Needles Municipal Code § 2.3 Grounds for Refusal of Service

2.3.2 A condition exists which in city's judgment is unsafe or hazardous. 2.3.3 Applicant has failed to make the security deposit requirements set forth by city as specified under 2.4., 2.5 or 2.6. 2.3.4 Applicant is known to be in violation of city's rate schedule. 2.3.5 Applicant fails to furnish to City funds required to serve Applicant and which have been specified as a condition for providing service. 2.3.6 Applicant falsifies his or her identity for the purpose of obtaining service. 2.3.7 Service is already being provided at the address for which Applicant is requesting service. 2.3.8 Service in the name of another customer currently living with the applicant at the same address for which service is being requested has been terminated for nonpayment and a delinquent balance is still outstanding. 2.3.9 Prior customer was terminated for any of the below reasons and continues to reside on the premises for which applicant requests service.

a). Failure to pay a delinquent bill for utility service. b). Failure to maintain deposit requirements. c). Failure to pay for a bill to correct a previous under billing. d). Failure to comply with curtailment procedures imposed by the city during service shortages. e). Failure to provide reasonable and safe access to city's equipment and property. f). Breach of written contract between City and Customer.

2.3.10 Applicant has failed to obtain all required permits and/or inspections indicating that Applicant's facilities comply with local construction and safety codes.

2.4 Establishment of Residential Credit or Security Deposit.

2.4.1 Residential Establishment of Credit. City may not require a security deposit from a new Applicant for residential wastewater collection and treatment service if Applicant is able to meet any of the following requirements:

2.4.1.1 Applicant has had service of a comparable nature with City at another service location within past two (2) years and was not delinquent in payment to any utility during the last twelve (12) consecutive months, or disconnected for nonpayment, or has not had an unpaid final bill.

2.4.1.2 Applicant can provide a letter regarding credit or verification from a utility where service of a comparable nature was received within the last two years, and the letter states that the Applicant had a satisfactory payment history at time of service discontinuation, and such service was for at least 12 consecutive months.

2.4.1.3 Applicant provides a guarantor, satisfactory to the City, to secure payment of bills for the service being requested.

2.4.2 Residential Establishment of Security Deposit. When credit cannot be established as provided for in Section 2.4.1 hereof or when it is determined that Applicant left an unpaid final bill owing to another utility, Applicant may be required to place a cash deposit to secure payment of bills for service.

2.5 Establishment of Nonresidential Credit or Security Deposit.

2.5.1 Nonresidential Establishment of Credit. City may not require a security deposit from a new Applicant tor Nonresidential wastewater collection and treatment service if Applicant is able to meet any of the following requirements:

2.5.1.1 Applicant has had service for at least one year of a comparable nature with City at another service location within the past two years, and was not delinquent in payment to any utility during the last twelve (12) consecutive months, or disconnected for nonpayment, or has not had an unpaid final bill.

2.5.1.2 Applicant can provide a letter regarding credit or verification from a utility where service of a comparable nature was last received which states Applicant had a satisfactory payment history at time of service discontinuation, and such service was for at least 12 consecutive months.

2.5.2 Nonresidential Establishment of Security Deposit - Except as provided in §2.5.1, all nonresidential Applicants may be required to:

2.5.2.1 Place a cash deposit to secure the payment of bills for service as prescribed herein, or

2.5.2.2 Provide a noncash security deposit in the form of a Surety Bond, Irrevocable Letter of Credit or Assignment of Moneys in an amount equal to the required security deposit.

2.6 Re-establishment of Security Deposits.

2.6.1 Residential - City may require a residential Customer to establish or reestablish a security deposit if Customer becomes delinquent or if the customer has been disconnected for nonpayment during the last twelve (12) months, or when Customers financial condition may jeopardize the payment of their bill as determined by a bankruptcy filing.

2.6.2 Nonresidential - City may require a nonresidential Customer to establish or reestablish a security deposit if the Customer becomes delinquent or if the Customer has been disconnected for nonpayment during the last twelve (12) months, or when the Customers financial condition may jeopardize the payment of their bill, as determined by a credit investigation, financial reorganization notice or bankruptcy filing.

2.7 Security Deposits.

2.7.1 Residential security deposits must be a minimum cash deposit of one hundred dollars ($100.00) or two times the combined estimated monthly billing for water, wastewater and solid waste ' collection services whichever is the greater.

2.7.1.1 Deposits will automatically be refunded after 12 months of service provided Customer has not been delinquent in the payment of bills or disconnected for nonpayment during the previous twelve (12) consecutive months, unless Customer has filed bankruptcy.

2.7.2 Nonresidential security deposits may be either cash or noncash, as described in 2.7.2.1, and must be a minimum deposit of one hundred dollars ($100.00), or two (2) times Customer's combined estimated monthly billing for water, wastewater and solid waste collection services.

2.7.2.1 Deposits and noncash deposits on file with the City will be reviewed after twenty-four (24) months of service and will be refunded or released provided Customer has not been delinquent in the payment of bills or disconnected for nonpayment during the previous twelve (12) consecutive months, unless the Customer's financial condition warrants extension of the security deposit Deposits not returned within the first twenty four month period, shall be reviewed annually to determine if Customer qualifies tor return of the deposit

2.7.3 City reserves the right to increase or decrease the security deposit amount when the Customer's rate for monthly charges changes by more than ten (10) percent. Separate security deposits may be required for each location.

2.7.4 Customer security deposits shall not preclude City from terminating agreement for service or suspending service for any failure in the performance of Customer obligation under the agreement for service.

2.7.5 Cash deposits held by the City shall not earn interest. Deposits on inactive accounts may be applied to the final bill and the balance if any, will be refunded to the Customer of record within suety (60) days.

2.7.6 If Customer terminates service with City, the security deposit may be credited to Customer's final bill.

2.8 Facility Extensions. Installations requiring the City to extend its facilities in order to establish collection and treatment service will be made in accordance with City's Conditions Governing Extensions of Wastewater Collection and Treatment Services.

3. Rates.

3.1 Rate Information - City shall provide a copy of the rate schedule to the Customer, when requested. In addition, City shall notify Customers of any changes of rate schedules affecting those Customers.

3.2 Rate Selection - Customer's service characteristics and service requirements determine the selection of the applicable rate schedule. City will use reasonable care in initially establishing service to the Customer under the most advantageous rate schedule applicable to the Customer. However, City cannot guarantee that the most economic applicable rate will be applied. City will not make any refunds in any instances where it is determined that Customer would have paid less for service had Customer been billed on an alternate applicable rate or provision of a rate.

4. Billing and Collection.

4.1 Customer billing.

4.1.1 Wastewater collection and treatment service billing periods normally consist of approximately 30 days unless designated otherwise under the rate schedules or at City option.

4.1.2 The City normally bills each premise separately for wastewater collection and treatment service; however, adjacent and contiguous premises not separated by private or public property or right-of-way and operated as one integral unit under the same name and as a part of the same business and having only one connection to the wastewater collection system, may be considered a single premise.

4.1.3 Wastewater collection and treatment service bills will be rendered in combination with water service bills when the premise(s) is connected to the City's water system.

4.1.4 Customer's receiving a combination wastewater/water service bill may not pay the services separately.

4.2 Adjustment of Bills for Billing Error.

4.2.1 A billing error is an error by the City which results in incorrect billing charges to the Customer, Billing errors may include clerical errors by a City representative such as applying the wrong rate, wrong billing factor or an incorrect calculation. Billing error does not include unauthorized use, failure of the customer to notify the City of changes in operation, or failure of the Customer to take advantage of a rate or condition of service which the Customer is eligible.

4.2.2 Where the City overcharges or undercharges a Customer as the result of a billing error, the City may render an adjusted bill for the amount of the undercharge, and shall issue a refund or credit to the Customer for the amount of the overcharge, for the period of the billing error, but not to exceed three years in the case of an overcharge, and, in the case of an undercharge not to exceed three months for residential service and one year for any other class of service.

4.3 BUDGET BILLING Every October customers except for solar customers who have been at their location for a 12-month period can enroll in the budget bill plan, which spreads out the costs of the utility bill evenly over a 12-month period, customers must be at a zero balance and not on a payment arrangement. Budget bills will settle-up every September, if the customer has used over their budget bill allotment and cannot pay their overage, they will be taken off the budget bill and put on a 12-month long-term payment arrangement, once the payment arrangement is fulfilled the customer can go back on the budget bill the next October. Budget bills will be recalculated every September to the amount the customer has used the year before the budget bill amount will either be higher or lower than the customer was paying the year before. Customers must sign a document of understanding when they enroll in the budget bill plan.

4.4 Collection Policy. It is the policy of the City to discontinue wastewater collection and treatment services to Customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The City's application for service and all bills shall contain an address and phone number where Customers may direct billing concerns.