otherwise, the sum shall be retained by the City and the City may automatically apply the sum to any account, bill or other indebtedness owed by the depositor to the City without the depositor signing over the deposit.
   (d)   The deposit required by subsection (b) of this section shall be triple the deposit required of a non-owner of the property, regardless of whether the depositor is an owner or not, for any depositor that has within the ten years last past prior to the making of the deposit failed to pay timely a final bill for prior utility services. If the depositor is an owner of the property, the deposit shall only be refunded pursuant to subsection (c) of this section.
(Ord. 2016-01-1. Passed 1-13-16; Ord. 2023-3-1. Passed 3-22-23.)
1038.16 ANNEXATION AGREEMENT PREREQUISITE FOR CONNECTION OUTSIDE CITY LIMITS.
   (a)   Before any connection, tapping or attachment is made to any of the City's gas, water or sewer systems, or before service of those systems is transferred from one customer to another, to serve property outside the City limits, all of the owners of the property shall sign an annexation agreement. This agreement shall be in a form approved by the City. It shall state upon oath that the owner shall, upon the property served becoming contiguous to the territorial limits of the City, petition for annexation to the City. This agreement shall contain a legal description of all of the property to be served, and shall further provide that:
      (1)   The owners covenant and warrant that they are presently vested with good, fee simple title to the property;
      (2)   The covenants contained in the agreement are to run with the land and shall be binding upon the parties, their heirs, executors, administrators, assigns, grantees and all persons claiming thereunder;
      (3)   The petition for annexation shall be in proper form and shall comply with the appropriate statutes of the State;
      (4)   All expenses of annexation shall be borne by the owners;
      (5)   Upon the occurrence of the owners leasing or renting the premises, the owners shall make the agreement and the covenants therein contained a condition of lease, and it shall be binding upon the lessees, tenants or renters;
      (6)   The City may enforce the agreement by any legal remedy available to it, including, but not limited to, suit for specific performance;
      (7)   If the owners fail to perform the covenants, then the owners shall reimburse the City for all expenses incurred by the City, including, but not limited to, court costs and attorney's fees, for enforcement of the agreement.
   (b)   If the property to be served is contiguous to the territorial limits of the City, upon application the property must be annexed prior to any connection, tapping or attachment to the City's gas, water or sewer system.
(Ord. 2016-01-1. Passed 1-13-16.)
1038.17 COLLECTION OF ACCOUNTS.
   All gas, water and sewer accounts shall be collected by the City Collector in the amount as stated on the monthly billing mailed from the City utility office. All bills for service shall be rendered during the month succeeding the period for which the service is used. All bills shall be paid on or before the due date.
(Ord. 2016-01-1. Passed 1-13-16.)
1038.18 EQUALIZED PAYMENT PLAN.
   (a)   Availability. Any residential customer may elect to pay a monthly payment equal to one-twelfth of the average cost of energy services for the previous 12 months, adjusted for current or anticipated fuel costs and rates. The customer may be placed on the equalized payment plan during any month of the year. The account is balanced with each July billing or when service is disconnected or the customer is removed from the equalized payment plan. The City reserves the right to cancel the customer's participation in the plan should the customer fail to pay the equalized payment by the due date of the monthly bill. The customer may cancel the agreement to participate in this plan by giving 30 days' written notice to the City and by paying any necessary billing to make the account current.
   (b)   Payment Determination. Accumulate the number of months and meter billings to determine the average cost per month per meter on account. Total the average cost per meter per month for the account. Adjust the average cost per month to reflect current or anticipated fuel costs and rates. Round upward to the nearest whole dollar to determine the monthly equalized payment plan.
      (1)   Accumulation of number of months must include at least one year of billings at the customer's location. Previous customer's billing for the same location may be used.
      (2)   Meter billings include gas, water, sewer and garbage collection service, State utility tax and utility surcharge fees.
      (3)   Any customer commencing the equalized payment plan during any month other than August must pay, before commencing participation in the plan, the amount by which the total equalized payment plan payments from the prior August to date (assuming participation) exceeds the total payments actually made during such period. If more has been paid than the equalized payment plan payments would have required, the difference shall be credited to the customer's next billings until fully applied.
   (c)   Adjustments. Equalized payment plan accounts will be mechanically reviewed and adjusted every 12 months on the anniversary date. The July billing shall be considered the anniversary date. A new equalized payment plan amount will be calculated using the last 12 months' history. From the sixth through the tenth months subsequent to the anniversary date, an audit may be mechanically processed. Any account which has a debit balance greater than twice the equalized payment plan payment will be placed on this audit report. This report will include the following: name, account number, current equalized payment plan payment amount and status. Payments may be adjusted based upon review. Any debit balance for the last 12 months' listings will be billed with the July billing. Any credit balance will be credited toward the customer's next billings.
   (d)   General. Except for the equalizing of the customer's payments for service, all other provisions, terms and conditions of the applicable rate schedule shall continue to be applicable. Where a customer is using more than one public utility service not at a specified location, the equalized payment plan must be utilized for all services collectively. The City reserves the right to designate a budget period other than the normal budget period for application to customers whose service is seasonal in character. A method of payment determination applicable to the designated budget period would be applied.
(Ord. 2016-01-1. Passed 1-13-16.)
1038.19 LIABILITY FOR PAYMENT.
   The named customer(s) on the application with the City, the occupant(s) of the premises, the user(s) of the service and the owner(s) of the real estate to which the service is provided shall be jointly and severally liable to pay for the service on such premises, and the service is furnished to the premises by the City only upon condition that the named customer(s), occupant(s), user(s) and owner(s) are jointly and severally liable therefor to the City. Bills shall be rendered monthly and shall be payable within 15 days after the date thereof.
(Ord. 2016-01-1. Passed 1-13-16.)
1038.20 SURCHARGE FOR LATE PAYMENT.
   There shall be added to all charges for gas, water and sewer service, excepting utility tax, a surcharge or additional charge of 10% if such payment is not made on or before the due date.
(Ord. 2016-01-1. Passed 1-13-16.)
1038.21 DELINQUENCY DATE WHERE DUE DATE FALLS ON HOLIDAY.
   If the due date falls upon a Saturday, Sunday or a holiday in which the City Collector's office is closed, then and in that event the period for payment without penalty on all gas, water, sewer and garbage collection accounts due the City on that day shall be extended to include the next business day that the Collector's office is open.
(Ord. 2016-01-1. Passed 1-13-16.)
1038.22 PAYMENT BY CHECK.
   (a)   There is hereby created a service charge in the amount of twenty-five dollars ($25.00) to be assessed and billed by the City to any utility user for each check received from such user to be applied on a utility bill, which check is returned unpaid by the bank upon which it is drawn. Such charge shall be collected from the user in the same manner as collection is made of charges for utility services. Any payment made by the utility user subsequent to any such service charge shall be applied first in payment of the service charge; second, in payment of any penalty assessed by reason of late payment; and finally, to charges for utility services.
   (b)   Any utility user making payment by check who has two checks returned unpaid by the bank upon which such checks are drawn within a 12-month period must make all subsequent payments by cash, certified funds or money order. Payment by cash, certified funds or money order must continue until the privilege to pay by check is approved by the Mayor, City Treasurer and City Collector.
(Ord. 2016-01-1. Passed 1-13-16.)
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