11-37-17-Ordinance-Utility Services and Tampering-11/20/2017ORDINANCE # 11-37-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS
AMENDING CHAPTER 13, UTILITIES OF THE CODE OF ORDINANCES; ARTICLE
13.300 TAMPERING WITH UTILITY SERVICE EQUIPMENT; ARTICLE 13.1300
INSTALLATION OF UNDERGROUND ELECTRICAL SERVICE; ARTICLE
13,1400 INSTALLATION OF STREET LIGHTS; ARTICLE 13.1600 UTILITY BILLING
PROCEDURES; ARTICLE 13.1700 AVERAGE MONTHLY PAYMENT PLANT
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR
A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
SECTION 1. That Chapter
13
ARTICLE 13.300 TAMPERING WITH UTILITY SERVICE EQUIPMENT
(a) It shall be unlawful for any person to do, commit or assist in committing any of the
following things or acts:
(1) To tamper with any utility meter used in connection with providing water and/or
electricity by the city.
(2) Intentionally, by any means or device, prevent electricity and/or water from
passing through any meter belonging to the city or used in connection with the
service of electricity and/or water by the city.
(3) Intentionally prevent a meter from duly registering the quantity of electricity
and/or water supplied by the city.
(4) Intentionally manipulate a meter from duly registering the quantity of
electricity and/or water passing through it.
(5) Intentionally divert any electricity and/or water so as to prevent registration
by a duly installed meter.
(6) Damage, destroy or remove any meter installed by the city to measure the
service of electricity and/or water.
(7) Tampering Fee. In the event the user or customer or their agent restores
water services or electric services after service has been disconnected by the city
or the user or customer or their agent tampers with the water meter or the electric
meter or service line appurtenances in any manner, a tampering fee as set forth
in the fee schedule in the appendix of this code shall be collected in addition to
the reconnect fees. (Ordinance 13-97 adopted 10/6/97)
(b) Should damage done to any utility service provision equipment be the result of
any action taken by a person in an effort to unlawfully utilize services, such theft
of service may also be punishable in accordance with V.T.C.A., Penal Code,
Section 31.04. (1992 Code of Ordinances, Chapter 11, Article 11.300, Section
118301)
(c) All damages incurred by the City, including but not limited to water loss, the cost
to repair damage and the cost of damage caused to affected properties shall be
paid by the person who does the damage or who is responsible for the same.
ARTICLE 13.1300 INSTALLATION OF UNDERGROUND ELECTRICAL SERVICE
(a) The preconstruction requirements are outlined below, and construction is to be
according to the specifications required by the city.
(1) Present names and numbers of all contractors involved in the
development/business.
(2) Present drawing of development including all utility easements, roads and
fire protection.
(3) Businesses will give the load factor for the facility. Developments with any
special needs, such as 3-phase equipment, will need to provide voltage and load
factor.
(4) Business developers will be required to install the ductwork and the
secondary service to the position designated by the City of Sanger Electric
Department.
(5) The Developer shall be responsible for the entire expense of the ductwork
and installation. The minimum depth of installation for primary shall be five -feet
(5'); and, three -feet (3') for secondary unless otherwise approved by the city. All
ducts shall be required to have one -foot (1) of cushion sand cover.
(6) The Developer shall be required to install two (2) runs of conduit for asingle-
phase primary line and one (1) run on a secondary line. A development that
requires 3-phase will place four (4) runs of conduit.
(7) The contractor installing the ductwork shall contact the city electric
department upon the placement of conduit in the trench before cover up begins.
Red electric burial tape shall be placed a minimum of 12" above all electrical
conduit.
(8) Transformer pads will be provided by the city and shall be placed and
leveled by the developer. Secondary pedestals will be provided by the city and
shall be set and leveled by the developer.
(9) Transformer stub -ups shall be placed by the developer as directed by the
electric department. The area where excavation has taken place for the
placement of transformers, shall be compacted and meet the City of Sanger's
Construction Standards, before pads and transformers are to be set. The
developer shall be financially responsible to the city for transformers shifting or
settling for one year from the time that the project has been accepted by the city.
(10) Street lighting must meet city ordinances and must be stubbed and marked
at those locations by the developer. The cost for street lighting will be the
developer's responsibility.
(11) The city shall provide all primary and secondary service conductor intended
for residential service and will also install the secondary conduit beginning after
the first twenty -feet (20') into the lot from pedestal to the residence. A meter base
is also included at no cost to the builder. Primary and secondary service
conductors are to be pulled into the conduit and to be marked and terminated by
the developer.
(12) Cover up, clean up and compaction of the ditch line of all electrical trenches
shall be completed by the developer.
(13) The developer will be responsible for maintaining trench lines that may
settle and for transformers and pedestals that also settle for a period of one year
after completion.
(14) The city reserves the right to refuse permits to any contractors involved in
the placement of conduit or utility lines based on qualifications and referrals.
(b) The customer or developer shall be responsible for furnishing and installing and the
expenses related thereto, of conduit for the installation of all on -site underground
development feeder, lateral and service lines utilized to provide electric utility service
to the subdivision. The specifications for the conduit shall be approved by the
electrical department prior to installation.
ARTICLE 13.1400 INSTALLATION OF STREET LIGHTS
(a) If customer requests on street light and a pole is conveniently located, customer can lease
the light fixture for a fee as set forth in the fee schedule in the appendix of this code.
ARTICLE 13.1600 UTILITY BILLING PROCEDURES
Sec. 13.1601 Utility Billing Procedures
All bills for municipal water, sewer, sanitation and electric service are due and payable at
city hall on the first (1st) day of the month. Failure to receive any bill provided by this section
shall not relieve the customer of any liability thereof.
Sec. 13.1602 When Bills Become Delinquent
Payments become delinquent after the fifteenth (15th) day of each month whereupon a ten
percent (10%) penalty is assessed to each delinquent bill.
Sec. 13.1603 Service to Be Discontinued When Delinquent
Service may be discontinued upon due written notice to customers having past due bills on
the twenty-seventh (27th) day of the month. In addition, a fee as set forth in the fee
schedule in the appendix of this code will be assessed to all customers whose service has
been discontinued.
Sec. 13.1604 Returned Checks
A fee as set forth in the fee schedule in the appendix of UV will be charged for each
returned check.
Sec. 13.1605 Accessibility of Meters
(a) All utility meters shall at all times be reasonably accessible to employees of the City
of Sanger whose duty it is to read such meters.
(b) Should a utility meter be deemed inaccessible by the meter -reader by reason of locked
gate(s), dangerous dog(s) etc., the city shall require the customer to obtain remote
readers and shall charge the customer a reasonable fee for the installation and
maintenance thereof.
Sec. 13.1606 Waiver of Late Fees and Penalties
Late fees shall not be waived for any individual customer more than once in any twelve-
month period without the express permission of the finance director. The finance director
shall review and approve all requests for the waiver of fees.
Sec. 13.1607 Extension of Time for Payment of Utility Bills
Extensions of time for the payment of utility bills shall not be granted more than twice in any
twelve-month period without the express permission of the finance director. No extension
shall be granted for longer than five days without the express permission of the finance
director, provided that extensions for senior citizens and disabled customers, if requested,
can be granted up to the third day of the following month. The finance director shall review
an extension list each month.
Sec. 13.1608 Adjustment of Excess Water Bill if Leaks are Repaired
(a) Any customer of the City may request a bill adjustment of a water bill from the City
because of loss of water through a leak in the customer's water line for a period
not to exceed two (2) consecutive months if:
(1) The customer files the request for an adjustment no later than 90 days after
the billing date of the date in question
(2) The consumption exceeding the customer's expected consumption was due to
water line leaks at the service address that were not within the customer's
control;
(3) The customer exercised due diligence in repairing the leaks; and
(4) The customer has not received any billing adjustment under this section within
the preceding 12 months.
(b) Within 90 days of the billing date of the bill in question, the customer shall file an
application for the adjustment on a form furnished by the City and provide
documentation of the repair detailing the exact nature and date of repair(s) to the
applicant's water line. The application form shall contain a statement setting forth
an understanding that the application is a government record subject to criminal
prosecution for false statements under the Texas Penal Code, as amended, and
the customer shall state that the application contains no false statements.
(c) For the purposes of this section, the finance director will determine a customer's
expected consumption for a given billing period using one of the following
methods:
(1) Average consumption used at the service address for the same month over
multiple years;
(2) Average consumption used at the service address for similar season months in
prior years:
(3) Consumption at the service address for the same month in the previous year;
or
(4) Consumption at the service address for current seasonal months.
(d) If the customer is eligible for a bill adjustment under this section, up to two (2)
consecutive bills shall be adjusted as follows:
(1) Expected consumption shall be subtracted from actual consumption to
determine excess consumption.
(2) One half (112) of excess consumption shall be added to expected consumption
to determine adjusted consumption.
(3) Adjusted consumption shall be calculated according to the applicable rates for
the customer for the billing period.
(4) The adjustment allowed shall equal the amount of the original bill minus the
calculated bill amount for the adjusted consumption
(e) If by using the adjusted total consumption for a bill adjustment under this section
the customer's corresponding wastewater volume would be lower than the volume
originally billed to the customer, the wastewater charges may also be adjusted.
(f) A determination by the finance director under this section is final and may not be
appealed.
Sec. 13.1609Adjustment of High -Volume Water Bill
(a) Any single family residential customer of the City whose bill shows consumption at
the service address that is at least three (3) times the expected consumption may
apply for an adjustment for a period not to exceed one (1) month if:
(1) The customer files the request for an adjustment no later than 90 days after
the billing date of the date in question;
(2) The customer has not received an adjustment under this section within the
preceding 36 months; and
(b) Within 90 days of the billing date of the bill in question, the customer shall file an
application for the adjustment on a form furnished by the City. The application form
shall contain a statement setting forth an understanding that the application is a
government record subject to criminal prosecution for false statements under the
Texas Penal Code, as amended, and the customer shall state that the application
contains no false statements.
(c) Upon receiving Cl" application, the City will investigate the cause for excessive
consumption, which investigation may include, but is not limited to:
(1) Inspection of the customer's water meter for indication of leaks and accuracy
testing;
(2) Review of the customer's billing record including historical usage of the service
address;
(3) Audit of the customer's irrigation system settings;
(4) Review of any new construction conducted at the service address; and
(5) Inspection of any new water consuming appliances installed in the past twelve
months.
(d) For the purposes of this section, the finance director will determine a customer's
expected consumption for a given billing period using one of the following
methods:
(1) Average consumption used at the service address for the same month over
multiple years;
(2) Average consumption used at the service address for similar season months in
prior years:
(3) Consumption used at the service address for the same month in the previous
year; or
(4) Consumption used at the service address for current seasonal months.
(e) If the NIA is eligible for a bill adjustment under this section, one (1) bill shall
be adjusted as follows:
(1) Expected consumption shall be subtracted from actual consumption to
determine excess consumption.
(2) One half (1/2) of excess consumption shall be added to expected consumption
to determine adjusted consumption.
(3) Adjusted consumption shall be calculated according to the applicable rates for
the customer for the billing period.
(4) The adjustment allowed shall equal the amount of the original bill minus the
calculated bill amount for the adjusted consumption
(f) If by using the adjusted total consumption for a bill adjustment under this section
the customer's corresponding wastewater volume would be lower than the volume
originally billed to the customer, the wastewater charges may also be adjusted.
(g) Exceptions to this section for extraordinary circumstances may be considered with
approval of the city manager.
(h) A determination by the finance director under this section is final and may not be
appealed.
ARTICLE 13.1700 AVERAGE MONTHLY PAYMENT PLAN
Cl) Plan Adopted.
(1) Qualified customers of utilities may enroll in a plan designed to provide
average monthly utility bills, such plan to be known as the "average monthly
payment plan."
(2) Utility bills will be continuously averaged based on usage of the previous
twelve (12) months history. Said payment will vary according to usage and rate
adjustments, as provided for herein.
(b) Average Monthly Payment Plan. The average monthly payment plan is available for
payment of charges for all services.
(c) Prerequisites for Participation in Plan. In order to qualify for participation in said plan,
potential customers must have an established credit record with the City of Sanger
Utilities. The following shall be considered proof of an established credit record as
required herein:
(1) Customer may not have more than two (2) late payments in the last twelve (12)
months.
(2) Absence of any utility service termination in the past twelve (12) months; and
(3) Absence of an outstanding balance with the City of Sanger Utilities.
(d) Application. Customers interested in participation in the average monthly payment
plan must apply by completing an application form as maintained on file in the utility
billing office. Said application shall be subject to review and denial or approval by the
City of Sanger Utilities.
(e) Effect of Rate Adjustments. Any rate adjustments imposed during the normal course
of business by the City of Sanger Utilities shall be included in the bill as they become
effective.
f) Termination
A customer's participation in the average monthly payment plan shall
terminate under the following circumstances:
(1) When service is terminated.
(2) When a penalty for late payment is applied to the account.
SECTION 2. All ordinances or parts
extent of such conflict, hereby repealed.
of ordinances in conflict herewith are, to the
SECTION 3. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are
severable and, if any word, phrase, clause, sentence, paragraph, or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
portions of this Ordinance, since the same would have been enacted by the City Council
without the incorporation in this Ordinance of any such unconstitutional word, phrase,
clause, sentence, paragraph, or section.
SECTION 4. Any person, firm or corporation who shall violate any of the provisions
of this article shall be guilty of a misdemeanor and upon conviction shall be fined in
accordance with the general penalty provision found in The Code of Ordinances, Section
1.109 General Penalty for Violations of Code.
SECTION 5. This ordinance will take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of
Sanger, Texas, on thi§,2OtWda�y,�of November, 2017.
v\� C�' APPROVED:
ATTEST:
Cheryl
'"rJ71t7iila•-
City Secretary
Thomas E. Muir, Mayor
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