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Home My WebLink About027970 ORD - 12/09/2008AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 TO ESTABLISH A FEE FOR ESTIMATING METER READS WHEN ACCESS TO REPLACE METER FOR THE AUTOMATED METER READING PROGRAM IS NOT PROVIDED; PROVIDING AN EFFECTIVE DATE OF JANUARY 1, 2009; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi has undertaken an automated meter reading program to improve efficiencies in the meter reading process; WHEREAS, as part of the automated meter reading program, the City has notified utility customers of the City program to install new meter reading devices, including written notices, and of the need to have access to the property; WHEREAS, at some properties, despite issuance of City written notification, the City or its contractor has been denied access to the premises to install new automated meter reading devices, either due to a locked gate, aggressive dog on property, or customer refusal; and WHEREAS, utility customer non-cooperation with City request for access to the property for new installation is causing the City to bill such accounts for utilities based on estimates of utility usage, which causes additional use of City staff time to manually review the bills, delays utility bill printing by one to two days, delays the completion of the automated reading program, and prevents City from recording accurate revenues, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi City Code of Ordinances, Chapter 55, Utilities, Article II, Rules and Regulations of the Utilities Business Office, is amended to add new Section 55-39, to read as follows: "Sec. 55-39. Fee for estimating meter reads. (a) The monthly fee for estimating a meter read is $ 40.00. (b) No such fee shall be charged until the following has occurred: (1) The City of Corpus Christi shall send written notice by regular mail to notify the utility customer that the City is in the process of replacing the meter with automated meter reading devices and to instruct the customer to call, within two weeks from date of the notice, the Utilities Business Office or the City's contractor to provide access to the property for installation of new automated meter reading device. The notice shall also inform the customer that customer's failure to timely comply shall cause the City to place the account on estimated meter reading, and shall cause a monthly estimated meter reading fee of $40.00 to be assessed. (2) If customer does not timely respond within two weeks from date of first written notice, then the City shall mail a second written notice by regular mail to inform the customer that the account has been placed on estimated meter reading, and 027970 H:\LEG-DIR\Lisa\2008 ORDINANCES\FEE FOR ESTIMATED METER READING Nov 6, 2008.DOC INDEXED 2 to instruct the customer to call, within two weeks from date of the notice, the Utilities Business Office or the City's contractor to provide access to the property for installation of new meter reading device. The second written notice shall also inform the customer that customer's failure to timely comply shall cause the City to keep the account on estimated meter reading and shall cause a monthly estimated meter reading fee of $40.00 to be assessed on the next utility bill. (3) If the customer does not timely respond within two weeks from date of second written notice, then the City shall mail the customer a third and final written notice by regular mail to inform the customer that the account has been placed on estimated meter reading, and to instruct the customer to call, within two weeks from date of the notice, the Utilities Business Office or the City's contractor to provide access to the property for installation of new meter reading device. The third written notice shall also inform the customer that the City is applying a monthly estimated meter reading fee to the customer's bill, until the automated meter reading device is installed by the City or its contractor. (c) The fee for estimating a meter read is in addition to and separate from the monthly estimated meter read. (d) For purposes of this section, the estimated meter reading is calculated by the following formula: Determine average daily consumption amount, by first adding the meter readings from the following billing periods: 12 months prior, 11 months prior, and 10 months prior. Then, divide this total by the total number of days in these three billing periods, to determine the average consumption per day. Then multiply the average consumption per day by number of days in the estimated month, to determine the estimated consumption for the month, and round to the nearest thousand gallons for water, and nearest MCF (thousand cubic feet) for gas. 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 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 3. 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. This ordinance takes effect January 1, 2009. FEE FOR ESTIMATED METER READING NOV 6, 2008 That the foregoing ordice was reading on this the I day of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly rdr the e1first time and passed to its second PJ NI&bC� 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 1 That th�,loregoing ordinance w s read for the second time and passed finally on this the 1fTk- day of A/14 )-A 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon U, PASSED AND APPROVED, this the "i'" day of bt1/I.6A, , 2008. Armando Chapa City Secretary APPROVED as to form: Nov. 7, 2008 By: ,X°,A./ Lisa Aguilar Assistant City Attorney for the City Attorney �.✓i.., .iAi . 4 Hen Garrett Mayor 027970 EFFECTIVE DATE State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CIg43g } CITY OF CORPUS CHRISTI } Ad # 5885854 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 ORDI NANCE NO. 0279—Mach the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/15/2008,12/15/2008. $ 102.57 1Time(s) LEGREPRESENTIVE On this g`day oft certify that the attached document is a true and an exact copy made by publisher. GWENNJ. MEDINA MY COMMISSION EXPIRES Au0ust 2, 2012 11 Notary Public, State of Texas CALLER -TIMES • December 15, 2008 • Monday • 5F NOTICE OF PASSAGE OF ORDI- NANCE NO. 027970 Amending the Code of Ordinances, City of Corpus Christi, Chap- ter 55 to establish a fee for estimating me- ter reads when access to replace meter for the automated meter reading program is not provided; providing an effective date of Janu- ary.9, 2009; and providing for publica- tion. This ordinance was passed and ap- proved on its second reading by the City Council of the City of Corpus Christi on De- cember 9, 2008. /s/ Armando Chapa City Secretary City of Corpus Christi