ORD 2005-23-A - Title 30 Water - Sewer Utility Billing Procedures 11-15-2005ORDINANCE 2005-23 A
AN ORDINANCE AMENDING TITLE 30 WATERS AND
SEWERS OF THE HUNTSVILLE, TEXAS MUNICIPAL CODE
TO UPDATE UTILITY BILING PROCEDURES; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Huntsville is a home rule city acting under its
charter adopted by the electorate pursuant to the Texas Constitution and the
Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS:
SECTION 1. Title 30, Waters and Sewers, Section 30.03.03 Billing of utility
services; penalties for late payments, shall be amended as follows:
Section 30.03.03 Billing of utility services; penalties for late
payments.
A. For convenience of collection, water service, sewer service, and refuse
and garbage collection service charges shall be billed together in a utility
service bill prepared by the city.
B. Each utility service bill shall have a precalculated and stated due date
that shall be fifteen (15) from the date the bills are to be mailed.
C. If a utility bill is not paid by the due date, the customer shall be charged
a penalty in the amount of ten (10) per cent of the amount of the utility
service charges, which shall be shown as the gross amount on such bill.
SECTION 2. Title 30, Water and Sewers, 30.03.04 Discontinuance of service for
failure or refusal to pay utility service bill, shall be amended as follows:
Section 30.03.04 Discontinuance of service for failure or refusal to
pay utility service bill.
A. Failure or refusal to pay any utility service bill by any customer of the
city upon demand shall constitute a breach of contract, and the city shall
have the right to discontinue such services.
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B. If any customer fails to pay any utility service bill by the due date of
such bill, the city shall send a notice advising the customer of the date
payment must be received to avoid disconnect of service. The disconnect
date shall be no less than fifteen (15) days from the due date of the past due
bill.
The disconnect notice shall be mailed at least ten (10) days before the
disconnect date. If the bill is not paid by the disconnect date included in
the notice, the city shall discontinue utility service to the customer until all
past due charges have been paid, together with a twenty-five ($25.00)
reinstatement charge.
SECTION 3. Title 30, Water and Sewers, 30.03.05 Connection charges; deposits
to secure payment of utility service bills, shall be amended as follows:
Section 30.03.05 Connection charges; deposits to secure payment of
utility service bills.
A. A fifteen dollar ($15.00) connection fee shall be made for any new
service application or changes in existing service applications.
B. If a customer chooses to disconnect a sprinkler meter, while the main
water meter is still active, a disconnect fee of fifteen dollars ($15.00) will be
charged and a fifteen dollar ($15.00) connect fee will be charged to turn the
meter back on.
C. The utility office supervisor shall require any applicant for water,
sewer or sanitation service to post a deposit to secure payment of utility
service charges, as follows:
1. Any firm, corporation, commercial, or jointly metered residential
customer, including apartments, duplexes, mobile home parks, etc.,
applying for water service shall deposit with the city, as security for the
payment of future charges, a sum equal to two (2) times the average
estimated monthly utility service charge for the premises for which utility
services are requested. Past accounts from previous customers at the same
location, or accounts of a comparable usage factor, may be used in arriving
at the estimated monthly charge for determining the amount of deposit.
2. Any person applying for a single residential water, water sprinkler,
sewer and garbage service shall place with the city a sum of $40.00 for
water, $40.00 for sewer, and $20.00 for garbage service.
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3. Upon the sale or transfer of property, or change in customer or
occupancy of any premises served by city water service, no water, sewer or
sanitation service shall be furnished to the new owner, customer or
occupant of such premises unless and until such deposit as required by this
section is paid. Any person, firm or corporation who fails to notify the city
of a change in ownership, title or occupancy of premises resulting in a
different person or entity having responsibility for the payment of utility
service charges, shall be subject to immediate discontinuance of utility
service, unless and until the previous customer's account is finalized and
the deposit called for herein is made.
4. A utility deposit shall not be required for the interim period (three (3)
months maximum) that a rental house is being prepared for occupancy,
provided that the owner has current residential service.
5. A blanket deposit, equal to the cumulative average monthly utility
service charge, shall be allowed in lieu of separate deposits for a customer
with multiple accounts. Any multiple dwelling unit with more than five (5)
units shall require a separate commercial deposit.
6. Any customer that is put on the "cut-off" list (a customer that has not
paid his/her bill by the disconnect date) more than twice within a 12-
month period shall be required to increase his/her deposit to the average
amount due at "cut-off" or disconnect date. A notice of the amount of the
deposit increase will be sent to the customer. The additional deposit must
be paid by the customer if they appear on the cut-off list a third time.
Failure to pay the increased deposit shall result in discontinuance of all
utility services, including water and sewer service.
D. No person shall attempt to avoid any payment under this chapter by
changing names on an account. The city may transfer a delinquent
payment from one customer to another account of that customer. Utility
service cannot be discontinued for delinquency in payment for utility
service by a previous occupant.
E. Every applicant applying for new service who previously has been a
city utility customer and whose service was discontinued for nonpayment
of bills or has terminated service without paying a bill shall be required to
pay all amounts due to the city as a condition of obtaining new service.
F. Utility deposits will be refunded upon termination of service, provided
that the customer has fully satisfied all charges due the city. Single
residential customer deposits shall be refunded at the end of twelve (12)
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months with a good payment record. Good payment record means that the
customer has not paid a bill more than once past the penalty date in the last
twelve (12) months.
G. Security for payment of utility service charges may be made by cash
deposit with the City, or by an approved certificate of deposit in the name
of the City of Huntsville at a banking or saving institution authorized to do
and doing business in the State of Texas or by an approved letter of credit
at a banking or savings institution authorized to do and doing business in
the State of Texas.
H. A single residential customer with a currently active account may
guarantee payment on one additional single unit residential customer. Any
unpaid balances will be transferred to the account of the guaranteeing
customer. The customer guaranteeing the account must have a twenty-four
(24) month history with the city and may not have been delinquent more
than once in any twelve-month period.
I. A twenty-five dollar ($25.00) fee shall be assessed any customer
requesting any service after regular business hours. Any service order
requests received after the daily deadline for same-day service, will be
charged a twenty-five dollar ($25.00) fee if the customer wishes the service
order to be worked that same day. Any service order requests received
after 4:00 p.m. will be worked the following day.
J. A single residential customer may, as an alternative to cash, provide to
the City a letter from another utility company stating that the customer has
previously held an account in their name at the utility company for a
period of at least twenty-four (24) months and has not been delinquent
more than once in a twelve month period.
K. A single residential customer may request a waiver, or refund, of
deposit upon signing up for the City's electronic payment program. A
deposit, in conformance with other policies, will be required in the event of
failure of a payment to clear the bank.
SECTION 4. Title 30, Waters and Sewers, Section 30.03.06, Same—To accrue
until notice of discontinue service is given, is hereby amended to read:
Section 30.03.06 Same—To accrue until notice of discontinue service
is given.
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A. All rates and charges for water service shall accrue and be charged
against the customer until notice is given to discontinue the service.
B. In addition to the notification required in subsection (a) , all customers'
liability for charges accrued on accounts shall continue to accrue until the
security deposit for a new account has been made in the city water
department and previous charges paid. Where service at a location has
been discontinued for thirty (30) days or more, new customers may obtain
service by the posting of the required deposit, as the case may be.
SECTION 5. Title 30, Waters and Sewers, Section 30.03.07, Charge for
returned checks, is hereby amended to read:
Section 30.03.07 Charge for returned checks.
The utility billing supervisor, or any other appropriate City em boy e
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shall charge any utility customer of the City of Huntsville a Aflar
($" ) charge for checks returned or for ACH payments refused by the
paying bank. This twenty-five dollar ($25.00) charge shall be added to
the total outstanding account of the customer and upon refusal or failure
to pay this charge, section 30.03.04 hereof shall apply as to said charge.
The City shall refuse to accept checks from a customer, or an individual
or entity paying on a customer's account, after a second insufficient check
has been received within a twelve (12) month period.
SECTION 6. SEVERABILITY CLAUSE
If any part of the provision of this ordinance or the application of this ordinance
to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision,
or application directly involved in the controversy in which the judgment shall
be rendered and it shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances. The
City Council hereby declares that it would have enacted the remainder of these
requirements even without any such part, provision, or application which is
judged to be invalid.
SECTION 7. EFFECTIVE DATE
This ordinance shall be in full force and effect on January 1, 2006.
PASSED AND APPROVED this 15th day of November, 2005.
September 24, 2005 Page 5 of 6
ATTEST:
Danna Welter, City Secretary
Thomas A. Lee er, City Attorney
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