HomeMy WebLinkAboutOrd 655-2014 Amending Code Regarding Utility Billing.Doc.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 655-2014
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES REGARDING UTILITY BILLING OPERATIONS, NOTICES,
AND FEES, AMENDING PART II (GENERAL ORDINANCES), ARTICLE 49,
SECTION 1 AND SECTION 7; AND PART IV SCHEDULE OF FEES, ARTICLE 7,
SECTION 5; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing water, sewer and other utility billing services and
related procedures; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to amend Part II (General Ordinances), Article 49, Section 1 and Section 7
of The Anna City Code of Ordinances ("Anna Code") with regard to utility billing
operations, notices, and related procedures; and
WHEREAS, the City Council has further investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend Part IV (Schedule
of Fees), Article 7, Section 5 of The Anna Code ("Anna Code") with regard to utility
fees;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
In accordance with Part II General Ordinances, Article 1, Section 9 of the Anna Code,
the City Council hereby amends Part II General Ordinances, Article 49, Section 1 (In
General) of the Anna Code, as follows:
1.08 Termination of Service Authorized
(a) The City shall have the right to disconnect or refuse to connect or
reconnect any Utility service for any lawful reason, including but not
limited to:
Ord. 655-2014 Amending Code regarding Utility Billing.doc Page 1 of 6 04-22-2014
(1) failure to meet the applicable provisions of law;
(2) violation of the rules and regulations pertaining to Utility service;
(3) nonpayment of bills;
(4) willful or negligent waste of service due to improper or imperfect pipes,
yard lines, clean outs, fixtures, appliances or otherwise;
(5) molesting any meter, seal or other equipment controlling or regulating
the supplies of Utility services;
(6) theft or diversion and/or use of service without payment therefore;
(7) refusal to allow inspection of property provided with Utility services;
(8) vacancy of premises.
(b) Affected Customers will be notified of pending termination of services in
accordance with the provisions of this Article. It is the policy of the City to
provide Customers with notice and a meaningful opportunity to be heard
on disputed issues regarding nonpayment or insufficient payment before
termination of services. Any Customer disputing the norrentness of � hill
for seryioes has a right to a hearing at which time the Customer rangy he
represented in person and by legal gni nsel or any other Denson of the
GustemeFr
shall have the autheFita to make a final determination of the Customer's
Gemplaint.
(c) Emergency termination of services by the City may occur without notice or
hearing in instances where it is apparent that such termination of services
is necessary to avoid imminent harm to Persons or property. In such
event, notice and an opportunity for hearing will be provided as soon
practicable after such termination.
In accordance with Part II General Ordinances, Article 1, Section 9 of the Anna Code,
the City Council hereby amends Part II General Ordinances, Article 49, Section 7
(Rates and Charges) of the Anna Code, as follows:
7.03 Deposits, Connection and Transfer Fees for Water Service
{a} All Persons—prior to use of water from the City water system --must place
with the City a water meter/security deposit for each account or meter.
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Such water meter/security deposit amounts are set forth in Part IV,
Schedule of Fees, Article 7, Section 4. All Persons—prior to using of
water from the City water system—must pay a nonrefundable service
connection fee in the amount set forth in Anna Code, Part IV, Schedule of
Fees, Article 7, Section 4.5.
7.05 Effect of Transfer, Moving
iGes
:nam
deposits made feF utility _. and
GORsider-ed a new appliGation for sewiGe
in ea
and shall
tFansfer shall be
6e treated as GUGh. When
premises are vaGated, any amounts
and utility seFYiGe shall not be GGMmenGed
r
j.4-11115eG. SUGh move from Gne plaGe
_ r
due for wateF
at another
to another
_ r
ViGe shall be paid an
plaGe unto! this ;6 don
ati
shall be GORSider-ed as a Re
make the GUrFen
A customer may transfer their existing utilitv account and services, includin
deposit, charges for consumption, and personal information to a new account for
utility services. Transfers may only occur when the premises associated with the
account to be closed are vacated and the customer requests that water be
supplied to a different service address within the City's service area. To
complete a transfer the final bill from the account to be closed will be processed
and posted to the new account. The deposit and any final balances will be
transferred over to the new current account.
7.10 Disconnection for Nonpayment
Water, sewer, and garbage collection services to any Customer are subject to
discontinuation after 10 days from the date the bill is due and payable, if not paid
in full. The following policies will be followed by the City regarding
discontinuation of services for nonpayment.
(a) When it becomes necessary for the City to discontinue utility service to a
Customer for nonpayment of bill, service will be reinstated only after all
bills for service then due and reconnect charges have been
(b) It is the policy of the City to discontinue utility service to Customers by
reason of nonpayment or insufficient payment of bills only after notice and
Ord. 655-2014 Amending Code regarding Utility Billing.doc Page 3 of 6 04-22-2014
(c)
a meaningful opportunity to be heard on disputed bills. The notices sent to
the Customer must set out the reasons foF the diSGentinuanGe an
prrovved �r�r requesting a�hT he (`�sffor or aGionn
"M title,utility serviGes and all bills shall Gentain, in addition to the ,
and telephone numbeF of the PubliG Works e
who is in Gharg
billing, Glearly vi6ible and easily readable provisions te the e#eGt that
substantially state the following:
(1) all bills aFe due and payable on OF befeFe the time set foFth unde
Serafien the full amount past due, the scheduled date of
termination of service for failure to pay, and the deadline for delivering
to the Finance Director a written request for a hearing; and
r
(3) any if timely requested in writing, Custemen diSpeting there
nerrentness e shall be a hearinq at which the Customer bears the
burden of proving with respect to the disputed bill that the Customer
has timely paid for all utilities furnished to the Customer's premises.
thes bill shall have a right to a heaFing at which time At the hearing,
the Customer may appear in person or be represented in Percor, .hnr1
by +39useleiany etheFPerson of his -the Customer's choosing and
may present orally or in writing any relevant proosaraplaint and
contentions to the PubIiG Works Finance Director. The Publin IMrhe
Direotor shall he a uthorized to GFder that the r--ctomer'c coniine not be
dosoentinued and shall have the allthOF'ty tG make a final determinatiOR
of the Gustemer'S GGFnplaint.
The written notice ROtifiGation may, at the
discretion of the Finance Director, either be mailed first class, or it may be
placed on the front door of the main structure at the Customer's address,
or as close thereto as feasible. A sen,ine fee in the arno int stated in Dart
1\/Sanherdule of Fees, ArtGle 7, SeGtionall "tee added to the
GustomeF's bill for the RGt8fiGatiE)R--, .-gar-diess of the means used
to provide RGtifiGation.
(d) The Finance Director shall be authorized to and may overrule the
Customer's contentions or may order that the Customer's service not be
discontinued and the Finance Director shall otherwise have the authority
to make a final determination of the Customer's complaint.
Ord. 655-2014 Amending Code regarding Utility Billing.doc Page 4 of 6 04-22-2014
7.11 Reconnection after Disconnection
(a) In the event that utility service is disconnected for nonpayment of the bill,
the Customer shall have the right to have the same reconnected only
upon the payment by the Customer of all outstanding utility charges
owed to the City, plus a reconnection fee if the request is during normal
business hours. If the water is turned back on without payment or without
the City's authorization, the meter is subject to being removed or locked
by the City, and there shall be an increased reconnection fee. If the
payment and request is outside of normal business hours an additional
amount shall be added to the reconnection fees described above. All
charges due under this subsection must be paid by check or money
order payable the City of Anna and no cash shall be accepted.
(b) In the event that utility service is temporarily disconnected at the request
of the Customer, a service charge shall be added to the account for
disconnection and reconnection of utility service during normal working
hours of the City. If the request is outside of normal business hours an
additional fee shall be added to the account.
(c) If a water Customer's meter has been cut off due to nonpayment and the
Customer pays all amounts due during noFmal bUGiRe during the hours
of (8:00 a.m. to 4:300 p.m.), including any additional charges such as late
penalties, the Public Works Department of the City will make reasonable
efforts to turn the Customer's water on that same day or as reasonably
soon thereafter as is practicable under the circumstances.
(d) The Public Works employee who reconnects water service will make
reasonable efforts to insure that water is not running on the Customer's
side of the meter when the reconnection is made. If the water meter
indicates that water is running on the Customer's side of the meter, the
employee will discontinue water service by turning off the meter. The
Customer is then responsible for contacting the City to reconnect the
service.
(e) The amounts of the fees and charges referenced under subsection (a)
and (b), above, are set forth in Anna Code, Part -IV, Schedule of Fees,
Article 7, Section 6.
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In accordance with Part II General Ordinances, Article 1, Section 9 of the Anna Code,
the City Council hereby further amends Part IV Schedule of Fees, Article 7, Section 5 of
the Anna Code, as follows:
Section 5. Additional Fee for Late Payment of Bill and for Late Payment Notice
(a) Failure to pay a utility bill before the last time for payment set forth in the
Anna Code, Part II Article 49, Section 7.09 shall result in an additional
charge of 10% of the total outstanding amount due on the Customer's utility
account bill at the time the bill becomes delinquent.
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 22nd day of April, 2014.
ATTESTED:
ty Secretary, Natha Wilkison
APPR
Mayor, Mike Crist
OFj
s
a
r P
Ord. 655-2014 Amending Code regarding Utilit in �Va(�s 6 of 6
04-22-2014
_.
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 22nd day of April, 2014.
ATTESTED:
ty Secretary, Natha Wilkison
APPR
Mayor, Mike Crist
OFj
s
a
r P
Ord. 655-2014 Amending Code regarding Utilit in �Va(�s 6 of 6
04-22-2014