ORD 1981-19 - Utility Billing• •
ORDINANCE NO. 81- 19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, REQUIRING MINIMUM DEPOSITS FOR UTILITY SERVICE;
PROVIDING THE METHOD OF BILLING FOR CITY UTILITY SERVICE;
PROVIDING A PENALTY ON LATE BILLS; AUTHORIZING TERMINATION
OF SERVICE FOR NONPAYMENT; PROVIDING A PENALTY FOR VIOLATION
OF THIS ORDINANCE; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING A PUBLICATION AND EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT:
Section 1: Chapter 17, Water and Sewer, of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended by the repeal of Section
17 -10, as presently constituted, and by the adoption of a new Section
17 -10 that shall read as follows:
Section 17 -10. Utility Services - Billing; Penalties.
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 approximately 25 days 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 percent (10 %) of the
amount of the utility service charges, which shall be shown as the
gross amount on such bill. If the bill is not paid by the next bill-
ing date, such gross amount will be shown as a previous balance on
the customer's bill for the next month. If the total amount of the
following month's bill, including the previous balance and current
utility service charges, is not paid by the due date specified for
such bill, then ten percent (10 %) of said following month's utility
service charges shall be added as a penalty and the total two (2)
months' charges will be in the arrears.
Section 2: Chapter 17, Water and Sewer, of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended by the repeal of Section
17 -11, as presently constituted, and by the adoption of a new Section
17 -11 that shall read as follows:
Section 17 -11. Discontinuance of Service.
a. Failure or refusal to pay any utility service bill by any
customer of the City upon demand shall constitute a breach of con-
tract, and the City shall have the right to discontinue such services.
b. (1) If any residential customer fails to pay a utility ser-
vice bill by the due date on such bill, the City may include with
the next bill a cut -off notice. The notice should state the date
by which the bill must be paid to avoid discontinuing utility service.
If any residential customer fails to pay a utility service bill
showing a previous balance by the due date on such bill, the City
shall discontinue utility service to the customer until all past
due charges have been paid, together with a $10.00 reconnection
charge.
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(2) If any commercial customer fails to pay any utility ser-
vice bill by the due date of such bill, the City shall send a notice
advising that the bill must be paid within ten (10) days to avoid dis-
continuing utility service. If any commercial customer fails to pay
a utility service bill within ten (10) days of the due date of such
bill, the City shall discontinue utility service to the customer until
all past due charges have been paid, together with a $10.00 reconnec-
tion charge.
Section 3: Chapter 17, Water and Sewer, of the Code of Ordinances of the
City of Huntsville, Texas,is hereby amended by the repeal of Section
17 -12, as presently constituted, and by the adoption of a new Section
17 -12 that shall read as follows:
Section 17 -12. Deposits or bonds to secure payment of Utility Service
Bills.
a. The Utility Office Supervisor shall require any applicant for
water service to post a deposit or bond to secure payment of utility
service charges as follows:
(1) Any firm, corporation, or commercial account applying
for water service shall deposit with the City of Huntsville as
security for the payment of future charges, a sum equal to one
and one -half times the average estimated monthly charge for the
premises for which water 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 or bond.
(2) Any person applying for residential water service shall
place with the City a sum of $40 for a utility deposit.
(3) Upon the sale or transfer of property, or change in
customer or occupancy of any premises served by City water ser-
vice, no water service shall be furnished to the new owner,
customer, or occupant of such premises being served by water
service unless and until such deposit as required by this ordin-
ance is paid. Any person, firm or corporation who fails to notify
the City of Huntsville of a change in ownership, title or occu-
pancy of premises resulting in a different person or entity having
responsibility for the payment of water charges shall be subject
to immediate discontinuance of water service unless and until
the previous customer's account is finalized and the deposit
called for herein is made.
(4) A water deposit shall not be required for the interim
period (3 months maximum) that a rent house is being prepared
for occupancy provided that the owner has current residential
service.
(5) A blanket deposit equal to the cumulative average
monthly charge shall be required for a residential 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 (customer
that has not paid the two months' prior bills and is about to re-
ceive a third month's billing) more than twice in one year shall
be required to increase their deposit to the average amount due
at "cut -off" date. Failure to pay the increased deposit would
result in discontinuance of service.
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b. 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 account to another account of
that customer. Utility service cannot be discontinued for delinquency
in payment for utility service by a previous occupant.
c. Every applicant who previously has been a City utility cus-
tomer 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.
d. Deposits will be refunded upon termination of service pro-
vided that the consumer has fully satisfied all charges due the City.
Section 4: Any matter in this Ordinance contrary to existing ordinances
shall prevail and, to that extent, any existing ordinances to the
contrary are hereby repealed.
Section 5: Any person violating the provisions of this ordinance shall be
punished by a fine of not more than two hundred dollars, and each vio-
lation shall constitute a separate offense.
Section 6: This ordinance shall take effect from and after ten (10) days
from its passage by City Council. The City Secretary is hereby directed
to give notice hereof by causing the caption of this ordinance to be
published in the official newspaper of the City of Huntsville at least
twice within ten (10) days after its passage.
INTRODUCED, READ AND PASSED by the unanimous vote of the City Council of the
City of Huntsville, Texas, on this the 10th day of March, A. D. 1981.
ST:
aw, _ ity retary
Scott Bounds, City Attorney
MORRIS I. WALLER, Mayor