City of Monroe, LA

ORDINANCE

STATE OF LOUISIANA

 CITY OF MONROE                                                                                       NO.  11,906           

             The following Ordinance was offered by Mr.  Echols                  who moved for its adoption and was seconded by Mr.  Wilson               :

 AN ORDINANCE AMENDING CHAPTER 36 SECTION 23.1, RELATIVE TO THE UTILITY OPERATION DIVISION’S CUSTOMER SERVICE POLICIES AND PROCEDURES, OF MONROE CITY CODE, AND FURTHER PROVIDING WITH RESPECT THERETO:_________________________________________________________

            WHEREAS, the City of Monroe has adopted Chapter 36 of the Monroe City Code; and

            WHEREAS, Section 23.1 of Chapter 36 entitled “Customer service policy and procedure” needs to be amended; and

NOW THEREFORE BE IT ORDAINED by the City Council of the City of Monroe, Louisiana, in legal session convened, that Chapter 36, Section 23.1 of the Monroe City Code be amended as follows:

I.     Application for Service

Anyone may apply for water and/or sewer service to a property provided they are the owner, owner’s agent, or an occupant of the property to be served.  Also, the applicant must be of legal age (18 years or older).

The Utility Operations Division (hereafter referred to as the Utility) must treat all applicants in an equal and non-discriminatory manner, without regard to race, sex, age, national origin, or marital status.

Upon request for service, the Utility will require an “Application for Service” and deposit payment.

A credit check may be performed as well as a review for payment history for previous services rendered by the City of Monroe.

A fee for establishing or transferring water service will be charged to the new account. See the Schedule of Fees for the amount.

If a request for service is denied by the Utility, the applicant will be informed both orally and/or in writing of the reasons for the denial and how to dispute the decision.

A.      Fees

If it is necessary to revisit the property multiple times for connection, the Utility will charge an additional fee to establish water service. See the Schedule of Fees for the amount.

B.      Deposits

1.  Deposit is Required

Residential:

All properties require a water deposit.  See the Schedule of Fees for the deposit amounts.

If it is deemed the customer is a credit risk, the applicant will be requested to provide a water deposit. See the Schedule of Fees for the deposit amounts..

Non-Residential(Commercial):

All properties require a water deposit based on meter size.  See the Schedule of Fees for the deposit amounts

Non-Residential(Industrial):

All properties require a water deposit  based on meter size.  See the Schedule of Fees for the deposit amounts.

Trash Only:

All properties require a trash deposit .  See the Schedule of Fees for the deposit amounts.

2.  Payment of Deposits

Deposits are expected to be paid at time of service request.  No deposit is to be waived unless authorized by the Director of Administration.  If 3^rd party agency pledges to pay a deposit for the applicant, the agent is to provide a signed statement in writing.  The account is to then be placed on a 30-day extension to allow time to receive payment.  

1. 3.  Refund of Deposits

Any deposit collected by the Utility will be refunded to the customer after such time as the account is disconnected, either for delinquency or at the customer’s request.  The deposit will be drawn upon to collect the outstanding balance on a disconnected account; any amount remaining after paying the outstanding receivable balance will be refunded to the customer within 30 days of the account being closed.

1. C.      Service Transfer

If a customer is moving he/she may request a transfer of service if:  (a) current active service is in the City of Monroe’s service area;  (b) the “new” address is in the City of Monroe’s service area and;  (c) all previous balances have been paid in full unless approved by Division Supervisor or appointed personnel.  A date can be given to stop service at the “old” address and a date can be given to start service at the “new” address.

1. D.      Old Unpaid Bills

Any balances outstanding from previously closed accounts by applicant should be paid at the time of new account being established.  If the applicant is unable to make payment, the outstanding balances will be transferred to the new account immediately, and a payment agreement on the balance will be required. 

Closed accounts with balances over $100    are transferred to a collection agency after 20 days from date of finalization.

E.      3rd Party Notice

The  customer has  the right to request a copy of their bill to be mailed to a third party, however the applicant is still responsible for payment of the account.

II.            Unauthorized Use of Service

When a new customer moves into a vacated service (e.g. residence, business, etc.) without applying for service, the Utility will issue a work order to shut off service immediately.  If the customer does not contact the Utility in up to 3 days, the service will be disconnected, and proper authorities contacted if necessary.

III.          Billing

1. A.      Frequency

Each account will receive one bill per month, following a schedule set by the Utility.

1. B.      Information

This bill will provide the following minimum information to the customer:

• Beginning and ending dates of the bill period

• Due date by which payment must be made

• Bill amount after due date once penalties are assessed

• Previous Meter Reading, Current Meter Reading, Date read, and Consumption for period

• Current services being billed and the amount due for each

• Delinquent (arrears) balance that has carried forward

• Total balance due on the account

• Address and telephone number for the Utility Business Office

Customers are responsible for their account balance and should be aware of their billing schedule. Failure to receive a bill does not relieve the customer of his/her obligation for its payment, nor from the consequence of non-payment.

C.      Services

1.     Water

Each account will be billed monthly for consumption in the thousands of gallons based on the meter reading.  A minimum charge will be assessed to accounts using 4 thousand gallons or less.  No bills will be prorated.

If an actual reading is unable to be received, consumption will be billed by the Utility based on the prior three months average consumption.

2.     Sewer

Sewer charges are included on the same bill as the water bill.  The quantity of wastewater billed shall be based on the quantity of water consumed at that account as determined by the water meter reading.  Accounts using water only may opt to install a separate meter, as approved by the Water Distribution, to avoid sewer charges for purposes of filling pools, watering lawn, etc.

1. 3.    Trash

Trash charges are included on the same bill as the water bill and are a flat rate per receptacle.  The service charge is for weekly trash/garbage pickup and dumping at the City landfill .  The City provides the customer with a 96-gallon receptacle for garbage.  The garbage receptacle is also repaired and replaced if necessary by the City at no additional charge to the customer.  Exceptions are damage due to customer negligence (burned by coals, etc.) or replacement by request when no damage is present. 

4.     Fire Sprinkler/Hydrant Fees

Fees for fire protection and hydrants will be billed monthly. These charges are a flat rate determined by the size of the service.

D.      Penalties

Penalties will be charged on any balance still outstanding 21 days after the bill date.

E.      Shut-offs

Utility shut-off of delinquent accounts will occur Monday – Thursday.  In the event of a recognized City of Monroe holiday, the service will not be shut off the day before or the day of the holiday but shut offs will resume the next business day.

F.      Unoccupied Properties/Minimum Charges

Unoccupied properties where a meter is installed will be billed monthly.   Accounts using no water (zero (0) gallons) will be billed at the minimum rate for water and sewer.

IV.          Adjustments to Customer Accounts

A customer may request their account be adjusted for several different reasons.  In all cases, qualified customers who wish to receive an adjustment to their bill must notify the office in person at the City Hall Annex, Monroe or by telephone.

Following are allowed adjustments:

1.  Water

Consumption may be adjusted on an account if that customer has been asked to run their water for city maintenance.  In this case, consumption may be adjusted  based on the customer’s average usage for both the water and sewer portions of their bill. Reasons may include (but are not limited to) the following:  flushing hydrants by request of Water Distribution, water meter leak repaired by the Utility or Water Distribution, water utility construction, etc.

2.  Sewer

A customer may apply for an adjustment to the sewer portion of their bill for situations where water was consumed yet there is sufficient proof that the water did not return to the sewerage system.  Reasons may include (but are not limited to) the following: new pool, pool repairs, etc. Adjustments for excessive water leaks where water did not return to the sewerage system require approval on a case-by case basis.

V.             Collections

1. A.      Paymenton accounts

If payment is sent by mail, the bill is considered paid on the day it is received. Customers have the option to pay online, by bank draft, or in person at the City Hall Annex  ,  .

Payments by mail or in office are applied to customer accounts within one business day of the Tax & Revenue Division receiving the payment.  Payments are accepted in the form of cash, check, money order, Discover, Mastercard or Visa.  Payments made online are posted daily by end of work day and can be made by credit or debit card.  Bank draft payments are scheduled to draft on the due date.  There are situations that may alter any of the normal processes such as system errors, holidays, etc.  In the event of such errors, any penalties that occur will be waived.

Partial payments are applied to customer accounts as follows:

1. 1.     Oldest outstanding balance (by date billed)

2. 2.     Water charges first then Sewer charges

If 3^rd party agency pledges to make a payment for customer, the agent is to provide a signed statement in writing.  The account is to then be placed on an extension not to exceed the next bill due date to allow time to receive payment.  

1. B.      Delinquent Receivable Process

All open accounts receivable with late or delinquent payment activity will be handled in a timely and effective manner to ensure maximum collection. The collection process will be performed in a professional, fair, and consistent manner.

1.     Residential

1. a.     SingleFamily Customers

A late charge is assessed on any balance still outstanding after 20 days from the bill date.  Residential customers are considered delinquent when full payment is not received within 9 days after the due date.  If the full balance is not received within the 9 days, the disconnection of service process will begin.

The disconnection process begins by sending a cut off notice 1 day after the due date. The notice informs the customer of the delinquent account, and that the customer needs to properly respond to the Utility or service will be disconnected on a scheduled date. Proper responses include payment, payment arrangement, or notification that the customer disputes the billed amount. If the Utility does not receive proper response to the cut off notice, a service fee will be added to the account, and service to the property will be disconnected on the scheduled date (at least the 10th day after due date). The disconnection day will not be a weekend, holiday, or day before a holiday.         

b.     Multi-Unit Single Metered Customers

Tenants residing in a multi-unit property (i.e. apartment complex) and supplied by a single water meter are given additional protection by the Utility.

The disconnection process begins the same as a single-family unit.  A service fee will be added to the account and service to the property will be disconnected at or around 4 days after scheduled disconnect date (at least 10 days after due date).  The utility will make a reasonable attempt to notify the manager and/or owner of the property prior to disconnection in person or by telephone.  After 3 failed attempts to make contact, the Utility will disconnect service.  The disconnection day will not be a weekend, holiday, or day before a holiday.

1. 2.    Industrial and Commercialaccounts

 The utility uses the same process for industrial and commercial customers as for multi-unit single metered customers.

C.      Fees

If multiple visits occur to the same property for the same purpose, the Utility has a right to charge the customer a fee for each additional visit. See Schedule of Fees for the additional charge amount

D.      Returned Payment Process

The City of Monroe will automatically redeposit checks refused by the bank. If the second attempt for deposit is returned due to insufficient funds, the Utility will add the amount of the return payment to the customer’s account.  In addition, the Utility will assess a returned check fee to the customer’s account per Schedule of Fees. The charge will be assessed for each account paid with the check.  A work order may also be issued for disconnection of service.  

Online payments and bank drafts are only processed once through the bank.  If the attempt for deposit is returned due to insufficient funds, the Utility will add the amount of the return payment to the customer’s account.  In addition, the Utility will assess a returned check fee to the customer’s account per Schedule of Fees. A work order may also be issued for disconnection of service.  

There are no probationary periods for a return payment.  Replacement funds must be made inside the office with cash or by credit card.  If the replacement funds are paid online, the payment must   be made with a debit or credit card to restore service immediately. Customers making bad payments two (2) times within one (1) year will be placed on a three-month probationary period.  If bad payments are made three (3) times within one (1) year, the customer will be placed on a six (6) month probationary period.  During probation period, the customer will be prohibited from paying by personal check whether by mail or in person.  

 E.      PaymentArrangements

1. 1. 1.       The Utility may offer reasonable payment extensions to customers who need extra time to make payment past the scheduled due date guidelines for such arrangements should be established by the Dept. of Admin.
   2. 2.       Water customers may request an extension to pay their water bill for up to ten (10) days. The eligibility for a payment extension will be determined by considering all the following criteria notwithstanding a single criterion:
      1. a.     Customer payment history;
      2. b.     Length of time a City of Monroe water utility customer;
      3. c.     Past due amount;
      4. d.     Age of past due amount;
      5. e.     Timeliness of prior payments;
      6. f.      The Utility staff along with management should review the status to determine            

       if a temporary payment extension may be granted.

1. g.     If eligible, the department will offer an extended date to pay the water bill.

2. h.     Even if a payment extension is granted, the customer may receive a final notice reminder.

VI.          Bankruptcy Process

When the Utility receives notice from the Court that a customer has filed a Petition for Bankruptcy, the Utility does the following:

1. Identifies the account(s) in that customer’s name.

2. Closes the bankrupt account(s), flagging as an account closed for bankruptcy.

3. Creates new account(s) in customer’s name and contacts the customer to sign for service on new account(s). The Utility may require a security deposit on the new account.

4. Files proof of claim with the court for balance on closed account(s).

The Utility does not perform additional collection effort on the final balance on the closed account(s) to avoid violating bankruptcy law (i.e. violating the automatic stay).

VII.        Closing an Account

Upon leaving a service location, it is the customer’s responsibility to contact the Utility to close their account. At that time, the Utility will schedule either a meter reading or removal of the meter.

A customer is responsible for any charges billed to an account until the Utility is notified by the customer to close the account.  A customer is also responsible for any charges billed when the Utility closes their account due to a unpaid balance or no payment made to restore service ten  or more days after disconnecting for nonpayment.

A.      Meter Reading

Property being sold to another party will be scheduled for a meter reading on the date requested. Once the reading is obtained, a final bill will be processed within 14 business days and the account will be closed. Payment is due 20 days after billed date.

If the new customer has not contacted the Utility within 3 business days, a disconnection notice will be posted following the guidelines established in this Customer Service & Procedure Manual, Article II titled “Unauthorized Use of Service”.

B.      Removing Meter

If the customer’s intent is to demolish the property and discontinue service, the Utility will schedule the removal of the water meter. Once the meter is removed, the final reading will be processed, and a final bill sent to the customer within 14 business days.  Payment is due 20 days after billed date.

VIII.      Resolving a Dispute

A customer or applicant reserves the right to dispute decisions made by the Utility. The Utility must investigate the dispute, report the results of the investigation to the customer, and attempt in good faith to resolve the dispute.  If the Utility cannot resolve the dispute, it must inform the person of his/her right to appeal the dispute to the Director of Administration or the Legal Department.

              This Ordinance was INTRODUCED on the  26th       day of  December      , 2018.

              NOTICE PUBLISHED on the  3rd    day of  January              , 2019.

              This Ordinance having been submitted in writing, introduced and published was then submitted to a vote as a whole, the vote thereon being as follows:

AYES:       Echols, Ezernack, Woods, Wilson & Clark

NAYS:       None.

ABSENT:  None.

              And the Ordinance was declared ADOPTED on the  22nd      day of January      , 2019.

                                                                                        Gretchen H. Ezernack                            

                                                                                            CHAIRMAN

Carolus S. Riley                             

CITY CLERK

James E. Mayo                              

MAYOR’S APPROVAL

____________________________

MAYOR’S VETO