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HomeMy WebLinkAbout2021-4283 - Ordinance - 08/12/2021ORDINANCE NO. 2021-4283 AN ORDINANCE AMENDING CHAPTER 40, “UTILITIES,” ARTICLE I, “IN GENERAL,” SECTIONS 40-2, 40-5, 40-8, 40-9 AND 40-10 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO UTILITY METERS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 40, “Utilities,” Article I, “In General,” Sections 40-2, 40-5, 40-8, 40-9 and 40-10 of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2021-4283 Page 2 of 6 PASSED, ADOPTED and APPROVED this 12th day of August, 2021. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2021-4283 Page 3 of 6 EXHIBIT A That Chapter 40, “Utilities,” Article I, “In General,” Section 40-2, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40-2. – Fines, penalties and charges. (a) Any customer or person who violates or fails to comply with a provision of this chapter shall be punished as provided in Section 1-7. (b) In addition to any criminal or civil fines or penalties a customer or person is subject to all actual costs, including but not limited to administrative, time, labor, equipment, materials, engineering and contractor fees the City incurs for remediation of the damage caused by a failure to comply or a violation of this chapter, including meter tampering. (c) A customer or person is subject to all reconnect fees, including fees related to violations, failing to comply or meter tampering violations, if any utility service is disconnected because of a failure to comply or a violation. That Chapter 40, “Utilities,” Article I, “In General,” Section 40-5, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40-5. - Deposits and administrative charges for utility service. (a) Administrative charges. Any person desiring utility service from the City shall be required to pay an administrative charge covering the cost of labor for the connection of utility service. (b) Deposits. Deposits will be required from all customers; unless they are exempt from such deposit. (c) Other Utility Bill Charges. A person or customer found violating any portion or provision of this chapter may be invoiced by the City through the utility bill for any reasonable related costs, charges, fees or penalties related to any violation. ORDINANCE NO. 2021-4283 Page 4 of 6 That Chapter 40, “Utilities,” Article I, “In General,” Section 40-8, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40 – 8-Meter Access and Standard Meter. (a) Adequate Access. The provision of utilities is a contract entered into by the City and its customers. The customer shall provide access to meters for reading and service; and in view of that fact, no authorized City representative shall be denied access to meters. Adequate access is a condition precedent to the receipt of utility service from the City. Access is also a requirement of continued service. Failure to provide access shall be the basis for termination of service. For the purposes of this section, the term "adequate access" is defined as the ability of an authorized City representative to get to a meter without visual aids and without the presence of the customer. Adequate access also requires the authorized City representative to be able to get to a meter without threat of bodily injury. (b) Failure to Provide Access. If an authorized City representative determines there is not adequate access, the representative will so notify the property owner by tagging the door of the premises. The representative will tag the premises no more than on three separate occasions. Utility usage will be estimated during these billing periods. On the fourth occasion if access is denied, the City will notify the customer in writing, by certified letter, giving the customer ten days to provide access. Failure to come into compliance within the ten-day period shall be grounds for termination of service If the customer has not come into compliance within ten days, the customer will be charged the actual cost of disconnection and reconnection of service whether or not service is actually terminated. (c) Standard Meter. The City will prescribe and install at its sole discretion, the type, brand, and model of utility meter as a condition of utility service. The utility meter is the City’s property and not the customers. No person or customer may option out of the City’s standard meter for any utility. If a person or customer refuses the City’s standard meter the City will not provide utility service. ORDINANCE NO. 2021-4283 Page 5 of 6 That Chapter 40, “Utilities,” Article I, “In General,” Section 40-9, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40-9. – Meter Tampering; Certain conduct affecting water meters prohibited. (a) Meter Tampering. Unless written permission is first obtained from the City, it shall be unlawful for any person, other than the City’s authorized representative or a College Station Utilities employee to knowingly, intentionally, or otherwise tamper with a meter by: (1) Tapping onto or connecting to or causing to be tapped onto or connect to any pipe with any water distribution main or line owned by the City; (2) Disconnecting or causing to be disconnected any such water meter from any such water distribution main or line owned by the City; or (3) Removing or causing to be removed the cover from any such water meter. (b) Violation. A violation of any portion or provision of this section shall constitute prima facie evidence against the person having subscribed for water service or the person having the custody, control, or management of the building, room, or place for which such subscription is made. ORDINANCE NO. 2021-4283 Page 6 of 6 That Chapter 40, “Utilities,” Article I, “In General,” Section 40-10, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40-10. – Meter Tampering; Certain conduct affecting electrical meters prohibited. (a) Meter Tampering. It shall be unlawful for any person, other than the City’s authorized representative or a College Station Utilities employee, City Building Official or designee or Firefighter, to knowingly, intentionally, or otherwise tamper with a meter by: (1) Removing or causing to be removed any City electrical meter from any electrical meter terminal box; (2) Removing or causing to be removed the cover or any other part or portion from any such meter or terminal box, or loosening or causing to be loosened any part or portion; (3) Inserting or causing to be inserted any foreign object or injecting or causing to be injected any foreign substance into any meter or terminal box; (4) Making or causing any adjustment in the mechanism of any meter or terminal box; (5) Tapping onto, connecting to, or causing to be tapped onto or connected any wire to the supply conductor of any terminal box; (6) Denying access at any time to any meter by enclosing the meter within a fence without available means of access, or by enclosing the meter within any structure; or (7) Denying access at any time to any meter by harboring aggressive, dangerous, or threatening animals in the meter’s vicinity. (b) Defense to prosecution. In the prosecution of any offense charged under Subsection (a) of this section, it shall be an affirmative defense to prosecution if meter was removed for the purpose of protecting life or preserving property from being immediately threatened by a fire on the premises served by the meter; that the meter was removed for the purpose of preventing a fire to the structure it serves due to short circuiting in the electrical conductor between the terminal box in which the meter was housed and a main line switch or fuse box; or that such meter was removed by a duly licensed electrician to facilitate the repair of defective electrical conductor or for checking supply voltage, and at a time when a College Station Utilities employee or authorized City representative was not available to remove the meter. (c) Removal by licensed electrician. In the event of the removal of any electrical meter by a duly licensed electrician under the circumstances enumerated in Division 1 of Article III of this chapter, the fact of such removal and the circumstances permitting the same must be reported to the College Station Utilities Electric Division Superintendent by such electrician not later than one hour after the commencement of the workday of such municipal employee following such removal. (d) Violation. A violation of any portion or provision of this section shall constitute prima facie evidence against the person having subscribed for electric service or the person having the care, custody, control, or management of the building, room, or place for which such subscription is made.