ORDINANCE NO. 2024-299

AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF LONE GROVE’S ORDINANCES, PROVIDING FOR THE ESTABLISHMENT AND CLARIFICATION OF LATE FEES, PENALTIES, AND DAMAGES TO WATER, SEWAGE, AND SOLID WASTE, CREATING A NEW CHAPTER IN TITLE 10 OF THE CITY ORDINANCES IN ORDER TO PROVIDE THIS CLARIFICATION, ABOLISHING TITLE 10-4-9, AND DIRECTING THE RENUMBERING OF TITLE 10 OF THE LONE GROVE CITY ORDINANCES

   SECTION ONE (1) WHEREAS, CONFUSION EXISTS REGARDING THE ASSESSMENT OF CHARGES AND PENALTIES FOR LATE PAYMENT OF WATER, SEWAGE, AND SOLID WASTE PAYMENTS FOR THE CITY OF LONE GROVE, AND

   SECTION TWO (2) WHEREAS, IT IS NECESSARY THAT THE SUBJECT OF PENALTIES FOR LATE PAYMENT, DAMAGE, OR DESTRUCTION OF SMART METERS AND GARBAGE RECEPTACLES BE EASILY ACCESSIBLE TO CITIZENS AND THE PUBLIC, AND

   SECTION THREE (3) WHEREAS, THIS NECESSITATES THE ESTABLISHMENT OF A CHAPTER FIVE (5) TO TITLE 10 OF THE LONE GROVE CITY ORDINANCES AND THE REPEAL OF TITLE 10-4-9 WITH THE APPROPRIATE RENUMBERING OF THE ORDINANCES CONTAINED IN TITLE 10, CHAPTER FOUR (4)

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: CHAPTER FIVE (5) OF TITLE 10 OF THE LONE GROVE CITY ORDINANCES IS HEREBY CREATED ENTITLED CHARGES, LATE FEES, AND DAMAGES.

   THERE IS ENACTED A NEW ORDINANCE, TO BE NUMBERED TITLE 10-5-1 TO STATE THE FOLLOWING:

10-5-1: CHARGES FOR SERVICE:

A.   Charges Established and On File For All Title 10: There shall be charged, assessed, and collected from each residential unit and each commercial establishment within the city limits a monthly amount as set by the city council by resolution or motion, or by agreement with its authorized representative. A copy of the current fees in effect shall be kept in the city clerk’s office.

B.   Bills for Service:

1.   Charges On Water, Sewage, Solid Waste Bill; Payment in Full Required:

a.   All bills for water, sewage, solid waste, or sanitation service charges shall be included on monthly bills, and no payment shall be accepted by the city of the Lone Grove Water and Sewerage Authority except for the full amount of the services, and all delinquent refuse bills shall carry the due dates, grace periods, and penalties.

b.   The charges billed shall constitute a total utility charge for the month in question, and partial payments for the services are prohibited. In the event an amount is paid that is less than the amount billed, the bill shall be considered delinquent as to the amount unpaid, and subsection C of this section shall be applicable.

2.   Payment of Bills:

a.   All charges shall be payable monthly as and in accordance with the city’s billing schedule.

b.   All bills for water, sewage, solid waste or sanitation services shall be paid to the city when due. Penalties shall be assessed to the billing in the event of delinquency.

C.   Delinquent Payments: All charges assessed under this chapter shall be due and payable by the 15th of each month. Failure to pay any charge assessed under this chapter within thirty (30) days from the tenth of the month the charges are billed shall be considered notice by the customer to discontinue services and shall be deemed notice to apply so much of the customer’s water deposit (If Applicable) as is necessary to the satisfaction of the past due bill. In such case, no water, sewerage, or solid waste services may be recommenced to the customer of the original deposit until the charge for turning on the customer’s water has been paid.

D.   A penalty of ten per cent (10%) of the charges billed shall be assessed after the fifteenth of the month the charges are mailed to the customer, in the event the bill is delinquent.

DISCONNECT POLICY

A.   A customer’s new bill is due by the 15th of each month unless the 15th falls on a holiday or weekend, in which case the bill is due on the next business day following the 15th of the month. If the bill is not paid in full by 4:30 p.m. on the due date, the account is considered past due and penalties/late fees will be applied to the balance.

B.   If a customer’s account exceeds $200.00 in past due balance plus the current billing charges, the account is considered delinquent, and a disconnection notice will be mailed out stating the amount due and the date of scheduled disconnection. A customer may contact and request an extension on his/her account. The account holder’s payment history may be considered in evaluating this extension request. Payment arrangements must be made before services are reinstated and will include the delinquent bill and a disconnect fee of $80.00. Failure to receive the bill or disconnect notice in the mail does not waive collection charges or prevent disconnection of service. Paying the bill is the sole responsibility of the account holder.

C.   Once all charges are paid in full, the Water and Sewerage Trust Authority Cashier will issue a reconnect work order. The water and sewer authority cannot guarantee what time the service will be reconnected, but the authority will make every effort to reconnect the service within twenty-four (24) hours on the first business day after payment is made. If upon arrival to disconnect or reconnect the meter the operator discovers evidence of tampering, lock-cutting or lock-damaging, or damages to the meter or meter box, the service will be disconnect and will not be reconnected until all additional fee, such as a $100 meter tampering fee, actual cost of replacement meter plus 33%, and other charges related to the damage of city property, have been paid.

D.      D.   Effective June 16, 2022, adjustments to the above fees shall be made by the Lone Grove Water and Sewerage Trust Authority Board by resolution rather than by the enactment or amendment of an ordinance. The Water and Sewerage Trust Authority Cashier will maintain and post current fee schedules in the office of the Water and Sewerage Trust Authority. (Ord. 210, 10-20-2003, eff. 11-21-2003; amd. Ord. 2022-287, 5-16-2022)

Damaged or Destroyed Smart Meters and Trash Receptacles:

1.   In the event that a smart meter becomes destroyed or substantially damaged, the customer shall be responsible for the replacement cost of the smart meter plus a thirty-three percent (33%) surcharge for the replacement.

2.   In the event that a trash receptacle becomes destroyed or rendered unsafe or unusable, the customer shall be responsible for the replacement cost of the receptacle, which is set by Southern Oklahoma Rural Disposal, Inc., or its successor organization, plus a thirty-three percent (33%) surcharge for the replacement.

3.   The Lone Grove City Council may adjust these charges by resolution without the necessity of enacting an ordinance.

BE IT FURTHER ORDAINED BY THE CITY COUNCIL THAT TITLE 10-4-9 OF THE LONE GROVE CITY ORDINANCES, ENTITLED CHARGES FOR SERVICES IS RENDERED MOOT AND SHOULD BE AND HEREBY IS REPEALED AND ABOLISHED.

BE IT FURTHER ORDAINED BY THE CITY COUNCIL THAT THOSE ORDINANCES CONTAINED IN TITLE 10, CHAPTER 4 SHOULD BE AND HEREBY ARE RENUMBERED AND RETITLED IN THE FOLLOWING FASHION:

   10-4-1: Definitions

   10-4-2: Duty to. Request Garbage Service

   10-4-3: Water Customers Deemed Sanitation Department Customers

   10-4-4: Containers

   10-4-5: Preparation of Rubbish for Collection

   10-4-6: Collection and Disposal of Solid Waste

   10-4-7: Burning Solid Waste

   10-4-8: Scavenging Prohibited

   10-4-9: Inspections

   10-4-10 Penalty

EFFECTIVE DATE: THIS ORDINANCE SHALL BECOME EFFECTIVE ON THE 18 TH DAY OF APRIL, 2024.

PASSED AND APPROVED BY THE LONE GROVE CITY COUNCIL ON THE 18 TH DAY OF MARCH, 2024.

                                                   BY____________________________________________

                                                   JEFF MATTHEWS, MAYOR

ATTEST________________________________________________

J.L. SELF, CITY CLERK