Violation of Meter Reading Frequency - Amended

To see if this 43-day billing cycle was just a one-time occurrence, it was necessary to review past billing cycles.  Polk City Utilities started recording the meter reading dates on their bills on June, 2009.  Prior to that date, the bills just showed the first and last date of the month as the coverage of the meter reading period.  Since June, 2009, there have been 3 instances where the meter readings extended over the 31 days of the month.  The first time was on the October, 2009 bill when the previous reading was on 8/27/09 and the next reading was on 10/05/09, thus covering a 39 day period on that bill.  There was no meter reading in December, 2009, and the January, 2010 bill reflected a reading from 11/25/09 to 1/05/10, creating a 41-day billing cycle.  The most recent extended billing cycle was with our last bill with a reading on 10/26/10 and on 12/07/10, covering a 42-day span.  During these three billing cycles, all residents paid a higher utility bill, not only caused by the extended usage period, but more importantly, due to them being bumped into the higher usage bracket.

Here is a complete listing of the reading dates since the city started posting them on their bills:
          4/29/09 - 6/02/09  = 34 days                              3/02/10 - 3/31/10 = 30 days
          6/02/09 - 6/29/09 = 27 days                               3/31/10 - 4/29/10 = 30 days
          6/29/09 - 7/29/09 = 30 days                               4/29/10 - 5/26/10 = 27 days
          7/29/09 - 8/27/09 = 29 days                               5/26/10 - 6/29/10 = 34 days
          8/27/09 - 10/05/09 = 39 days                             6/29/10 - 7/28/10 = 29 days
          10/05/09 - 11/03/09 = 29 days                           7/28/10 - 8/26/10 = 29 days
          11/03/09 - 11/25/09 = 22 days                           8/26/10 - 9/28/10 = 32 days
          11/25/09 - 1/05/10 =  41 days                            9/28/10- 10/26/10 = 28 days
          1/05/10 - 2/02/10 = 27 days                               10/26/10 - 12/07/10 = 42 days
          2/02/10 - 3/02/10 = 28 days        

Polk City's financial state drastically deteriorated during 2009 when it became apparent that over $531,000 in overdue impact fees from 2007 & 2008 were never paid to the County, and these funds were misappropriated.  There seems to be a direct correlation between the financial distress level of the city, these "extended billing cycles" and the penalty phase of the utility bills.  During the month of October, the county sends out the Advalorem Tax Bills to all the property owners, which are payable beginning with the month of November.  Polk City does not receive it's portion of this revenue from the county until the 15th of the following month after these bills are paid. 

  Prior to and including the bills dated 02/10/2009,  one month grace period was extended to the utility customers to pay their bills in full without a $5.00 late penalty being added.  On the back of the bill it states:    "In accordance with Ordinance 1140:  A late fee will be assessed to all accounts not paid in full by the 10th of the month.  (Sec. 74-257)  Delinquent accounts are subject to a reconnect fee and may be disconnected without notice."

On the next month's bill dated 3/10/2009, only 15 days are allowed before the $5.00 late fee is added.  But the notice on the back of the bill continues to refer to the same Ordinance 1140, with a late fee being assessed to all accounts not paid in full by the 10th of the month.  Someone must have brought this to their attention, and finally on the utility bill dated 4/10/2009, the notice on the back of the bill quotes a new "Ordinance 1246:  A late fee will be assessed to all accounts not paid in full by 2PM on the 25th of the month.  (sec. 74-257)  Delinquent accounts subject to disconnection will be charged a service charge/nonpayment fee of $50  and will be disconnected without notice.  This fee applies to the account prior to the disconnection of the utility service.  (Sec. 74-261)  In all cases where water has been disconnected, a reconnect fee of $50 will apply.  (Sec. 74-255)  Monthly bills must be paid in full by the due date to avoid disconnection of service and/or service charges."

This new change in due dates has also created a heavy burden on all the residents on fixed incomes and receiving Social Security checks who need to budget their income.  The February 10, 2009 utility bill was the last bill that allowed 30 days for payment in full without a penalty, by March 10, 2009.  Then the March 10, 2009 bill arrives and that bill had a due date of March 25th, allowing only 15 days before a $5.00 penalty is enforced.  That created a "double payment" cycle during that month for the Seniors and others on fixed incomes, and many faced late fees and disconnection fees during that time.  This new due date was never properly advertised in advance, so residents could prepare for this drastic change. 

Obviously the city has been getting creative and sneaky for quite some time in generating extra revenue that they are not entitled to, and possibly breaking the law by doing so.