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§ 50.12 RIGHT OF ACCESS TO UTILITY METERS.
   The city and the Public Works Authority and any of its employees or representatives shall have the right to enter on any premises and grounds in order to access any utility meters or equipment. Any person who willfully obstructs such access to meters or equipment shall be guilty of an offense. A copy of all applicable utility rates, deposits, and charges, as set by ordinance, motion, or resolution, shall be kept in the City Clerk’s office.
(Prior Code, § 50.13) Penalty, see § 50.99
§ 50.13 LEASE OF MUNICIPAL UTILITY SYSTEMS.
   (A)   The city hereby consents and agrees to the leasing of the city’s municipal utility properties and facilities described as follows:
      (1)   All of the water production, storage, transportation, and distribution system and facilities;
      (2)   Sanitary sewage collection, transportation, proceeding, and disposal system and facilities;
      (3)   Garbage and trash collection, transportation, proceeding, and disposal facilities; and
      (4)   All of the electric production, transmission, and distribution system and facilities, including all tangible property, real and personal, and all interests therein appertaining or related thereto or used in connection therewith, and all rights-of-way, easements, licenses, and other rights and privileges appertaining or related to such system and facilities, or the use thereof, together with all and singular appurtenances and hereditaments thereto appertaining and belonging, including (without limitation by reason of express mention) all buildings and improvements now or hereafter located thereon and all fixtures now or thereafter existing thereto, together with any and all additions, enlargements, extensions, and improvements thereto acquired by the city during the life of the lease for a primary term of 50 years, renewable for successive like terms, to the trustees of the City Public Works Authority (a public trust of which the city is the beneficiary), with such lease to become effective as of 12:01 a.m., on the day following June 26, 1980, the effective date of the ordinance, and the Mayor of the city hereby is authorized and directed to execute the aforesaid lease upon behalf of the city as lessor, in several multiple originals, and after the same shall have been attested by the City Clerk, to deliver such lease to the trustees of the City Public Works Authority.
   (B)   This provision shall be referred to a vote of the electors of the city if a proper referendum petition is properly filed within 30 days after its passage; otherwise, it shall go into effect 30 days after its passage.
(Prior Code, § 50.14) (Ord. 400, passed 5-27-1980)
PUBLIC WORKS AUTHORITY
§ 50.25 PROCEDURES ESTABLISHED.
   The following rules and regulations shall constitute the procedures that will be followed by city personnel to facilitate the provision of municipal utility services on a fair and consistent basis to all citizens of the city and assure that appropriate measures have been taken to assure payment of amounts owed to the City Public Works Authority.
(Prior Code, § 50.15) (Res. 785, passed 11-6-2012)
§ 50.26 NEW SERVICES.
   It shall be the practice of the Walters Public Works Authority (WPWA) to provide municipal utility services, consisting of water, sewer, sanitation, and electricity on a fair and non-discriminatory basis provided all the conditions of service are met and maintained by the end user, citizen, consumer, city resident, or commercial entity.
   (A)   Application must be made. New service connections shall be provided to everyone who moves into town or the outskirts of town where WPWA provides services provided that the consumer makes appropriate application for service(s), provides all required information and documents, posts the required deposits, and assumes responsibility for payment of the services provided.
      (1)   WPWA does not provide all municipal services in all areas of the city. Some services in specific areas are available through other utility providers. During the application process the employee taking the application will check service area maps and inform the individual who the other providers are, and provide contact information for those other providers.
      (2)   The individual shall completely fill out an application for service as approved and amended by the City Council or WPWA Board of Trustees.
      (3)   The individual shall post the appropriate deposit(s) to secure payment for the service(s) requested. Deposits shall be posted to the appropriate account of the city or WPWA and retained for the period of time prescribed by the Council/Board of Trustees.
      (4)   The employee shall prepare the appropriate work order for a meter set (installation of electric or water meter) or service transfer to the requesting individual.
   (B)   New service where no facilities currently exist.
      (1)   Individuals constructing new homes or business will complete the same application as above. The employees will take their contact information and complete the appropriate work order to notify the department supervisors that construction of new facilities will be required. The department supervisors will develop a timeline and estimate of construction costs. The estimate will include the cost of labor, materials, overheads, and easements. Where multiple services are required, multiple estimates will be made by each affected department (water, sewer, electric).
      (2)   Construction estimate costs may exceed the free limit set by the Council/Board of Trustees. In this event, the requesting individual or developer shall be required to make a construction contribution to the city/WPWA for the service extension before any construction begins. Such contributions shall be recorded on the fixed asset accounting system as contributed plant.
      (3)   When a contribution is required, individuals, businesses, or developers may find those costs unreasonable. Department supervisors or the City Manager shall work with the requesting entity to find less expensive routing alternatives to make services available. This may include relocating the home/business, rerouting utility services, or releasing the entity to another service provider that may be closer or less costly.
   (C)   New service at an existing location.
      (1)   When an individual requests service(s) at an existing location or address, the employee shall check the billing records to determine that the service(s) has been disconnected or that the present customer has completed a service disconnect form and that the form has been signed by the current resident/owner. An application for service where a disconnect has not been requested by the current resident/owner shall constitute a red flag event and shall be documented in the red flag register. If and when this occurs, the employee shall contact the current resident/owner and assure that they do in fact desire to terminate services and that they intend to complete a service disconnect form and sign it, or that they have vacated the premises.
      (2)   If the above conditions have been met, the employee will complete a work order to set new meters or to have the existing meters read “in and out.”
      (3)   The in and out reading shall consist of one meter reading for the metered services. The reading shall be the final reading for billing purposes for the current resident/owner and the beginning reading for the new customer moving into the location who assumes responsibility for the bill.
   (D)   Discontinuance of service.
      (1)   Service disconnect forms signed by the customer/owner will be required to assure that service charges cease for the customer/owner leaving the premises.
      (2)   Past experience has shown that customer/owner(s) often leave with no notice, forwarding address, and owing a big bill, especially from rental property. When it is determined that the current responsible customer has vacated the premises, the billing clerk will make every effort to obtain a forwarding address for the departing customers.
      (3)   Connection of a new customer will be in accordance with above rules and regulations.
(Prior Code, § 50.15) (Res. 785, passed 11-6-2012)
§ 50.27 DEPOSITS.
   (A)   Deposits.
      (1) Deposits will be required of all new customers, for each city service requested or provided to the location where their home or business is located. The total deposit required will consist of the numeric sum of the individual deposits.
      (2)   The deposit for each service shall be consistent with the service deposits established by the City Council and approved in open public meeting under state law.
      (3)   All service deposits shall be shown on a tariff sheet identified as the schedule of deposits. A schedule so identified will be reviewed and amended by the City Council periodically as they and city management deem necessary to limit the city/WPWA exposure to unpaid balances.
      (4)   In addition to the initial deposit(s) to establish service, any customer who pays late twice in any six consecutive-month period, or is on the disconnect list, but not disconnected, shall have their deposit balance reviewed. If their initial deposit is less than two times the average billing for the most recent consecutive six months, the customers will be required to post additional deposits equal to the two-months’ average billing.
         (a)   Customers who are required to pay additional deposits under the above provisions, may elect to either pay the balance of the additional deposit in one payment or spread it over three equal payments over the following three months.
         (b)   Customers required to post additional deposits shall also pay all current bills when due. Customers who fail to pay current shall be required to pay all amounts, bills, and deposits immediately.
         (c)   Customers who default on making the additional deposits shall be given ten days’ notice that service will be terminated if the default is not cured.
         (d)   Customers who are still in default after ten days’ notice shall have all services terminated.
      (5)   Customers in bankruptcy, other than liquidation, shall be required to post a new deposit equal to two times the average monthly billing to secure post petition consumption. The customer will be provided ten days’ notice of the deposit requirement. If the new deposit is not paid within the ten-day period, service shall be terminated until security deposits are paid in full.
   (B)   Refund of deposits. In the normal course of business, deposits will not be refunded until the customer discontinues receiving service(s) from WPWA. Upon service termination, deposits will be applied to any and all final billings for the services rendered by WPWA. If deposits are insufficient to cover final billings, the customers will be mailed a final billing at their new address. Any deposit funds remaining after the final bill has been applied will be returned to the customers as soon as possible by mailing it to their new address.
(Prior Code, § 50.15) (Res. 785, passed 11-6-2012)
§ 50.28 DISCONNECTION FOR NONPAYMENT.
   It shall be the policy of the WPWA/city that services be terminated for nonpayment in accordance with this approved disconnection procedure. Employees shall assure that customers have been given the required notices, the number of days, and provided with a list of other agencies, organization, or groups that may be able to help them pay their bills.
   (A)   Utility bills shall be mailed to the customer at their service address or business address. Bills will indicate the due date and the late payment due if not paid on or before the due date.
   (B)   Customers who do not make payment seven days after the due date will receive a disconnect notice, hand delivered to their door. The notice will indicate that if payment has not been received within seven days of the notice (that’s 14 days total), service will be discontinued/terminated.
   (C)   Individuals may contact the billing clerk and make other payment arrangements. Persons who request additional time or payment arrangements will be subject to deposit review and may be required to post additional deposits.
   (D)   Customers who have exhausted time limits and/or payment arrangements will be disconnected for nonpayment without additional notice.
   (E)   Customers disconnected for nonpayment shall pay all amounts owed, past due and current, disconnect fees, trip charges, and all other applicable fees before service(s) are restored.
(Prior Code, § 50.15) (Res. 785, passed 11-6-2012)
§ 50.29 FEES.
   (A)   The following fees will be applied to utility bills paid late, or requiring additional collection procedures.
      (1)   Bills not paid by the due date shown on the bill shall be charged an additional 5% as shown on the bill as the “amount due if not paid by the due date.”
      (2)   If the WPWA/city is required to hand deliver a disconnect notice, an additional fee will be added to the bill.
      (3)   If the customer is physically disconnected, an additional fee will be added to the bill (trip charge).
      (4)   If the customer then pays his or her bill and related charges, an additional reconnect fee will be charged to the bill to cover the reconnect trip costs.
      (5)   All fees and additional deposits must be paid before service(s) are restored.
   (B)   A returned check fee will be assessed on all checks returned to the WPWA regardless of the reason returned.
   (C)   These fees will be shown on a tariff sheet titled billing fee schedule and will be subject to revision as the City Council/Board of trustees deem necessary. All changes in the fees shall be done in open public meeting per state law.
(Prior Code, § 50.15) (Res. 785, passed 11-6-2012)
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