ORD 13-09 Amending Title 13 Utility BillingORDINANCE NO. 13-
09 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING
SECTIONS 13.08.010, 13.08.060 AND 13.16.080 OF THE
ORANGE MUNICIPAL CODE RELATING TO
UTILITY
BILLING.WHEREAS, the City has seen an increase in the amount of unpaid debts owed to
the City through the Utility Billing Department;
and WHEREAS, in an effort to reduce the amount of theCity's unpaid debt and
improve billing efficiency for customers and staff, changes to the current Code relating to
utility billing are required;
and WHEREAS, the proposed Code changes shorten the period of time for when
an account is considered delinquent and also change the procedures for initiating service
or reinstating service when an account has been shut off or closed;
and WHEREAS, the proposed changes will affect a small portion of current
customers,but the economic ramifications are significant enough to necessitate new procedures;
and WHEREAS, the City Council believes the proposed amendments will serve
the public
welfare.NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:Chapter 13.08 -Application For Water Service - of the Orange Municipal Code is
hereby amended to read as follows:
13.08.010 Application--
Form.F. A utility account deposit may be required in such amount as is specifically set
in the Master Schedule of Fees and Charges, as the same may be revised periodically
by resolution of the City
Council."13.08.060 Disposition of
Deposits B. The City shall apply any deposits toward accounts that have been closed
either by the City or voluntarily by the customer. If the deposit is more than the
outstanding balance, the customer will receive a refund. If the deposit is less, the customer will receive
a
SECTION II:
Chapter 13.16 -Water Rates- of the Orange Municipal Code is hereby amended to
read as follows:
13.16.080 Payment ofCharges-Penalty for Non
Payment A. All water charges are due and payable in theCity's Finance Office in the
Civic Center on the date they are rendered and become delinquent 25 days thereafter. If the
amount due on the bill is still unpaid by the due date written on the final turn off
notice approximately 2 weeks later), and after the City has reasonably attempted to notify
the consumer of the delinquency, the water shall be shut off and shall remain off until all
bills,deposits and service charges have been
paid.B. If it has been necessary to discontinue water service for nonpayment of a bill
one time in any 12-month period, then the consumer may be required to post a deposit
in addition to all other charges to be paid prior to reestablishment of service or initiation of
new service.For consumers that have continued multiple discontinuations of water services,
their account will be reviewed to see if additional deposits would be required in order to cover
their current average balance. Additionally, if a customer has two returned items (checks) from
the bank within a 12-month period, the customer may be required to post a deposit in
addition to all other charges to be paid prior to reestablishment of services or initiation
of new services.They may also be required to pay all future charges by some means other than
a check. The amounts of the deposits may be equal to the highest billed amount within
the preceding 12-month period, and be rounded to the nexthighest five-
dollar ($5.
00) multiple."SECTION III:Should any section, subsection, clause or provision of this
Ordinance, for any reason,be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
Ordinance, it being hereby expressly declared that this Ordinance and each section,
subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and
ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses
or phrases be
declared invalid
or unconstitutional.SECTION IV:A summary of this Ordinance shall be published and a certified copy
of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (
5) days prior to the City Council meeting at which this Ordinance is to be adopted.
A summary of this Ordinance shall also be published once within fifteen (15) days
after this Ordinance's passage in a newspaper of general circulation, published and circulated intheCityofOrange.The City Clerk shall post in the Office of the City Clerk a certified copy of
the full text of such adopted Ordinance along with the names of those City Council
members voting for and against the Ordinance in accordance with Government Code
Section 36933. This Ordinance shall take
effect
ADOPTED this 13th day of October, 2009.
ATTEST:
Mary. E ity Clerk i y ange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 22°d day of September, 2009, and thereafter at the regular meeting of
said City Council duly held on the 13th day of October, 2009, was duly passed and adopted
by the following vote, to wit:
AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COiJNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. City Clerk, Ci ange
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