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HomeMy WebLinkAbout2010-44 utility deposits service feesRESOLUTION NO. 2010-44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RESOLUTION NO. 2009-07 ESTABLISHING UTILITY DEPOSITS, SERVICE FEES AND RULES GOVERNING UTILITY DEPOSITS WHEREAS, Ukiah City Code sections 3901 and 3903 authorize the City Council to establish utility deposits and regulations governing utility deposits; and WHEREAS, the City Council has determined that certain deposits and rules are necessary and reasonable to assure that customers of utility services furnished by the City of Ukiah pay for the services provided so that each City resident who benefits from City furnished utilities pays his or her fair share of the cost of providing those services; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. Deposits requirement based on risk factor provided by a Credit Reporting Agency a. Domestic Water service. (1) New service applicants who pose no credit risk will be charged no deposit. (2) New service applicants who pose minimal risk. The greater of the estimated average monthly bill, averaged over a 12 month period, or a minimum of $25.00. (3) New service applicants who pose substantial credit risk. The greater of twice the average monthly consolidated bill for water averaged over a 12 month period, or a minimum of $50.00. (4) Commercial service. The greater of twice the estimated average monthly bill of a similar business, averaged over a 12 month period, or a minimum of $25.00. b. Domestic Electric service. (1) New service applicants who pose no credit risk will be charged no deposit. 1 (2) New service applicants who pose minimal risk. The greater of the estimated average monthly bill, averaged over a 12 month period, or a minimum of $75.00. (3) New service applicants who pose substantial credit risk. The greater of twice the average monthly consolidated bill for electric averaged over a 12 month period, or a minimum of $150.00. (4) Commercial service. The greater of twice the estimated average monthly bill of a similar business, averaged over a 12 month period, or a minimum of $150.00. Section 2. Rules governing utility deposits a. Deposits required. Exceptions. Prior to the City connecting any property to the municipal water or electric systems or to furnishing any property with water or electricity, the applicant for service shall deposit funds with the Finance Department in the amount specified in these regulations, unless a deposit is excused. (1) Property owner exception. Deposits may be waived for any l applicant for utility service who is the owner of record of the property to be served, unless service to the applicant has been disconnected previously for nonpayment of utility bills or within the 12 month period preceding the application the City has issued a Final Notice to the applicant. (2) Satisfactory credit exception. No deposit shall be required from any applicant for utility service who has received utility service for a period of one year without either having service disconnected for nonpayment or having the City issue more than two delinquent notices for nonpayment of a utility bill. b. Return of deposits. (1) Return of deposit. The City shall return a customer's utility deposit after one year of service, if the City has never disconnected that customer's service for nonpayment of a bill for utility service and within the year has not issued more than two delinquent notices to the customer for nonpayment of a utility bill. (2) Redeposit after disconnection. If, after the City returns a deposit, service is disconnected because a customer has failed to pay a utility bill when 2 due, service shall not be restored until the customer provides the City with a new deposit equal to the greater of twice the average monthly consolidated bill for all City furnished utilities, averaged over a 12 month period, or a minimum of $150.00. C. Use of deposits. (1) Use upon termination of service. When utility service to a customer is discontinued for any reason, the City shall use the deposit to reduce or eliminate any balance owing to the City for utility service. If the deposit exceeds the balance owing to the City, it shall refund the difference to the person who furnished the deposit. (2) Use upon filing a petition in bankruptcy. If a customer files a petition with the United States Bankruptcy Court to discharge his or her debts, and the court properly assumes jurisdiction in the case, the City shall treat the deposit as part of the bankruptcy estate. The City shall immediately notify the customer that utility service will be disconnected, if within 20 days of the Notice the customer fails to provide the City with a new deposit equal to the greater of twice the average monthly consolidated bill for all City furnished utilities, averaged over a 12 month period, or $150.00. Section 3. Service charges. a. New service connection fee. In addition to any other deposits or fees required for City furnished utilities an applicant shall pay to the City Finance Department prior to receiving utility service the fees specified in this section 3a for City personnel to connect service. (1) Domestic service: (a) Water $15.00 (b) Electricity $15.00 (2) Commercial service: (a) Water $15.00 (b) Electricity $15.00 b. Late Notices and Fee schedule 3 Delinquent Notice: A delinquent notice will be mailed 36 days after the billing date to accounts that have not been paid to a zero balance with a fee of: Domestic Service $5.00 Commercial Service $5.00 Final Notice (15 day notice): A Final Notice will be mailed 46 days after the billing date to accounts that have not paid past due balances to a zero balance with a fee of: Domestic Service $5.00 Commercial Service $5.00 48 Hour Notice: 48 hour Notices will be personally delivered to the service location by City employees 54 days after the billing date to any customer that has not paid. Domestic Service $25.00 Commercial Service $25.00 Standard Disconnect Fee - Due to Non Pay: Any customer not paying by the due date on the 48hr notice will be disconnected with a fee of: Domestic Service $55.00 Commercial Service $55.00 Standard Reconnect Fee - Due to Non Pay: Any customer requiring a reconnect of service resulting from non-payment will be charged a fee of: Domestic Service $25.00 Commercial Service $25.00 Premium Disconnect Fee - Due to Non Pay In addition to Standard Disconnect Fee: Any customer requiring a linesperson to disconnect services at pole, transformer or underground vault will be disconnected with a fee of: Domestic Service $45.00 Commercial Service $45.00 4 Premium Reconnect Fee - Due to Non Pay in addition to Standard Reconnect Fee: Any customer requiring a Linesperson to reconnect services at pole, transformer or underground vault will be reconnected with a fee of: Domestic Service $45.00 Commercial Service $45.00 Section 4. This resolution shall become effective on January 1, 2011 PASSED AND ADOPTED this 15th Day of December, 2010, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin NOES: None ABSENT: None ABSTAIN: None Mari Rodin, Mayor ATTEST: Q J Anne Currie, City Clerk 5