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HomeMy WebLinkAbout025593 ORD - 12/16/2003AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 TO ESTABLISH PROCEDURES REGARDING SECURITY DEPOSITS, DELINQUENT PAYMENTS, LATE FEES, AND AVERAGE BILLING FOR THE UTILITIES BUSINESS OFFICE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article II of Chapter 55 of the Code of Ordinances is amended by revising the title to read as follows: "ARTICLE II. RULES AND REGULATIONS OF ................ pU_=_LIC 'JT!L!T!ES THE UTILITIES BUSINESS OFFICE" SECTION 2. Section 55-22 of the Code of Ordinances, City of Corpus Christi is amended to read as follows: "Sec. 55-22. Application or contract for service. ...... , .............. ~ ..... ~ ................... Or perso ~.-,+;*u..4 to ....... ;'""' Of +~'"' ' by ......... ~. .............. prem:scs,.~..,,,'~'--~',,, ......... ,;.~A,^ ~ ......... ~-.-, ...... ,., ..,.,4 ..... ,^.~ thu ""'. ...................... r-r- ..... , ....... j ............ ~.~e~c:cs '-'- ........ ;,4~. the!r prefer. The Utility Business Office Manaqer is authorized to establish procedures to process and accept applications for utility service inside the city limits." SECTION 3. Section 55-25 of the Code of Ordinances is amended to read as follows: "Sec. 55-25. Security for the payment of bill and performance of other obligations by customer. "(a) The city .... · .v.~ .... shall require that a security deposit be placed on the account (i) if an account has become delinquent, (ii) if the customer had a delinquent balance on a previous city utility account, or (iii) if the customer tampered with city equipment to receive city utility service. An account will be considered delinquent if two (2) delinquent bills are issued ~"'~/"- ~ ' ' ......... o_r d~sconnect~on of service for non-payment occurs once within a twelve-month period. "(b) The amount of the security deposit is one-sixth of the customer's last twelve utility bills. If the customer did not receive utility service for at least twelve months, then th~, security deposit is an average of all of the customer's monthly utility bills, multiplied by two. Page 2 of 8 "(b) (c) The city will refund a security deposit, without interest, to a customer, upon the request of the customer, if the following conditions have been satisfied: "(1) The customer has maintained service for at least twelve (12) consecutive months. "(2) The customer's service was not disconnected during the preceding twelve (12) months. "(3) The customer has not been sent two (2) or more delinquent bills during the previous twelve (12) months. "(4) The account is not currently in arrears. "(c) (d) A customer may claim a refund of a deposit owed by the city no later than one (1) year after termination of service to the account to which the deposit applies. Thereafter, such deposit shall become city property." SECTION 4. Section 55-26 of the Code of Ordinances is deleted. Where ........;'-~ has ................. or SECTION $. Section 55-27 of the Code of Ordinances is amended to read as follows: "Sec. 55-27. Monthly bills. "(a) 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 3racticable every thirty (30) days. "(b) 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. "(c) Failure to receive a bill in no way exempts a customer from payment of bills or thc "(d) 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." ]:\LEG-DIR\Lisa\ORD3\dec 2003 ubo.doc Page 3 of 8 SECTION 6. Section 55-33 of the Code of Ordinances is amended to read as follows: "Sec. 55-33. City's standard terms for application for utility service c; cc.-.tr=ct "The city's standard terms for utility service include the following: "(a) The applicant agrees-re shall pay for such services as bills are rendered therefe¢ in accordance with the rates, rules and regulations as provided in the charter or by ordinances, or by the terms and conditions as setJeFth established .by the Direete,~ PuS!!c Ut!!!t!es Utilities Business Office Manager, 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 herea,ffe~ be enacted and in effect at the time of delivery. "(b) 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 discontinuance, or disconnection of service hereunder from any cause other than negligence 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 services are furnished or delivered. "lc) The applicant shall acknowledges that he the applicant is the owner or person entitled to possession of the premises, legally liable for payment for services, and may be required to provide documentation to establish applicant's right to possession of the premises. SECTION 7. Section 55-34 of the Code of Ordinances is amended to read as follows: "Sec. 55-34. Discontinuance of service. "(a) If water or ,qas service is discontinued by the city on a certain property and service. is then turned on without authorization, the record owner of the property involved is i:\LEG-DIR\Lisa\ORD3\dec 2003 ubo.doc Page 4 of 8 responsible for any water and gas metered during the period water and gas usage arP, unauthorized. "(b) When any customer of the city department of public utilities purchases any article from the city or is indebted for any appliance, connection or service anywhere in the city and the .... indebtedness or any installment thereef is delinquent, theservices' of .... ~'~ the 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 8. Section 55-37 of the Code of Ordinances is deleted. SECTION 9. Article II of Chapter 55 of the Code of Ordinances is amended by adding new section 55-39 to read as follows: "Sec. 55139. Average billinq. "A customer who has not had any delinquent payments for the previous twelve (12) months may request average billing. To calculate the average billinq amount, the city shall determine the averaqe of the most recent twelve (12) monthly utility bills. Each month the city shall determine the customer's actual utility service charqes. If the actual monthly utility service charge is different from the average billing amount, the customer shall be billed the average billing amount, and the difference shall be deferred. Ten percent of the previous monthly deferred amounts shall be applied to the customer's next month's averaqe bill." SECTION 10. Article II of Chapter 55 of the Code of Ordinances is amended by adding new section 55-40 to read as follows: "Sec. 55-40. Delinquent notices, late fees; disconnection, char.qes for reconnectin.q and replacing meters. "(a) The city will mail a delinquent notice on or about the twenty-first day after the monthly bill was issued. The notice must advise the customer that service is subject to being disconnected on or after the forty-fifth day from the date the bill was issued if payment in full is not received. "(b) If payment for the delinquent bill has not been received in the utilities business office prior to 8:00 a.m. on the date specified in the notice, the customer's water and gas meters are subiect to beinq disconnected, locked, sealed or removed without further notice. ~:\LEGIDIR\Lisa\ORD3\dec 2003 ubo.doc Page 5 of 8 "(c) A late fee must be charqed if customer does not make full payment by the customer's next billinq date. The late fee is five percent of the unpaid, overdue balance. "(d) The customer's failure to receive the notice does not exempt the customer from paying the delinquent bill or having the customer's service disconnected; provided that the notice was regularly depos ted in the United States mail, stamped and addressed to the delinquent customer at the address shown on the records of the utilities business office. "(e) A service charqe of thirty dollars ($30.00) per order must be paid if payment of thc. delinquency is not made in person at the utilities business office prior to 8:00 a.m., on the date which the customer has been previously notified that the customer's utility service is to be disconnected due to failure to pay a delinquent bill in order to obtain a reconnection. The customer's failure to receive notification of date to be disconnected does not exempt the customer from paying the service charqe. This service charge is necessary to cover all costs in handlinq and collecting a delinquent account. For all meters reconnected after 5:00 p.m., and on Saturdays, Sundays and holidays an additional charqe of fifteen dollars ($15.00) will be made and must be paid upon reconnection. "(f) Meters removed due to failure to pay a delinquent bill or service or penalty charges shall be replaced only upon payment of a fifteen dollar ($15.00) setting fee, plus an additional tampering service charge. The payment must be made in person to the utilities business office of the city. "(.q) Meters, service connections, locks, valves or any other city property broken, damaqed or stolen while on the premises of the customer, or by the customer or someone acting in behalf of the customer, 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. "(h) The breakinq, damaging, adjusting, changing, removal or taking of any meter, pipe service connection, lock, seal, valve or any other city-owned property 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 is subject to an additional twenty-five dollar ($25.00) tampering service char.qe, unlawful, and punishable as a misdemeanor under the Texas Penal Code." SECTION 11. Section 55-51 of the Code of Ordinances is deleted. 4:\LEGIDIR\Lisa\ORD3\dec 2003 ubo.doc Page 6 of 8 SECTION 12. Section 55-62 of the Code of Ordinances is deleted. ~:\LEG-DIR\Lisa\ORD3\dec 2003 ubo.doc Page 7 of 8 SECTION 13. 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 of this ordinance be given full force and effect for its purpose. SECTION 14. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 15. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. J:\LEGIDIR\Lisa\ORD3\dec 2003 ubo.doc Page 8 of 8 That the foregoing ordinance was re~d for the first time and passed to its second reading on this the ~-h-- day of t~_~ (~,-,,~.~,..~-,. , 2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett (~ _ Bill Kelly ~_/~'-~t~' Rex A. Kinnison ~,.C Jesse Noyola ~£ Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the !~t'~ day of <.0~£(~,1-vd~L-'~. , 2003 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of{E~C,~,2003.'J City Secretary APPROVED: Lisa Aguilar Assistant City Attorney for City Attorney Mayor .,2003 {:\LEG-DIR\Lisa\ORD3\dec 2003 ubo.doc State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 4760024 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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 OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 22ND day(s) of DECEMBER, 2003. $66.16 TWO {2 ) Time(s) Credit Manager Subscribed and sworn to me on the date of DECEMBER 23, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christi Caller-Times, Monday, D _ecember 22, 2003/D9 NOTICE C~ pASSAGE OF ORO~NANCE NO. O25593 Amending the C~le of Ordinsnees, Cit.( of Corpus Christi, Chapter ~5 to establish procedure~ regarding seourity depoBit, deltnClUent paYmenta, late feea, and average billing f~ the U~llit~ ~vi idl~g for penates. ~a~ed and approved y the City Cotmcll of the City of Corpus 16.2003.