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HomeMy WebLinkAboutORD 1457 - ORD Relating to Billing Water and Sewer ORDINANCE NUMBER 1457 AN ORDINANCE RELATING TO BILLING FOR WATER, SEWER, AND RELATED ITEMS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 23-71 of the Code of Ordinances of the City of West University Place, Texas (entitled "Billing, payment of rates; penalties for non-payment") is amended to read in its entirety as follows: I I Sec. 23-71. Billing, payment of rates; charges and termination for nonpayment. (a) Frequency, date due. All consumers of water,sewer~ garbage collection services and related items shall be billed monthly for services rendered. All bills shall be due and payable upon presentation and shall become delinquent on the twenty-first day following the date mailed. (b) Late Fee. If a bill becomes delinquent, there is a one-time additional fee of ten (10) percent of the amount due. (c) Returned checks. If any check (or other instrument) is returned unpaid for any reason, there is an additional fee of fifteen dollars ($15.00). [I I I (d) Partial Payment. If a partial payment is made, the amount shall be applied in the following order, to the extent that the payment allows; (i) any additional fees and charges then due (i.e., late fees, returned check fees, etc.), (ii) the oldest regular charges then due, (iii) the current garbage fee, (iv) the current streetlighting fee, (v) the current sewer charges, (vi) the current water charges, and (vii) any other fees and charges. II \ II i ' (e) Discontinuation of service. If a bill becomes delinquent, the City may give notice that water and sewer service are proposed to be discontinued. The notice shall provide an opportunity for a hearing before discontinuation. The City Manager (or other person designated by the City Manager) is hereby authorized: (i) to hear such matters and (ii) to correct or adjust any bill which is mistaken. After the opportunity for the hearing, and if the delinquency is neither corrected nor resolved, the City may discontinue water and sewer service without further notice. If water and sewer service are discontinued, the consumer's deposit shall be applied against the delinquency. Any Ordinance No. 1~57 II I, II I amount in excess of the delinquency shall be refunded to the consumer. ^ny insufficiency in the deposit shall be billed to the consumer. 'I , Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. I, , :1 Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or drcumstance, 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. II I II I I Section~. 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 Act, 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. I' I Section 5. This ordinance shall become effective immediately upon adoption and signature. This ordinance applies to all discontinuations of service on or after its effective date and all bills mailed on or after April 15, 1993. II ,I I! PASSED AND APPROVED ON FIRST READING, this A;;?~ day I of y{:r; ('-'/cJ ,1993. Voting Aye: Voting Nay: Absent: PASSED AND APPROVED ON SECOND READING, this ~~ DAY OF ~k..t! ,1993. 'I I Voting Aye: Voting Nay: Absent: II II Ordinance No. 1457 Signed: ~~~J ATTEST: ~:~: James L. Dougherty City Attorney '-41"~ cvk,J /i ..-- I, ft ,- I c?t:wb.-<:-L..--- ! Kay H lloway c1 I City Secretary I II I,