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Ord. 0220-13 2021-10-11ORDINANCE NO. 220-13 An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 30, Utilities, Article II, RATES AND CHARGES, of the code of ordinances to amend Section 30-39, When Payment Due and adding Section 30-48, Extreme Winter Weather Events; providing a penalty for violation; containing a savings clause and a severability clause; providing for codification, publication, and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 30, Article II, RATES AND CHARGES, of the City of Pearland Code of Ordinances, is hereby amended in its entirety to read as follows: "ARTICLE II.- RATES AND CHARGES Sec. 30-39. - When payment due. (a) All bills for utility services furnished by the city shall be due no later than the twenty- fourth (24th) calendar day after the bill date; except that when the 24th calendar day coincides with a city holiday or weekend, the bill for utility services shall be due on the first (1st) business day following the 24th calendar day. (b) A payment plan may be furnished upon the approval of the Chief Financial Officer or their designee. In the event the terms of the payment plan are violated, the plan shall become null and void, and the full amount in arrears shall become payable on the due date. If the entire payment is not made, a late fee shall be assessed along with the applicable non-payment disconnection. Sec. 30-48. — Extreme Winter Weather Events (a) Extreme Weather Emergency means a period when the previous day's highest temperature did not exceed 28 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports. (b) Utility service due dates during an Extreme Weather Emergency shall be delayed until the Extreme Weather Event has concluded, and the imposition of a Late Fee for any account during an Extreme Weather Event shall be delayed by the number of days of the Extreme Weather Event. (c) No utility service shall be involuntarily disconnected during an Extreme Weather Emergency for non-payment, and any payment schedule for delinquent accounts shall be extended by the number of days of the Extreme Weather Event at the account holder's request. Secs. 30-49-30-55. - Reserved." ORDINANCE NO. 220-13 Section 2. Repealer. All previously adopted amendments in conflict herewith shall be and are hereby repealed but only to the extent of such conflict. Section 3. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars ($200.00). Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 7. Publication. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. Section 8. Effective Date. This Ordinance shall become effective ten (10) days following its second and final reading. PASSED and APPROVED ON FIRST READING this the 27th day of September, A. D., 2021. ':' VIN COLE AYOR ORDINANCE NO. 220-13 AT CRYSTAL ROAN, TRMC, CMC CITY SECRETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 11th day of October, A. D., 2021 c__ ) J IN COLE AYOR ST: YSTAL ' •AN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY VOTING RECORD FIRST READING September 27, 2021 Voting "Aye" - Councilmembers Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens. Voting "Nay" — None. VOTING RECORD SECOND AND FINAL READING October 11, 2021 Voting "Aye" - Councilmembers Orlando, Carbone, Hernandez, Kamkar, Owens. Voting "Nay" — None. APPROVED AS TO FORM PUBLICATION DATE: October 13, 2021 EFFECTIVE DATE: October 23, 2021 11111111111 pearlandtx.gov 1 Ordinance 30-39 pearlandtx.gov Current verbiage states: All bills for utility services furnished by the city shall be due within twenty (20) business days following the bill date. Recommendation to modify to: All bills for utility services furnished by the city shall be due no later than the twenty fourth (24th) calendar day after the bill date; except that, when the 24th calendar day coincides with a city holiday or weekend, the bill for utility services shall be due on the first (lst) business day following the 24th calendar day. 2 Ordinance 3-39 pearlandtx.gov The purpose of the recommended modification is to: 1. Provide clarity in the expectations for the utility due date 2. Provide customers time to pay in addition to offering flexibility around city holidays and weekends. Ordinance 30-39 pearlandtx.gov • With this change, the due date will be at least (24) calendar days from the bill date, as well as provide the needed time for the billing staff to maintain a consistent billing schedule. • Customers continue to pay their bills via in person, phone, online, or automatic payments. • If the 24th calendar day coincides with a city holiday or weekend, the bill will be due the first following business day. Ordinance 30-39 pearlandtx.gov Sample of 24 Calendar Due Date Billing Schedule READ DATE Cycle 11 Monday, August 23, 2021 Friday, September 24, 2021 Tuesday, October 26, 2021 Saturday, November 27, 2021 BILL DATE Tuesday, October 5, 2021 Thursday, November 4, 2021 Saturday, December 4, 2021 Monday, January 3, 2022 DUE DATE Friday, October 29, 2021 Monday, November 29, 2021 Tuesday, December 28, 2021 Thursday, January 27, 2022 LATE FEE DATE Monday, November 1, 2021 Tuesday, November 30, 2021 Wednesday, December 29, 2021 Friday, January 28, 2022 Cycle 12 Monday, August 30, 2021 Friday, October 1, 2021 Tuesday, November 2, 2021 Saturday, December 4, 2021 Cycle 13 Monday, September 6, 2021 Friday, October 8, 2021 Tulesday, November 9, 2021 Saturday, December 11, 2021 Cycle 14 Monday, September 13, 2021 Friday, October 15, 2021 Tuesday, November 16, 2021 Saturday, December 18, 2021 Sunday, October 10, 2021 Tuesday, November 9, 2021 Thursday, December 9, 2021 Saturday, January 8, 2022 Sunday, October 17, 2021 Tuesday, November 16, 2021 Thursday, December 16, 2021 Saturday, January 15, 2022 Sunday, October 31, 2021 Tuesday, November 30, 2021 Thursday, December 30, 2021 Saturday, January 29, 2022 Wednesday, November 3, 2021 Friday, December 3, 2021 Monday, January 3, 2022 Tuesday, February 1, 2022 Wednesday, November 10, 2021 Friday, December 10, 2021 Monday, January 10, 2022 Tuesday, February 8, 2022 Wednesday, November 24, 2021 Monday, December 27, 2021 Monday, January 24, 2022 Tuesday, February 22, 2022 Thursday, November 4, 2021 Monday, December 6, 2021 Tuesday, January 4, 2022 Wednesday, February 2, 2022 Thursday, November 11, 2021 Monday, December 13, 2021 Tuesday, January 11, 2022 Wednesday, February 9, 2022 Monday, November 29, 2021 Tuesday, December 28, 2021 Tuesday, January 25, 2022 Wednesday, February 23, 2022 *Due dates may change under Extreme Weather Events 5 Sample of 24 Calendar Due Date Billing Schedule READ DATE BILL DATE DUE DATE LATE FEE DATE Cycle 11 Monday, August 23, 2021 Friday, September 24, 2021 Tuesday, October 26, 2021 Saturday, November 27, 2021 Tuesday, October 5, 2021 Thursday, November 4, 2021 Saturday, December 4, 2021 Monday, January 3, 2022 Friday, October 29, 2021 Monday, November 29, 2021 Tuesday, December 28, 2021 Thursday, January 27, 2022 Monday, November 1, 2021 Tuesday, November 30, 2021 Wednesday, December 29, 2021 Monday, January 28, 2002 Cycle 12 Monday, August 30, 2021 Friday, October 1, 2021 Tuesday, November 2, 2021 Saturday, December 4, 2021 Cycle 13 Monday, September 6, 2021 Friday, October 8, 2021 Tuesday, November 9, 2021 Saturday, December 11, 2021 Cycle 14 Monday, September 13, 2021 Friday, October 15, 2021 Tuesday, November 16, 2021 Saturday, December 18, 2021 Sunday, October 10, 2021 Tuesday, November 9, 2021 Thursday, December 9, 2021 Saturday, January 8, 2022 Sunday, October 17, 2021 Tuesday, November 16, 2021 Thursday, December 16, 2021 Saturday, January 15, 2022 Sunday, October 31, 2021 Tuesday, November 30, 2021 Thursday, December 30, 2021 Saturday, January 29, 2022 Wednesday, November 3, 2021 Friday, December 3, 2021 Monday, January 3, 2022 Tuesday, February 1, 2022 Wednesday, November 10, 2021 Friday, December 10, 2021 Monday, January 10, 2022 Tuesday, February 8, 2022 Wednesday, November 24, 2021 Monday, December 27, 2021 Monday, January 24, 2022 Tuesday, February 22, 2022 Thursday, November 4, 2021 Monday, December 6, 2021 Tuesday, January 4, 2022 Wednesday, February 2, 2022 Thursday, November 11, 2021 Monday, December 13, 2021 Tuesday, January 11, 2022 Wednesday, February 9, 2022 Thursday, November 25, 2021 Tuesday, December 28, 2021 Tuesday, January 25, 2022 Wednesday, February 23, 2022