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95-115 RESOLUTION NO. 95R-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONCERNING SANITATION SERVICES DEPOSITS WHEREAS, Section 10.12.050.040 authorizes the collection of cash deposits to secure payment of bills for sanitation services; and WHEREAS, it is in the public interest to establish a policy and procedure for the collection and refund of such deposits and the amounts thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. A cash deposit shall be required of any sanitation services customer who has not established credit with the Public Utilities Department of the City of Anaheim, or who is required to re-establish credit with the Public Utilities Department but has not done so. 2. The amount of the cash deposit required for residential service shall be $30.00. 3. The amount of the cash deposit required for commercial service shall be twice the average billing or estimated average billing. 4. In the event of a customer's failure to pay the full amount of sanitation charges billed after expiration of a final notice, the deposit shall be applied to satisfaction of the outstanding amount. If any sanitation service is discontinued, the customer shall be required to pay in full the amount of charges that remains due and unpaid, if any, and to restore the deposit to the full amount required, before service is restored; provided, however, the Director of Public Works is authorized to order restoration of any sanitation service without such payments in order to prevent a public nuisance or hazard to public health or safety. 5. Application of a cash deposit to payment of outstanding charges shall not be deemed an election of remedies and shall not foreclose any other remedy the City may have available for collection of any outstanding bills. 6. Upon discontinuance of service, the amount on deposit in excess of any unpaid bills for service shall be refunded; except the City shall not be required to refund any deposit balance when the cost to the city of processing such refund, which is hereby determined to be five dollars ($5.00), exceeds the amount of the deposit balance. 7. After a customer has paid bills for service for twelve consecutive billing periods without having been given more than two final notices (as defined in Rule No. 11-B of the Electric Rates, Rules and Regulations), the deposit shall be refunded. If the customer has been given more than two final notices, the account shall be reviewed every twelve billing periods, and the deposit shall be refunded after the customer has paid bills for services for twelve consecutive billing periods without having been given more than two final notices during the twelve billing periods prior to any review. 8. If a customer establishes credit with the Public Utilities Department after having made a cash deposit for sanitation services, the cash deposit shall be refunded upon request, unless the customer is then delinquent in payments for sanitation services. 9. No interest shall be paid on cash deposits held by the City as security for payment of bills for sanitation services. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11th day of July , 1995. MAY R~OF THE CI~M ATTEST:/~ CITY CLERK OF THE CITY OF ANAHEIM 12224.1\££GAN\June 6, 1995 STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-115 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 1 lth day of July, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Talt, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-115 on the 11th day of July, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1 lth day of July, 1995. CITY CLERK OF THE CITY OF ANAHEIM ' (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-115 was duly passed and adopted by the City Council of the City of Anaheim on July 11th, 1995. CITY CLERK OF THE CITY OF ANAHEIM