11A - 2ND READ ORD - WATER AND SEWER with revised ordinance

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(1) The owner or other customer possessing the legal right to act as a lessor, or his authorized agent, informs the department of finance that a tenant has assumed lawful control of the property or premises or that there has been a change of lawful tenants; alternatively, the initial tenant or a new incoming tenant informs the department of finance that they have assumed lawful control of the property or premises. (2) A lease or other rental agreement (signed by the owner or his authorized agent) is provided, clearly specifying that the named tenant shall be responsible for municipal utility services in tenant's own name. A triple -net lease or other written agreement obligating a tenant to pay charges forwater services and other municipal utility services provided to the property or premises in the name of the owner or lessor shall not constitute a transfer in responsibility, and liability for the payment of water charges shall be deemed to remain with the owner or lessor. (c) Deposit. Each applicant, except for the property owner of record, shall make a water service deposit at the time of making an application for turning on water or transfer of responsibility in an amount as set forth by resolution of the city council. The deposit may be refunded or applied as an account credit if and when all municipal utility services account bills rendered have been paid before their delinquent date for a period of one year. (d) In the event occupant(s) of any property or premises having registered a municipal utility services account and transferred municipal utility services into their own name as tenant(s), pursuant to a lease or other rental agreement (signed by the owner or his authorized agent) clearly specifying that the named tenant(s) shall be responsible for municipal utility services in tenant(s)' own name, thereafter quit or otherwise vacate the premises, then responsibility for future charges shall revert to the municipal utility services account of the property owner. Sec. 39-17. - Applications for new water service and change in service size or relocation. (a) Any person desiring to request a new water service or change the size or location of an existing water service shall make application to the agencyfor such addition or change. The agency, if in its judgment determines that the change in service size or location is advisable, will issue a permit authorizing the change. The agency reserves the right to make the final determination of the size of the service connection and its location. An applicant requesting the new water service or requesting the change in service size or location shall be liable for all costs. New locations and changes of the location or the size of water service must be built to city specifications by a private contractor, to be hired by applicant and inspected by city. (b) Meters for new water service, resized service, or relocated service shall be installed by the city. Fees for the service application, meter and installation shall be payable in advance prior to issuance of an occupancy permit. (c) The city shall furnish the meters. Ordinance No. NS -XXX Page 6 of 56 11A-10