ORD 619 01/13/2004 ORDINANCE NO.
AN ORDINANCE AUTHORIZING AN
AGREEMENT BETWEEN THE CITY OF
CIBOLO AND GREEN VALLEY SPECIAL
UTILITY DISTRICT FOR COLLECTION OF
PAST DUE UTILITY BILLS AND
DISCONNECTION OF SERVICES
WHEREAS, the City of Cibolo (hereinafter the City) provides solid waste disposal and sewer
service to certain of Green Valley Special Utility District customers; and
WHEREAS, Green Valley Special Utility District (hereinafter Green Valley) provides water
services to certain City residents that receive the City's sewer and solid waste disposal service;
and
WHEREAS,both the City and Green Valley desire to enter into this agreement in order to assist
each other in the collection of utility bills for services provided to these customers; and
WHEREAS, Texas Local Government Code Chapter 402 provide for agreements between
political subdivisions for the collection of past due utility or solid waste disposal fees; and
WHEREAS, Texas Local Government Code Chapter 791 provides for interlocal agreements
between governmental entities.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF
CIBOLO AND RESOLVED BY THE BOARD OF TRUSTEES FOR THE GREEN
VALLEY SPECIAL UTILITY DISTRICT THAT:
AGREEMENT
I. Definitions
1. Utility and utility service shall include water service provided by Green Valley and sewer
service and solid waste disposal service provided by the City.
2. Delinquent customer shall mean a user of the City and Green Valley's utility services who
has failed to pay any charge associated with the provision of utilities including but not
limited to payment for services, the connection, reconnection or disconnection of utility
service,the assessment of late fees, and the assessment of a cooperative service charge.
3. Cooperative service charge shall mean the amount charged by one party to this agreement
to a delinquent utility customer for the collection and remitter of past due utility charges
owed to and on behalf of the other party to this agreement. Each party to this agreement may
establish its own cooperative service charge.
II. Green Valley's Responsibilities:
If a City utility customer becomes delinquent in the payment of City utility charges,the City may
request that Green Valley discontinue its water service to the delinquent customer as follows:
1. The City shall request discontinuation of service and notify Green Valley of the total
amount Green Valley shall collect in overdue utility charges, late fees, City reconnection
fees, or any other fees owed to the City. As soon as practicable after notification, Green
Valley shall notify the delinquent customer that as a result of this agreement with the City
and because of the past due amounts owed to the City for either sewer service or solid
waste disposal service or both, Green Valley will discontinue that customer's water
service.
2. The notice to the delinquent customer shall be provided by certified mail or hand delivery
and shall contain a statement that the customer shall, within 20 days from the date of the
notice, pay the past due City utility charges, late fees, City reconnection fees, and
cooperative service charge established by Green Valley, if any.
3. If the delinquent customer fails to pay the amount indicated with the prescribed time,
Green Valley shall deliver a second notice to the delinquent customer containing a
statement that Green Valley will discontinue water service within three working days of
the second notice.
4. Each notice will include the name and phone number of a contact person at Green Valley
with whom payment may be arranged.
5. If Green Valley collects from a delinquent customer the past due amount, Green Valley
shall remit to the City the past due utility charges, late fee, and City reconnection fees.
Green Valley shall be entitled to the cooperative service charge it bills the delinquent
customer.
6. If Green Valley collects less than the total amount of the delinquent customer's overdue
amounts as indicated by the City's notification, Green Valley may apply this payment to
its cooperative service charge, and remit the remainder, if any, to the City. Green Valley
shall continue to withhold water service from the delinquent customer until the City
notifies Green Valley that the City has received the total amount of the overdue utility
charges, late fees and City reconnection fees.
7. Upon notice from the City to Green Valley of the City's receipt of full payment of a
delinquent customer's overdue utility charges, late fees, City reconnection fees, and any
other charge owed to City, Green Valley may reestablish water service to the customer.
This provision shall not prevent Green Valley from requiring the customer's payment of
the cooperative service charge, Green Valley reconnection fees, or any other charge owed
to Green Valley,prior to reestablishing water service to the delinquent customer.
III. The City's Responsibilities:
If a Green Valley utility customer becomes delinquent in the payment of Green Valley utility
charges, Green Valley may request that the City discontinue its sewer and solid waste disposal
service to the delinquent customer as follows:
1. Green Valley shall request discontinuation of service and notify the City of the total
amount the City shall collect in overdue utility charges, late fees, Green Valley
reconnection fees, or any other fees owed to Green Valley. As soon as practicable after
notification, the City shall notify the delinquent customer that as a result of this
agreement with Green Valley and because of the past due amounts owed to Green Valley
for water service,the City will discontinue that customer's sewer and solid waste disposal
service.
2. The notice to the delinquent customer shall be provided by certified mail or hand delivery
and shall contain a statement that the customer shall, within 20 days from the date of the
notice, pay the past due Green Valley utility charges, late fees, Green Valley
reconnection fees, and cooperative service charge established by the City, if any.
3. If the delinquent customer fails to pay the amount indicated with the prescribed time, the
City shall deliver a second notice to the delinquent customer containing a statement that
the City will discontinue sewer and solid waste disposal service within three working
days of the second notice.
4. Each notice will include the name and phone number of a contact person at the City with
whom payment may be arranged.
5. If the City collects from a delinquent customer the past due amount, the City shall remit
to Green Valley the past due utility charges, late fee, and Green Valley reconnection fees.
The City shall be entitled to the cooperative service charge it bills the delinquent
customer.
6. If the City collects less than the total amount of the delinquent customer's overdue
amounts as indicated by Green Valley's notification, the City may apply this payment to
its cooperative service charge, and remit the remainder, if any, to Green Valley. The City
shall continue to withhold sewer and solid waste disposal service from the delinquent
customer until the Green Valley notifies the City that the Green Valley has received the
total amount of the overdue utility charges,late fees and Green Valley reconnection fees.
7. Upon notice from the Green Valley to the City of Green Valley's receipt of full payment
of a delinquent customer's overdue utility charges, late fees, Green Valley reconnection
fees, and any other charge owed to Green Valley, the City may reestablish sewer and
solid waste disposal service to the customer. This provision shall not prevent the City
from requiring the customer's payment of the cooperative service charge, City
reconnection fees, or any other charge owed to the City, prior to reestablishing sewer and
solid waste disposal service to the delinquent customer.
IV.Liens
Any notice delivered to a delinquent customer shall include a statement that Texas Local
Government Code Chapter 402.0025 allows a municipality to place a lien against an owner's
property for delinquent bills of municipal utility services to the property, that said lien shall be
perfected by recording in the real property records of the county in which the property is located
along with a notice of lien containing a legal description of the property and the utility's account
number for the delinquent charges, and that said lien may include penalties, interest, and
collection costs.
V. Confidentiality
To the fullest extent allowed by law, neither party to this agreement may release the account
information of either party's customers to any person or entity not a party to this agreement in
accordance with Texas Local Government Code §402.910 (c) (1).
Said Ordinance passed and approved this )J day of ;fin, nuny_, 2004.
/ J /
Mayor
City of Cibolo
Said Resolution approving said Ordinance passed and approved this day of
, 2004.
Chair,Board of Trustees
Green Valley Special Utility District