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City of Lowell Public Notice
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City of Lowell Public Notice

From: http://www.ci.lowell.mi.us

The Lowell City Council will conduct a public hearing at their regularly scheduled meeting on Tuesday, February 22, 2011 at 7:30 p.m. at the City Council Chambers, Lowell City Hall, Second Floor, 301 East Main Street, Lowell, Michigan for the purpose of receiving comments from the public on the following: 

AN ORDINANCE TO ADD CHAPTER 22, "ELECTRIC UTILITY RATES AND CHARGES," TO THE CODE OF ORDINANCES OF THE CITY OF LOWELL

THE CITY OF LOWELL ORDAINS:

Section 1. Addition of Chapter 22. Chapter 22, "Electric Utility Rates and Charges," is added to the Code of Ordinances of the City of Lowell to read as follows:

CHAPTER 22. ELECTRIC UTILITY RATES AND CHARGES

Sec. 22-1. Billing and enforcement.

(a) Lien. Electric service rates and charges, including any late payment penalties, interest and charges, shall constitute a lien on all premises served which lien shall become effective immediately upon the provision of electric service to the premises. Whenever such rates and charges are delinquent and remain unpaid, the rates and charges shall be entered on the next ad  valorem real property tax roll for the property served and collected in the same manner as ad  valorem real property taxes. The city treasurer shall on or before March 1 of each year, turn such  delinquent and unpaid charges over to the county treasurer in the same fashion as delinquent and unpaid ad valorem real property taxes. Provided, however, such charges shall not be a lien on the property served if the owner of that property has leased the property, the owner is not, according to the lease provisions, responsible for such electric service rates and charges, the city is so notified in a writing signed by both the owner and the lessee, and proof of such lease is  provided to the city as required by applicable law. Where the owner is not responsible for such  charges, the lessee shall, before the commencement of electric service to the premises, cause to be deposited with the city treasurer an amount equal to an estimated three (3) months' electric service rates and charges and shall cause such deposit to continue at that level throughout the lease term. The city shall apply the funds in that deposit against any and all delinquent charges of the lessee.

(b) Discontinuance. Subject to applicable state law, the city shall have the right to shut off and discontinue the supply of electricity to any premises for the nonpayment of electric service rates and charges when due.

(c) Other remedies. The remedies provided in this section shall be cumulative together with all other remedies under state or common law and this Code.

Sec. 22-2. Right to Hearing. The superintendent of light and power may send to a user who has not paid electric service rates and charges, when due, a notice that at the user's request a hearing will be scheduled with the superintendent of light and power. If the city is considering discontinuing the user's electric service, such notice shall be sent giving the user an opportunity to request a hearing with the superintendent of light and power to show cause why such service should not be discontinued. Such hearing shall be informal and the decision of the superintendent of light and power shall be final.

Section 2. Publication. After its adoption, the City Clerk shall publish this ordinance, or a summary thereof, as permitted by law, along with the date of its adoption in the Lowell Ledger, a newspaper of general circulation in the City at least ten (10) days before its effective date.

Section 3. Effective Date. This ordinance shall take effect ten (10) days after it or a summary thereof, as permitted by law, along with the date of its adoption, is published as provided in Section 2 above.

Interested persons may submit written comments to City hall, 301 East Main St., Lowell, MI 49331 prior to the meeting or appear in person.

Betty R. Morlock
City Clerk

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