§ 52-7. Deposits.

(a)

General rule .

(1)

Commercial and multi-family accounts must provide the city with a security deposit before receiving water service.

(2)

Other accounts, including individual residential accounts, may be required to furnish a deposit prior to receiving water service.

(3)

Security deposits shall bear no interest and will be returned when the water service is discontinued if all bills have been paid and all other obligations met.

(4)

Security deposits may be set at two (2) times the average bill for city services, unless service has been discontinued to a location for nonpayment.

(5)

When service has been discontinued due to nonpayment, the new deposit, along with all associated fees for disconnection and prior amounts due, must be received prior to the restoration of service. A deposit for water service may be adjusted to four (4) times the amount of the highest bill when service has been discontinued to that location due to nonpayment.

(6)

The minimum deposit for residential services shall be equal to two (2) times the minimum charge for city services. The minimum deposit for apartment, commercial, and industrial services shall be equal to two (2) times the average bill or two (2) times the minimum charge, whichever of the two (2) is greatest.

New multi-family service locations shall be assessed an additional forty-five dollars ($45.00) for each dwelling unit.

(b)

Exceptions to the requirement of a security deposit or refunds of security deposits for current accounts. Accounts may be excused from the requirement of a security deposit if the conditions set out in any of the following sections are met:

(1)

Exception to the requirement of a security deposit for new residential customers over sixty-five (65) years of age. New customers over sixty-five (65) years of age may be excused from the requirement of a security deposit if they present evidence of their age and verification of established credit such as a letter of credit issued by a municipal utility or other utility company verifying that the customer's account is fully paid and there are no more than two (2) delinquent payments during the last twelve (12) months.

(2)

Other accounts—Exception to the requirement of a security deposit. This category does not include multi-family master-metered accounts, commercial accounts, or hotels/motel accounts. A new account in this category may be excused from the requirement of a security deposit if all of the conditions set out in at least one (1) of the following subsections are met:

a.

The customer is establishing a new account and has had an account for similar service with the City of Irving which has been active for a minimum of twelve (12) months and the account is current, the account has not been disconnected during the past twelve (12) months, there have not been more than two (2) delinquent payments during the last twelve (12) months, and there have not been any checks or electronic debits that were dishonored by the customer's bank.

b.

The customer has had a similar type account within the past three (3) years for a minimum of twelve (12) months and the customer's final bill was paid in full, the service on the account was not disconnected for nonpayment during the last twelve (12) months of service, there were no more than two (2) delinquent payments during the last twelve (12) months of service, and no checks or electronic debits were dishonored by the customer's bank.

(3)

Refunds for current accounts. Single-family residential customers who have had their current account with the City of Irving for a minimum of twelve (12) months and who have had no more than two (2) delinquent payments, who have not had any checks or electronic transactions dishonored by the customer's bank, and are not currently delinquent, shall be eligible to have their security deposit refunded by a credit applied to the utility bill.

(Ord. No. 4211, § 1, 9-22-83; Ord. No. 5485, § 5, 9-22-88; Ord. No. 6321, § 2, 9-9-93; Ord. No. 8529, § 5, 9-22-05; Ord. No. 8796, § 5, 5-3-07; Ord. No. 2008-8976, § 3, 9-18-08; Ord. No. 2009-9129, § 2, 10-22-09; Ord. No. 2010-9205, § 5, 9-9-10; Ord. No. 2015-9718 , § 4, 9-17-15; Ord. No. 2017-9982, § 3, 9-7-17 )