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A. The Department provides its Utility Services to qualifying Owners of a Premises that hold valid contract(s) in good standing with the Department. No Owner or occupant of a Premises is entitled to receive Utility Services on demand at the Premises. For purposes of these Rules and Regulations, a Contract for Service may also be referred to as an agreement or an accepted Application for Service. The Contract for Service establishes a binding contractual agreement for Utility Services with the City of Toledo upon acceptance by DPU of all application requirements, including the Application for Service, as solely determined by DPU. The Department may intermittently in these Rules and Regulations and in practice refer interchangeably to the valid recipient of such Utility Services as a Consumer, Customer, contract holder, Account Holder, Owner or Business Partner. Tenants, lessees or similar non-contracting parties with the Department are neither Customers nor third-party beneficiaries of a Customer.
B. Acceptance and/or receipt of Utility Services shall constitute a knowing and voluntary agreement by the recipient to be bound by all applicable laws, rules and regulations, as may currently exist or as may be changed from time to time, contained herein, in the ORC, TMC or elsewhere. Unless clearly mandated by law, the City and/or Department shall not provide Utility Services for free or at a discount.
C. No oral modification to the agreement is permitted nor shall any such modification be binding on the City. No written modification to the agreement shall be permitted unless it is on a form proscribed by counsel for the City and signed by the Director.
D. In exchange for obtaining Utility Services from the City, a Customer agrees and acknowledges that the receipt of Utility Services at the Premises is for the Owner's occupation or the Owner's authorized representative's occupation and that for the purposes of ORC § 743.04 is the Owner who occupies the Premises served.
A. Prior to any access to Utility Services, including, without limitation, taps and tees to utility lines, the Owner must apply for said Utility Services. An application for Utility Service shall be completed by the Owner and shall be made in the manner specified by the Department from time to time. Some requirements include, without limitation: providing valid identification; providing proof of ownership and due authority; and satisfaction of any and all outstanding charges related to the Premises that is the subject of the application and/or other properties owned by or controlled by the applicant or other applicant accounts. The application must be signed by the Owner(s) or by the Owner's legally authorized agent. In the event that more than one Person or entity is the Owner, for example, a husband and wife, each Owner will be jointly and severally liable for the charges on the account or attributable to the Premises served. By submitting an application for Utility Services or accepting Utility Services, the applicant/recipient represents and warrants to the Department that the applicant is the lawful Owner of the Premises to receive Utility Services.
B. Information regarding an application or account is confidential, except where disclosure is required: under applicable public record laws; federal, state or local laws; for authorized law enforcement or postal authorities; for collection purposes; or when authorized by the Customer. The Department may verify ownership, Account Holder and due authority information using available online public information, such as AREIS and the Ohio Secretary of State.
C. An application may be denied for reasons determined by the Department, including, without limitation: if the Department is aware that the Premises has delinquent charges or unpaid fees for repairs or other work performed by the Department, or if the applicant and/or entities under applicant's control has delinquencies or owes fees for other properties, or if the applicant and/or entities under applicant's control has delinquencies or owes fees, etc., to the City for any matter.
D. Deposits.
1. The Department may require a Customer to furnish a deposit as a condition of application approval for any reason deemed to be in the best interests of the Department, including, without limitation: payment history, bankruptcy filings, foreclosure filings, or receiverships.
2. For the purposes of the TMC, including, without limitation, TMC § 933.04, the Department has determined that additional amounts are necessary to secure payments for Utility Services. Therefore, the amount of deposit required may vary, but will generally be equal to two (2) billing cycles' worth of charges (two [2] quarters for standard residential accounts or two [2] months for larger, commercial accounts). The Department may raise or lower the deposit at its discretion.
3. The Department may require an established Customer to furnish a deposit or an additional deposit, at its discretion, based on factors such as payment history and/or court filings.
4. The Department may apply a deposit as a credit to the account after a period of time as determined by the Department based on payment history and other relevant factors.
E. Trusts. When an application is made in the name of a title-holding trust or any similar Owner, the trustee shall provide the Department with a complete copy of the valid trust agreement applicable to the Premises that is the subject of the application. No Utility Service shall be provided to the Premises until a complete copy of the valid trust agreement is furnished and said trust agreement clearly authorizes the trustee or trustees to contract for and handle utility matters. In the event there is more than one trustee, only one need sign the contract for Utility Services unless the trust agreement indicates otherwise. If the trust expires, terminates or relinquishes its rights in the property to another, the new Owner must contract for Utility Service.
F. Condominium or Homeowner Associations. When an application is made in the name of a condominium ("condo") or homeowner association or any similar Owner, the condo or homeowner association shall provide the Department with a complete copy of the valid and recorded association documents applicable to the Premises that is the subject of the application. No Utility Service shall be provided to the Premises until a complete copy of the valid and recorded association documents are furnished and that said documents clearly authorize the person making application to contract for and handle utility matters. If the association documents expire or terminate, the new Owner must contract for Utility Service.
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