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HomeMy WebLinkAbout10835 ORD - 05/03/1972JRR:JKH :5-2 -72; 1ST TEXAS: AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES TO ENTER INTO COLLECTION AGREEMENTS WITH OTHER PUBLIC UTILITY COMPANIES OR CORPORATIONS AND TO ENTER INTO COLLECTION AGREEMENTS WITH LOCAL MERCHANTS FOR THE COLLECTION OF CITY UTILITY BILLS, ALL AS MORE FULLY SET FORTH IN THE STANDARD COLLECTION AGREEMENT FORMS, A COPY OF EACH OF THE SAID AGREEMENTS BEING ATTACHED HERETO, MARKED EXHIBITS "A" AND "B "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE DIRECTOR OF PUBLIC UTILITIES BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO COLLECTION AGREEMENTS WITH OTHER PUBLIC UTILITY COMPANIES OR CORPORATIONS AND TO ENTER INTO COLLECTION AGREEMENTS WITH LOCAL MERCHANTS FOR THE COLLECTION OF CITY UTILITY BILLS, ALL AS MORE FULLY SET FORTH IN THE STANDARD COLLECTION AGREEMENT FORMS, A COPY OF EACH OF THE AFORESAID AGREEMENTS BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B ". SECTION 2. THE NECESSITY TO AUTHORIZE THE DIRECTOR OF PUBLIC UTILITIES TO EXECUTE THE AFORESAID AGREEMENTS FOR THE PURPOSE OF COLLECTING UTILITY PAYMENTS FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE 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, IT IS ACCORDINGLY SO ORDAINED, THIS'THE�,6k.D�/ DAY OF MAY, 1972. ATTEST: 6 � o r CI Y SECRE APPROVED: 3, i0i THE CITY OF CORP S RISTI, TEXAS 4-7,, jf'$/X/.{, CITY�ATTO NEY 10835 COLLECTING AGREEMWNT THIS MEMORANDUM OF AGREEMENT this day made and entered into by and between hereinafter referred to as and CITY OF CORPUS CHRISTI UTILITY OFFICE, PAY STATION referred to as "CONTRACTOR ". W I T N E S S E T H: 1. For the consideration hereinafter set out, Contractor agrees to collect, at his place of business at and transmit to amounts owed to the in connection with its,business.and operations in the area of Corpus Christi, Texas. Contractor agrees to perform such work promptly and in a good and workmanlike manner and as an independent contractor. 2. hereby agrees to pay Contractor monthly during the term of this agreement the sum of: 3. Any equipment, such as rubber stamps and stub boxes, furnished by will at all times remain the property of the to,be returned to it by Contractor upon the termination of this agreement in as good condition as when received, ordinary wear and tear excepted. 4. This agreement cancels and supersedes all prior agreements with respect to the matters contained herein and shall continue in force and effect for a term of six (6) months from date hereof and thereafter from month to month until terminated by either party giving to the other party thirty (30) days written notice of such termination. EXECUTED THIS day of , By. Sy. "CONTRACTOR" 11 THIS MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS a A Municipal Corporation, hereinafter referred to as "CITY" and DBA Hereinafter referred to as "AGENT" W I T N E S S E T H: 1. City hereby appoints Agent as its limited Agent for the sole purpose of accepting, at the store of Agent located at , Corpus Christi, Texas, and doing business as , payment of bills owed to City for water, gas, sewer and garbage service, such appointment to become effective the day of , 19_, and to continue until terminated as herein provided. Agent hereby accepts said appointment, and in consideration thereof and of the compensation to be paid, as hereinafter set out, agrees to faithfully perform his duties as such limited Agent, in accordance with the rules and instruction issued by City for the operation of such limited agencies, known as "PAY STATION ". Contemporaneously with the executing of this agreement, Agent has received a copy of such rules and instructions and he agrees to familiarize himself and comply fully and exactly with the same. Such rules and instructions may be changed at any time by the City, and Agent agrees that upon being furnished with a copy showing such changes, he will immediately familiarize himself and thereafter comply fully and exactly therewith. 2. As compensation for the faithful performance of his duties as such Agent, City hereby agrees to pay Agent on the following basis: Payment of this fee will be made by City on or about the tenth of each month following that month in which collections were made. 3. The equipment necessary for•the performance by Agent of his duties hereunder, as set out in the rules and regulations mentioned above, will be furnished by City and the same will at all times remain the property of City, to be returned to it by Agent upon the termination of this agreement in as good condition as when received, ordinary wear and tear excepted. I 4. City agrees to provide any insurance coverage made necessary by this agreement and operations hereunder and to pay all premiums incident thereto. 5. Agent agrees to furnish to City, upon execution of this agreement, a surety bond in the amount of One Thousand Dollars ($1,000.00), to guarantee the proper handling of funds collected for City by said Agent, said bond to be approved by the City Attorney. 6. This agreement may be terminated immediately by City upon a breach of Agent of any of the terms and conditions hereof, or failure of Agent to comply fully with the rules and instructions hereinabove referred to. Said agreement may further be- terminated by either party without cause by giving the other thirty (30) days written notice of such termination. It is further agreed that should the Agent named herein move from the address and location hereinabove set out that such removal shall automatically terminate this agreement. In the event of any termination of this agreement, Agent agrees that he will notify all persons offering to make payment of his lack of authority to receive such payments and will refrain from accepting any payment as Agent of the City. CITY OF CORPUS CHRISTI By Director of Public Utilities "CITY" "AGENT" 11 a� CITY OF CORPUS CHRISTI, TEXAS RULES AND REGULATIONS FOR LIMITED AGENTS OPERATING PAY STATIONS The following rules and instructions are issued by CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as "CITY ", for the guidance of limited Agents, hereinafter referred to as "AGENTS", operating what are known as "PAY STATIONS." Agents shall familiarize - themselves thoroughly with these rules and comply fully and exactly .with them. Any changes or revisions in such rule (and they are sub- ject to change at my time by City), will be furnished td Agents, - -'and as soon as so furnished, Agents will comply fully with all such revisions and changes. City will arrange to properly notify all customers in the territiory of each Agent that water, gas, sewer, and garbage service bills may be paid at Agent's store, and will furnish to Agent all the equipment nece- ssary for the operation of this station, consisting of: One "PAID" Stamp - One Bank Endorsement Stamp One Ink Pad and Ink Supply of Collection Reports, and All other necessary equipment Agents are authorized to accept payments only upon presenta tion of current bills, and payments must be in the exact amount due as shown on bills. In the event a customer desires to make payment without presentation of bill or to make a partial payment, or to pay an arrears, he must be referred to City's downtown office, as Agents have no authority to accept such payments. It is the intention of City to make the procedure for accepting and accounting for money received in the 'payment of bills as simple as pos- sible. This procedure is summarized as follows: CASH BOX City's cash receipts must be kept separate from Agent's in a cash box. The advantage of this is that it is a --- -check against the amount of stubs taken in. An overage in cash might indicate that a stub had been lost or mislaid and could possibly be found after searching for it. In the event of an _overage, the cash must be remitted to us indicating on Collection Report "CASH OVER" and showing amount. A record of the overage will be made on our books and if at a later date it developes that a customer who has not been credited with payment holds a - "'PAID" receipt the matter can be satisfactorily adjusted without embarrassment to anyone. The usual precautions should be taken in accepting cash. Only checks or money orders drawn in favor of City are to be accepted, provided they are in the exact amount of the bill to — be paid. As a means of identifying the check with the customers account, Agent should write the account number on the bottom of the check to the left of the signature. If more than one account is paid by check, write the account number of all accounts paid. The reason for this is that checks sometimes are returned by the bank and since it is not required that each check be signed by the person in whose name the account is carried, the reference to the account number is necessary to enable the City to contact the right customer. Agents should see that all checks bear the current date, are properly prepared and made payable to the City. -CASHIER's STUB BOX Each bill has attached to it a "CASHIER'S .STUB ", which Agents shall receipt at the same time as the customer's bill, detach it therfrom and keep in the Stub Box. Maintaining the record of collections in a separate box from the cash box practically assures that the stubs will not be molested and at the .same time provides a course of date which under circumstances must be furnished the Insurance Company. PAID STAMP As stated above, Agents are not to accept any -partial payment, take orders for service or receive complaints. Neither can they accept payment unless the customer brings his latest bill with him. Such customers must be referred to City's downtown office. After the exact amount of the bill is paid, either in currency or bycheck, Agents will receipt the bill and Cashier's Stub. Agents must be sure to retain the Cashier's portion of every bill, and also make sure that the date is changed on the "PAID" stamp each morning. REPORT OF COLLECTIONS Each day the Agent will compile a report showing the account number and amount of each collection made during the day. The Cashier's Stubs supporting each of these collections should then be securely attached to the report and together with the _. _.Agent's check and customer's checks covering the total amount collected and mailed in a self- addressed envelope furnished by the City to reach the Utilities Office no later that 8:00 a.m. the following day. Attached to the report of Collections should be an adding machine tape of the stubs, a tape of the checks and a tape of the report which should balance with the total. This envelope, upon receipt of the Utilities Office, will - -be checked and reconciled by the cashier. Agent's report will then be recaipted and returned to him by mail. __ The report-of _collections should be made out in triplicate. The original and duplicate should be placed in the envelope for -mailing with funds to the City's Utilities Office. The triplicate copy should be retained by Agents for ready reference until the original, properly receipted by the Cashier, has been returned, then it can be destroyed if desired. • Problems may arise that are not covered specifically by these instructions. In the event this occurs, or should Agents have any -doubts or questions about the payment of.handling of any particular —b ill;- they -must`call the'-Public-Utilities Commercial Office located-­ -----in the Utilities-Building, and specific instructions will'-be given to cover any individual case. CORPUS 11CHRISTI, TEXAS 2// DAY, OF , �9 /lZ Lf TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND'PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECT LLY, D a MAYOR . 4 THE CITY OF CORPU Sr TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE 512EMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SIZEMORE a.44& �� . CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES ' GABE LOZANO, SR. J. HOWARD STARK