Loading...
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