THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. Yamhill Municipal Code Chapter 3.12, Water Conservation Regulations, is hereby amended to read as follows:

Sections:

3.12.010 Application for Service
3.12.020 Deposits and Establishment of Credit Required
3.12.030 Establishment of Credit
3.12.040 Deposits
3.12.050 Forfeiture of Deposit
3.12.060 Application of Amendments

3.12.010 Application For Service. Each applicant for water service shall sign an application form provided by the Water Department giving date of application, location of premises, whether they have been served before, the date on which applicant desires to have service begin, purpose for which service is to be used, the address for mailing or delivery of bills, the applicant's address (owner, tenant, or agent), the class and size of service, and such other information as the Water Department may reasonably require. In signing the application, the customer agrees to abide by the rules and regulations of the Water Department. The application is merely a written request for service and does not bind the Water Department to serve. (Ord. 348, §5.1, 1984; Ord. O-427, §1(part), 1997)

3.12.020 Deposits and Establishment of Credit Required. At the time application for service is made, the applicant shall establish his credit with the Water Department. (Ord. 348, §5.2, 1984; Ord. O-427, §1(part), 1997)

3.12.030 Establishment of Credit. The credit of the applicant will be deemed established:

(A) If the applicant makes a cash deposit with the Water Department to secure payment of bills for service. The deposit shall be a sum equal to the estimated bill for two billing periods.

(B) If the applicant has promptly paid all accounts due the Water Department for a period of twelve (12) consecutive billing periods.

(C) If the applicant can otherwise convince the Water Department that all bills will be paid when due. (Ord. 348, §5.2.1, 1984; Ord. O-427, §1(part), 1997; Ord. O-446, §7, 1998)

3.12.040 Deposits. At the time the deposit is given to the Water Department, the applicant will be given a receipt for the same. The deposit is not to be considered as a payment on account. The deposit will be returned to the customer when service to the customer is discontinued, provided all outstanding bills have been paid. The Water Department may, at its option, return the deposit upon application, provided the following conditions have been met:

(A) All bills have been paid promptly for twelve (12) consecutive billing periods immediately preceding the request for deposit refund;

(B) The City shall retain the deposit for a minimum of 12 months prior to accepting any applications for deposit refund.

(C) The Water Department will not pay interest on any deposit. (Ord. 348, §5.2.2, 1984; Ord. O-414, §1, 1996; Ord. O-427, §1(part), 1997)

3.12.050 Forfeiture of Deposit. If an account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied to the unpaid balance due. Water service will not be restored to that customer at the same or different premises until all outstanding bills due the Water Department have been paid and the cash deposit replaced. (Ord. 348, §5.2.3, 1984; Ord. O-427, §1(part), 1997)

3.12.060 Application of Amendments. Customers desiring a material change in the size, character, or extent of equipment or operation which would result in a material change in the amount of water used, shall give the Water Department written notice of such change prior to the change and the application for service shall be amended.

Customers desiring a change in the size, location, or number of services shall fill out an amended application. (Ord. 348, §5.3, 1984; Ord. O-427, §1(part), 1997)

SECTION 2. This Ordinance hereby amends Yamhill Municipal Code Chapter 3.12, Application for Service. All remaining portions of Yamhill Municipal Code, Title 3, Utilities, are hereby reaffirmed in their entirety.

SECTION 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 23rd day of May , 2001.