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<br /> <br /> <br /> <br /> <br /> <br /> Section 11. Availability, Character of Service <br /> <br /> Company shall, at all times, funush service which is modern and sufficient to meet <br /> reasonable demands without undue interruption or fluctuations, under fair and reasonable rules and <br /> regulations as provided for herein, to any person, firm, or corporation that shall demand service <br /> within the City, upon the terms herein specified or that hereafter may be specified and required by <br /> ordinance or rules duly passed by the City, which shall be incorporated by Company into its tariff <br /> and not be inconsistent with state and federal law. Company shall make service connections on <br /> reasonable demand, without undue delay. Company covenants that it will furnish such service, <br /> instrumentalities, and facilities as are safe, adequate, efficient, and reasonable. Notwithstanding <br /> anything herein to the contrary, this section is not intended to create or grant any rights, contractual <br /> or otherwise, to any person, firm, or corporation demanding service within the City, but that the City <br /> shall have the sole right of enforcement of this section. <br /> <br /> Section 12. Service Rates <br /> <br /> (a) The governing body hereby expressly reserves the right, power, and authority to fully <br /> regulate and fix the rates and charges for the services of the Company to its customers, fully <br /> reserving to the governing body all the rights, powers, privileges, and immunities, subject to the <br /> duties and responsibilities which the constitution, the laws of the state, and the charter confer upon <br /> the City. <br /> <br /> (b) Company may, from time to time, propose changes in its general rates by filing an <br /> application with the City Clerk for consideration of the governing body. Within a reasonable time <br /> consistent with law, the governing body shall afford Company a fair hearing with reference to the <br /> application and shall either approve or disapprove the proposed changes or make such order as may <br /> be reasonable. <br /> <br /> (c) In order to ascertain any and all facts, the governing body shall have full power and <br /> authority to inspect, or cause to be inspected, the books of Company, and to inventory and appraise, <br /> or cause to be inventoried and appraised, the property of Company, and to compel the attendance of <br /> witnesses and the production of books and records, and to prescribe penalties for the failure or <br /> refusal of Company to testify or produce books and records as required. <br /> <br /> (d) The City shall not allow as to rates or services an unreasonable preference or advantage <br /> to anyone within a service classification, nor allow Company to subject anyone within a service <br /> classification to any unreasonable prejudice or discrimination. Distinctions in rates and services <br /> between locations and service classifications shall be reasonable and shall be approved by the City. <br /> <br /> (e) To the extent required by state law, the governing body of the City may require the <br /> Company to allocate costs of facilities, revenues, expenses, taxes, and reserves between the City and <br /> other municipalities or unincorporated areas. <br /> <br /> Section 13. Deposits <br /> <br /> Company shall have the right, subject to such rules and regulations as set forth in its <br /> approved tariff and consistent with applicable state or federal law, to require a reasonable security <br /> deposit for the payment of bills. <br /> <br /> Section 14. Suspension of Services <br /> <br /> Subject to state, federal, and local laws, rules, and regulations, the Company shall have the <br /> right to discontinue or suspend service to any customer who fails to pay a bill presented for service <br /> or make a reasonable deposit as may be required, until such bill, together with any expense for <br /> disconnecting and reconnecting the service, is paid. In addition, the Company may discontinue or <br /> suspend service without notice, for as long as the condition exists, where a known dangerous <br /> condition exists. The Company shall not be required to furnish service to any customer who is in <br /> default of payment or who fails to pay a reasonable deposit in accordance with duly promulgated <br /> rules and regulations, or who shall fail to comply with rules and regulations regarding proper use of <br /> <br /> 5 <br />