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HomeMy WebLinkAbout89-38RESOLUTION NO. 89-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING UTILITY DEPOSITS 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 required. a. Water service. (1) Domestic service. The greater of the estimated average monthly bill, averaged over a 12 month period, or $10.00. (2) Commercial service. The greater of twice the estimated average monthly bill, averaged over a 12 month period, or $10.00. b. Electric service. (1) Domestic service. The greater of the estimated average monthly bill, averaged over a 12 month period, or $50.00. (2) Commercial service. The greater of twice the estimated average monthly bill, averaged over a 12 month period, or $50.00. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 regulations, unless a deposit is excused as provided in this section 2a. (1) Property owner exception. Deposits may be waived for any 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 a Final Notice of nonpayment. 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 a Final Notice 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 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 $100.00. 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 - 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 (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 great of twice the average monthly consolidated bill for all City furnished utilities, averaged over a 12 month period, or $100.00. Section 3. Service charges. a. Turn-on service charge. 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 servicemen turning service on at the residence or business. (1) Domestic service. (a) Water. $7.50 (b) Electricity. $7.50 (2) Commercial service. (a) Water. $7.50 (b) Electricity. $7.50 b. Reconnection fees. If a customer requests reconnection of water or electric service after the service to that customer has been disconnected for any reason, the customer must pay the fees specified in this section 3b to the City Finance Department before service is reconnected. (1) Domestic service. (a) Water. $7.50 (b) Electricity. $7.50 -3 - 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 26 27 28 (2) Commercial service. (a) Water. (b) Electricity. $ 7.50 $ 7.50 c. Delivery/trip charges. When City employees must personally serve Notices on customers relating to nonpayment of utility bills, the City shall charge the customer the fees specified in this section 3c. The fees must be paid in addition to any other fees and charges then due and owing to prevent a termination of service. disconnected). (1) Final 48-hour Notice. (a) Domestic service. $ 6.00 (b) Commercial service. $12.00 (2) Disconnect Notice. (completed at time service (a) Domestic service. $30.00 (b) Commercial service. $35.00 Section 4. This resolution shall become effective on June 3, 1989. PASSED AND ADOPTED on April 19 , 1989, by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, Hickey, and Mayor Henderson. Councilmember Shoemaker. NOES: ABSENT: None. ATT ST: R:Resl - 4-