HomeMy WebLinkAbout11009 ORD - 08/02/1972•/��l •.1.....1,1.x./ -l.'. L,Lllu
AN ORDIIZ9NCE'' `
�x i 0AMENDING ME COR.USkCHRxISTI CITY CODE } w.
CORPUS 1958, AS APIENDED,
BY REPEALING THE PRESENT SECTION +38 -6'OF *ARTICLE II, RULES
# AND REGULATIONS GENERA;LY FOR PUBLIC UTILITIES DEPARTMENT
'v 'AND ADOPTING A NEW SECTION 38 -6 AS HEREINAF-'ER PROVIDED;
< PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND
DECLAKING t q EHhC.ENCY.
BE IT ,ORDAINED BY THE COUNCIL OF THE CITY OF CORPUS CHRISTI,
dE
TEXAS S. g
SECTION 1. That Section *38 -6 of Article II, RULES AA °D "REGUI.ATIO*ISe
GENERALLY FOR PUBLIC UTILITIES DEPpRTDSENT, % "
as amended be and the same is
hereby amended by repealing the said}Sec *_ion 38 -6, and in lieufthereof adopt- <
ing a new Section 33 -6 to hereafter read as, follows:
"Section 38 -6. Adoption.v + x
The4rules and regulations hereinafter t
provided shall be followed
by the Department of Public Utilities of the City, and there is hereby
adopted the following rules and regulations for the operation of the Depart -;
' ment'of Public Utilities:
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YA. De artment Includes All Services.
Unless otherwise`specified,
all provisions in this Chapter shall a pply
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to all utilities including water,
gas, Sewage and garbage collection, i
B' ApPlicatiOn or Contract for Service. All applications for serv- d
ice, shall be made on the City's standard application or contract form, and
shall be s=
-gned by the customer who shall be either the owner or person
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entitled to possession of the premises, legally liable for payment, and t"
accepted by the City before service will be supplied by'the Cit
Y•t Govern-
mental Agencies may provide their own applilcation form or use the Cit %`
standard application 4 yl9
pr contract form; as the
• � y prefer.
C. Ratestes Generally. ^Tlie rate schedule shall be on file in the
Public Utilities Office of „the City, t `
Y and copies ,may be obtained by thex
customer -on request.”
The City's rates will be applied,i%jccordance with an- d sub'ect`to
the limitations as set out in each rate ',schedule. • J
All rates are subject tochn a bY'
, a g y#any regulatory or governmental
body having the legal right to do so and whenever the rate under which a
t MICROFILMED AUG 3 0 1973
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customer is being served is changed by the City or any regulatory body, the
ratelas changed will be applied to "the cust
2 omer's service 'Under his existing
contract.
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D. _Optional Rates. When more than one rate is available, the condi-
tions and circumstances under which each of such rates cis available shall be
explained in the published rate schedules, and the selection of a rate from
those available lies with ands is the responsibility of the customer. 4'
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The City shall, at the request of the customer, advise with and
8 explain to the customer the conditions under which each rate is available
and its application to the service requirements of the customer, but the City
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hall not be responsible for any failure of the Icustomer-to select the rate
x which will continue to be the lowest or most favorable to the customer *, and .1
shall not be responsible for the customer being served under the most favor-
able rate at all times. .In no case shall the City make refunds due to the
difference between the amount of charges under a rate selected or agreed
upon by a customer and the amount the charges would have been under any other
available rate.
A customer, having selected or agreed to a rate, will not be entitled
to a different rate available for his service unless and until'he requests,it
in writing.
E. Monthly Bills. Bills for service will -be rendered monthly'unless
otherwise specified. The term "monthly" £ b
' for billing s �
. g pur'oses shall mean the �
period between any two consecutive readings of the meters by the City, such
readings to be taken as near as practicable every,thirty days. '
Monthly bills are due when rendered and are payable, unless other-
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wise specified, on or before the date shown on the face of the bill. Bills
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- not paid by this date are in default and service shall'bepdiscontinued for
such default, after *notice, in writing, to the customer, such ,notice to be
sent by U. S. mail to the address shown on the customer's application.
Failure to receive a bill in no w ay 'exempts a customer from payment
of bills or the provisions of these terms and conditions. `
When the City is unable to read a meter after reasonable effort,
due to a condition created by the customer or custodian of the premises,
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the customer will be billed at,the average of the last three previous monthly
bills and the billing adjusted'when the meter is read. l- }
F. v Security for the Payment of bill and performance of other oblina-
tions 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 customer's bills for any two consecutive monthly billing
periods of normal operation actually prove to exceed appreciably the amount
of the deposit, the City may, at its option, require the customer to deposit
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an additional amount of money sufficient to make the total on deposit with
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City equal to the amount of bills for the two consecutive months, and the
customer agrees in such case to deposit with.the.City such additional "amount
of money. In no case will the desposit for any one service be less than
Seven and 50 /100 ($7.50) Dollars per meter, except that in the case of cus-
tomers 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 delinquent account
until a final bill is rendered to the customer, and the existence of a deposit
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shall not relieve the customer of any of the charges provided in this Code for
performing procedures in connection with delinquent accounts, disconnections,
reconnections damages to °
g 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.
G. Metering and Testing of Meters. The customer shall provide at
a point on his premises, to be mutually agreed upon, a suitable location for
the installation of meters and such other equipment as City may deem neces-
sary to enable it to deliver water and gas under this chapter and shall
property protect the City's property on the customer's premises and permit
no one to inspect or tamper with the City's installation apparatus and
equipment, except the City's agents and persons authorized by law to do so.
All bills shall be calculated upon the registration of such meters.
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Should any meter fail to register, the water or gas delivered
during the period' of failure shall for billing purposes be estimated at
the average of the last three previous monthly bills, calculated when the
meter was in order.
The City with or without request of the customer may inspect and
test meters and whenever any test shall show a meter to be registering in
error exceeding four per cent (47), such meter shall be adjusted within the
limits of error so specified and whenever the meters are so adjusted, the
readings thereof shall be corrected, and payments be made accordingly. No
corrections shall be made, as to any bill rendered by the City, unless re-
quested before the expiration of the calendar month next succeeding the
month in which such readings were made.
H. Maintenance of metering equipment on customer's premises and
responsibility for injuries and damage therefrom. The customer shall maintain
the premises in full compliance with all laws and local ordinances and the
rules and regulations of the City effective at any time during the term of
this agreement. The duly authorized agents of the City shall have free access
at all reasonable hours to the premises of the customer for the purpose of
inspecting installations and equipment, removing the property, reading meters
and for other purposes incident to the performance of this agreement. The +
City does not, however, assume any duty of inspecting the customer's plumbing,
apparatus, machinery or equipment, "and will not be responsible therefor, and
it is particularly understood that the customer assumes full responsibility
for water and gas furnished to him at any location beyrnd the point. of delivery,
described as being the point where the water and gas first leaves the.meter
K ' and enters the line provided or owned by the customer, and agrees to protect
and hold harmless the City from all claims for injuries and damages to persons
and property occuring upon the premises of the customer, except where it is
shown that the negligence of,the City or its agents were the sole proximate
cause of such injury or damage.
I. Limitation of Liability of City for Injuries and Damages. The
City will not be responsible or liable for injuries or damages caused by or
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resulting from failure to furnish service of the kind and amount contracted
for or injuries and damages resulting from the performance or nonperformance
of any acts or things by the City required of it or in anywise connected with
the furnishing of service by City, unless it be shown that the negligence of
the City or its agents were the sole proximate cause of the injury or damage
complained of.
J. Agents Cannot Modify Agreements. No agent or employee of the
City has the authority to amend, modify, alter or waive any of these terms
and conditions, or to bind the City by making any promises or representations
not contained herein.
K. City's Standard Application or Contract Form. The City's stand -
and application or contract form shall be as follows:
The applicant whose signature appears hereon applies to the City
Public Utilities Department, for the service, or services indicated, to be
supplied at the address herein described, and, upon request, at any other
local address to which he may move.
The applicant agrees to pay for such services as bills are rendered
therefor in accordance with the rates, rules and regulations as provided in
the Charter or by ordinances, or by the terms and conditions as set forth by
the Director of Public Utilities, and approved by the City Manager, a copy
of which may be obtained from the Public Utilities Office, and is on file
with the City Secretary, as now existing or as may hereafter be enacted and
in effect at the time of delivery.
The applicant further agrees to release and discharge the City from
any liability for damages suffered: (1) By reason of water or gas or sewer
service furnished to the premises; (2) By reason of interruption discontin-
uance, or disconnection of service hereunder from any cause other than negli-
gence by the City; or (3) By reason of the condition, maintenance, location
or systems located on or adjoining the property supplied, and by which such
service are furnished or delivered.
The applicant acknowledges that he is the owner or person entitled
to possession of the premises, legally liable for payment for services.
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The standard application or contract form provided for above shall
be printed on the back of the service order card for the customer's signature.
Or printed in such form as approved by the City Manager.
In the event service has been discontinued by the City on a certain
property and service is then turned on without authorization by the City, the
record owner of the property involved shall stand good for any water and /or
gas metered during the period such water and /or gas is converted.
L. Eilli.nr and Pa,ment. Any payment on any bill less than the total
may be applied by the City Utility Billing Office to the total bill or to any
portion thereof at the option of the City.
M. Deposit on Discontinued Service. Where any service has been
discontinued or interrupted for a period of twenty four (24) months the deposit
if not redeemed by the customer shall be, as to any part not applied to charges
or fees, transferred to the . Water Systems - Revenue Fund of the City in
compensation for accounting costs of carrying an inactive account.
Rule 1. Access to premises supplied with water. The Superintendent
of Waterworks and other employees in the Waterworks shall have free access, at
all reasonable hours of the day, to all parts of any premises to which water
is supplied.
Rule 2. Charges for Utility Services. If the meter for any utility -
service gets out of order and fails to register, the consumer will be charged
at the average daily consumption as shown by the meter when in order.
Rule 3. When any customer of the City Department of Public Utilities
purchases any article from the City or in indebted for any appliance, connec-
tion or service anywhere in the City and the said indebtedness or any install-
ment thereof is delinquent, the services of said customer may be disconnected
at the location of the article or appliance and not reconnected until all
delinquencies including penalties and reconnection charges have been paid and
the account restored to a current nondelinquent status.
SECTION 2. If for any reason'any section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent jurisdiction
it shall not affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance, for it is the definite intent of this
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City Council that every section, paragraph, subdivision, clause, phrase,
word, or provision hereof be given full force and effect for its purpose.
SECTION 3. The necessity to immediately amend the City Code as
hereinabove provided creates a public emergency and 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 neces-
sity 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 and
publication, IT IS ACCORDINGLY SO ORDAINED, this the oZA-ct- day of ift"
1972.
ATTEST:
C. O
City Secre ar MAYOR
THE CITY OF CO S HRISTI, TEXAS
APPROVED:
0111 ,o DAY OF JULY, 1972:
Sp �55j City Attorney
CORPUS CHRISTI, TEXAS
DAY OF i 19_2Z
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.
CTF LY,
OR
THE CITY OF CORPUgHSTI, TEXAS
THE CHARTER RULE WAS-SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
• - gig—
CHARLES A. BONNIWELL
ROBERTO BoSQUEZ, M.D.
• - REV. HAROLD T. BRANCH
. - THOMAS V. GONZALES
GABE LOZANO, $R.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
' BONNIE SIZE MORE
CHARLES A. BONNIWELL
ROBERTO BoSQUEZ, M.D. '
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABS LOZANO, SR. �.••- J
. U
J. HOWARD STARK
A
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss a
tk County of Nueces. 1
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Before me, the undersigned, a Notary Public, this day personally came ... ...............................
....... Leland --- G.... Bar -nps ......................... who being first duly sworn, according to law, says that he is the
.......... clans ..... Ad. V..... Mp r.. .... .............................. of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
- Legal --- .Natic e- Natiae.. -a£ .. Pas. sage .......... _ .................Dr di4ance-- Na.--- 1. 1- 00$---- .------- --- -- ....... -__
of which the annexed is a true copy, was published in .._ Tit>t el ................................................ ........................... _..
on the 5th day of ........Augttat . .. ............. 19.22.., and once each ............................ thereafter for................. ...........
consecutive.......... _ .............. ...............................
---- -------- ---------- - -- -- -TimW
s.......... 5- 4- 0............... .......... ..
L nd G. lass. Adv. Mgr.
Subscribed and sworn to before me this ...h ..... y of..... _Barnes, ..Augu 9t" .. ....... .......... ... ... ... 19.... -- Ja -..
F
Public' NuecLouise Vick
0 y es County, Tex &7 it
..... ��
_NOTICE OF PASSgGE OF . �-• T
ORDINANCE NO 1100D
AM E NDINC
TI THPUS
CHRIS CITY E COR
OR AS $
A;AENiiES;'
By REPEALIIi,G
THE PRESENT SECTION
OF ARTICLE 11, RULES AND
REGULATIONS GENERALLY
FOR PUBLIC VLIT/ES DE-
pARTMENT, AND TIgDOPTING A
NEW SECTION M4 AS HERE• T
INAFTER PROVIDED; PROV- T
ICING A SAYINGS CLAUSE; (� ° ' s - r �� • s " -
TIONS;IDAND DECLARING IAN [
WAS PASS ANO gppROVEC by
the [Ity Council of the Cily of Corpus i
-Meelti" heltln AUtwsl 2p19Tj, C ]:pp It
2 and prpeldes Ihvl It slgll take ' r f -
r y �
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