TITLE 17
UTILITIES
CHAPTER 1
UTILITIES, GENERAL PROVISIONS
SECTION:
17-1-1: Utility Department, Authorized Inspections
17-1-2: Utility Fees And Billings In General
17-1-3: Failure To Pay Bills; Penalty And Disconnection Of Service
17-1-4: Utility Taps And Connections; Fees; Utility Deposits
17-1-5: Authority To Establish Or Modify Fees
17-1-6: Leasing Of All Utility Systems And Properties
17-1-7: Sole Provider System For Ambulance Service Transports
17-1-1: UTILITY DEPARTMENT, AUTHORIZED INSPECTIONS:
   A.   Department Established: A utility department is established for the city with responsibility for the management, maintenance, care and operation of the city's utilities. The head of the utility department is the director of public works, who is appointed by the city manager.
   B.   Inspection Authorized: The director of public works and other personnel in the service of any municipal utility system as designated by the director of public works may enter any private premises served by the municipal utility system at any reasonable times, and inspect the pipes and fixtures on the premises. The consumer must answer fully, to the extent of his knowledge, all reasonable questions relating to the service on his premises. (2000 Code § 17-101; amd. Ord. 1081, 4-8-2008, eff. 5-8-2008)
17-1-2: UTILITY FEES AND BILLINGS IN GENERAL:
   A.   Rates Set By Council: All fees and charges in connection with any customer's use of the city sanitary sewer system, the city water facility system, or the operation of the city collection and disposal of refuse and garbage, and the city ambulance service are billed in accordance with applicable rates set by the city council.
   B.   Monthly Billing: All fees and charges owing for any of these utility services shall be billed on one monthly bill submitted to the customer each month. The utility bills submitted by the city shall be due and payable on or before fifteen (15) calendar days following the billing date. (2000 Code § 17-102)
17-1-3: FAILURE TO PAY BILLS; PENALTY AND DISCONNECTION OF SERVICE:
   A.   Failure To Pay Bill; Actions And Penalties: Upon failure of any customer to pay any part of a water or utility bill submitted by the city by the fifteenth day following the date of the bill, the following actions and penalties shall result:
      1.   The bill will be considered delinquent. Having been declared delinquent, a grace period of not more than twenty four (24) hours will be granted for full payment after which the city shall disconnect or discontinue any or all utility services.
      2.   A fee of ten percent (10%) of the total amount shall be added to any utility bill which is not paid by the tenth day of the following billing date.
      3.   When a utility bill is not paid within twenty (20) days after the billing date, the authorized agents of the city may disconnect or discontinue any or all utility services to the customer after providing written notice to the customer of the intent of the city to disconnect or discontinue any or all of the utility services, and a service charge as set by the city council in addition to the delinquent payment and late charges will be collected before water service will be reinstated.
      4.   The authorized agents of the city may discontinue to furnish water to any customer refusing or neglecting to pay all or any part of a utility bill submitted after providing written notice to the customer of the intent of the city to disconnect the water service.
      5.   An additional fee as set by the city council will be charged for removal of a water meter due to nonpayment of a water or utility bill, in addition to all previous charges, to renew water service.
   B.   Payment Of Charges And Penalties Required: If any utility service is discontinued or disconnected pursuant to this section, the city, or its agents, shall not reconnect or reestablish the service until the full amount of any outstanding utility service bill is paid, plus the penalty provided in this section, plus any applicable charges or expenses in reconnecting or reestablishing the service.
   C.   Service Charge: A service charge as set by the city council is required for any water meter service reconnection and for each time the water service is turned off or on.
   D.   Meter Deposit Required; Refund:
      1.   Deposit Required: A meter deposit as set by the city council shall be required for each residential or commercial water service connection. Each meter will require a separate deposit.
      2.   Deposit Refund Policy: Refund policies pertaining to meter deposits shall be established by the administrative staff and based on the customer's payment record. No meter deposit shall be returned to a customer prior to a three (3) year holding period unless service is terminated. (Ord. 1048, 11-14-2006; amd. Ord. 1081, 4-8-2008, eff. 5-8-2008)
17-1-4: UTILITY TAPS AND CONNECTIONS; FEES; UTILITY DEPOSITS:
   A.   Application For Utility Tap Or Connection; Deposit:
      1.   The director of public works or his designee shall approve any request for a water tap and connection, a sewer tap on an existing line, or a sewer tap on a new line. Prior to granting approval by the city, the customer shall have paid the connection or tap charge as applicable and set by motion or resolution of the council.
      2.   A separate deposit is required for each meter. The deposit shall serve as a guarantee for the payment of charges for utility service and other amounts owed to the city in connection with the utility service. Said deposit shall be held in trust by the city. When a customer's utility service is disconnected, the deposit or any part of such amount deposited which remains after all such charges and amounts due the city have been satisfied, shall be returned to the customer.
   B.   Reconnection Fee: A fee for reconnection of utility service where the service has been turned off or a meter has been disconnected by the city for any reason, or for any reconnection of utility service done after regular working hours (before 8:00 A.M. or after 5:00 P.M. Monday through Friday) or on any legal holiday, the charge shall be set by the city council by motion or resolution.
   C.   Infrastructure Improvement; Job Tracking Reports: Any commercial entity attempting to access an infrastructure improvement funded by the community development block grant "EDIF" must first agree in writing to provide job tracking data. The data collected will be held "confidential" and for a period of time ending one year after the physical completion of the infrastructure improvement or as required by the Oklahoma department of commerce. Physical completion will be determined by the date of the final inspection performed by the engineer or inspector of the construction contract associated to the community development block grant funds. (Ord. 1048, 11-14-2006; amd. Ord. 1081, 4-8-2008, eff. 5-8-2008)
17-1-5: AUTHORITY TO ESTABLISH OR MODIFY FEES:
   The city council, by ordinance or resolution, shall have the power to establish or modify rates and charges governing all aspects of city utility services. This shall include, but not be limited to, monthly service charges, deposits, connection, reconnection, transfer, tampering and cleaning fees, insufficient check charges, and any other fees associated with the operation of city utilities. (Ord. 1048, 11-14-2006)
17-1-6: LEASING OF ALL UTILITY SYSTEMS AND PROPERTIES:
   The city hereby consents and agrees to the leasing of all the city's proprietary, revenue producing utility properties, systems and facilities; and also those certain public recreational facilities located upon the following described real property situated in Seminole County, state of Oklahoma:
   The northeast quarter of the southwest quarter (NE/4 SW/4) and the northwest quarter of the southwest quarter (NW/4 SW/4) and the southeast quarter of the northwest quarter (SE/4 NW/4);
and a tract described as beginning at the southeast corner of the southwest quarter of the northwest quarter (SW/4 NW/4); thence north four hundred (400) feet; thence west two hundred sixty two and eight tenths (262.8) feet; thence south four hundred (400) feet; thence east two hundred sixty two and eight tenths (262.8) feet to the point of beginning, containing 2.43 acres more or less;
and a tract described as beginning at the northeast corner of the southwest quarter of the southwest quarter (SW/4 SW/4); thence west two hundred forty four (244) feet to the center line of road; thence southwest along road one hundred five (105) feet; thence east two hundred twenty six and five tenths (226.5) feet; thence north one hundred (100) feet to the point of beginning containing .52 acres more or less;
   The west nine hundred ninety (990) feet of the northwest quarter of the southeast quarter (NW/4 SE/4);
all in section twenty two (22), township nine north (T9N), range six east (R6E), Seminole County, Oklahoma
   Together with all and singular appurtenances and hereditaments thereto appertaining and belonging, including (without limitation by reason of express mention) all buildings and improvements now or hereafter located thereon and all fixtures now or hereafter existing thereto, together with any and all additions, enlargements, extensions and improvements thereto acquired by the city during the life of the lease for a primary term of fifty (50) years, renewable for successive like terms, to the trustees of the Seminole public works authority (a public trust of which the city is the beneficiary), with such lease to become effective as of one minute past twelve o'clock (12:01) A.M. on the day following the effective date of ordinance 520, adopted May 15, 1973; and the mayor of the city hereby is authorized and directed to execute the aforesaid lease upon behalf of the city as lessor, in several multiple originals, and after the same shall have been attested by the city clerk, to deliver such lease to the trustees of the aforesaid authority. (2000 Code § 17-106)
17-1-7: SOLE PROVIDER SYSTEM FOR AMBULANCE SERVICE TRANSPORTS:
   Seminole fire department, DBA Medicus, the emergency medical service operated under the Seminole medical authority, shall henceforth constitute a sole provider system for ambulance service transports. It shall be unlawful for any person to engage in the business of ambulance service transports within the city unless and until such person is licensed therefor or has a contract therefor as an authorized representative of the city, or has the direct consent or permission of the mayor and city council. The provisions of this section shall not be construed or applied to limit the operation of any emergency medical service district established and operating pursuant to the Oklahoma constitution section 9C of article X. Additionally, all types of patient transports enumerated under 63 Oklahoma Statutes section 1-2515, subsection F, shall be exempt from this section. (Ord. 1144, 4-10-2012)