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§ 52.54  WATER MAIN EXTENSIONS.
   The City Water Utility requires a person(s), firm(s) and/or corporation(s) to pay for the costs of the extension(s) required to adequately serve water for domestic, commercial and/or fire protection.  This policy intends to place the costs of installation of local water mains upon the owners of the properties benefitted.
(Ord. G-91-1048, passed 2-4-91)
BILLING PROCEDURES; RATES
§ 52.65  DEPOSITS.
   (A)   All waterworks accounts shall be in the name of the owner of the real property being serviced by the Utility.  Upon the written request of the owner, the utility shall send the water bill to a tenant or other non-owner resident provided that the owner signs a statement, in a form determined by the City-Clerk Treasurer, acknowledging full responsibility to pay the water bill in the event of non-payment by the tenant or residential user.  The Utility shall require each non- owner tenant or resident to post a cash deposit equal to the applicant’s estimated billing for a period of 90 days, but not less than $100, as a guarantee against the non-payment of bills for service.  No water service shall be connected or continued in the name of a new tenant or non-owner resident until the owner of record for the property has signed the above described written statement accepting full responsibility and the non-owner resident has posted the deposit with the Clerk-Treasurer.
   (B)   The utility may require a present customer to make a reasonable cash deposit when the customer has been mailed a disconnect notice for two consecutive months or any three months within the preceding 12 month period, or when the service has been disconnected pursuant to § 52.67.  The amount of such deposit will not exceed an amount equal to their estimated billing for a period of 60 days, but not less than $25, as a guarantee against non-payment of future bills for service.  In cases where such deposit is required as a result of a disconnection for non- payment, full payment of the deposit will be required prior to restoration of service.
   (C)   Except for non-owner deposits, deposits will be refunded promptly, along with a statement accounting for each transaction involving the deposit, upon satisfactory payment by the customer for a period of 12 months consecutively.  Any customer whose account was delinquent for any two consecutive months during the 12 month period will not qualify for such consideration.
   (D)   Procedure following a customer request for termination of service:
      (1)   The utility will require payment of any past due balance currently billed and owing;
      (2)   The utility will apply the deposit to the final billing;
      (3)   Any portion of the deposit remaining after such application will be forwarded to the customer.
   (E)   The utility will maintain a record of each applicant or customer making a deposit which will indicate:
      (1)   The name of the customer;
      (2)   The current address of the customer so long as there exists an active account with the utility in the same name;
      (3)   The amount of the deposit;
      (4)   The date of receipt of deposit; and
      (5)   A record of each transaction affecting such deposit.
   (F)   Each customer will be provided a written receipt from the utility at the time the deposit is paid.
   (G)   Any deposit made by the applicant, or any other person to the utility (less any lawful deductions), or any sum which the utility is ordered to refund for utility service, which has remained unclaimed for seven years after the utility has made diligent efforts to locate the person who made such deposit or the heirs of such persons, will be presumed abandoned and treated in accordance with the laws of this state as “Uniform Disposition of Unclaimed Property Act.”
   (H)   A deposit may be used by the utility to apply toward any unpaid balance following disconnection of service, provided, however, that any surplus may be returned to the customer.  In instances where the deposit is used to apply to arrearages, the utility may require a new deposit to replace that applied to unpaid balances before service is restored.
(Ord. G-91-1048, passed 2-4-91; Am. Ord. G-02-1127, passed 9-9-02)
§ 52.66  BASIS FOR MONTHLY BILLING.
   (A)   All water usage charges, other than for unmetered fire service or other special purposes, will be calculated upon the registration of the meter or meters installed, which registration shall be prima facia evidence of the amount of water used.
   (B)   (1)   The utility will make an effort to read meters every month or at intervals as designated by the City Board of Public Works and Safety.  In the event that the utility is unable to read the meter, or should the meter fail to register, or if the utility is unable to gain access to the customer’s premises, the customer will be billed on the basis of average of consumption as shown by the record of previous meter readings.
      (2)   The first charge after a meter reading is obtained will be then adjusted by averaging consumption over a period from the last reading, charging for each period in accordance with the schedule of rates in effect for the periods, and allowing credit for the amount of estimated billings as applicable to the event.
   (C)   After six consecutive months of estimating, the utility will automatically boost the consumption to four times the estimated amount.  The customer will continue to be billed at the boosted rate until such time as an actual read is taken and validated.  Any necessary billing adjustments will be made on the following billing, after the actual read.
   (D)   Where water is taken through more than one meter, then, each meter will be read and billed separately.
   (E)   All water passing through meters will be charged for at the applicable rates, whether used, wasted or lost through leakage.
   (F)   The utility will not be bound by billings rendered under a mistake of fact as to the quantity of service rendered.
(Ord. G-91-1048, passed 2-4-91)
§ 52.67  PAYMENT OF BILLS; FAILURE TO PAY.
   (A)   Billings rendered to customers for water service will reflect at least the following information:
      (1)   The dates at the beginning and ending of the service period, and the meter reading at the end of the period for which the billing is rendered;
      (2)   The previous balance, if any;
      (3)   The amount of the billing;
      (4)   The date on which the billing is due;
      (5)   If an estimated billing, a clear coding or other indication identifying the billing as an estimated bill;
      (6)   An explanation, which can be readily understood, of all the codes and/or symbols on the billing.
   (B)   Billings will be rendered monthly. If a billing is not paid on or before the due date indicated on the billing, the customer will be considered delinquent.  A period of two consecutive months delinquent will then constitute termination of water services to the customer by the utility.
   (C)   Failure to receive a billing shall not affect the right of the utility to cut off and discontinue service for non-payment as provided above.
   (D)   At the time of the execution of any agreement, the customer must agree to pay all future billings as they become due for water service.  Failure to fulfill the terms of the agreement will make the same null and void and the total unpaid past-due amount, together with any associated service charges related thereto, will become due.  Failure to comply with the conditions of the agreement will result in the discontinuance of the service without further notice to the customer.
   (E)   Disputing the accuracy of any billing shall not be a valid reason for non-payment of the billing by the customer, or abatement of charges.
   (F)   The customer may pay a billing under protest, giving written notice that redress of the dispute is being sought by the customer.  Such written notice must be filed with the Utility Office Department of the Utility, with payment, prior to the due date of the billing, with no exceptions.
   (G)   The Board of Public Works and Safety shall review the written protest as received from the customer, for disposition of the request.  Utility Office personnel will not be in authority to render disposition of the dispute.
   (H)   Failure to make payment on or before the billing due date, pending settlement of a disputed billing, shall be considered the same as with any other past due account, regardless of past payment history of the customer.
   (I)   All water charges follow the customer rather than the property; if a customer moved from the premises where water service has been supplied, such customer will be held responsible for the payment of all billings rendered for the service supplied to the premises until proper notice of discontinuance of water service has been given to the office of the utility.
   (J)   Moving from one location to another location in no way absolves the customer from any unpaid charges incurred at a previous location.
   (K)   A customer’s service may be discontinued for failure to pay any of the unpaid charges due from the customer, regardless of the premises with respect to which the charges were incurred.
(Ord. G-91-1048, passed 2-4-91)
§ 52.68  ADJUSTMENT OF BILLING.
   (A)   Adjustments due to meter error.  If any service meter is found to not be accurate, the following procedure for the adjustment of billings will be observed:
      (1)   Fast meters.  When a meter is found to have a positive average error (for example, is fast, in excess of 2% the utility will refund or credit the customer’s account with the amount in excess of that determined to be an average charge for one-half of the time elapsed since the previous test of the meter, or six months, whichever period is shorter.  This average charge will be calculated on the basis of the units registered on the meter over corresponding periods either prior or subsequent to the period for which the meter is determined to be fast.  No part of a minimum service charge will be refunded.
      (2)   Stopped or slow meters.  When a meter is stopped or has a negative average error (for example, is slow, in excess of 2% the utility may charge the customer an amount estimated to be an average charge for one-half of the time elapsed since the previous meter test or six months, whichever period is shorter.  This average charge shall be calculated on the basis of the units registered on the meter over the corresponding periods or subsequent to the period for which the meter is determined to be slow or stopped.  Such action may be taken only in cases where the utility is not at fault for allowing the stopped or slow meter to remain in service.
   (B)   Billing.  All billing errors, including incorrect tariff applications, will be adjusted to the known date of the error or for a period of one year, whichever is shorter.
(Ord. G-91-1048, passed 2-4-91)
§ 52.69  COLLECTIONS; DEFERRED PAYMENT CHARGE.
   (A)   Civil action.  The utility may bring a civil action to recover any delinquent charges together with applicable interest at the statutory rate, the costs and disbursements of the actions, and any other remedies prescribed by law.
   (B)   Deferred payment charges.  All billings for water services not paid on or before the due date indicated on the billing shall be subject to a collection or deferred payment charge of 10% or as amended by ordinance from time to time, and in effect at the time that the charge is posted to the account.
(Ord. G-91-1048, passed 2-4-91)
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