§ 25-50. Customer contract for service.

(a)

No service shall be provided to any customer unless such customer shall have first made application for service and entered into a contract for service upon forms provided by the finance director. All applications for service shall be made in the true name of the customer actually to receive and use the service, unless otherwise permitted by the finance director, and the use of a fictitious name by the prospective customer shall be grounds for the finance director to refuse or terminate service. Presentation of valid customer identification shall be required to ensure accuracy of customer account information. A separate application and customer contract shall be required for each location for which service is desired. Any change in the identity of the customer of record (including the change of ownership of more than fifty (50) percent of the stock of a corporation) for the customer's premises requires a new application and customer contract. The finance director may discontinue service until the new application and customer contract have been executed.

(b)

Any person who obtains service for the benefit of themselves and/or for others without executing the required customer service contract shall be liable for all charges for services rendered and be subject to the provisions of subsection 25-100(d). In addition, any water usage at an address during the time when there is no active customer account will subject the property owner to an illegal turn on fee of fifty dollars ($50.00) for each instance and for each address turned on without prior execution of a customer service contract. This turn on fee shall be assessed on each party responsible for this violation, including, but not limited to the property owner and/or parties acting on his behalf. This fee can be charged to any active service account of the above named responsible parties.

(c)

The customer shall be liable for all charges for service rendered to the customer's premises until the customer provides written notice to the finance director that the customer wishes to terminate service, or, until otherwise terminated by the city.

(d)

Service will not be allowed to continue in a deceased customer's name. The surviving spouse, who was a member of the decedent's household, will be allowed to put the service in his or her name upon the execution of a customer service contract without the requirement of a deposit for an account in good standing. The execution of a new customer service contract and deposit, as required under sections 25-50 and 25-51, will be required for all others taking over the decedent's service.

(e)

A property owner may execute a landlord responsibility contract under which the landlord may take over responsibility of payment of an account when there is no other customer signed up for that service address. The landlord responsibility contract is available to a property owner who has established twenty-four (24) consecutive months of service immediately preceding the effective date of the contract with no more than three (3) delinquent bills nor been disconnected for nonpayment of any account during the time period or who pays the required deposit of eighty dollars ($80.00) per meter location. After a landlord has established a twenty-four (24) month satisfactory record of payment, as determined by the finance director, with no delinquent bills nor been disconnected for nonpayment, the deposit will then be applied to any outstanding accounts and the remaining balance refunded to the owner. Service may be terminated on any customer at a service address under a landlord responsibility contract as provided under section 25-52. The property owner shall be responsible for payment of his tenant's unpaid account prior to any establishment of future service at that address.

(f)

An agent representing a property owner may establish a service continuation agreement with the city where the service at an address as provided to the city will not be disconnected until either a new customer service contract is executed for that address or the service continuation agreement is cancelled by either the agent or the city. No security deposit shall be required of the agent. The agent and property owner represented shall be jointly and severally liable to pay for the services rendered to the premises and failure to pay for such services will result in their disconnection; transfer of outstanding charges to another account of the agent or property owner; and shall result in the agent being ineligible to further participate in the service continuation program.

An annual one hundred dollar ($100.00) nonrefundable administrative fee will be required of each agent prior to participation in the service continuation program.

(g)

All customers shall be subject to the provisions of this article, together with all applicable rules and regulations heretofore or hereafter adopted or promulgated by the city.

(Ord. No. 10911, § 2, 4-2-90; Ord. No. 11378, § 5, 3-15-99; Ord. No. 11848, § 1, 11-17-2008; Ord. No. 12176 , § 1, 10-19-2015, eff. 1-1-2016)