HomeMy WebLinkAboutORD 2012-40 - MiscellaneousAN ORDINANCE OF OF !
TEXAS, AMENDING TITLE 13, CHAPTER 13.04, ARTICLE Vill, ENTITLED
"MISCELLANEOUS" OF THE CODE OF ORDINANCES OF
CONFLICTINGGEORGETOWN, TEXAS; REPEALING ORDINANCES
RESOLUTIONS;
ESTABLISHING AN
WHEREAS,
The City of
Georgetown
established its current miscellaneous utility connect
and disconnect fees
in 1988 and
amended in
2003; and
WHEREAS, The City of Georgetown established its current utility deposit amount in 1981
and amended in 2003; and
WHEREAS, The City Council of the City of Georgetown wishes to amend the current utility
fees and deposits, and adopt proposed fees and deposits, effective on all utility accounts on and
after June 1, 2012.
NOW, ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN,
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance complies with the Vision Statement 4.0(F) of the City of Georgetown 2030
Comprehensive Plan relating to the fiscal strength.
SECTION 2. That there is hereby adopted a new Title 13, Chapter 13.04, Article VII
"MISCELLANEOUS" of the Code of Ordinances of the City of Georgetown, Texas with the
changes noted in the attached Exhibit A:
SECTION 3. All ordinances and resolutions, or
parts of
ordinances
and
resolutions, in
conflict with this Ordinance are hereby repealed, and are
no longer
of any force
and
effect.
SECTION 4. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on
and after publication in accordance with the provisions of the Charter of the City of Georgetown.
3
Description: Title 13, Chapter 13.04, Article VII — "Miscellaneous"
Page I of T
PASSED AND APPROVED on First Reading on the 22`" day of May 2012.
PASSED AND APPROVED on Second Reading on the 12th day of June 2012.
ATTEST:
et Chaprban, q. ty`Attorney
THE CITY OF GEORGETOWN:
By:
Mayor
Page 2 of 7
A. Payments shall be considered timely and not delinquent if the payment is received prior to the
due date (15 days following the billing date for service), or payment is received in the
overnight depository by 8.00 a.m. the following day. W4en4he--said If the due date falls on a
weekend or a legal City holiday, such time for payment shall be extended to the next business
day.
B. When payment is not received by the due date, a ten percent penalty will be added to the
account, and a final notice will be mailed. If payment is not received by the following month's
due date w 'fl4n en-da)�s-#ollowtng-th"ue-date (or the next business day, if a weekend or City
holiday,) a Field Customer Service Representative (FCSR) will be dispatched to the location
to disconnect the utility service. An additional $30.00 service charge will be added to the
account at this time, and for each subsequent trip, whether the meter is disconnected, a
notice is delivered, or a field collection of payment is received by the FCSR. If the account is
disconnected, the customer will be required to pay the account in full, by cash, credit card, or
money order, before services will be reconnected. In addition, the customer may be required
to make the standard utility deposit pursuant to Sect gn 13,04.230
C. After utility bill has been mailed to the address provided by the customer for that account,
the customer is responsible for payment. If the customer has not received a bill, the custorner
is responsible for obtaining the amount of the bill from the Utility Office and for making timely
payment.
D. Exceptions to Service.
1. Utility customers that do not have water and electric service through the City, but do
have unmetered City services- including, but not limited to garbage, wastewater, and
stormwater drainage, may have their water or electric service disconnected by their
non -City provider through an inter -local agreement between the City and that entity, if
payment for their City utility account is not received by the 10`h day following the due
date on the utility bill (or the next business day, if a weekend or City holiday.)
2. A han4-de4vere4 final notice will be provided to past due City utility customers on the
10th day following the due date (or the next business day, if a weekend or City
Page 3 of 7
holiday) informing there that a disconnection of utilities has been scheduled with their
non -City provider of the utility, and that they have 24 hours to pay the past due
balance to the City or the disconnection will be completed. If the account is
disconnected, the customer will be required to pay the account in full, by cash, credit
card, or money order, before services will be reconnected. Rules and times of
reconnection will be determined by the entity performing the reconnection of utilities.
refead mnteyr- �r+ec4I a nor) thorn iAtnc nn nr r nithe
�.-rt.�-��T�a-rrrc-c �ctv'rn-ra-rrn.-r^v^—,..w ,u„snv-c.-T-r-cJrvmcrrr.
FiEi-.'`rt8i-%iQ�'- .g�-.�f-til'�-r�r�d'Fk'+H�-te'��asa-r�cid-�nnnrrnrfl�i thorn ch-�II ho nn
i-rwrra,.vrr�in-.. ..n-resrr-vt.—rry
eha rge-to4h e -customer.
B
A. Temporary service of utilities is available for a five-day period at a cost of $60.00, maximum
consumption being 100 kWh
of electricity and
2,000
gallons of water. Service in excess of
those maximum consumption
amounts will be
billed
at standard per unit charges.
Sec, 3Ud t, x...0� Other semces and charges—AH, t,ffifflii -..rM.,, a.a..aa
A. New account or transfer account charge $30.00. In order to transfer utilities from one location
to another, any outstanding bill on the current account must be paid prior to transfer. The final
bill for the original account will be transferred to and payable on the due date of the new
account.
B. After hour connect/reconnect charge at customer's request: $50.00. This charge is in addition
to any other charges already accrued, and is applicable to utility meter connects and
reconnects taking place any time other than regular business hours (Monday --Friday, 8:00
a.m.-5:00 p.m.) including weekends and City holidays.
C. Exceptions/Fees.
1. Disconnection by Non -City entity: Determined by entity disconnecting utility service.
Payment
is to
be made to the City, in addition
to the
Final Notice Fee and
past due
balance.
The
City will reimburse the
Non -City
entity
for the Disconnection
Fee.
2. Late Penalty Waiver.
a. A customer who is 60 years of age or older may request, in writing, a
standing waiver of the late penalty, for utility payments made after their due
date. Late payments will still initiate a late notice, and the actual payment
• •sun=.• - 1 -•
Page 4 of 7
history will be recorded. Non-payment of the utility account by the disconnect
date on the late notice will result in disconnection. Age must be verifiable.
Waiver applies only to the account holder or their spouse.
b. An industrial or larger customer, with an existing contract or development
agreement with the City, may enter into an additional contract with the City to
waive late penalties in return for specific payment arrangements. Late
payments will still initiate a late notice, and the actual payment history will be
recorded. Non-payment of the utility account by the disconnect date on the
late notice will result in disconnection.
c. A customer who is disabled, as authorized by the Federal Social Security
Administration, may request, in writing, a standing waiver of the late penalty,
for utility payments rnade after their due date. Late payments will still initiate
a late notice, and the actual payment history will be recorded. Non-payment
of the utility account by the disconnect date on the late notice will result in
disconnection. A customer's disabled status must be verified by an Award
Letter from the Social Security Administration. Waiver applies only to the
account holder or their spouse.
A. Residential. A $150.00 deposit is required on each dwelling unit unless otherwise specified by
this section or if the customer can provide an original letter of credit from another utility
company for the most recent 12 -month period preceding the connect date that has no late
payments or insufficient checks; or if the customer elects to pay their utility bill via automatic
draft from their credit or debit card or bank account for the following 12 month period.
B. Nonresidential. Unless otherwise specified by this section, or by the City Council,
nonresidential establishments are required to post a utility deposit equal to at least twice the
average monthly bill of that establishment or a similar establishment of its kind. The minimum
nonresidential deposit is $150.00. A.-a+rl�letteaf ed+tsurety bead; -ler tl�e depesit
ark}etnnA nnnt in; %�rrs. .�. ,oi-1 hie }(�t� rlirnrinr of 1='n-�n�
"cam-rrTz R.—�rr.tiro—orr-rr-e c.e r -i
u ofsnPo�i. The deposit may be waived with a letter of credit or surety
bond from a financial institution for the amount of the deposit for a 12 month period following
service initiation. The deposit may also be waived with a letter of credit from another utility
company for the most recent 36 -month period preceding the connect date that shows no late
payments or insufficient checks. The business represented in the letter of credit must have
the same owner and be of a similar size and usage as the business requesting services. The
deposit may be waived if the customer elects to pay their utility bill via automatic draft from
their credit or debit card or bank account for the following 12 month period.
Ordinance Number: Page 5 of "7
S • •n: 'Title 13, Chapter 13.04,' -•
Date Approved: a G__
C. Federal and State Political Subdivisions. Federal and State political subdivisions are not
required to post a utility deposit.
D. Satisfactory Payment History Deposit Refund. The required utility deposit shall be refunded to
a utility customer after one year of satisfactory payment history for utility services. Satisfactory
Payment History is defined as a payment history that does not include any Non -Sufficient
Fund (NSF) payments or any charge of a ten percent penalty for nonpayment by the due date,
as provided in Subsection ; _ i _ ;r. B.
E. Satisfactory Payment History Deposit Waiver.
1. A utility deposit is not required from a former residential customer who previously
established
a satisfactory payment history
with the City
during the most recent one-
year period
during which the customer was a customer
of the City.
2. A current residential customer, who has a 12 -month Satisfactory Payment History,
can apply for utility service at another residential location without posting a deposit.
3. A current non-residential customer, who has a 36 -month Satisfactory Payment
History, can apply for utility service at another non-residential location without posting
a deposit.
4. A deposit is not required of a current non-residential customer expanding an existing
business into a contiguous space having separate meters, as long as that business
has maintained a satisfactory payment history for the 12 months prior to the time of
expansion; the name on the account is the same; and the account cannot stand on its
own, if the original account closed.
F. Deposit Required After Termination. A standard utility deposit is required of any utility
customer, regardless of payment history, if utility service has been discontinued for
nonpayment. Utility customers shall thereafter be entitled to a satisfactory payment history
deposit refund upon the completion of the required one-year satisfactory payment history, as
computed from the date of reconnect, in accordance with the provisions of this section.
G. Present customers having a lower than currently established deposit are not required to
increase their deposit amount to the currently established amount, even when transferring the
deposit to a new location. However, such customers establishing a new, additional service or
having service terminated due to nonpayment are required to make the currently required
deposit.
A. It is unlawful for any person to damage, destroy, connect, tamper or otherwise, in any way,
interfere with the operation of utility meters or meter reading equipment within the City,
including but not limited to the tampering, adjustment, connection, breakage, or removal of
any seals, and including any hookup or connections that have the effect of bypassing a meter
D- •n: Title 13, Chapter 13.04, Ae
Date Approvedn
Page 6 of 7
or meters, so that a customer is receiving utility service of any character by virtue of such
hookup or connection.
B. There shall be a presumption that the utility customer, as shown by City records, was the
party who has damaged, destroyed, connected or otherwise tampered with such meter or
appurtenances, as prohibited in this section, but such presumption shall be rebuttable.
C. Meter Tampering Fine: $300,00$4-99-80. This fee shall be assessed for any violation of the
provisions of this ordinance, with each violation constituting a separate offense. This fee shall
be in addition to any costs accrued for the replacement or repair of damaged meters or rneter
reading equipment, or unbilled consumption.
Description: 13.04,—"Miscellaneous"
Page 7 of 7