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Home My WebLink About07593 ORD - 06/02/1965B w:6 /1/65 r AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 38 -6, UNDER ARTICLE 11, "RULES AND REGULATIONS GENERALLY FOR PUBLIC UTILITIES DEPARTMENT ", AS AMENDED, BY AMENDING SUB - PARAGRAPH ENTITLED "RATES GENERALLY" SO AS TO PROVIDE THAT THE RATE AS CHANGED BY THE REGULATORY OR GOVERNMENTAL BODY SHALL APPLY TO THE CUSTOMER'S SERVICE UNDER HIS EXIST- ING CONTRACT; AMENDING SUB - PARAGRAPH ENTITLED "OPTIONAL RATES" UNDER SECTION 38 -6 SO AS TO DELETE THE PROVISION WHEREBY THE CUSTOMER MAY NOT EXERCISE THE OPTION TO CHANGE TO ANOTHER AVAILABLE RATE WITHIN THE NEXT SUCCEED- ING TWELVE MONTHS PERIOD UNLESS THERE IS SUBSTANTIAL CHANGE OF HIS OPERATIONS AND THE SERVICE USED BY HIM; AMENDING SUB - PARAGRAPH ENTITLED "SECURITY FOR THE PAY- MENT OF BILLS AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER" UNDER SECTION 38 -6 SO AS TO ELIMINATE THE PRO- VISION REQUIRING CUSTOMERS TO PLACE ADDITIONAL DEPOSITS WITH THE CITY WHEN MOVING ELSEWHERE IN THE CITY; REPEAL - ING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.' THAT THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY AMENDING SECTION 38 -6 OF ARTICLE II, "RULES AND REGULATIONS GENERALLY FOR PUBLIC UTILITIES DEPARTMENT, BY AMENDING SUB- PARAGRAPH ENTITLED "RATES GENERALLY" TO HEREAFTER READ AS FOLLOWS: "SE CT I ON' 38 -6. "RATES GENERALLY. THE RATE SCHEDULE SHALL BE ON FILE IN THE PUBLIC UTILITIES OFFICE OF THE CITY, AND COPIES MAY BE OBTAINED BY THE CUSTOMER ON REQUEST. THE CITY'S RATES WILL BE APPLIED IN ACCORDANCE WITH AND SUBJECT TO THE LIMITATIONS AS SET OUT IN EACH RATE SCHEDULE. "ALL RATES ARE SUBJECT TO CHANGE BY ANY REGULATORY OR GOVERN- MENTAL BODY HAVING THE LEGAL RIGHT TO DO SO AND WHENEVER THE RATE UNDER WHICH A CUSTOMER IS BEING SERVED IS CHANGED BY THE CITY OR ANY REGULATORY BODY, THE RATE AS CHANGED WILL BE APPLIED TO THE CUSTOMER'S SERVICE UNDER HIS EXISTING CONTRACT." SECTION 2. THAT SECTION 38 -6 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY AMENDING THE THIRD PARAGRAPH UNDER SUB- PARAGRAPH ENTITLED "OPTIONAL RATES" TO HEREAFTER READ AS FOLLOWS: 7593 IIA CUSTOMER, HAVING SELECTED OR AGREED TO A RATES WILL NOT BE ENTITLED TO A DIFFERENT RATE AVAILABLE FOR HIS SERVICE UNLESS AND UNTIL HE REQUESTS IT IN WRITING." SECTION 3. THAT SECTION 38 -6 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY AMENDING SUB- PARAGRAPH ENTITLED "SECURITY FOR PAYMENT OF BILLS AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER" SO AS TO ELIMINATE THE PROVISION REQUIRING CUSTOMERS TO PLACE ADDITIONAL DEPOSITS WITH THE CITY WHEN MOVING ELSE- WHERE IN THE CITY, SAID SUB— PARAGRAPH TO HEREAFTER READ AS FOLLOWS: BISECTION 38 -6. SECURITY FOR THE PAYMENT OF BILLS AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER. THE CUSTOMER SHALL, UPON REQUEST BY THE CITY, DEPOSIT WITH THE CITY AS SECURITY FOR THE PAYMENT OF BILLS OWING AND TO BECOME OWING AND, WITHOUT LIMITATION BY SUCH STATEMENT, AS SECURITY ALSO FOR THE PERFORMANCE OF ALL OTHER OBLIGATIONS OF THE CUSTOMER, A SUM OF MONEY EQUAL TO TWO AVERAGE MONTHLY BILLS FOR SERVICE FURNISHED, OR TO BE FURNISHED AS ESTIMATED BY THE CITY. IN CASE THE CUSTOMERS BILLS FOR ANY TWO CONSECUTIVE MONTHLY BILLING PERIODS OF NORMAL OPERATION ACTUALLY PROVE TO EXCEED APPRECIABLY THE AMOUNT OF THE DEPOSITS THE CITY MAY, AT ITS OPTION, REQUIRE THE CUSTOMER TO DEPOSIT AN ADDITIONAL AMOUNT OF MONEY SUFFICIENT TO MAKE THE TOTAL AMOUNT ON DEPOSIT WITH CITY EQUAL TO THE AMOUNT OF BILLS FOR THE TWO CONSECUTIVE MONTHS AND THE CUSTOMER AGREES IN SUCH CASE TO DEPOSIT WITH CITY SUCH ADDITIONAL AMOUNT OF MONEY. IN NO CASE WILL THE DEPOSIT FOR ANY ONE SERVICE BE LESS THAN SEVEN DOLLARS AND FIFTY CENTS PER METER, EXCEPT THAT IN THE CASE OF CUSTOMERS WHOSE ACCOUNTS HAVE BEEN PURCHASED OR TRANSFERRED FROM OTHER UTILITY COMPANIES OR GOVERNMENTAL ORGANIZATIONS, NO ADDITIONAL DEPOSIT WILL BE REQUIRED AS LONG AS THE CUSTOMER HAS UNINTERRUPTED SERVICE WITH THE CITY AND THE ACCOUNT IS KEPT CURRENT. THE DEPOSIT NEED NOT BE APPLIED AGAINST DELIN- QUENT ACCOUNT UNTIL A FINAL BILL IS RENDERED TO THE CUSTOMER, AND THE EXISTENCE OF A DEPOSIT SHALL NOT RELIEVE THE CUSTOMER OF ANY OF THE -2- s. CHARGES PROVIDED IN THIS CODE FOR PERFORMING PROCEDURES IN CONNECTION WITH DELINQUENT ACCOUNTS, DISCONNECTIONS, RECONNECTIONS, DAMAGES TO PROPERTY OR OTHER CHARGES WHICH MAY BE MADE AGAINST THE CUSTOMER IN ACCORDANCE WITH RULES AND REGULATIONS OF THE DEPARTMENT OF PUBLIC UTILITIES OF THE CITY, OR ORDINANCES OF THE CITY. SECTION 4. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUB- DIVISION,CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULA- TIONS RELATE. SECTION 5. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE AND ARE HEREBY REPEALED. SECTION 6. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLICA- TION OF THE CITY OF CORPUS CHRISTI, ONE TIME, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBST'A'NCE THE PURPOSE OF THE ORDINANCE. SECTION 7. THE NECESSITY TO MAKE THE HEREINABOVE AMENDMENTS AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY 50 ORDAINED, THIS THE r�l DAY OF JUNE, 1965. ATTEST: "/, VO i MAYOR �. THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRET R APPROVED AS TO LEGAL FORM THIS DAY OF JUNE, 1965: CITY ATTORNEY k, 3 CORPUS CHRISTI, TEXAS l— DAY OF TO THE MEMBERS OF THE CITY COUNCIL �. CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH AIN THE EMERGENCY CLAUSE OF THE FOaRE- GOING ORDINANCES A PUBLIC EMERGENCY ND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY:REQUEST THAT YOU SUSPEND SAID CHARTER RULE } OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- , DUCED; OR AT THE PRESENT MEETING OF THE CITY COUNCIL. .. r RESPECTFULLY, MAYO' R THE CITY OF CORPUS CHRISTI] TEXAS- r THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE' DR. MCIVER FURMAN JACK BLACKMON , PATRICK J. DUNNE • , :R DR. P. JIMENEZ, JR. KEN MCDANIEL* RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO DR. MCIVER FURMAN k JACK BLACKMON r \ PATRICK J. DUNNE DR. P. JIMENEZ, JR. •. r KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE Y PUBLISHER'S AFFIDAVIT - STATE OF TEXAS, lss: r County of Nueces. Before g Public, this day personally came . ............................... eland - -G.- _Barnes me, the undersigned, whobetnofi first duly sworn, according to law, says that he is the . Ti 07.ass.ifiecl.Ativerhl,g�,X�.- Manager.. of the Corpus Christi Caller and The Corpus Christi mes, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of AT_ 7L�n'i__»IT� P.s & f`orfpii6Yc utilities dept-- - was published in The Imes--------------- - - ---- of which the annexed is a true copy, _ on the 7.... day of.... J??lle .............. ........... .19..x? --..-.....-............-.- .................... Times. -- - ° .. ... ............... ((riU�- -..... Q.. - - -- -- na ger $ .........._4 •:3�.._... -....: , Cam. s . ied dyer � ..._Jun . ls....65 Subscribed and sworn to before me this...._tz of. ,. Louise Viak y Texas Public, Nueces Count , �i . NOTICE F PASSAGE OF pry ORD,, I ANCE NO. 7597 AMENDING CORPUS AMENDED ITY,COOE, 1958, AS - T10N $-e, 6 DAMENDING 5EC -' RULES UN ER ARTICLE "' GENERµLYNFQR PUBLIC UTILS ITIES" Z1E'A iTT ENT;• PARAG {{AA AMENOEO, BV gMEN01AGSl1B5 ,.RATES RA`PH ENTITL 4ENERALLY.1 50 AS S PROVIDE THAT THE RE U. RATE -S CHANGED BY THE 'ATORV OR GOVERNMENTgL BODY SHALL APPLY TO THE iUSTOMER'S SERyICE UNDER MENOEN6Si5Ue - CO NTRACi; :NTITLEO "OPTIONALR RgTESH �NOER SECTION 3Bd 50 AS — ELETF