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Home My WebLink About05336 ORD - 04/29/1959INS :JKH:4 -3-59 t . AN ORDINANCE AMENDING SECTIONS 38-6, 38 -32, 38-33, AND 38 -48 OF THE CORPUS CHRISTI CODE, 1950 SO AS TO PROHIBIT RECONNECTION BY THE CUSTOMER OF DISCONNECTED UTILITY SERVICES; PROVIDING PENALTIES FOR DELINQUENCIES IN ACCOUNTS, AND PROCEDURES FOR HANDLING DELINQUENT ACCOUNTS; PROVIDING PENALTIES FOR DAMAGE OF CITY UTILITY SERVICE PRO AKING I UNLAWFUL TO DO CERTAIN ACTS REGARDING DISCONNECTED UTILITY SERVICES; PROVIDING NALTI S'FOR VIOLATIONS; AND DECLARING AN MUMMY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • SECTION 1. THAT SECTION 38 -6 OF THE CORPUS CHRISTI CITY CODE, 19582 BE AMENDED BY AMENDING THE 13TH PARAGRAPH OF SAIDf SECTION ENTITLED: "SECURITY i FOR THE PAYMENT OF BILLS AND PERFORMANCE OF OTHER "OBLIGATIONS BY CUSTOMER11, SO THAT SAID PARAGRAPH SHALL HEREAFTER READ AS FOLLOWS: "SECURITY FOR THE PAYMENT OF BILLS AND PERFORMANCE OF OTHER OBLIGA- 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 1 1 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. f IN CASE THE CUSTOMERS 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 AN ADDI- TIONAL 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 FIVE DOLLARS PER METER. THE DEPOSIT NEED NOT BE APPLIED AGAINST DELINQUENT AC- COUNT UNTIL A FINAL BILL IS RENDERED TO THE CUSTOMER, AND THE EXISTENCE OF A DEPOSIT 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 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." t • SECTION 2. THAT SECTION 38 -32 OF THE CORPUS CHRISTI CITY CODE, 19581 BE AMENDED SO AS TO HEREAFTER READ AS FOLLOWS: I'SEC. 38 -32. CHARGES FOR RECONNECTING AND REPLACING METERS. THE UTILITIES OFFICE OF THE CITY OF CORPUS CHRISTI SHALL MAIL TO EACH DELINQUENT WATER CUSTOMER A NOTICE ADVISING SUCH CUSTOMER THAT SERVICE WILL BE DISCON- TINUED ON A CERTAIN DATE DUE TO FAILURE TO PAY A DELINQUENT ACCOUNT. IF PAY- MENT FOR SUCH DELINQUENT BILL HAS NOT BEEN RECEIVED IN THE OFFICE PRIOR TO 8:00 A. M. ON THE DATE SPECIFIED IN THE ABOVE NOTICE, SUCH CUSTOMER'S WATER METER MAY BE DISCONNECTED, LOCKED, SEALED OR REMOVED WITHOUT FURTHER NOTICE. THE CUSTOMER'S FAILURE TO RECEIVE THE NOTICE DOES NOT EXEMPT HIM FROM PAYING THE DELINQUENT BILL OR HAVING HIS SERVICE DISCONNECTED, PROVIDED THAT SUCH NOTICE WAS REGULARLY DEPOSITED IN THE UNITED STATES MAIL, STAMPED AND ADDRESSED / TO SUCH DELINQUENT CUSTOMER AT THE ADDRESS SHOWN ON THE RECORDS OF THE PUBLIC UTILITIES OFFICE. "A SERVICE CHARGE OF TWO DOLLARS ($2.00) MUST BE PAID�IF PAYMENT OF THE O DELINQUENCY IS NOT MADE, IN PERSON AT THE PUBLIC UTILITIES OFFICE PRIOR TO 8:00 A. M. ON THE DATE WHICH CUSTOMER HAS BEEN PREVIOUSLY NOTIFIED THAT HIS WATER SERVICE IS TO BE DISCONNECTED DUE TO FAILURE TO PAY A DELINQUENT BILL IN ORDER TO OBTAIN A RECONNECTION. CUSTOMER'S FAILURE TO RECEIVE NOTE - FICATION OF DATE TO BE DISCONNECTED DOES NOT EXEMPT '.HIM FROM PAYING THE SERVICE CHARGE. THIS SERVICE CHARGE IS NECESSARY TO COVER ALL COSTS IN HANDLING AND COLLECTING A DELINQUENT ACCOUNT. "METERS REMOVED DUE TO FAILURE TO PAY A DELINQUENT BILL AND/OR SERVICE OR PENALTY CHARGES WILL BE REPLACED ONLY UPON PAYMENT OF A TEN DOLLAR ($10.00) SETTING FEE, PLUS THE SERVICE CHARGE. THE PAYMENT MUST BE MADE IN PERSON TO THE PUBLIC UTILITIES OFFICE OF THE CITY." SECTION 3. THAT SECTION 38 -33 of THE CORPUS CHRISTI Cl -TY CODE, 1958, BE AMENDED SO AS TO HEREAFTER READAS FOLLOWS: "SEC. 38 -33• CHARGES FOR DAMAGING CITY PROPERTY ON CONSUMER'S PREMISES, AND PROVIDING PENALTIES, METERS, SERVICE CONNECTIONS, LOCKS, SEALS, VALVES OR ANY OTHER CITY PROPERTY BROKEN, DAMAGED OR STOLEN WHILE ON THE PREMISES OF THE CONSUMER, OR BY THE CONSUMER OR SOMEONE ACTING IN HIS BEHALF] WILL BE -2- • CHARGED TO THE CUSTOMER AT A FAIR PRICE BASED ON THE COST OF THE LABOR AND MATERIALS NECESSARY TO REPAIR OR REPLACE THE DAMAGES, DESTRUCTION OR STOLEN PROPERTY. THESE CHARGES MUST BE PAID IN PERSON TO THE PUBLIC UTILITIES OFFICE IN ORDER TO AUTHORIZE A RECONNECTION OF SERVICE. THE CUSTOMER MAY SHOW, AS A DEFENSE THAT ANY SUCH PROPERTY BROKEN, DAMAGED, OR STOLEN, WAS SO BROKEN, DAMAGED OR STOLEN] THROUGH NO FAULT OF AND WITHOUT THE CONSENT OF THE CUSTOMER. TITHE BREAKING, DAMAGING, ADJUSTING, CHANGING, REMOVAL, OR TAKING OF ANY METERS PIPES SERVICE CONNECTION: LOCKS SEALS VALVES OR ANY OTHER CITY OWNED PROPERTY, SHALL BE UNLAWFUL AND PUNISHABLE AS A MISDEMEANOR. THE TURN- ING ON OF ANY VALVE SO AS TO PROVIDE SERVICE FROM CITY OWNED UTILITY SERVICE LINE: EXCEPT BY AN AUTHORIZED EMPLOYEE OF THE CITY DEPARTMENT OF PUBLIC UTILITIESI OR EXCEPT TO RETURN TO'SERVICE INTERRUPTED ONLY BY THE MAKING OF REPAIRS REQUIRING THE VALVE TO BE TURNED OFF, IS UNLAWFUL AND PUNISHABLE AS A MISDEMEANOR." SECTION 4. THAT SECTION 38 -48 OF THE CORPUS CHRISTI CITY CODE, 1958, BE AMENDED SO AS TO HEREAFTER READ AS FOLLOWS: "SEC. 38- 48.CHARGES FOR RECONNECTING AND REPLACING METERS. THE UTILITIES OFFICE OF THE CITY OF CORPUS CHRISTI SHALL MAIL TO EACH DELINQUENT GAS CUSTOMER A NOTICE ADVISING SUCH CUSTOMER THAT SERVICE WILL BE DISCONICINUED ON A CERTAIN DATE DUE TO FAILURE TO PAY A DELINQUENT ACCOUNT. IF PAYMENT FOR SUCH DELINQUENT BILL HAS NOT BEEN RECEIVED IN THE OFFICE PRIOR TO 8 :00 A. M. ON THE DATE SPECIFIED IN THE ABOVE NOTICE, SUCH CUSTOMER'S GAS METER MAY BE DISCONNECTED, LOCKED, SEALED OR REMOVED WITHOUT FURTHER NOTICE. THE CUSTOMERS FAILURE TO RECEIVE THE NOTICE DOES NOT EXEMPT HIM FROM PAYING THE DELINQUENT BILL OR HAVING HIS SERVICE DISCONNECTED, PROVIDED THAT SUCH NOTICE WAS REGULARLY DEPOSITED IN THE UNITED STATES MAIL, STAMPED AND ADDRESSED TO SUCH DELINQUENT 1 CUSTOMER AT THE ADDRESS SHOWN ON THE RECORDS OF THE PUBLIC UTILITIES OFFICE. 'IA SERVICE CHARGE OF TWO DOLLARS ($Z.00) MUST BE PAID IF PAYMENT OF THE DELINQUENCY IS NOT MADE IN PERSON AT THE PUBLIC UTILITIES OFFICE PRIOR TO 8:00 A. M. ON THE DATE WHICH CUSTOMER HAS BEEN PREVIOUSLY NOTIFIED THAT HIS GAS SERVICE IS TO BE DISCONNECTED DUE TO FAILURE TO PAY A DELINQUENT BILL. CUSTOMER'S FAILURE TO RECEIVE NOTIFICATION OF DATE TO BE DISCONNECTED DOES NOT EXEMPT HIM FROM PAYING THE SERVICE CHARGE. THIS SERVICE CHARGE IS NECESSARY TO COVER ALL COSTS IN HANDLING AND COLLECTING A DELINQUENT ACCOUNT. "METERS REMOVED DUE TO FAILURE TO PAY A DELINQENT BILL AND/OR SERVICE OR PENALTY CHARGES WILL BE REPLACED ONLY UPON PAYMENT OF A:T.'EN DOLLAR -3- ($10.00) SETTING FEES PLUS THE SERVICE CHARGE. THE PAYMENT MUST BE MADE IN PERSON TO THE PUBLIC UTILITIES OFFICE OF THE CITY. "METERS, SERVICE CONNECTIONS2 LOCKS2 VALVES OR ANY OTHER CITY PROPERTY BROKEN DAMAGED OR STOLEN WHILE ON THE PREMISES OF THE CONSUMER, OR BY THE CONSUMER OR SOMEONE ACTING IN HIS BEHALF WILL BE CHARGED TO THE CUSTOMER AT A FAIR PRICE BASED ON THE COST OF THE LABOR AND MATERIALS NECESSARY TO REPAIR OR REPLACE THE DAMAGES] DESTRUCTION OR STOLEN PROPERTY. THESE CHARGES MUST BE PAID IN PERSON TO THE PUBLIC UTILITIES OFFICE IN ORDER TO AUTHORIZE A RECONNECTION OF SERVICE. "THE BREAKING DAMAGING ADJUSTING CHANGING REMOVALS OR TAKING OF ANY METERS PIPE SERVICE CONNECTIONS LOCKS SEALI VALVE, OR ANY OTHER CITY OWNED PROPERTYp SHALL BE UNLAWFUL AND PUNISHABLE AS A MISDEMEANOR. THE TURNING ON OF ANY VALVE SO AS TO PROVIDE SERVICE FROM ANY UTILITY SERVICE, EXCEPT BY AN AUTHORIZED EMPLOYEE OF THE CITY DEPARTMENT OF PUBLIC UTILITIES, IS UNLAWFUL AND PUNISHABLE AS A MISDEMEANOR.° SECTION 5. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, ONE TIME, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUMMARY THE PURPOSE OF THE ORDINANCE AND THE PENALTY FOR VIOLATION THEREOF. SECTION 6. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE AND ARE HEREBY REPEALED. SECTION 7. THE NECESSITY FOR AMENDING THE CODE AS ABOVE SET FORTH 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 AND THAT SUCH ORDINANCE OR RE- SOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTp HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS DAY OF APRILS 1959• ATT MAYOR THE CITY OF CO PUS CHRI I�TEXAS CITY SECRE A APPROVED AS 0 LEGAL FORM IS THE 9TH D Y OF kPRIL, 1959: CITY TT•RNEY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: CORPUS CHRISTI, TEXAS a/ V FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE SHALL BE PASSED FINALLY ON THE DATE IT I$ INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; (, THEREFOR£, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, L MAYOR THE CITY OF CDR US CHRISTI TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART0 JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE c GABS L. LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY ICING JAMES L. BARNARD C-it -w i MRS. RAY AIRHEART ! = d` JOSEPH B. DUNN �/Cli n PATRICK J. DUNNE (�(.G R. A. HUMBLE GABE L. LOZANO, SR. .n t� \ •