§ 12-6-4 AGREEMENTS OR CONTRACTS FOR SERVICE.
   A.   Application. Service is furnished only upon written application submitted to and accepted by the city. The conditions of the application and the resulting agreement or contract for service are binding upon the customer as well as upon the city. The application will protect both parties from error or irresponsible actions of others. Applications are accepted by the city with the understanding that there is no obligation on the part of the city to render service other than that which is then available from its existing facilities. A copy of the application and the contract for service will be furnished to the applicant on request.
   B.   Applications by agents. Applications for service requested by firms, partnerships, associations, and the like shall be submitted, in writing, to the city only by duly authorized agents legally empowered to represent them. When service is rendered under a contract entered between the city and an agent or the applicant, the use of the service by the applicant shall constitute full and complete ratification of the contract.
   C.   Developer agreements. Agreements for the provision of water service for new properties requiring the construction of water facilities shall, upon request by a developer, be prepared by the city. (See § 12-6-6E.) Final zoning approval of a property must be obtained prior to the city's preparation of the agreement.
   D.   Prior indebtedness. The city shall withhold or discontinue service rendered under an application made by any member or agent of a family, household, organization, or business until all prior indebtedness to the city of the family, household, organization, or business has been paid in full.
   E.   Multiple premises served through same meter. When two or more premises are served through the same meter, the owner of the premises must sign the contract or contracts for water service and accept full responsibility for the payment for all service rendered, since no method is available to the city for prorating charges for service among the occupants of the several premises.
   F.   Short-term service. Short-term (or temporary) water service will be supplied only when the city has available unsold capacity of mains, pipes, pumps, and other equipment for the service requested. Applicants for the temporary service shall pay to the city in advance the cost of installing and removing any facilities necessary to furnish the service. Short-term service will be rendered only to the designated location and only within the period of time specified in the contract providing therefor, and shall be utilized only by the contracting party.
   G.   Change of occupancy. When change of occupancy takes place on any premises supplied by the city with water service, written notice thereof shall be given at the office of the Clerk not less than two days prior to the date of change by the outgoing customer, the outgoing customer to be held responsible for all water service rendered to the premises until the written notice has been received and the city has had reasonable time to discontinue service. If the written notice has not been received by the city, the application of a successor occupant for water service will automatically terminate the prior account. For the convenience of its customers, the City Clerk will accept telephone orders to discontinue or to transfer water service and will use all reasonable diligence in the execution thereof. However, oral orders or advice cannot be deemed to be binding and formal notification to the City Clerk.
   H.   Limitation of use. Water service purchased from the city shall be used by the customer only for the purposes specified in the application for service, and the customer shall not sell or otherwise dispose of the service to other parties without the authorization of a formal agreement by the city. Water service furnished to the customer will be rendered directly to the customer through the city meter and shall be for the customer's own use and shall not be remetered by the customer for the purpose of selling or otherwise disposing of water service to lessees, tenants, or others, and under no circumstances shall the customer or the customer's agent or any other individual, association, or corporation install a meter for the purpose of so remetering the service without the express approval of the city. In no case shall a customer extend his or her lines across a street, alley, lane, court, avenue or other highway, or property line without unity of title, in order to furnish service for adjacent property through one meter, even though the adjacent property is owned by him or her. In case of the unauthorized remetering, sale, or disposition of service, the customer's service shall be subject to discontinuance until the unauthorized remetering, sale, or disposition has been discontinued and full payment has been made of all bills for service, calculated under proper classifications and rate schedules, and until reimbursement in full has been made to the city for all extra expenses incurred for clerical work, testing, and inspections.
   I.   Customer's responsibility. The customer is responsible for all water metered to him or her until such time as service is discontinued for one of the following reasons.
      1.   The city receives notice from the customer to discontinue service as of a certain advance date.
      2.   Service is discontinued by the city due to nonpayment of a regular bill within 30 days after mailing of the bill.
      3.   Service is applied for by another customer at which time the former service is automatically discontinued.
(Ord. 175, passed 1-18-1988)