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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. September 14, 2005 Page 1 of 6 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. September 14, 2005 Page 2 of 6 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) September 14, 2005 Page 3 of 6 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 ($25.00) fee if the customer wishes the service order to be worked that same day. Any service order requests received after 4:00 p.m. will be worked the following day. J. A single residential customer may, as an alternative to cash, provide to the City a letter from another utility company stating that the customer has previously held an account in their name at the utility company for a period of at least twenty-four (24) months and has not been delinquent more than once in a twelve month period. K. A single residential customer may request a waiver, or refund, of deposit upon signing up for the City's electronic payment program. A deposit, in conformance with other policies, will be required in the event of failure of a payment to clear the bank. SECTION 4. Title 30, Waters and Sewers, Section 30.03.06, Same—To accrue until notice of discontinue service is given, is hereby amended to read: Section 30.03.06 Same—To accrue until notice of discontinue service is given. September 14, 2005 Page 4 of 6 A. All rates and charges for water service shall accrue and be charged against the customer until notice is given to discontinue the service. B. In addition to the notification required in subsection (a) , all customers' liability for charges accrued on accounts shall continue to accrue until the security deposit for a new account has been made in the city water department and previous charges paid. Where service at a location has been discontinued for thirty (30) days or more, new customers may obtain service by the posting of the required deposit, as the case may be. SECTION 5. Title 30, Waters and Sewers, Section 30.03.07, Charge for returned checks, is hereby amended to read: Section 30.03.07 Charge for returned checks. The utility billing supervisor, or any other appropriate City em boy e 4 1 0 shall charge any utility customer of the City of Huntsville a Aflar ($" ) 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 September 14, 2005 Page 6 of 6