Extracted text (via pymupdf)
46666 characters
RESOLUTION NO. 12469
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA, ARIZONA
DECLARING AS A PUBLIC RECORD
PROPOSED TITLES AND SCHEDULES OF TERMS AND CONDITIONS
FOR CITY-OWNED UTILITIES
BE IT RESOLVED by the City Council of the City of Mesa, Maricopa County, State of Arizona, as
follows:
Section 1: That the following Titles and Schedules of Terms and Conditions for the Sale of City-Owned
Utilities, true and correct copies of which are attached hereto and incorporated herein by reference, are
declared to be public records pursuant to A.R.S. §9-801, et seq., three copies of which shall be filed in the
Office of the City Clerk and kept available for public use and inspection.
TITLE & SCHEDULE
Terms & Conditions for the Sale of Utilities
Additions to the text in the attachments are shown in bold, and underline: Abc
Deletions to the text in the attachments are shown in strike-outs: Abc
PASSED AND ADOPTED by the City Council of the City of Mesa, Arizona, this 26th day of January,
2026.
APPROVED
Mayor
ATTEST:
City Clerk
1
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Effective 02/01/25TBD
Ordinance No. 5903TBD
Supersedes Schedule Effective 09/01/1502/01/25
TERMS AND CONDITIONS FOR THE SALE OF UTILITIES
The following terms and conditions (“Terms and Conditions”) apply to the provision of utility services by the City and
shall be considered a part of the City of Mesa's (“City”) Rate Schedules.
1.
Service Rendered Under Special Agreement:
Utility services will be supplied in accordance with these Terms and Conditions and such applicable rates as
may from time to time be adopted by Ordinance by the City Council. However, in the case of Customers
whose service requirements are of unusual size or characteristics, special rate agreements may be required
and authorized by the City Council. Any individual who receives City owned utility service and requires
life support equipment at their residential premises may provide written notice of such need to the City
(“Life Support Customers”). The City will manage associated accounts in accordance with its Life Support
Customer Policy and these Terms and Conditions.
2.
Continuity of Service:
The City will use reasonable diligence to supply steady and continuous service, but does not guarantee the
service against fluctuations or interruptions. The City will not be liable to the Customer for any damages
occasioned by fluctuations or interruptions, or by failure to begin supplying service. The City may, without
incurring any liability therefore, suspend service for periods reasonably necessary to accomplish repairs to or
changes in any of the City's facilities.
3.
Service and Main Connections and Charges:
A.
In order to receive water or wastewater service, each parcel of real property must be served from a
separate service connection from a public main line designated to serve the appropriate water zone.
Additionally, each parcel must meet one of the following requirements:
1.
Right of Way Frontage. The parcel must have frontage on dedicated public right- of-way,
directly adjacent to the parcel.
2.
Dedicated Private Street. The parcel must have frontage on a directly adjacent dedicated
private street that is a minimum of twenty-four (24) feet in width. Additionally, such private
street must meet all requirements of the City, including but not limited to, a public utilities
and facilities easement.
3.
Common Parcel. The parcel receiving service must be directly adjacent to a parcel which is at
least twenty (20) feet wide and owned by a property owner’s association. In addition, such
common parcel must meet the requirements of 1 or 2 above. All water and wastewater lines to
the parcel receiving service shall be located on the common parcel and privately owned and
maintained. Water meters must not be located within the common parcel.
B.
In order to receive water or wastewater service, each parcel must have frontage meeting the minimum
widths required by the applicable zoning classification.
C.
In order to receive residential solid waste and recycling service, each parcel of real property must
have an individual location for at least two barrels on a public right of way, or a dedicated private
street meeting the requirements set forth in Section 3(A)(2) herein, with a minimum of eighteen (18)
inches of separation between barrels.
D.
In order to receive water or wastewater service, all real property must be in compliance with all applicable
regulations, standards, and requirements established by the City, including but not limited to compliance with
the Zoning Code, Building Codes, Fire Code, and the street, utility improvement and other requirements in 9-8-
3 of the Mesa City Code (M.C.C.).
2
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 2 –
E. No group of structures may be served by one (1) meter unless situated on the same parcel of real
property, under one (1) ownership.
F. The owner or developer of a parcel requesting utility service will be responsible for extending the
public main line(s) to bring the utility adjacent to, and along all appropriate frontages of, the parcel.
G. No sale or transfer of service from one real property ownership to another shall be permitted. In the
event that any real property with utility service is subdivided and any portion of that real property is
subsequently sold to another party, a public main extension and/or meter relocation will be required as
necessary to make service directly adjacent to each new lot so created.
H. All water, gas and electric meters installed and connected to City systems will be those specified and
supplied by the City. Charges for installing new services and meters will be in accordance with the
current Utility Service Fee Schedule. Meter maintenance and replacement scheduling shall be at the City’s
sole discretion. Meters shall be owned by the City unless otherwise specified by City in writing.
I.
The following criteria are required for water meter installations:
1. Water piping on Customer side must coincide with the requested meter size for a minimum
distance of 48 inches, after which such piping may transition to alternative sizes and/or materials.
2. Installation of proper-sized water meter box in accordance with the City’s engineering and design
standards.
3. Meter installation site is marked with the Identification for Water Meter Card.
4. Sites not properly prepared at the time of request are subject to Trip Charges. See Utility Service
Fee Schedule.
J.
All applicable development impact fees shall be paid in accordance with Chapter 17 of Title 5.
K. Buy-ins for the right to use certain utility main lines will be in accordance with the private line agreement
on file with the City or as determined by the City for a specific utility main.
L.
All monies must normally be paid at the time service is requested.
M. All real property located outside Mesa's corporate limits must be annexed into the City's corporate
limits before connecting to and receiving water and/or wastewater service from the City, except those
Customers that satisfy all the requirements of Section 23 may be provided such service subject to
compliance with these Terms and Conditions.
4.
Access To Customer Premises:
A. As a condition of service, authorized representatives of the City must be given access at all reasonable
hours to the Customer's premises for the purpose of meter reading, connection and disconnection of
service as well as operating and maintaining the City's facilities up to the point of delivery.
B. The Customer, at his or her expense, will provide at no cost to the City a license or an easement in a form
acceptable to the City, as needed for the purpose of constructing and maintaining the City's service
facilities required on the Customer's premises up to the point of delivery.
C. The City, may (or may cause its contractor to) trim vegetation or remove any obstruction on Customer’s
premise when a condition may limit access or present a hazard to the continuity of service or safety as
determined by City. Customer must provide reasonable access to those personnel trimming vegetation and
failure to do so may result in termination of service. The City shall not be responsible for any damage to
landscaping, vegetation, walls or fencing, or finishes or other incidental losses as a result of vegetation
clearing. Customers may also be required to remove obstructions at their own cost and expense to maintain
service.
3
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 3 –
5.
Authority To Connect or Disconnect Service:
A.
The City will not install and maintain any lines and equipment on the Customer's side of the point of
delivery.
B.
For the mutual protection of the Customer and the City, only authorized employees of the City are
permitted to connect or disconnect service.
C.
Where new services are to be connected, a satisfactory final inspection by the City Development and
Sustainability Department or other authorized jurisdiction will normally be required prior to turning on the
gas or electrical service. Development and Sustainability Department permits and/or inspections may
be required for the resetting of a gas meter that had been previously removed from a property.
D.
All connections of gas service require the presence of a responsible party 18 years of age or older at the
property for completion of the safety inspection. Additional trip charges to property will be applicable.
E.
All Life Support Customers will be contacted in person or via posting at the premises on the date of
disconnect and provided an additional twenty-four (24) hours to make alternate arrangements or to pay the
required amount owing prior to service termination.
6.
Termination of Service:
A.
In addition to applicable conditions and/or circumstances established in other sections of these Terms
and Conditions, the City may disconnect service to any Customer when necessary for the Utility to
comply with an order of any Governmental Agency having such jurisdiction.
B.
Upon notice that a Customer-of-record is deceased, the City will disconnect all services. A notice of
disconnection will be mailed to “all residents of” the subject service location. This notice will explain
that new account must be opened in the name of another resident at the service location within thirty
(30) calendar days. A new deposit will be required except in the case where the new Customer of record
is the surviving spouse.
7.
Metering Provisions:
A.
The Customer will provide, in accordance with the City's current service standards and free of expense to
the City, a sufficient and proper space in an approved location for the installation of the meter.
B.
The readings of the City's meter will be conclusive as to the amount of consumption used by the
Customer, unless upon test, the City's meter is found to be in error by more than three percent (3%). If
a meter is found in error by more than three percent (3%), the City will compute the consumption based
on the error percentage and/or applicable history.
C.
If the Customer requests an accuracy test and the meter proves to be not more than three percent
(3%) in error, a service charge to cover the vehicle expense, driving time and labor expense for meter
exchange and testing will be made by the City in accordance with the current Utility Service Fee
Schedule.
8.
Cooling Tower/Subtractive Metering:
For a commercial Customer with cooling towers, the City may allow the Customer to have influent and
effluent meters installed to properly meter the amount of water discharged to the wastewater system. The
Customer shall be responsible for all costs associated with the purchase and installation of City approved
meters and must provide City approved ground level meter readout devices in an approved location.
Construction plans must be approved by the applicable City departments before any purchase of the meters
and their installation can proceed.
4
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 4 –
9.
Grounds for Termination or Refusal of Service:
The City may refuse to connect or reconnect or may terminate City utility services if any of the following
conditions exist:
A. Applicant has an outstanding amount due with the City for utility services or any other delinquent
City account and is unwilling to make acceptable arrangements with the City for payment.
B. A condition exists which in the City’s judgment is unsafe or hazardous.
C. Applicant has failed to meet the security deposit requirements set forth by the City.
D. Applicant is receiving service in violation of the City’s Rate Schedules.
E. Applicant fails to furnish such funds, service, equipment, licenses, easements and/or rights-of-way required
to serve Applicant and which have been specified by the City as a condition for providing service.
F. Applicant falsifies his or her identity for the purpose of obtaining service.
G. Service is requested by an Applicant and a prior Customer living with the Applicant owes a delinquent
utility bill.
H. Applicant is acting as an agent for a prior Customer who is deriving benefits of the service and who
owes a delinquent utility bill.
I.
Applicant has failed to obtain all required permits and/or inspections indicating that Applicant's facilities
comply with local construction and safety codes.
J.
Applicant or anyone residing at the premises has an outstanding debt with any City department.
K. Applicant otherwise is not in compliance with these Terms and Conditions.
10.
Residential Establishment of Credit or Security Deposit:
A. Residential Customers are required to place a deposit.
B. The City may waive the security deposit from a new applicant for residential service if the applicant is
able to meet any of the following requirements and has no other delinquent City accounts.
1.
Applicant has had service of a comparable nature with the City within the past twenty- four
(24) months and was not delinquent in payment more than twice during the last twelve (12)
consecutive months or disconnected for non-payment.
2.
Applicant authorizes the City to obtain a consumer credit report from a third-party
consumer credit reporting agency chosen by the City and applicant’s credit score provided by
the credit reporting agency is satisfactory to the City. An applicant requesting the City obtain
a credit history is required to pay a fee in accordance with the City’s utility service fee schedule
to offset the City’s cost of obtaining the credit report.
11.
Nonresidential Establishment of Security Deposit:
All nonresidential customers may be required to:
A. Place a cash deposit to secure payment of bills for City services as prescribed herein.
B. Provide a non-cash security deposit in the form of a Surety Bond in an amount equal to the required
security deposit.
5
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 5 –
12.
Re-establishment of Security Deposit:
A. Residential Service. The City may require a residential Customer to establish or re-establish a security
deposit if Customer becomes delinquent in the payment of more than two (2) bills within a twelve (12)
consecutive month period or has been disconnected for non-payment during the last twelve (12) months
or when the Customer’s financial condition may jeopardize the payment of their bill, as determined by a
credit scoring service or other objective criteria.
B. Nonresidential Service. The City may require a nonresidential Customer to establish or re-establish a
security deposit if the Customer becomes delinquent in the payment of more than two (2) bills within a
twelve (12) consecutive month period or if the Customer has been disconnected for non-payment
during the last twelve (12) months, or when the Customer's financial condition may jeopardize the
payment of their bill, as determined by a credit scoring service or other objective criteria.
13.
Security Deposits:
A. The City reserves the right to increase security deposit amounts applicable to the services being
provided by the City if the Customer becomes delinquent in the payment of more than two (2) bills
within a twelve (12) consecutive month period or has been disconnected for non-payment during the last
twelve (12) months:
B. Separate security deposits are required for each service location.
C. Customer security deposits shall not preclude the City from terminating service or suspending service for
any failure in the performance of Customer’s obligation under the Terms and Conditions.
D. Deposits (cash and non-cash) are applied to the final bill when all services become inactive. Customers-
of-record subject to the provisions of Mesa City Code Title 5, Chapter 10 shall next have the deposit
balance applied to any City accounts receivable balances that arise from Mesa privilege, use, or transient
occupancy tax liabilities. Deposits shall also not be refunded unless and until the Customer-of-record
files all delinquent privilege, use, or transient occupancy tax returns. Any remainder shall next be applied
to set-off other delinquent City accounts before the balance is refunded to the Customer-of-record. Any
remaining amounts shall be refunded to the Customer.
A check will be issued for all refunds and mailed to the address on file.
E. Subject to the provisions in Section 13(D), deposits on file with the City, upon request, will be
reviewed after twenty-four (24) consecutive months of service for residential accounts and thirty-six
(36) consecutive months of service for nonresidential accounts. Accounts will be credited the amount of
the security deposit on file with the City provided the Customer has not been delinquent more than twice
in such review periods.
F. Nonresidential security deposits shall be set at two and one-half (2-1/2) times the service address’ maximum
monthly billing within the preceding twelve (12) month period as determined by the City for the service
being provided by the City or two and one-half (2-1/2) times the maximum monthly billing for a comparable
business if the current history for the service address is not for a similar type of business.
G. For residential dwelling units with individual service meters, the security deposits shall be in accordance
with the current Utility Service Fee Schedule unless applicant’s past service history warrants an additional
amount. In which case the security deposit shall not exceed two and one- half (2 ½) times the
maximum monthly billing based on the most recent historic usage for the service address.
H. The City has the right to suspend utility services to enforce payment of utility bills, collection charges,
service charges, meter test charges, or security deposit amounts.
I.
Security Deposits may be increased for those Customers whose services have been disconnected for non-
payment.
6
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 6 –
14.
Billing and Terms:
A. The City will read meters or calculate meter readings and bill Customers at regular intervals, normally
every twenty-six (26) to thirty-four (34) calendar days. At its sole discretion, the City may change the
frequency of meter reading.
B. Services billed for periods outside of the twenty-six (26) to thirty-four (34) calendar day range are
subject to pro-ration of minimum charges based on a standard thirty (30) day billing cycle.
C. The City may compute, re-compute or adjust bills for Customer accounts based on a reasonable usage
estimate made by the City if any of the following conditions apply:
1. The meter fails to accurately register;
2. The meter reader is unable to obtain a meter reading because of locked gates, safety concerns,
inclement weather, or other deterrent;
3. Service is temporarily supplied without a meter; or
4. A contrivance has been used to circumvent the accurate registration of metering devices.
D. When an error is found to exist in the billing rendered to Customer, or if service is discovered in use at the
property that had not previously been charged to the Customer, the City will correct such error to recover
or, subject to the City account set-off provisions in Section 13(D), refund the difference between the
original billing and the correct billing. Such adjusted billings will not be rendered for periods in excess
of thirty-six (36) months from the date the error is discovered. Any refunds to Customer resulting from
adjusted billings will be made promptly upon discovery by the City. Under billings by the City shall be
billed to Customer who shall, upon Customer’s request, be given an equal length of time, such as number
of months under billed, to pay the back bill on a level installment basis without late fee penalties, unless
there is evidence of meter tampering or theft. This payment arrangement will become null and void if
payments are not received by each bill’s stated due date; normal collection procedures and late fees will
then apply.
E. The City is not responsible for any increased usage that results from problems on the Customer side of the
point of delivery (metering device).
F. Customers must notify the City immediately of a lost, stolen or damaged solid waste barrel and the need
for a repair or replacement. Adjustments shall not be given for barrels that are unusable, have not been at
the service address, or have not been properly reported by the Customer.
G. When a Customer is responsible to report a unit count for billing purposes and fails to timely provide an
accurate count, the unit count shall be estimated or the driver count shall be used to bill for the month.
Thereafter, the City will only make account adjustments if the Customer provides an accurate report prior
to the start of the next billing cycle.
H. Wastewater Fee Adjustment forms are available annually to residential Customers who use a large
percentage of their domestic water usage for landscaping purposes or who experienced a leak during the
months of December through March. Data provided by the Customer will be used to determine the
eligibility for a reduction in monthly wastewater charges. Wastewater charges are re-evaluated each
April based on the average water consumption used during the months of December, January, February
and March. Forms must be submitted to the City annually.
I.
Any failure of the City to render a complete monthly bill shall not be a waiver of the City’s right to
payment for services supplied by the City.
J.
Customer Select Due Date (“CSDD”):
Subject to availability, eligible residential Customers may select the date in the month, within City
guidelines, that their utility bill is due. The requesting account must have a zero balance at the time of
CSDD activation. The Customer must pay the bill by the due date to remain on the program.
7
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 7 –
K. SurePay (Automatic Payment Option):
The Customer may authorize the City to electronically withdraw the amount of the monthly bill for City
services directly from a specified checking or savings account. The City may discontinue the
Customer’s participation in this option upon the second occurrence of the Customer’s payments being
returned by their financial institution for any reason during the period of the current and immediately
preceding eleven (11) Billing Periods. The requesting account must have a zero balance at the time of
SurePay activation.
L. Budget Payment Plan (“BPP”):
Subject to availability, all eligible residential Customers may have the City equalize their monthly
charges over a twelve (12) month period for utility services provided by the City. The requesting account
must have a zero balance at the time of BPP activation. The account must stay current to remain in
BPP.
1. The City will not offer a BPP to Direct Access Customers. Customers who have a managed
payment billing plan at the time of their switch to Direct Access Service will be removed from
such plan, and must pay any accumulated charges in full. The City will refund any
accumulated credit to the Customer after generation of the final Standing Offer Service Bill.
M.
Available Service Activation:
1. Where service is available, residential Solid Waste and Wastewater service charges will be
assessed when the domestic water meter at the property is active and in use per the applicable City
of Mesa Rate Schedule.
2. Residential solid waste and recycling service, where available, will be billed in association with
water and wastewater services on all commercial and multi-use dwellings as outlined in the
applicable City of Mesa Rate Schedule.
15.
Utility Service, Collection, and/or Late Fee Charges:
A. All utility service, collection and late fee charges shall be in accordance with the current Utility
Service Fee Schedule.
B. A utility administrative fee will be assessed to establish a utility account. In addition, all applicable
service connection charges will be assessed for each metered service activated.
C. A late fee will be assessed to all accounts with an amount owing in arrears one (1) day after the due
date. An amount more than one (1) billing cycle past due shall be subject to additional late fees.
D. If a non-payment disconnection notice must subsequently be produced and mailed, an additional
charge will be billed to defray the cost of producing and mailing this notice.
E. In the event that a utility field representative must be dispatched to a service address, a trip charge will be
assessed to defray the cost of each field trip.
F. Should it become necessary to reconnect utility service that has been disconnected due to non- payment,
normal administrative and service connection charges will apply.
G. If disconnection is necessary to enforce payment, disconnection charges may be assessed including
but not limited to disconnection related costs, fees, and expenses.
F.H. If collection actions or services are necessary to enforce payment, collection charges may be assessed
including but not limited to collection related costs, fees, and expenses.
G.I. Should it become necessary to remove a meter or regulator, or to disconnect service to enforce payment,
additional service charges will be made, including charges for damages to utility meters, meter locking
devices or any other City owned property.
8
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 8 –
H.J. City and State Transaction Privilege tax will be assessed on all charges as applicable.
16.
Change to Optional Rate Schedule:
A. Where optional Rate Schedules are available, only one change requested by the Customer-of-record
will be allowed in any twelve (12) month period.
17.
Payment of Utility Bills:
A. Utility bills shall be rendered monthly, are payable upon presentation and are past due after the due
date.
B. The City reserves the right to suspend or terminate any or all of the Customer's services for non-
payment of bills past due or for utility payment items (checks, credit cards, etc.) returned or rejected by a
financial institution unpaid. Payment for reconnection or repayment of returned items must be paid with
guaranteed funds (cash, debit or credit card) and will be effective upon receipt of the full balance due to the
City of Mesa.
C. If a Customer has been notified of a pending disconnection, or has been disconnected, and the payment
to maintain continuity of service, or to reinstate service following disconnection is returned or rejected
by a financial institution, the City reserves the right to disconnect service without further notice.
D. A lien for unpaid utility account balances and the cost of preparing, processing and releasing a lien
may be placed on the property, lot or tract of land to which service was rendered, or any other real
property currently owned by the Customer, or any real property that may become owned by the Customer
subsequent to termination of their account.
E. At the City’s option, any person, other than the Customer-of-record, specifically including, but not
limited to, the property owner, who benefited from the utility services provided by the City may be
held responsible for payments.
F. Any overpayment made on a utility account that results in a credit to the utility account shall be
available to set-off City account receivable balances in conformity with Section 13(D).
18.
Collection of Accounts:
A. A Customer whose account has been terminated will be issued a final bill, which must be paid in full upon
presentation. If a final bill becomes delinquent, the City may use any legal means available to collect
the amount due. The Customer will be responsible for paying all costs and expenses incurred by the City
to collect the amount due.
B. An unpaid utility account balance may be transferred to another City utility account with the same
Customer or any other person(s) who benefited from the utility service.
C. The City may apply any Customer's privilege, use, or transient occupancy tax credit or refund or any
other City account credit or refund to the utility account in order to satisfy any unpaid utility debt
before the Customer receives such credit or refund.
19.
Payment and Billing Disputes:
A. The Customer should notify Mesa Customer Information and Billing Operations of discrepancies in the
City's billing for services provided by the City. The City will not consider the amount in dispute for
collection action until the City has verified that the bill was correct, provided the Customer notifies the
City of the claim before the amount becomes delinquent and pays all other undisputed amounts billed
by the City. The City will provide the results of its verification determination within thirty (30) days of the
dispute.
B. A Customer dissatisfied with the City’s determination may, within thirty (30) days, appeal the decision
9
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 9 –
in writing to the City’s Utility Billing Systems Administrator.
C. If a Customer has a dispute with a City bill that has not been satisfactorily resolved by the Utility Billing
Systems Administrator within thirty (30) days, a written complaint may be submitted within twenty (20)
days to the Business Services Director for further review. The Business Services Director shall respond
to the Customer within twenty (20) days of the receipt of the Customer’s complaint. The timeline for
response may be extended by agreement of the Customer and the City.
D. If the complaint is not resolved by the Business Services Director’s action, the Customer may submit the
complaint within twenty (20) calendar days of the response to the City Manager. The City Manager
or designee shall issue a written decision to the Customer within twenty (20) calendar days of receipt by
the City Manager. The timeline for response may be extended by agreement of the Customer and the City
Manager or designee.
E. Decisions of the City Manager or designee regarding a dispute with the City’s charges may be appealed
to the City Council or designated City Council Committee but if not appealed within twenty (20) days,
the decision will serve as the City’s ultimate determination of the dispute; however, if appealed, the City
Council or designated City Council Committee’s decision will be the City’s ultimate determination of the
dispute.
20.
Unauthorized Use of Utilities:
A. Unauthorized use of utilities shall mean:
1. The taking of a utility service, (1) by turning the service on without authority, (2) by bypassing
a meter, connecting directly into the service or a hydrant without a meter, (3) willfully modifying
the meter or service apparatus so as to cause loss or reduction of registration, (4) obtaining
service via another City Customer’s service, (5) unauthorized connection to wastewater services,
or (6) without otherwise complying with these Terms and Conditions.
2. For an Interruptible Gas Service Customer, the taking of gas on any day in excess of the
maximum daily contract quantity specified in the gas service contract between the City and the
Customer.
3. For any gas Customer subjected to curtailment during a curtailment period, the taking of gas in
excess of a daily variable entitlement specified by the City and based upon the Customer's
priority class (see the City of Mesa's Curtailment Ordinance) and the curtailment imposed
upon the City by its general gas transportation supplier, El Paso Natural Gas Company.
4. For any Customer with a maximum monthly quantity specified in the gas service contract
between the City and the Customer, the taking of gas in any billing period in excess of the
maximum monthly quantity.
B. If unauthorized use of a utility occurs, the City shall charge:
1. Residential Customers for an estimated usage according to the applicable Rate Schedule plus a
service charge for each connection in accordance with the current Utility Service Fee Schedule.
2. Nonresidential, multi-family and construction Customer accounts for an estimated usage
according to applicable rates plus a service charge in accordance with the current Utility Service
Fee Schedule for each connection. Subsequent fees paid for the appropriate required meters may
be subtracted from the service charge.
3. Customers found to have unauthorized connections are subject to criminal prosecution, paying
all damages, and/or paying charges found in the current Utility Service Fee Schedule.
4. City and State Transaction Privilege Tax will be assessed on all charges as applicable.
10
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 10 –
21.
High Pressure Gas Service:
Gas is normally supplied by the City from a main or service regulator normally operating at a pressure
equivalent to seven inches of water column. Where, in the City's opinion, gas is available at high pressure, it
will be supplied subject to the following provisions:
A. Such higher delivery pressure shall be agreed upon by the City and the Customer, and supplied within the
range of accuracy provided by a standard service regulator.
B. For billing purposes, the volume of gas registered in cubic feet by the meter at a pressure in excess of
seven inches of water column shall be corrected to a basis of four ounces (0.25 pounds) per square inch
above an assumed atmospheric pressure of 14.12 pounds per square inch, or 14.37 pounds per square
inch absolute pressure; the City reserves the right to correct gas deliveries to a temperature standard of
60° F., and to apply deviation factors for super-compressibility.
22.
Landlord Agreements:
A landlord agreement is defined herein as an agreement between the City and a qualified landlord which
allows for the automatic continuation of service in the landlord’s name when a tenant requests disconnection
of service. A qualified landlord is a rental property owner that has established a satisfactory credit status of
no more than two (2) delinquent utility payments per year or has a utility deposit on-hand with the City of
Mesa Utility Customer Accounts Section.
A. The landlord agreement shall not apply when a tenant is disconnected for non-payment of utilities.
B. Disputes regarding effective dates of service shall be resolved between the tenant and the landlord.
C. The utility administrative fee may be waived for landlord agreement Customers in which the City is
the retail supplier of the account’s electric, gas or water service, whichever service is Applicable to the
account being activated, when that service under the landlord agreement automatically reverts to the
landlord’s account, but shall apply when a new tenant requests service at that location.
D. The landlord agreement may be terminated by the landlord or the City at any time with thirty (30) days’
written notice.
23.
Parcels Outside the Municipal Limits, Annexation Exceptions.
A. Parcels of real property located outside Mesa’s corporate limits requesting water or wastewater service
may be provided such service if (i) the real property complies with all City ordinances, regulations,
standards, and other requirements as if it were located within the City’s corporate limits, including but not
limited to compliance with the Zoning Code, Building Codes, Fire Code, and the street, utility improvement
and other requirements in M.C.C. 9-8-3; and (ii) the owner of the property enters into a Utility Services
Agreement wherein the owner agrees to comply with these Terms and Conditions and waives all rights
under A.R.S. § 9-500.34, and further agrees that if such waiver is found to be unenforceable, the City will
have no obligation (under the Agreement or otherwise) to provide water or wastewater service.
B. Where one parcel of real property located outside of Mesa’s corporate limits requesting water or
wastewater service is being developed or used for a detached single residence (as defined in the City of
Mesa Zoning Ordinance 11-86-2, but with the exclusion of manufactured homes, manufactured home
parks, and recreational vehicles), that parcel may be provided water or wastewater service if (i) the real
property complies with all City ordinances, regulations, standards, and other requirements as if it were
located within the City’s corporate limits, including but not limited to compliance with the Zoning Code,
Building Codes, Fire Code, and the street, utility improvement and other requirements in M.C.C. 9-8-3,
except as such compliance may be deferred under subsections 1 through 4 below; and (ii) the owner of
the property enters into a Utility Services Agreement wherein the owner agrees to comply with these
Terms and Conditions and waives all rights under A.R.S. § 9-500.34, and further agrees that if such waiver
is found to be unenforceable, the City will have no obligation (under the Agreement or otherwise) to
11
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 11 –
provide water or wastewater service. Certain compliance requirements of 23(B)(i) above may be deferred
as follows:
1. Those requirements in Mesa City Code Sections 9-8-3(E), (G), and (H) for public improvements
for streets, alleys, sidewalks, wastewater lines, fire hydrants, irrigation lines and ditches, storm
drainage, streetlights, traffic control devices, street name signs, and survey monuments may be
deferred until the property owner seeks to have the property annexed into the City of Mesa;
provided, however, the deferral of requirements in this sub-section 1 shall not apply to M.C.C. 9-8-
3(H)(4) regarding water lines or to wastewater lines if the property owner seeks wastewater service.
All City-owned lines shall be designed, installed, constructed, and inspected in compliance with the
Mesa City Code and standards, and there is no deferral of any requirements for City-owned lines.
2. If the property does not comply with the requirements in the International Fire Code—as adopted
and amended by the M.C.C. Title 7, Chapter 2—in Section 503 “Fire Apparatus Access Roads,”
Section 508 “Fire Protection Water Supplies,” Appendix B “Fire-Flow Requirements for
Buildings,” and Appendix C “Fire Hydrant Locations and Distribution” (or equivalent code section
and/or appendices if the code edition format has been modified), the property owner has the
alternative to defer these requirements until the property owner seeks to have the property annexed
into the City of Mesa so long as prior to receiving service the property owner installs a National
Fire Protection Association (NFPA) fire sprinkler system. The fire sprinkler system must comply
with the NFPA 13D standard in effect at the time the service is provided with installation in all areas
of the residence and no omissions permitted; provided, however, the City of Mesa Building Official
may make reasonable modifications to allow omissions to the NFPA 13D standard.
3. The requirements described in sub-sections 1 and 2 above (the “Deferred Requirements”) will only
be deferred until the property owner seeks annexation. Prior to annexation, the property owner must
construct, install, and complete the Deferred Requirements. Additionally, if the Water Resources
Director determines that the deferral of all or a portion of the Deferred Requirements would
adversely affect water quality or service, those Deferred Requirements that would have such an
affect will not be deferred and are required prior to receiving service.
4. The property owner must further agree in the Utility Services Agreement to complete the Deferred
Requirements prior to seeking annexation, as well as such other terms as are required by the City.
C. In addition to the requirements set forth above, the Utility Service F ee shall be paid for each parcel
connecting. The owner shall also be responsible for payment of all applicable water and wastewater
development impact fees and applicable connection and meter fees and charges under City Rate and Fee
Schedules.
24.
Modifications:
A. Where an individualized assessment reveals the existence of special conditions involving topography, land
ownership, adjacent development, parcel configuration, or other factors relating to the impact the
development will have on the need for public improvements associated with the proposed development,
the City Manager or designee may reduce, defer, or approve alternatives to the requirements in Sections
3(D) and 3(F), of these Terms and Conditions for the Sale of Utilities, based upon a finding that such
conditions or factors exist and that the requirements would substantially impair existing uses or the ability
for development; provided, however, the requirement in Section 3(F) for the parcel requesting service to
extend the public main line(s) adjacent to the parcel may not be modified or eliminated. The determination
of the City Manager, or his designee, hereunder may be appealed to the City Council committee that is
designated by the City to hear such appeals, and such committee’s determination may be appealed to the
City Council. All appeals must include a written notice of appeal that contains an explanation of why the
appellant feels that the determination was in error. The written notice of appeal must be filed with the City
Clerk within thirty (30) days after the determination for which the appeal is being filed. The determination
of the City Council shall be final.
B. In order to promote the interests of the City, the City Council may modify, eliminate or approve
alternatives from the requirements of Section 3 of the Terms and Conditions for the Sale of Utilities for
12
City of Mesa
Mesa, Arizona
Terms and Conditions for the Sale of Utilities
Page – 12 –
an individual parcel of real property. Any such decision shall be at the discretion of the City Council and
shall be made only upon a recommendation from the designated City Council Committee to allow such
modifications, eliminations or alternatives. An approved modification may be contingent upon the
applicant entering into a Utility Service Agreement.
C.
Parcels of real property that are developed as new or converted commercial or residential
condominiums, as defined in A.R.S. § 33-1202, may be excepted from some or all of the requirements
of Sections 3(A), 3(C) or 3(E) by the City Engineer as follows:
1.
A group of structures or parcels may be served by one (1) meter and service connection when the
real property under ownership by multiple parties is governed by a Homeowner’s Association or
a Unit Owners Association; or
2.
A group of structures or parcels may be served by more than one (1) meter when the main
lines are located in public utility easements or public utility facility easements.
25.
Violation; Penalty:
Among other penalties that may apply, any person that violates any provision of this Ordinance shall be
guilty of a misdemeanor. Upon conviction, individuals shall be punished by a fine not to exceed $2,500, or by
imprisonment for a period not to exceed six (6) months, or by such fine and imprisonment. Upon
conviction, businesses shall be punished by a fine not to exceed $20,000. Each instance of violation continued
shall be a separate offense, punishable as described above.
26.
Confidentiality:
Customer-specific information shall not be released without specific prior written Customer authorization
unless the information is reasonably required for legitimate account collection activities or credit analysis
activities or when such information aids in providing safe and reliable service to the Customer or unless
otherwise provided by court order or law.
27.
Mesa Agreements with Water Utility Providers:
The City of Mesa Water Resources Department may enter into agreements to provide water and
wastewater utility services (including, but not limited to, transportation and treatment agreements) to
governmental entities and other regulated utility providers (collectively “Water Utility
Providers”). Payments received from Water Utility Providers under these agreements for services
provided by the City of Mesa are not to be included in “gross revenues” and are not subject to transfer
to the City’s general fund under the provisions of Mesa City Code 3-3-4(D).
13