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HomeMy WebLinkAboutORD 1969 Authorizing Waiver of Utility Late ChargesCity of West University Place Harris County, Texas Ordinance No. 1969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 86, UTILITIES, OF THE WEST UNIVERSITY PLACE CODE OF ORDINANCES BY AMENDING SECTION 8634(b) TO AUTHORIZE A WAIVER OF THE LATE CHARGE UNDER CERTAIN CIRCUMSTANCES, AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Chapter 86, Utilities, Section 8634(b), is hereby amended to authorize a waiver of the late charge under certain circumstances as set forth in Appendix A, attached hereto and made part of this ordinance. All other potions of Chapter 86 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. All ordinances and pads of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section S. This Ordinance takes effect immediately upon its passage and adoption on second reading. PASSED, APPROVED AND ADOPTED ON FIRST READING on the 25° day of February , 2013. PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, on the 11a yaf March ,2013. Z, e a Signed: i Secretary (Seal) Mayor ryvns Recommended: City Manager Approved as to legal form City Anorney SIj m4 Appendix A (Amended Chapter 86, Utilities, Code of Ordinances) (Added Language Shown by Underline) Sec. 86 -34.- Billing, payment, nonpayment. (a) Frequency, when delinquent. All users of utilmes, solid waste collection, street lighting and other services furnished by the city will be billed monthly for services rendered. All bills will be due and payable on presentation and will become delinquent on the 21st day following the date mailed. (b) Late charge/waiver of late chame. If a bill becomes delinquent, there is a one -time additional charge of ten percent of the lesser of the amount due or the amount last billed. With the city managers and finance director's approval the late charge may be waived under the following circumstances: a. The user has submitted a written request for a waver of the late chame within 30 days of the delinquent notice and L. The user has not received a waver for a late chance within the orecedinc 24 month period. (c) Returned checks. If a check or other instrument is returned, an adtlkional charge may be assessed. The amount of Mis charge will be determined by the city council. A returned check or other instrument will be treated as if there had been no payment received and retroactive late charges may be assessed. (d) Partial payment. If a parhal payment is made, the amount will be allocated to amounts due Me city in the following ceder: (1) First, to any additional fees and charges, such as late charges and relumed check charges, then due. (2) Then to Me oldest regular charges, applied in this order: a. Current solid waste charges. b. Current street lighting fees. C. Any other charges. d. Current sewer charges. e. Current water charges. (e) Payment agreements. The finance director may agree to allow a delinquent account to be paid over a period of time. The user must agree in writing to a payment schedule. The agreement will not prevent discontinuation of service if the user fails to timely pay both the amount due under the terms of the agreement and current charges during the term of the agreement. (f) Discontinuation of service. If a bill becomes delinquent, the city may give notice that water and sewer services are proposed to be discontinued. The notice will give an opportunity for a hearing with the city manager (or the city manager's designee) before discontinuation. If the delinquency is not resolved after the opportunity for a hearing, the city may discontinue water and sewer services without further notice. (g) Write off of batl debts. If, after all collection efforts have been exhausted, the finance director believes that it is unlikely that the city will be able to collect a delinquent account, the account's status may be changed from active to inactive. With the city managers approval, the finance director may suspend active collection efforts for an account balance that has been inactive for at least two years. Moo"