HomeMy WebLinkAboutOrdinance 998 Amending Chapter 94 Establishing Process for Non Compliant Water and Sewer CustomersORDINANCE NO.998
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES,
CHAPTER 94, ARTICLE H; ESTABLISHING THE FINANCIAL
RESPONSIBILITY OF CUSTOMERS UTILIZING THE TOWN OF
WESTLAKE'S WATER AND/OR SEWER INFRASTRUCTURE;
ESTABLISHING A PROCESS FOR NOTIFYING,
DISCONNECTING, RECONNECTING, AND ASSESSING FEES
FOR CUSTOMERS IN NON-COMPLIANCE OF PAYMENT; AND
DECLARING AN EFFECTIVE DATE OF JULY 1, 2024.
WHEREAS, the Town of Westlake, Texas ("Town") is a municipality providing water
and sewer services to customers within its boundaries and connected to its utility infrastructure by
Town -issued meters; and
WHEREAS, the Town has a responsibility to provide adequate water and sewer utility
services to its customers; and
WHEREAS, the Town has a fiduciary responsibility to provide vital water and sewer
utility services in a cost-effective manner; and
WHEREAS, the Town agrees that no free water and/or sewer utility service provided by
the Town shall be allowed; and
WHEREAS, the Texas Administrative Code allows for the Town to establish processes
and fees to ensure water and sewer utility services continue to be provided fairly; and
WHEREAS, the Town establishes a process for required notification prior to
disconnection, corresponding penalties, and reconnection (Attachment A); and
WHEREAS, the attached fees (Attachment B) implementing new fees are consistent with
the industry standards, and are just, reasonable, and in the public interest; and
WHEREAS, the Town finds that the codification of an ordinance is in the best interest of
the Town and its customers.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the Town Council finds that the Ordinance and its attachments are not in
conflict with the Texas Administrative Code.
Section 3. That this Ordinance establishes a process and fees which are just and
reasonable.
Section 4. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Ordinance, it is hereby repealed.
Section 5. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 7. That this Ordinance shall become effective from and after its passage with rates
authorized by attached fees to be effective for Town -issued utility bills rendered on or after July
1, 2024.
Ordinance 998 Page 2
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS, ON THIS THE 3'd DAY OF JUNE 2024.
Mayor Ki G e ves
ATTEST:
Dianna Buchanan, Interim Town Secretary
APPROVED AS TO FORM:
Ax
L. Stanton Lowry, Town Attorney
Ordinance 998 Pa.-e 3
Ordinance 998 —Attachment A
The Town will utilize the following calendar processes, separated by water meter usage type, to attempt to
collect monthly utility bills from its customers.
Residential
Billing Date: Town of Westlake Utility Billing issues bills for the previous month of usage plus any
additional fees, including deposits; generally by the 61 business day of the month
Due Date: monthly date by which payment for all current bills is due; auto -draft activities occur on the
due date (for both bank account withdrawal and credit card payments); generally between the 26`s and 28`s
of each month
Due Date +1 Day: late fees are assessed; notification of past due balance emailed to customer
Billing Date +1 Month: monthly bill for previous month of usage plus assessed late fees issued to
customer
Due Date +1 Month +1 Day: additional late fees are assessed; notification of past due balance emailed to
customer
Billing Date +2 Months: monthly bill for previous month of usage plus assessed late fees issued to
customer
Billing Date +10 Weeks (Approximately): after the 2nd month of non-payment (on or about the 151 day of
the month following the due date), a certified letter notification of past due balance and notice to cutoff
service/lock meter mailed to customer
Due Date +2 Months +1 Day: additional late fees are assessed; water meter is locked and service is cutoff
Billing Date +14 Weeks (Approximately): after the 3' month of non-payment (on or about the 15' day of
the month following the due date), a certified letter notification of past due balance and intent to turn over
to collections mailed to customer
Due Date +3 Months +1Day: collection penalty fee assessed; account referred to collections
Commercial
Billing Date: Town of Westlake Utility Billing issues bills for the previous month of usage plus any
additional fees, including deposits; generally by the 6' business day of the month
Due Date: monthly date by which payment for all current bills is due; auto -draft activities occur on the
due date (for both bank account withdrawal and credit card payments); generally between the 26' and 28'
of each month
Due Date +1 Day: late fees are assessed; notification of past due balance emailed to customer
Billing Date +1 Month: monthly bill for previous month of usage plus assessed late fees issued to
customer
Ordinance 998 —Attachment A Continued
Billing Date +6 Weeks (Approximately): after one month of non-payment (on or about the 15`s day of the
month following the due date), a certified letter notification of past due balance and notice of intent to
cutoff service/lock meter
Due Date +1 Month +1 Day: additional late fees are assessed; water meter is locked and service is cutoff;
notification of past due balance emailed to customer
Billing Date +2 Months: monthly bill for previous month of usage plus assessed late fees issued to
customer
Billing Date+10 Weeks (Approximately): after the 2nd month of non-payment (on or about the 151 day of
the month following the due date), a certified letter notification of past due balance and intent to turn over
to collections mailed to customer
Due Date+2 Months +1 Day: collection penalty fee assessed; account referred to collections
Temnorary Meters
Billing Date: Town of Westlake Utility Billing issues bills for the previous month of usage plus any
additional fees, including deposits; generally by the 6' business day of the month
Due Date: monthly date by which payment for all current bills is due; auto -draft activities occur on the
due date (for both bank account withdrawal and credit card payments); generally between the 26' and 28'
of each month
Due Date +1 Day: late fees are assessed; notification of past due balance emailed to customer
Billing Date +1 Month: monthly bill for previous month of usage plus assessed late fees issued to
customer
Billing Date +6 Weeks (Approximately): after one month of non-payment (on or about the 151 day of the
month following the due date), a certified letter notification of past due balance and notice of intent to
cutoff service/lock meter and stop permits for active projects
Due Date +1 Month +1 Day: additional late fees are assessed; notification of past due balance emailed to
customer; meter is locked and service is cutoff; hold is issued on development activity
Billing Date +2 Months: monthly bill for previous month of usage plus assessed late fees issued to
customer
Billing Date +10 Weeks (Approximately): after the 2' month of non-payment (on or about the 15' day), a
certified letter notification of past due balance and notice to recover the meter and turn over to collections
is mailed to customer
Due Date +2 Months +1 Day: collection penalty fee assessed; account referred to collections; meter
recovered
The above process is for non -terminated accounts. Accounts closed prior to resolution of outstanding
balances will be sent to collections. Ordinance 998, Attachment B lists the fee amounts for the events
described above.
Ordinance 998 —Attachment B
The Town will assess the following fees to attempt to deter non-payment of utility bills and recoup costs
for services rendered.
Residential
Late fees: 10% of the original past due balance; late fee is not calculated on outstanding balance inclusive
of late fees previously assessed; maximum of 3 fees on a single unpaid month assessed before balance is
turned over to collections
Disconnection/Locking fee: $50; assessed when staff must disconnect service and lock the meter
Reconnection/Unlocking fee: $50; assessed when balance is paid in full and service is restored by staff
Collections Penalty fee: assessed when the account is turned over to collections and based on the amount
outstanding and the amount charged by the Town's contracted collection agency
Commercial
Late fees: 10% of the original past due balance; late fee is not calculated on outstanding balance inclusive
of late fees previously assessed or other fees listed in this schedule; maximum of 3 fees on a single unpaid
month assessed before balance is turned over to collections
Disconnection/Locking fee: $75; assessed when staff must disconnect service and lock the meter
Reconnection/Unlocking fee: $75; assessed when balance is paid in full and service is restored by staff
Collections Penalty fee: assessed when the account is turned over to collections and based on the amount
outstanding and the amount charged by the Town's contracted collection agency
Temporary Meters
Late fees: 10% of the original past due balance; late fee is not calculated on outstanding balance inclusive
of late fees previously assessed or other fees listed in this schedule; maximum of 3 fees on a single unpaid
month assessed before balance is turned over to collections
Disconnection/Locking fee: $150; assessed when staff must disconnect service and lock the meter
Permit Hold fee: $50; assessed when the hold is placed
Reconnection/Unlocking fee: $150; assessed when balance is paid in full and service is restored by staff;
only assessed for locked meters, not for recovered meters
Missing/Unrecoverable Meter: Meter Cost + 10%; assessed when staff is unable to recover the meter
Collections Penalty fee: assessed when the account is turned over to collections and based on the amount
outstanding and the amount charged by the Town's contracted collection agency
Ordinance 998 —Attachment B continued
The above fees will be assessed according to the schedule in Ordinance 998, Attachment A. A residential
or commercial account will be allowed one late fee waiver per rolling 12 months, not to exceed 2 waivers
in a rolling 36 month period. This waiver is separate from a leak adjustment, which is also allowed on
residential or commercial accounts once per rolling 12 months, not to exceed 2 adjustments in a rolling 36
month period, and subject to documentation and Director of Finance approval. Account holders entering
into a payment plan will be responsible for all fees listed above, as assessed.