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15-15 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-15 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 13, "UTILITIES," OF THE TOWN'S CODE OF ORDINANCES, BY REPEALING EXISTING ARTICLE 13.07, "UTILITY BILLS," AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 13.07, "UTILITY BILLS"; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council has considered and reviewed proposed changes to utility billing procedures by the Town, in an effort to simplify and clarify utility billing procedures and to provide for the fair and equitable handling of billing issues, all in the best interests of citizens and customers in Prosper; and WHEREAS, the Town Council has determined that the following amendments further those interests, and are in the best interests of the citizens and customers in Prosper. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Article 13.07, "Utility Bills," of Chapter 13, "Utilities," of the Town's Code of Ordinances is hereby repealed in its entirety and replaced with a new Article 13.07, "Utility Bills," to read as follows: "ARTICLE 13.07 UTILITY BILLS Sec. 13.07.001 Procedures (a) Utilitv bill Davments. Utility bill payments may be made by cash, check, money order, credit or debit card, online billpay, auto-draft of bank account, credit or debit card. No two-party checks will be accepted. No payroll checks will be cashed through the utility department. All returned checks, returned ACH notifications, or reversal of payment by payer will be assessed a returned check fee as established by appendix A to this code, as it exists or is amended, for administrative costs. Only cash, a cashier's check, money order, credit or debit card will be accepted for payment after three (3) returned payments have been received by the town over a one-year period, using the date of the last returned payment. (b) Reauest for new service, A request for new service must be accompanied by a completed service application. A service initiation fee is required for each meter per service address as established by Appendix A to this code, as it exists or is amended. Reasonable efforts will be made to connect utility service by the end of the same business day for applications received by 12:00 p.m. Otherwise, all reasonable efforts will be made to connect Ordinance No.15-15,Page 1 service by the end of the following business day. Except as otherwise provided herein, service initiation fees are nonrefundable. (o) Meter rereads. A customer may request a reread of their water meter. A water meter reading oha[ge, as established byAppendix AtD this coda, as it exists or is ornended, aho|| be charged on the next rDDOth'S VVotSr bill if the reading is determined to be correctNO water meter reading charge will be ooaeoaed if the Town determines that the original reading was incorrect. (d) Transfer nfservice from one service address to another. Acustomer moving from one active service address to another within the town may have their service transferred with completion ofa transfer application and knowledge of a transfer fee as established by Appendix A to this uude, as it exists or is amended. The transfer fee will be charged on the next month's water bill. Anadditional service initiation fee shall not boassessed. (e) Transfer ofservice to oereon at same dm/e||in4. A ouetorner, having no balance owed on their tnvvD utility account, may t[aOSf8[ their account to another person, living at the same dwelling, by sending a letter ore-0@j/. dated and signed by the original applicant who initiated the account, requesting said transfer. The letter Dre-mail must include the service addreas, effective date of chanQe, and signature. The transferee must provide their nonna. driver's license number and state of isaUonoe, and data of birth. The transferee's driver's license address must match the service address. Nofee shall becharged for this transaction. (f) Prosecution for tarnnerino0rbYiDaGoioq. The town shall prosecute persons who tamper with or bypass a water meter that has been turned off and/or locked. Tampering with or bypassing a meter shall be prosecuted in accordance with the Texas Code of Criminal Procedure and/or the Texas Penal COde, both as amended. (g) AdiVStnOentS in Ub|itY bi|{/Dq. Any improper reduction of water bill as Gh0VVD by @ rne18r or other reduction in 8 utility b/|/ /s unlawful and is pFohibited. unless such reduction is [Dade in accordance with the specific provisions of this article. Any officer or employee of the town reducing any bi||, except in accordance with this artide, shall be personally responsible for the reduction in the bi/|. and shall be disciplined in accordance with town pO|icy, uptOand iOdUd|Og t8rDliD3dVn Of employment with the town. Sec. 13.07.002 Adjustment ofbill asresult ofdefect in customer's line /m\ Any customer of the iOVVD may request a correction of any water bill from the town once in twenty-four (24) months for water usage because of m |oea ofwater through on excusable defect (hereinafter defined) in the customer's water line for a period not to exceed two /3> consecutive months, by written application with the utility billing dopartnleOt, by rnai|ing, e- Onoi|ing or delivering the same to the department within thirty (30) days of the repair of the excusable defect. Shutting off the water does not qualify aoarepair. (b} Such application Sh8// contain the following matters and such other information as the utility official may require: (1) The name of the applicant, the address or description of the property or premises furnished xvater, the bill which is sought to be oornacted, the date of the bill and -�' the period ofwater usage covered thereby. Ordinance No.1a'1s.Page u (2) A statement Of the date on which the excusable defect in the applicant's water line was discovered, and the date mnwhich it was repaired; and astatement that water was lost after it passed through the town water meter serving such -- property and that such water was not used inany manner byanyone. (3) The application shall show whether ornot there have been any additional water appliances Or fiXtUFa9, swimming pOo|a. or hot tubs placed in use on the applicant's premises during the period covered bysuch bill. (4) A statement that the applicant is pSrSOOa||y familiar with all of the nlott8r8 of facts stated in the application and sworn to therein, that they are made on his personal knowledge and that they are each true and correct. (5) The customer shall execute a statement setting forth an understanding that the application is a government record subject to criminal prosecution for tg/sa statements under the Texas Pena/ Code and shall state that the applicant certifies that the application contains no false statements. (o) Documentation of the repair shall be submitted detailing the exact nature and date of repair(s) to the applicant's water line. (d) 8sused iDthis article the term "excusable defect" shall mean arupture Orleakage Dfthe cusiDnl8['g underground water lines from the meter to the foundation and/or under the foundation as may be caused by freezing vveather, eett|ennent, corrosion, wear oraccident. The term does not apply to defective Or out-of-repair faucets (inside or outeide), internal vva|| p|urnbing, sprinkler systems, sprinkler heads, sprinkler |inee, sprinkler solenoids, swimming �- pools, auto-fill pOV| eqUiprOSOt, toi|ets, toilet flappers, any VutdOorfiXtUre/ocCeSSory such as an outdoor kitchen. (8) Upon receipt of a properly completed application, the utility billing VffiC/a| Sh8|| review such application, and if he/she approves the same as being in compliance with this @dio|e' the applicant's b/// shall be recalculated. A determination by the utility billing official of the amount of an adjustment to be nl@d9 in an applicant's Vv@taF bill in accordance with the provisions of this article shall befinal. (f) The applicant's average water usage will be based on the previous nine (S) months. If the applicant has not been m customer for @ sufficient length of time to make such determination, the utility billing official will use the electronic meter reading system to determine actual loss as described by the applicant during a specific time frame. This average water usage modetermined will hereafter bereferred toas "average ueoge." (g) From the total water consumption shown on the bill submitted for correction, the average usage will be deducted. The resulting figure will hereafter be referred to as "excess usage." The excess usage will be considered consumption beyond the average uaoge, and charged at the rate of one-half of the regular rate for consumption beyond the average usage (for customers in theapp//canyenatac/asa/fiCab0O) vv/// be applied tothe excess usage and this will determine the amount the applicant must pay for the excess usage, The regular rate for customers in the applicant's rate classification will beapplied to the average usage and this amount will baadded tothe amount due for the excess ueage' and the total ofthose two amounts vvi|| be the sum that the applicant must pay for water usage during the period covered by the adjusted bill. Ordinance No.1s-1a.Page o (h) /\ bill shall be paid in full by its due date while the UU|dv billing official P8VievYS an aoo|kcaUVn for adjustment. Any adjustment due to the customer will be credited to customer's active account orrefunded if the account had been ended priortoafinal determination. /i) K]oadjustment shall b8given for$5.ODOrless. Sec. 13.07.003 Adjustment of anunmxp|ainob|e/unusually large bill (2) Any customer who receives 3 water bill for any given month that is computed on the basis ofaquantity greater than 3OOpercent (3OOY6) ofthe average monthly quanthv (hereinafter defined) applicable to such customer, may request on adjustment of the bill in' the manner provided in this article; provided, that for any given customer, only one (1} Such monthly bill out of any series of twenty-four (24) consecutive monthly bills may be adjusted. (b) In order to request such an odiUstOlent, the customer shall file an application for the 8cUVSt[n8nt OD a h}[nn furnished by the utility OUioia|. The application form Sho// contain a statement setting forth GD understanding that the application is g government record subject to criminal prosecution for false statements under the lFaxao Penal Code, as amended, and the customer shall state that the application contains no false statements. The application eho|| identify the bill and briefly state: (1) The reasons for the request for the adjustment" (2) A description Of the additional Vvgt8[ app|i@Do8S or fixturaS. Svvinn[DinQ pools, Or hot tuba, ifany that have been placed in use by the customer during the current month orthe preceding twelve /1�) montha ` ' . (3) That there have been no plumbing repairs or necessity therefore during the month for which an adjustment is sought or that the nature of any plumbing defects would not explain the additional usage; and (4) Such other information as the application may require. (C) Acustomer shall submit any supporting dOCUQOent8doO of information that would assist the utility billing official with making 8 determination. (d) The average monthly quantity applicable to a customer means the average quantity for water service to the S8nle premises during the twelve (12) months immediately preceding the month for which the adjustment issought. |facustomer has not been at the premises for twelve (12) months, the application will beheld for @Dadditional three /3\ billing cycles sOthat the utility billing official can determine customer's ''nVrrna/^ usage pattern. The average ofthose three (3) months will boused todetermine /fanadjustment can bemade. (e) Upon receiving such application, the utility billing official shall make @D investigation to determine if an error was mode, which investigation shall inc|ude, among other thingg, an inspection of the customer's water meter and review of the customer's billing record. |fthe initial investigation reveals a billing or meter error, the utility billing official shall make anadjustment tn correct the error. If the investigation does not reveal an error, the utility billing official may make such further invandgation, as the utility billing official dearna odviseb|e, and shall give full consideration to the statements contained in the customer's application. The utility billing official Ordinance No.1o'1n.Page o will consider new landscaping, irrigation oVatenle` winter rye Qnaos. abnormally lush |andecmping, holiday visitore, new svvnnmninQ pools or hod tube, and other new vvohar appliances Vrfixtures osindications ofand contributors tohigh water use. (f) If the utility billing official concludes that, in all reasonable pFobGbi|ity, the customer was charged for more water than the customer consumed during the month in qu8Stion, but is unable to @{tu8||y account for such unusual quantity, the utility billing official Shg|| [e-compute the bill using the average monthly quantity applicable tothe customer. /g\ A customer will be responsible for the normal rate of ChaqJ8 equal to the customer's classification using the average consumption p/US 50 percent (50%) of the overage. /\ determination by the utility of5Ci@l made in accordance with the provisions of this article shall be final. (h) The customer will be required to pay half of the bill prior to the due date or make @ payment arrangement with the utility billing official. Sec' 13.07.004 Penalty/Termination/disconnection of services The rates and charges set forth in this article ohmU be mailed or e-mailed bythe town and ahoU be due and payable by the customers of the water, sanitary S8VVer and garbage collection system OO the tenth (1Cth) day of each month after the billing cycle. In the event the tenth (1Uth) day is a holiday recognized by the town ora vveehand, the rates and charges shall be due and payable onthe first business day following said holiday orweekend. /1\ Should the amount due onthe 1Othday ofthe month after the billing cycle not be paid in fu//, a ban percent (10Y6) penalty of the most current balance shall be added to the amount post due. If customer has shown a strong payment history for one year and requeato, the utility billing department shall extend a customer courtesy toremove the penalty charge. This isallowed Oomore than once every 24 months. (2) The town will issue @ past due notice ten (10) days thereafter ifpayment has not been made by the due date, which will also serve as a notice of possible service termination. The customer is subject to service discontinuation on the tenth (10th) day after the notice has been issued. The town is not required to send additional notices other than the past due notice in order to be authorized to discontinue service. /3\ Should service be discontinued to o customer and the amount past due and delinquent is paid thenaefter, such service may be resumed. There ahm|| be additional chargee collected as provided in the fee schedule found in Appendix to this code for reconnection to the xvater/vvmatevvatonborbaQa services. (4) Any customer wishing to discontinue services must give notice thereof to the Town. Charges will continue iobeentered UOd| such notice has been given Or three (3) billing cycles have yielded no response from the customer. If there has been no contact with the utility billing department for three (3) billing oyo|ee, service may be automatically terminated. Ordinance No.1o'1o.Page o (5) Utility service may be disconnected after notice for the following reasons or as referenced in the Texas Administrative Code, Title 30, Part 1, Chapter 291, Subchapter E, Rule 291.87: (a) failure to pay a delinquent account for utility service; (b) failure to comply with the terms of a deferred payment agreement; or (c) payment by check which has been rejected for insufficient funds, closed account, stop payment, or customer reverses auto payment. (6) Field workers are not obligated to accept payment of the bill when they are at the customer's location to disconnect services. Sec. 13.07.005 Proration of Utility Bills Customers who request to commence, transfer or terminate any residential or commercial account for utility service within a billing cycle shall be billed based on a pro rata basis. The calculation method shall consist of taking the applicable minimum service charge for both water and wastewater services then charging only the portion that is represented by the chart below: Number of days of service Percent of minimum service charge billed 1 1 — 10 days 40% 1 11-20 days 70% 1 21- billing cycle date 100% Sec. 13.07.006 Winter Averaging for Residential Wastewater Services Residential only customers who are receiving town wastewater (sewer) services shall be billed according to their winter water consumption average. Water consumption billed in December, January and February shall be averaged to calculate sewer charges beginning in March and ending in February the following year. (a) Customers who are not billed in December, January and February will not have a winter average. Therefore, those customers shall be billed according to water consumed each billing cycle capping at 10,000 gallons until a winter average is established or service is terminated. (b) Customers who have a winter average and transfer from one active account to another account with town services will retain their original winter average until new data is collected. (c) A reasonable adjustment can be made to the sewer bill if a water leak can be documented during the winter average data collection period. Request of winter averaging must be completed by June 1St following the data collection period and be delivered to the utility billing department for review. If actual water loss can be calculated the consumption shall be adjusted accordingly. If not, the prior Ordinance No.15-15,Page 6 year average can be used, if available, at the discretion of the Utility Billing Official. Sec. 13.07.007 Dispute of Utility Bill Any customer may dispute their utility bill. It is the customer's responsibility to advise the Utility Billing Department that a bill is being disputed by written notice. This notice can be mailed or brought to the Utility Billing Department in person during normal business hours. (1) A payment equal to the customer's average (preceding 12-month) monthly usage at current rates must be made by the due date stated on the bill being disputed. Where no previous usage history exists, consumption for calculating the average monthly usage will be estimated on the basis of usage levels of similar customers under similar conditions as determined by the utility billing official. (2) The payment must be received by the Utility Billing Department prior to the date of proposed discontinuance for a customer to avoid discontinuance of service. Notwithstanding any other section of this article, a utility customer's service may not be subject to discontinuance for nonpayment of that portion of a bill under dispute pending the completion of determination of the dispute. The customer is obligated to pay any billings not disputed. (3) If the customer is registered for auto debit through their bank or credit card it is the responsibility of the customer to remove this payment authorization prior to the Utility Billing Department beginning their payment process which can be a few days prior to the due date. The Utility Billing Department shall not draft partial payments and shall only draft the full amount of the bill. (4) The written dispute notice will be reviewed by the utility billing official within ten (10) days of receipt of such. The utility billing official will make recommendation(s) for settlement and present them to the Finance Director. (5) The Finance Director will make a determination within twenty (20) days of receiving the utility billing official's recommendation(s) and written notification will be sent to the customer within thirty (30) days of the original dispute notice. (6) If a customer does not agree with the decision, the customer has the right to appeal. The customer can do so by contacting the Town Manager directly. The Town Manager shall render a final, non-appealable decision. Sec. 13.07.008 Senior Affordability Discount and Penalty Exemption (a) Senior citizen account holders who qualify are entitled to receive a credit for storm drainage charges and the first two thousand (2,000) gallons of water included as part of the minimum bill for an indoor residential account. Eligibility requirements are as follows: (1) Must be listed as the account holder on residential only property. (2) Must be age sixty-five (65) or older. Ordinance No.15-15,Page 7 (3) K8Umt provide proof Ofage with a valid United States or State |D. (4) Must not be receiving the senior affordability rote on any other Town of Prosper ~�- account. (5) Must complete and sign the application. (b) Late payment penalties eh8|| be waived for any account holder who qualifies and is entitled tosuch. An applicant must complete an application and present adequate proof that the customer is either (1) at least age sixty-five (65) and the recipient of social security or other bona fide n8bre[neOt benefits, o[ (2) totally disabled. The applicant [Oust provide documentation, such as a letter from SVo/a/ Security. Veterans Affairs, or any other governmental agency clearly declaring the account holder to be disabled. Bank statements, AARP membership card. Medicare card, document(s) with a GDCi8| Security nu0b8r, orsimilar documentation will not be accepted osproof.^ SECTION Should any ee{tiVn, aVbsection, santeDoe, clause or phrase of this Ordinance be declared unconstitutional or invalid by g Court of competent jUriSdioti0n, it in expressly provided that any and all remaining portions of this Ordinance shall narnoin in fU|| force and effect. The Town hereby declares that it would have passed this (}rdinance, and each secUon, subee{tion, o|ouoe or phrase thereof, irrespective of the fact that any one or more eectiono, eubsecdone, santenoeo, dmueee and phrases be declared unconstitutional or invalid. SECTION A// provisions 0fany ordinance in conflict with this {}PdiD@OCe are hereby repealed to the extent they are in conflict, and any remaining portions of said VrdiD@Ooea Sh@|| remain in fU|| force and effect, SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of misdemeanor and, upon coOVi{±ioO, shall be punished by fine not to exceed the sUFn of five hundred dollars ($500.00) for each offeDSe, and each and every day such violation shall continue shall constitute separate offense. The penal provisions imposed under this [)ndiD@Doe shall not preclude the Town from filing suit to enjoin the Vin|8dVn. and the lFovvn retains all /ago| rights and remedies available to it. SECTION This Ordinance shall become effective from and after its adoption and publication as required by |GvV. Ordinance No.1s-1s.Page o DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 24TH DAY OF MARCH, 2015. APPROVED: Ray Smith,�Mayor ATTEST: %4AU- 14�& Robyn �Bt le, own Secretary - APPROVED AS TO FORM AND LEGALITY: Terrence S. Wefefi, Town Attorney Ordinance No,15-15,Page 9