HomeMy WebLinkAbout021093 ORD - 03/05/1991As Amended on Second Reading
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, BY
AMENDING SECTIONS 55-25 AND 55-27.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances, Chapter 55,
Utilities, is hereby amended by amending Section 55-25 to read as
follows:
Sec. 55-25. Security for the payment of bill 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 and for
the performance of all other obligations of the customer a
sum of money equal to two (2) average monthly bills for
service furnished during the preceding twelve-month period
or to be furnished as estimated by the city. In case the
customer's bills for any two (2) 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 additional amount
of money sufficient to make the total on deposit with the
city equal to the amount of bills for two (2) consecutive
months. If the customer fails to deposit the additional
required sum within ten (10) days of written notice of the
deposit requirements and penalty for failure to pay, such
notice sent by U.S. mail to the customer at the address
shown on the customer application, the city may discontinue
service without further notice.
The minimum deposit for services will be in accordance
with the following schedule:
Residential:
(1) Fifty dollars ($50.00) for gas, water, waste water
and garbage.
(2) Thirty dollars ($30.00) for gas only.
(3) Thirty dollars ($30.00) for water or water and waste
water only.
(4) Ten dollars ($10.00) for garbage only.
(5) No additional deposit for garbage if another service is
requested.
(6) Upon presentation of a good credit reference letter
from another utility, City may adjust the required
security deposit amount.
\ORD-REs\90158
1
'J' 1v9ij
MICROFILMED
As Amended on Second Reading
Commercial:
(1) Fifty dollars ($50.00) for water and waste water.
(2) Thirty dollars ($30.00) for gas.
If the required deposit exceeds five hundred dollars
($500.00), the city will accept a cash deposit of the
initial five hundred dollars ($500.00) and a certificate of
deposit or an irrevocable letter of credit in lieu of cash
for the amounts in excess of five hundred dollars ($500.00),
or the entire amount in the form of a certificate of deposit
or irrevocable letter of credit.
An irrevocable letter of credit under this provision
must be issued by a financial institution with offices
located within Nueces County, Texas, be valid for one year
or more, and require as sole documentation for payment an
unpaid utility bill or failure to furnish proof of renewal
or replacement of the letter of credit no less than thirty
(30) days prior to expiry of the then current letter of
credit. Such letter of credit must be renewed upon
expiration, and proof of such renewal must be received by
the city at least thirty (30) days prior to expiration. If
no renewal is received, or cash in lieu thereof, the city
may, after ten (10) days prior written notice mailed to the
customer at the address on the customer application,
discontinue the service upon the expiration of the letter of
credit or call the letter of credit for failure to timely
renew.
A certificate of deposit under this provision must be
made out jointly to the customer and the city, endorsed by
the customer and physically held by the city and must be
issued by a financial institution with offices located
within Nueces County, Texas, be valid for one year or more,
and require as sole documentation for payment an unpaid
utility bill or failure to furnish proof of renewal or
replacement of the certificate of deposit no less than
thirty (30) days prior to expiry of the then current
certificate of deposit. Such certificate of deposit must be
renewed upon expiration, and proof of such renewal must be
received by the city at least thirty (30) days prior to
expiration. If no renewal is received or cash in lieu
thereof, the city may, after ten (10) days prior written
notice mailed to the customer at the address on the customer
application, discontinue the service upon the expiration of
the certificate of deposit or call the certificate of
deposit for failure to timely renew.
The deposit need not be applied against a delinquent
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 charges provided in this Code for performing
ORD-Rgs\90158 2
As Amended on Second Reading
procedures in connection with delinquent accounts,
disconnections, reconnections, damages to property or other
charges which may be made against the customer in accordance
with the ordinances, rules and regulations of the City.
(Code 1958, Sec. 38-6; Ord.No. 11009, Sec. 1F, 8-2-72; Ord.
No. 13490, Sec. 1, 11-24-76; Ord. No. 18243, Sec. 1, 5-23-
84)
Effective August 1, 1991, deposits shall have been refunded,
without interest, to individual residential customer
accounts which, while served continuously during the
preceding 12 months, were not disconnected and did not
receive two delinquent bills, and which are not currently in
arrears.
Effective August 1, 1991, deposits shall have been refunded,
without interest, to individual commercial customer accounts
which, while served continuously during the preceding 24
months, were not disconnected and did not receive two
delinquent bills, and which are not currently in arrears.
After the deposit has been refunded, the city shall reserve
the right to request that a security deposit be again placed
on the account, if an account has become delinquent. An
account will be considered delinquent if two delinquent
bills are issued and/or if disconnection of service occurs
once within a twelve (12) month period.
A customer shall claim refund of a deposit owed by the City
no later than one year after termination of service to the
account to which the deposit applies. Thereafter, such
deposit shall become City property.
SECTION 2. That the Code of Ordinances, Chapter 55,
Utilities, is hereby amended by amending Section 55-27 to read as
follows:
Sec. 55-27. Monthly bills.
Bills for service will be rendered monthly unless
otherwise specified. The term "monthly" for billing
purposes shall mean the period between any two (2)
consecutive readings of the meters by the city, such
readings to be taken as near as practicable every thirty
(30) days.
Monthly bills are due when rendered and are payable,
unless otherwise specified, on or before the date shown on
the face of the bill. Bills not paid by this date are in
default and service shall be discontinued 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.
\ORD-REs\90158 3
As Amended on Second Reading
Failure to receive a bill in no way 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, the customer will be
billed at the same rate as the previous monthly bill and the
billing adjusted when the meter is read. (Code 1958, Sec.
38-6; Ord. No. 11009, Sec. 1E, 8-2-72)
SECTION 3. 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 City Council that
every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 4. Publication shall be made one time in the
official publication of the City of Corpus Christi by publishing the
caption stating in substance the purpose of the ordinance, this
ordinance to become effective upon such publication.
\ORD-RES\90158 4
That the foregoing ordinance was read for the first
its second reading on this the day of ,
19 1 1 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read Xor the
to its third reading on this the -2V day
190 ( , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
That the foregoing
finally on this the
following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
e .and passe, to
FE&Q2
seconaktme and passed
of O_ _1t� tak,
aa?
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
ordinance was red f�or the third
day of�( (`l
PASSED AND APPROVED, this the
ATTEST:
time and passed
19 C� , by the
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
(t_.
rtUf
atti
ft ,
day of /tQ hL b
19
City Secretary
OR
THE CITY OF CORPUS CHRISTI
APPROVED:
/3 DAY OF ,
JAMES R. BRAY, JR., INTERIM CITY ATTORNEY
B
Assistant C
044
At orney
021093
As Amended on First Reading
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, BY
AMENDING SECTIONS 55-25 AND 55-27.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances, Chapter 55,
Utilities, is hereby amended by amending Section 55-25 to read as
follows:
Sec. 55-25. Security for the payment of bill 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 and for
the performance of all other obligations of the customer a
sum of money equal to two (2) average monthly bills for
service furnished during the preceding twelve-month period
or to be furnished as estimated by the city. In case the
customer's bills for any two (2) 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 additional amount
of money sufficient to make the total on deposit with the
city equal to the amount of bills for two (2) consecutive
months. If the customer fails to deposit the additional
required sum within ten (10) days of written notice of the
deposit requirements and penalty for failure to pay, such
notice sent by U.S. mail to the customer at the address
shown on the customer application, the city may discontinue
service without further notice.
The minimum deposit for services will be in accordance
with the following schedule:
Residential:
(1) Fifty dollars ($50.00) for gas, water, waste water
and garbage.
(2) Thirty dollars ($30.00) for gas only.
(3) Thirty dollars ($30.00) for water or water and waste
water only.
(4) Ten dollars ($10.00) for garbage only.
(5) No additional deposit for garbage if another service is
requested.
(6) Upon presentation of a good credit reference letter
from another utility, City may adjust the required
security deposit amount.
\oRD-RS8\90158 1
As Amended on First Reading
Commercial:
(1) Fifty dollars ($50.00) for water and waste water.
(2) Thirty dollars ($30.00) for gas.
If the required deposit exceeds five hundred dollars
($500.00), the city will accept a cash deposit of the
initial five hundred dollars ($500.00) and a certificate of
deposit or an irrevocable letter of credit in lieu of cash
for the amounts in excess of five hundred dollars ($500.00),
or the entire amount in the form of a certificate of deposit
or irrevocable letter of credit.
An irrevocable letter of credit under this provision
must be issued by a financial institution with offices
located within Nueces County, Texas, be valid for one year
or more, and require as sole documentation for payment an
unpaid utility bill or failure to furnish proof of renewal
or replacement of the letter of credit no less than thirty
(30) days prior to expiry of the then current letter of
credit. Such letter of credit must be renewed upon
expiration, and proof of such renewal must be received by
the city at least thirty (30) days prior to expiration. If
no renewal is received, or cash in lieu thereof, the city
may, after ten (10) days prior written notice mailed to the
customer at the address on the customer application,
discontinue the service upon the expiration of the letter of
credit or call the letter of credit for failure to timely
renew.
A certificate of deposit under this provision must be
made out jointly to the customer and the city, endorsed by
the customer and physically held by the city and must be
issued by a financial institution with offices located
within Nueces County, Texas, be valid for one year or more,
and require as sole documentation for payment an unpaid
utility bill or failure to furnish proof of renewal or
replacement of the certificate of deposit no less than
thirty (30) days prior to expiry of the then current
certificate of deposit. Such certificate of deposit must be
renewed upon expiration, and proof of such renewal must be
received by the city at least thirty (30) days prior to
expiration. If no renewal is received or cash in lieu
thereof, the city may, after ten (10) days prior written
notice mailed to the customer at the address on the customer
application, discontinue the service upon the expiration of
the certificate of deposit or call the certificate of
deposit for failure to timely renew.
The deposit need not be applied against a delinquent
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 charges provided in this Code for performing
\ORD-RES\90158
2
As Amended on First Reading
procedures in connection with delinquent accounts,
disconnections, reconnections, damages to property or other
charges which may be made against the customer in accordance
with the ordinances, rules and regulations of the City.
(Code 1958, Sec. 38-6; Ord.No. 11009, Sec. 1F, 8-2-72; Ord.
No. 13490, Sec. 1, 11-24-76; Ord. No. 18243, Sec. 1, 5-23-
84)
Deposits shall be refunded, without interest, to
individual residential customer accounts provided that,
during the twelve (12) month period after placing the
deposit with the city, or by August 1, 1991, for existing
accounts, whichever applies, the customer has not been
disconnected, did not receive two delinquent bills and that
the account is currently not in arrears. The refund shall
be through a credit to the customer's account.
Deposits shall be refunded, without interest, to
individual commercial customer accounts provided that,
during the twenty-four (24) month period after placing the
deposit with the city, or by August 1, 1991, for existing
accounts, whichever applies, the customer has not been
disconnected, did not receive two delinquent bills and that
the account is currently not in arrears. The refund shall
be through a credit to the customer's account.
After the deposit has been refunded, the city shall
reserve the right to request that a security deposit be
again placed on the account, if an account has become
delinquent. An account will be considered delinquent if two
delinquent bills are issued and/or if disconnection of
service occurs once within a twelve (12) month period.
SECTION 2. That the Code of Ordinances, Chapter 55,
Utilities, is hereby amended by amending Section 55-27 to read as
follows:
Sec. 55-27. Monthly bills.
Bills for service will be rendered monthly unless
otherwise specified. The term "monthly" for billing
purposes shall mean the period between any two (2)
consecutive readings of the meters by the city, such
readings to be taken as near as practicable every thirty
(30) days.
Monthly bills are due when rendered and are payable,
unless otherwise specified, on or before the date shown on
the face of the bill. Bills not paid by this date are in
default and service shall be discontinued 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.
\ORD-RES\90158
3
As Amended on First Reading
Failure to receive a bill in no way 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, the customer will be
billed at the same rate as the previous monthly bill and the
billing adjusted when the meter is read. (Code 1958, Sec.
38-6; Ord. No. 11009, Sec. 1E, 8-2-72)
SECTION 3. 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 City Council that
every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 4. Publication shall be made one time in the
official publication of the City of Corpus Christi by publishing the
caption stating in substance the purpose of the ordinance, this
ordinance to become effective upon such publication.
ORD-RRs\90158 4
That the foregoing ordinance was read for the first time and pass( o
its second reading on this the day of
19 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read for the second time and passed
to its third reading on this the day of
19 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read for the third time and passed
finally on this the day of , 19 , by the
following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
PASSED AND APPROVED, this the day of
ATTEST:
, 19
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED:
22 -DAY OF A4Orvq_„y , 194f':
JAMES R. _ RAY, J, INTERIM CITY ATTORNEY
City Attorney
By
044
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, BY
AMENDING SECTIONS 55-25 AND 55-27.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances, Chapter 55,
Utilities, is hereby amended by amending Section 55-25 to read as
follows:
Sec. 55-25. Security for the payment of bill 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 and for
the performance of all other obligations of the customer a
sum of money equal to two (2) average monthly bills for
service furnished during the preceding twelve-month period
or to be furnished as estimated by the city. In case the
customer's bills for any two (2) 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 additional amount
of money sufficient to make the total on deposit with the
city equal to the amount of bills for two (2) consecutive
months. If the customer fails to deposit the additional
required sum within ten (10) days of written notice of the
deposit requirements and penalty for failure to pay, such
notice sent by U.S. mail to the customer at the address
shown on the customer application, the city may discontinue
service without further notice.
The minimum deposit for services will be in accordance
with the following schedule:
Residential:
(1) Fifty dollars ($50 00) for gas, water, waste water
and garbage.
(2) Thirty dollars ($30.00) for gas only.
(3) Thirty dollars ($30.00) for water or water and waste
water only.
(4) Ten dollars ($10.00) for garbage only.
(5) No additional deposit for garbage if another service is
requested.
(6) Upon presentation of a good credit reference letter
from another utility, City may adjust the required
security deposit amount.
a : \ORD—RES \90158.mn 1
Commercial:
(1) Fifty dollars ($50.00) for water and waste water.
(2) Thirty dollars ($30.00) for gas.
If the required deposit exceeds five hundred dollars
($500.00), the city will accept a cash deposit of the
initial five hundred dollars ($500.00) and a certificate of
deposit or an irrevocable letter of credit in lieu of cash
for the amounts in excess of five hundred dollars ($500.00),
or the entire amount in the form of a certificate of deposit
or irrevocable letter of credit.
An irrevocable letter of credit under this provision
must be issued by a financial institution at an office
located within Nueces County, Texas, be valid for one year
or more, and require as sole documentation for payment an
unpaid utility bill or failure to furnish proof of renewal
or replacement of the letter of credit no less than thirty
(30) days prior to expiry of the then current letter of
credit. Such letter of credit must be renewed upon
expiration, and proof of such renewal must be received by
the city at least thirty (30) days prior to expiration. If
no renewal is received, or cash in lieu thereof, the city
may, after ten (10) days prior written notice mailed to the
customer at the address on the customer application,
discontinue the service upon the expiration of the letter of
credit or call the letter of credit for failure to timely
renew.
A certificate of deposit under this provision must be
made out jointly to the customer and the city, endorsed by
the customer and physically held by the city and must be
issued by a financial institution at an office located
within Nueces County, Texas, be valid for one year or more,
and require as sole documentation for payment an unpaid
utility bill or failure to furnish proof of renewal or
replacement of the certificate of deposit no less than
thirty (30) days prior to expiry of the then current
certificate of deposit. Such certificate of deposit must be
renewed upon expiration, and proof of such renewal must be
received by the city at least thirty (30) days prior to
expiration. If no renewal is received or cash in lieu
thereof, the city may, after ten (10) days prior written
notice mailed to the customer at the address on the customer
application, discontinue the service upon the expiration of
the certificate of deposit or call the certificate of
deposit for failure to timely renew.
The deposit need not be applied against a delinquent
account until a final bill is rendered to the customer, and
the existence of a deposit shall not relieve the customer of
a : \ORD-RES\90156.mo 2
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
the ordinances, rules and regulations of the City. (Code 1958,
Sec. 38-6; Ord.No. 11009, Sec. 1F, 8-2-72; Ord. No. 13490, Sec.
1, 11-24-76; Ord. No. 18243, Sec. 1, 5-23-84)
Deposits shall be refunded, without interest, to
individual residential customer accounts provided that,
during the twelve (12) month period after placing the
deposit with the city, or twelve (12) months after the
effective date of this ordinance, whichever applies, the
customer has not been disconnected, did not receive two
delinquent bills and that the account is currently not in
arrears. The refund shall be through a credit to the
customer's account.
Deposits shall be refunded, without interest, to individual
commercial customer accounts provided that, during the twenty-
four (24) month period after placing the deposit with the city,
or twenty-four (24) months after the effective date of this
ordinance, whichever applies, the customer has not been
disconnected, did not receive two delinquent bills and that the
account is currently not in arrears. The refund shall be through
a credit to the customer's account.
After the deposit has been refunded, the city shall
reserve the right to request that a security deposit be
again placed on the account, if an account has become
delinquent. An account will be considered delinquent if two
delinquent bills are issued and/or if disconnection of
service occurs once within a twelve (12) month period.
SECTION 2. That the Code of Ordinances, Chapter 55,
Utilities, is hereby amended by amending Section 55-27 to read as
follows:
Sec. 55-27. Monthly bills.
Bills for service will be rendered monthly unless
otherwise specified. The term "monthly" for billing
purposes shall mean the period between any two (2)
consecutive readings of the meters by the city, such
readings to be taken as near as practicable every thirty
(30) days.
Monthly bills are due when rendered and are payable,
unless otherwise specified, on or before the date shown on
the face of the bill. Bills not paid by this date are in
default and service shall be discontinued 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.
a : \ORD-RES\90158.mm 3
Failure to receive a bill in no way 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, the customer will be
billed at the same rate as the previous monthly bill and the
billing adjusted when the meter is read. (Code 1958, Sec.
38-6; Ord. No. 11009, Sec. 1E, 8-2-72)
SECTION 3. 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 City Council that
every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 4. Publication shall be made one time in the
official publication of the City of Corpus Christi by publishing the
caption stating in substance the purpose of the ordinance, this
ordinance to become effective upon such publication.
a: \ORD-RES\90158.® 4
PUBLISHER'S AFFIDAVIT
State of Texas,
County of Nueces } ss:
City of Corpus Christi
Ad # 16492
PO #
Before me, the undersigned, a Notary Public, this day personally
came Annette Mendoza, who being first duly sworn, according to
law, says that she is Advertising Receivables Clerk of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OR ORDINANCE NO. 021093 AMENDING THE CODE
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 11TH day of March 1991.
One Time(s)
$ 20.25
OL�ti 4 Q
Advertising Receivables Cle
Subscribed and sworn to before me this 20th day
of March , 1991.
Notary Public, Nueces County, Texas
My commission expires on 423-(i3
DEBPA
No.
St..+,
My Corn r:
NOTICE OF PA$SAHE
OF a
I
S6�
The. rlYised.
and approved y t eCit
Council of the City of Cor-
pus Christi, Texas on the
5th day of March, 1991.
/s/ Armando Chaps
City Secretary
City of Corpus CMisti