HomeMy WebLinkAboutORD 1275 - ORD Relating Application for Water, Sewer & Garbage Services
130
ORDINANCE 1275
'I
I I
I
I
.~
, , -~
AN ORDINANCE RELATING TO APPLICATIONS FOR WATER, SEWER AND
GARBAGE SERVICES: CONTAINING PROVISIONS RELATING TO DEPOSITS
TO SECURE PAYMENTS FOR SUCH SERVICES; AMENDING THE CODE OR
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE AND REPEALING
SECTION 23-22 OF SAID CODE; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE S~BJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE:
Section 1. Section 23-74 of the Code of Ordinances of the City of
West University Place, Texas is amended to read in its entirety as
foll ows:
Sec. 23-74. Utility Applications; Deposits
(a) City utility service shall not be provided to any
customer, or reestablished for any customer after it is
discontinued, until the custdrn~r. hasappJ,ied in writing for
such service upon the City's application form. The
application form shall include the following:
(i) name and address of the applicant;
(ii) address of the premises where service is
requested;
(iii) description of such premises, including
those items specifically inquired about
on the application form;
n
I
, I
'~
(iv) name and address of the owner of the
premises, and the relationship of the
applicant to the owner;
(v) such other data as may be required on the
application form.
(b) When a person who is not the owner of the premises
makes application, the owner may join as co-applicant, and
both shall be jointly and severally liable for payments,
proper use of the service and compliance with applicable
ordinances, rules and regulations. The owner may not
withdraw the application or limit this liability unless the
co-applicant consents in writing (and pays any additional
deposit required) or unless the owner demonstrates to the
satisfaction of the finance director that the premises are
vacant.
1
.131
(c) To secure the payment of utility charges as well as
any app 1 i,cabl e g-a'rbage f'ees, 'the app 1 i cant must depos it the
largest df the following amounts at the time of application
and before service is commenced:
(i) the amount estimated by the finance
director of the City to accrue in three
months at the premises to be served,
aS'suming ,the hi stori c quantities used
during the greatest three months on
record at the same or similar premises
(adjusted for any improvements) and
assuming the water, sewer and garbage
, rates then in effect (adjusted for any
changes approved by the Council);
(ii) if the applicant is reestablishing
service discontinued for delinquency, the
amount which is three times the greatest
amount delinquent; and
o
(iii) the applicable minimum amount established
by the Council for the type of
application in question.
(d) In addition to the foregoing deposit, the applicant
must pay any delinquent amount for services previously
rende;red at the same :prerrii'ses if: .,
(i)I' the! per.son! owi ng: -the' de] inquent amount
will r.eceive the benefit of the services
appl fed for,'
, ,
; )
~'1 ~ : ~ . l-"
(i i) the app 1 i cant: and- the:person owi ng the
delinquency -are the same person 'or are
acting i nconcert; 'or .- :
( i i i ) the! ia;pp N Gant ;i s otherwise :not a bona
'fMenew app 1 ;;cant 'sepa,ratefrom the
person owing the delinquency.
i . .' . ~ 1
(e) An applicant for temporary water service must pay,
in addition to all other charges and deposits, the temporary
connection charge 'established' by the Council. ',:
Section 2. Until difference minimum deposits are established by
the Council, the following shaH apply:
[J
\ .
1:
:, 2
. ~_.",,,., ,,~-..
132
Type of Application
Minimum Deposit
, 'I"
Single~family residence; owner is sole
applicant or co-applicant
Single-family residence; owner does not
join in the application
$ 60
$ 90
$ 120
Premises other than single-family residences
Section 3. This ordinance applies to each application made
on or after the effective date of this ordinance.
Section '4. Section 23-22 of'the Code of Ordinances of the City of
West University Place, Texas is repealed.
Section 5. All ordinances and parts of ordinances in conflict
herewith are) hereby repealed to the extent of the conflict only.
Section 6. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person-or circumstance, sha'l1 ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such 'word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or ci rcumsta-nces ' shall not be affected thereby.
Section 7. 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 Open
Meetings Law, TEX. REV. CIV;'STAT. ANN. art. 6252-17, 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 ,8. This Ordinance shall take affect immediately upon its
final passage and approval by the Mayor.
PASSED AND APPROVED ON FIRST READING this 22nd day of
December, 1986.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers Higley,
Bryan, Schwartzel
Councilmembers Voting No:
None
Councilmembers Absent: Councilmember Cummings (resigned)
3
:
I '
I '
'--.-J
,-I
J
'I
I
I
! I
'------.J
133
PASSED AND APPROVED ON SECOND READING this l2tb day of January,
1987. -
Councilmembers Voting Aye:
Councilmembers Voting No:
Mayor Parks, Councilmembers Higley,
Bryan, Schwartzel
None
Councilmembers Absent: Councilmember Cummings (resigned)
ATTEST:
Audrey Nichols, City Secretary
(SEAL)
[
Approved as to Form:
James L. Dougherty
City Attorney
[!
Michael L. Parks, Mayor
4