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§ 50.28 AUTHORITY TO OPERATE A WASTEWATER UTILITY.
   It is hereby determined to be desirable and necessary for the public health, safety, and welfare of the city that its sanitary sewerage system be operated on a public utility rate basis in accordance with the provisions of Public Act 94 of 1933, as amended, being M.C.L.A. §§ 141.101 through 141.138.
(Ord. passed 4-11-2019)
§ 50.29 FREE SERVICE.
   No free service shall be furnished by the system to any person, public or private, or to any public agency or instrumentality.
(Ord. passed 4-11-2019)
§ 50.30 LEVELS OF RATES.
   The rates fixed by this chapter are estimated to be sufficient to provide for the payment of the expenses of administration and operation of the system and such expenses of maintenance of the system as are necessary to preserve the same in good repair and working order, and to provide for such other expenditures and funds for said system as this chapter may require. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts.
(Ord. passed 4-11-2019)
§ 50.31 OPERATING YEAR.
   The system shall be operated on the basis of an operating year commencing on January 1 and ending on December 31 next following.
(Ord. passed 4-11-2019)
§ 50.32 FINANCIAL HARDSHIP.
   The owner of a single-family residence, which residence has been assessed a connection charge, may submit a hardship application to the city seeking a deferment in the partial or total payment of the charges for benefits provided for in this chapter, based upon a showing of financial hardship, subject to and in accordance with the following.
   (A)   The owners of the premises shall, under oath, complete a hardship application provided by Council and file such application, together with all other information and documentation reasonably required by the city, with the City Council not less than 60 days prior to the date of the annual installment due. Any such deferment shall be for that annual installment only. An application shall be completed and filed by each and every legal and equitable interest holder in the premises, except financial institutions having security interests in the premises.
   (B)   Hardship applications shall be reviewed by Council, and, after due deliberation of the same, Council shall determine, in each case, whether there has been an adequate showing of financial hardship, and shall forthwith notify the applicant of said determination.
   (C)   An applicant aggrieved by the determination of Council may request the opportunity to appear before Council in person for the purpose of showing hardship and presenting any argument or additional evidence. A denial of hardship following such a personal appearance before Council shall be final and conclusive.
   (D)   In the event that Council makes a finding of hardship, Council shall fix the amount of deferment of partial or total charges so imposed, and in so doing, shall require an annual filing of financial status by each applicant, provided that upon a material change of financial status of an applicant, said applicant shall immediately notify the Clerk of the city so that a further review of the matter may be made by Council, and provided, further, that the duration of the deferment granted shall be self-terminating upon the occurrence of any one of the following events:
      (1)   A change of the applicant’s financial status which removes the basis for financial hardship;
      (2)   A conveyance of any interest in the premises by any of the applicants, including the execution of a new security interest in the premises or extension thereof; and/or
      (3)   A death of any of the applicants.
   (E)   (1)   Upon receiving a determination of Council deferring partial or total charges imposed, the owners of the premises shall, within one month, execute a recordable security instrument on the premises to the city, as the secured party, payable on or before the death of any of the applicants, or, in any event, upon the sale or transfer of the premises.
      (2)   Said security interest shall be in an amount necessary to cover all fees and charges required under this chapter, and all costs of installation and connection, the consideration for said security interest being the grant of deferment pursuant to this chapter.
(Ord. passed 4-11-2019)
ACCOUNTS, RATES, AND BILLING
§ 50.45 ACCOUNT APPLICATIONS AND DEPOSITS.
   No connection or provision of sewer service shall be made until an applicant therefor shall complete and sign an application form, which form shall include an agreement that all charges for services shall be promptly paid when billed. The application shall contain the name and address of both the consumer of the service and the owner of the premises to be connected, and such other information as the City Manager or Council shall require. In addition to completing an application, the consumer shall make an account deposit as determined by resolution of the Council. The city may require an increase in the initial deposit if the account holder develops a record of delinquent payments after the account has been opened. A new utility account shall not be opened, nor shall any utility services be provided to a person or other legal entity, until all prior unpaid utility charges, interest, penalties, and collection fees owed to the city by that person or legal entity have been paid in full. The account application shall also state that the applicant consents to allow access to city meters at reasonable times by city employees for inspection, maintenance, reading, and calibration.
(Ord. passed 4-11-2019)
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