CHAPTER 55
UTILITIES
Section
55.01 Standard utility deposits and classifications
55.02 Utility deposit requirements
55.03 Discontinuation of services due to delinquency; collection procedures
55.07 Billing responsibilities
55.09 Utility deposits required for customers with non-collectible history
55.10 High-risk deposits and classifications
55.14 Nonsufficient funds payment for meter deposits
55.01 STANDARD UTILITY DEPOSITS AND CLASSIFICATIONS.
This section governs minimum deposit amounts for customers deemed a minimal risk to the City of Rensselaer.
(A) The following deposits shall be applicable and collected for the electric, gas, water and sewage utilities of the City of Rensselaer.
(B) The deposit amount and classification shall be based upon the intended utility usage. The sewage deposit is based upon the water meter size.
(C) A deposit is required for each utility at each metered point of service regardless of the number of meters or number of locations of utility services in a customer’s name.
(D) Service will not be established until the deposits are paid in full.
|
Electric Size |
Deposit $ |
Gas |
Deposit $ |
Water Meter Size |
Deposit $ |
Sewage |
Deposit $ |
|---|---|---|---|---|---|---|---|
|
Residential |
$75.00 |
Residential |
$75.00 |
5/8" and 3/4" |
$75.00 |
5/8" and 3/4" |
$75.00 |
|
|
1" |
$100.00 |
1" |
$100.00 |
|||
|
Single Phase |
$225.00 |
Commercial 1 |
$225.00 |
1 1/2" |
$150.00 |
1 1/2" |
$150.00 |
|
|
2" |
$200.00 |
2" |
$200.00 |
|||
|
Three Phase |
$450.00 |
Commercial 2 |
$450.00 |
3" |
$350.00 |
3" |
$350.00 |
|
|
4" |
$600.00 |
4" |
$600.00 |
|||
|
Large Power |
$750.00 |
Commercial 3 |
$750.00 |
6" |
$800.00 |
6" |
$800.00 |
(Ord. 4-00, passed 6-12-00; Am. Ord. 9-04, passed 5-10-04; Am. Ord. 17-2009, passed 9-14-09; Am. Ord. 02-2019, passed 3-25-2019; Am. Ord. 18-2021, passed 9-27-2021)
55.02 UTILITY DEPOSIT REQUIREMENTS.
(A) A utility deposit for electric, gas, water and sewage utilities services is required prior to services being rendered.
(B) On all rental property (landlord/tenant situations), regardless of whether the property is residential, commercial, or of other character, each landlord shall have the option of maintaining a deposit for all utilities for each rental location for each metered point of service, or the option of maintaining no deposits for any of the landlord’s rental locations.
(C) In the event the landlord chooses to maintain a deposit on each rental property, regardless of whether a tenant has a deposit on file, upon an event that would cause a disconnect, the utilities shall remain connected, and the utility account shall be read back into the landlord’s name with no interruption in service.
(1) If the landlord chooses to maintain deposits, utilities will automatically be read back into the landlord’s name in the event the property becomes unoccupied.
(2) The landlord will receive notification by mail when the utilities are put into the landlord’s name.
(3) An updated “Rental Property Owner Questionnaire” (Appendix A) must be on file.
(D) In the event that the landlord has elected not to maintain a deposit in the landlord’s own name, and utility service is subject to being disconnected for any reason, the utility service shall be disconnected in accordance with the provision of any of the ordinances of the city.
(1) If the landlord chooses not to maintain deposits, utilities will automatically be shut off in the event the property becomes unoccupied.
(2) The city will not be held liable for any damages caused as a result of utilities being disconnected.
(3) If deposits are made to turn services on in the landlord’s name, they will be refunded as soon as the utilities are no longer in the landlord’s name and the final bill has been satisfied.
(4) An updated “Rental Property Owner Questionnaire” (Appendix A) must be on file.
(E) Deposit will be required on each utility service so disconnected before service will be restored. Landlords shall not have the option of maintaining deposits on some locations and not on others.
(Ord. 4-00, passed 6-12-00; Am. Ord. 9-04, passed 5-10-04; Am. Ord. 17-2009, passed 9-14-09)
55.03 DISCONTINUATION OF SERVICES DUE TO DELINQUENCY; COLLECTION PROCEDURES.
(A) Notice of termination of service shall be provided to the customer by applicable language added to the monthly utility bill statement.
(B) Payment agreements.
(1) If customer is unable to pay past due account balance in full before termination date, a payment agreement may be made to avoid disconnection of service.
(a) Agreement shall be made in writing.
(b) Agreement provides customer an additional 14 calendar days to pay past due balance in full.
(C) Discontinuance of service(s).
(1) Failure to pay account balance in full within 14 calendar days from the due date will result in the initial discontinuation or shutoff of one utility service.
(2) If the disconnect date is followed by a weekend or holiday, the meter will be turned off on the next working business day.
(3) Failure to pay the delinquent charges and fees in full within seven calendar days from the initial disconnect will result in the discontinuance of the remaining utilities.
(4) Failure to keep payment agreement will result in the discontinuation or shutoff of all utility services.
(5) Any returned payment for deposits will be cause for immediate discontinuance of service(s).
(D) Delinquency fees.
(1) If the utilities for any customer, residential, commercial or industrial, are scheduled to be disconnected due to delinquency, the follow shall apply:
(a) Delinquency fee for each service disconnected:
1. Twenty-five dollars during business hours Monday through Friday 7:30 a.m. to 3:00 p.m.
2. One hundred dollars after hours and holidays.
(E) Guaranteed form of payment is required for all delinquent charges and fees. Accepted forms of payment are cash, cashier’s check, money order, and credit or debit card.
(F) Collection procedure.
(1) Meter deposit(s) applied upon closure of the account if customer no longer requires service.
(2) Final invoice sent to the customer within seven calendar days.
(3) Account balance is due in full within 15 calendar days from the final invoice date.
(a) Payment agreements may be made to avoid further collections and small claims.
1. Agreement shall be done in writing.
2. Agreed-upon payment amount must be posted by the last calendar day of each month.
(4) Collection notice is mailed to the customer if payment is not received in full, or no payment arrangement is made, by the final invoice due date.
(5) Sewer lien notice sent to property owner for accounts more than 30 calendar days past due.
(a) Payment is due within 15 days of notice.
(b) Payment agreement may be made on the sewage balance only, to avoid a sewer lien.
(c) No response (payment in full, or agreement) shall result in a sewer lien filed against the property.
(6) Small claims filing.
(a) Accounts 60 calendar days past due without a payment agreement, or agreed-upon payments not made, will be filed in small claims.
(b) Customer is assessed all collection fees.
(c) The city and defendant may enter into a monthly payment agreement.
(d) Monthly account review to assure payments are being made to Jasper County Clerk of Courts.
(e) If payment agreement is not honored, additional court proceedings will be filed.
(f) Garnishments will be filed if necessary to collect the debt.
(7) Noncollectible accounts, at least six years old, will be written off annually in December. Any noncollectible accounts resulting from a deceased customer or customer filing bankruptcy against the city will be written off in the current calendar year.
(Ord. 01-2019, passed 1-14-2019)
55.04 RECONNECT FEES.
(A) If the utilities for any customer, residential, commercial or industrial, is turned off for delinquency, the following shall apply:
(1) In addition to the full payment of a billing charges, prior to restoring service, a $25 reconnect fee must be paid during business hours for each service disconnected.
(2) Business hours are Monday through Friday, 7:30 a.m. to 3:00 p.m.
(3) After business hours and during holidays the reconnect fee increases to the after hour call-out fee of $100 per each utility disconnected.
(B) Fees and account balance collected for a delinquent account shall be made via cash, cashier’s check, money order or credit card.
(C) Failure to pay within ten days from the due date shall result in the initial discontinuance or shutoff of one utility service. In the event full payment of all billing charges and reconnect fees are not received within 15 days from the original due date, as set forth on the utility bill, the remaining utilities will be discontinued, which will require an additional reconnect charge per utility.
(D) Any check received to be applied to the customer’s account for utility deposits and returned to the city from the bank due to insufficient funds, or any other bank issue, will be cause for immediate discontinuance of service.
(Ord. 4-00, passed 6-12-00; Am. Ord. 9-04, passed 5-10-04; Am. Ord. 17-2009, passed 9-14-09)
55.05 INTEREST PAYMENTS.
Interest on any such deposits will only be paid as may be prescribed by the law of the state.
(Ord. 4-00, passed 6-12-00)
55.06 REFUNDS.
Deposits referenced herein are subject to refund:
(A) Customer deposits refunded in the form of a bill credit, after 12 consecutive months of zero late payments, applied to the utility account on the thirteenth month; or
(B) Applied to the final invoice once the customer no longer requires utilities with the City of Rensselaer. Any remaining deposit funds, exceeding the final balance, will be refunded in the form of a check.
(C) Owner deposits refunded in the form of a check, after providing a letter of credit from their current utility provider or after 12 consecutive months of zero late payments with the City of Rensselaer.
(Ord. 4-00, passed 6-12-00; Am. Ord. 9-04, passed 5-10-04; Am. Ord. 17-2009, passed 9-14-09; Am. Ord. 02-2019, passed 3-25-2019; Am. Ord. 18-2021, passed 9-27-2021)
55.07 BILLING RESPONSIBILITIES.
The Mayor as well as the Utility Board shall be directly responsible for the billing and collection of the city utility rates and charges. The Mayor shall appoint those employees who are responsible for that billing and collection and shall serve at the Mayor’s pleasure.
(Ord. 09-03, passed 6-9-03)
55.09 UTILITY DEPOSITS REQUIRED FOR CUSTOMERS WITH NON-COLLECTIBLE HISTORY.
(A) This section governs utility deposits required for customers with a past history of uncollectible accounts. These accounts include, but are not limited to, customers that have a past unpaid debt or a current uncollectible debt with the city utilities and/or have had a past debt removed or written off per an ordinance. At the time this group of customers re-applies for service(s) with the city’s utility(ies), a deposit shall be required as follows:
|
Electric Size |
Deposit |
Gas |
Deposit |
Water Meter Size |
Deposit |
Sewage |
Deposit |
|---|---|---|---|---|---|---|---|
|
Residential |
$125.00 |
Residential |
$125.00 |
5/8 & 3/4 |
$125.00 |
5/8 & 3/4 |
$125.00 |
|
|
1 |
$175.00 |
1 |
$175.00 |
|||
|
Single Phase |
$375.00 |
Commercial 1 |
$375.00 |
1-1/2 |
$225.00 |
1-1/2 |
$225.00 |
|
|
2 |
$275.00 |
2 |
$275.00 |
|||
|
Three Phase |
$525.00 |
Commercial 2 |
$525.00 |
3 |
$00.00 |
3 |
$400.00 |
|
|
4 |
$675.00 |
4 |
$675.00 |
|||
|
Large Power |
$1,500.00 |
Commercial 3 |
$1,500.00 |
6 |
$875.00 |
6 |
$875.00 |
(B) Deposits referenced herein are not subject to refunds until such time as any customer no longer has utility(ies) with the city, has paid the final bill in full, and there are no outstanding balances on record.
(C) If the account of a customer in the non-collectible history reaches the termination date without payment, services will be disconnected immediately. Services will not be allowed to be re-connected until all reconnect charges and billing charges are paid in full. All payments to reconnect utilities are to be made in cash, certified check, money order or credit card.
(Ord. 9-04, passed 5-10-04; Am. Ord. 01-07, passed 2-13-07; Am. Ord. 17-2009, passed 9-14-09)
55.10 HIGH-RISK DEPOSITS AND CLASSIFICATIONS.
This section governs maximum deposit amounts for customers deemed a high risk to the City of Rensselaer:
(A) The following deposits shall be applicable and collected for the electric, gas, water and sewage utilities for the City of Rensselaer for all applicants with a risk assessment report score exceeding 25%, delinquency history with the City of Rensselaer to include inactive accounts with an unpaid balance, small claims filing or previously written-off balance.
(B) The deposit amount and classification shall be based upon the applicant’s intended utility usage. The sewage deposit is based upon the water meter size.
(C) A deposit is required for each utility at each metered point of service regardless of the number of meters or number of locations of utility services in a customer’s name.
(D) Services will not be established until the deposits are paid in full.
|
Electric Size |
Deposit $ |
Gas |
Deposit $ |
Water Meter Size |
Deposit $ |
Sewage |
Deposit $ |
|---|---|---|---|---|---|---|---|
|
Residential |
$125.00 |
Residential |
$125.00 |
5/8" and 3/4" |
$125.00 |
5/8" and 3/4" |
$125.00 |
|
|
1" |
$175.00 |
1" |
$175.00 |
|||
|
Single Phase |
$375.00 |
Commercial 1 |
$375.00 |
1 1/2" |
$225.00 |
1 1/2" |
$225.00 |
|
|
2" |
$275.00 |
2" |
$275.00 |
|||
|
Three Phase |
$525.00 |
Commercial 2 |
$525.00 |
3" |
$400.00 |
3" |
$400.00 |
|
|
4" |
$675.00 |
4" |
$675.00 |
|||
|
Large Power |
$1,500.00 |
Commercial 3 |
$1,500.00 |
6" |
$875.00 |
6" |
$875.00 |
(Ord. 02-20219, passed 3-25-2019; Am. Ord. 18-2021, passed 9-27-2021)
55.11 USE OF UTILITY DEPOSITS.
(A) The City of Rensselaer has determined it to be in the best interest of the city utility office that final bills on all utility accounts with the City of Rensselaer should be penalty exempt so that utility deposits may be applied by the city against the final invoice of each utility account prior to letting said accounts fall into default.
(B) It is in the best interest of the city and the account holders to not allow utility accounts to fall into default and accumulate penalties before the account deposit can be utilized.
(C) The City of Rensselaer shall exempt all final utility invoices so that utility deposits can be applied to utility accounts prior to penalties attaching.
(Ord. 03-2018, passed 2-12-2018)
55.12 CREDIT HISTORY.
This section governs the letter of credit from a current utility provider or use of a fair credit reporting service, by the City of Rensselaer, to determine credit worthiness and subsequent deposit requirements.
(A) Applicants may provide a letter of credit from their current utility provider stating they have had 12 consecutive months of good payments and no delinquent disconnections of service.
(B) Applicants may give consent for the City to run a risk assessment report from the credit reporting service used by the City by providing their social security number.
(C) If neither a letter of credit is provided, nor consent given to run a risk assessment report, the applicant will be assessed the high-risk deposit.
(D) The risk assessment report used to determine credit worthiness and minimum deposit requirements, in a nondiscriminatory manner, does not adversely affect the applicant’s credit score.
(E) The following scoring shall be used to determine deposit requirements:
|
0.0% – 10.0% |
Deposit waived |
|
10.1% – 25.0% |
Standard deposit |
|
25.1% – 100% |
High-risk deposit |
(Ord. 02-2019, passed 3-25-2019; Am. Ord. 18-2021, passed 9-27-2021)
55.13 RENTAL PROPERTIES.
(A) The property owner will indicate on the property owner questionnaire whether or not they want to keep the utility services on upon vacancy.
(B) A property owner is subject to §§ 55.01, 55.10 and 55.12. If the property owner is required to make a deposit, they have the option of maintaining a deposit for all utilities for each rental location for each metered point of service or the option of maintaining no deposits for any of the rental locations and only making a deposit when service is actively in their name.
(C) In the event the property owner chooses to keep the utility services on upon vacancy and either received a deposit waiver or maintains a deposit for each meter on every rental property:
(1) Utilities will automatically be read back into the property owner name.
(2) The property owner will receive notification by mail when utilities are read out of the tenant’s name.
(D) In the event that the property owner was required to pay deposits but has elected not to maintain a deposit for each meter on every rental property:
(1) Utilities will automatically be shut off in the event the property becomes unoccupied.
(2) The property owner will receive notification by mail when utilities are read out of the tenant’s name.
(3) The City of Rensselaer will not be held liable for any damages caused as a result of utilities being disconnected.
(Ord. 02-2019, passed 3-25-2019; Am. Ord. 18-2021, passed 9-27-2021)
55.14 NONSUFFICIENT FUNDS PAYMENT FOR METER DEPOSITS.
Any check received to be applied to the customer’s account for utility deposits and returned to the City from the bank due to insufficient funds or any other bank issue will be cause for immediate discontinuance of service.
(Ord. 02-2019, passed 3-25-2019; Am. Ord. 18-2021, passed 9-27-2021)
55.15 DELINQUENT DEPOSIT.
Any customer without a meter deposit on file who has their utility services disconnected due to delinquency twice in six months will be required to make a delinquent deposit per meter, equal to the standard deposit, based upon classification and meter size as listed in § 55.01.
(Ord. 02-2019, passed 3-25-2019; Am. Ord. 18-2021, passed 9-27-2021)
55.16 PENALTY.
(A) Unification of rate ordinance. All rate payers shall be subject to a penalty of 10% of the first $3 of each utility service and 3% of any outstanding balance thereafter per each service: electric, gas, water, and sewage.
(B) Effective date. Rate payers shall be subject to a penalty as outlined in this chapter for each utility bill after 17 days from the billing date as stated on the utility bill.
(Ord. 06-2020, passed 3-23-2020)
APPENDIX A: Rental Property Owner Questionnaire
PLEASE COMPLETE THE FOLLOWING INFORMATION
1. PROPERTY OWNER NAME
__________________________________________________________________________
2. ADDRESS
__________________________________________________________________________
2. ANY OTHER NAME IN CONJUNCTION WITH YOUR PROPERTY (SPOUSE, ETC.)
__________________________________________________________________________
3. YOUR PHONE NUMBER(S)
HOME____________________WORK___________________CELL__________________
4. LIST ALL PROPERTIES SERVICED BY THE CITY OF RENSSELAER (USE BACK SIDE IF MORE SPACE IS NEEDED)
1_______________________________ 6____________________________________
2_______________________________ 7____________________________________
3_______________________________ 8____________________________________
4_______________________________ 9 ____________________________________
5_______________________________ 10____________________________________
5. UTILITIES WILL NOT BE TRANSFERRED INTO THE LANDLORD/MANAGER/ OWNER(S) NAME WHEN A PROPERTY BECOMES UNOCCUPIED IF DEPOSITS HAVE NOT BEEN PAID BY THE SAME
IN REFERENCE TO ALL RENTAL PROPERTIES
AS OF THIS DATE, February 8, 2007, THE FOLLOWING STANDARD POLICY PROCEDURE WILL BE ADHERED TO BY THE CITY OF RENSSELAER UTILITY OFFICE. ALL PRIOR REQUESTS AND AGREEMENTS ARE NULL AND VOID.
WHEN A PROPERTY BECOMES UNOCCUPIED, ALL UTILITIES WILL BE TRANSFERRED INTO THE LANDLORD’S NAME (IF YOU HAVE DEPOSITS) UNLESS, YOU AS THE LANDLORD/MANAGER/OWNER, NOTIFIES THE UTILITY OFFICE TO REQUEST THAT THE UTILITIES BE DISCONNECTED. THIS MUST BE DONE EACH TIME THE PROPERTY BECOMES UNOCCUPIED.
QUESTIONS? Call the Utility Office at 866-7884. Office hours are 7:30 a.m. to 4:00 p.m.
Signature__________________________________________
Date_______________________________
(Am. Ord. 17-2009, passed 9-14-09)