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HomeMy WebLinkAbout2012-3416 - Ordinance - 05/24/2012 ORDINANCE NO. 20/2- 3V/4 AN ORDINANCE AMENDING CHAPTER 11, "UTILITIES" BY AMENDING SECTION 11 -1 "GENERAL PROVISIONS ", SECTIONS B — D AND K OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW; 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 the Code of Ordinances of the City of College Station, Texas CHAPTER 11, "UTILITIES" BY AMENDING SECTION 11 -1 "GENERAL PROVISIONS ", SECTIONS B — D AND K, be amended as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter 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) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this Z yday of Atat , 2012. APPROVED: Mayor ATTEST: City Secre 4 APP OVED: . City Attorney Utilities Ordinance Amendment Page 2 EXHIBIT "A" That the Code of Ordinances of the City of College Station, Texas CHAPTER 11, "UTILITIES" SECTION 11 -1 "GENERAL PROVISIONS ", SECTIONS B — D AND K be amended and are to read as follows: B. Deposits and Administrative Charges for utility service. (1) Administrative Charges. Any person desiring utility service from the City of College Station, Texas, shall be required to pay an administrative charge covering the cost of labor for the connection of utility service. (2) Deposits. Deposits will be required from all customers, unless they are exempt from such deposit. C. Residential Service. (1) Deposits required. Residential customers shall make a deposit in the amount of one and one half (1 %2) times the estimated average monthly bill for their service location for the preceding year. (2) Deposit Exemptions (a) The owner of the location is exempt from a deposit, unless the account is paid late more than two (2) times in a twelve (12) month period or the account is disconnected for nonpayment. (b) Any customer that enrolls in Auto Pay, unless there is a returned payment. (3) Deposit Returned. Residential customers who have twenty four (24) consecutive months of service with not more than two (2) late payments may request that the deposit be returned to them by the City. The deposit will be applied to their utility account. A subsequent failure to maintain a good payment history shall be deemed as just cause to require a subsequent cash deposit. D. Commercial and Industrial Customers. (1) Deposits Required. Any commercial or industrial customer shall make a deposit with the City in an amount sufficient to cover the average utility bill for a two -month period. An average of the locations last twelve (12) monthly bills, or an estimate of the annual bill amounts shall be used in computing the minimum deposit. Such deposit may be made in the form of cash, the pledging and assignment of a certificate of deposit, a valid non - documentary bank letter of credit, or placement of a surety bond with an insurance company licensed to do business in Texas, with the best bond rating as accepted by the City. (2) Deposit Exemptions. Commercial and industrial customers who provide an acceptable Utilities Ordinance Amendment Page 3 letter of credit from a previous utility company showing at least twenty four (24) months of service with no late payments, no returned checks and no disconnects for nonpayment in the most recent twelve (12) month period will be exempt from deposit. Failure to maintain a good payment record shall be deemed as just cause to require a deposit as outlined in paragraph (1) of this subsection. (3) Deposit Returned. Commercial and industrial customers who have twenty four (24) consecutive months of service and have no late payments in the last twelve (12) months may request that their deposit be released by the City. A subsequent failure to maintain a good payment record shall be deemed as just cause to require a deposit as outlined in paragraph (1) of this subsection. K. Disconnection and Reconnections. (1) When Utility Connections may be Severed. (a) All utility connections may be severed for any customer who fails to pay all or any part of his total bill by the due date. (b) Any person found to be in violation of any section of the chapter shall be served a written notice stating the nature of the violation. The City is authorized to immediately disconnect the offending person's service upon such notice and to not reconnect the service as long as the violation continues. (2) Restoration of Services. (a) When connections for services have been severed, or are considered to be severed, the same shall be restored only when all amounts past due to the City have been paid in full. 1. A twenty -five dollar ($25.00) delinquent fee will be charged on each residential account. 2. A one hundred fifty dollar ($150.00) delinquent fee will be charged on each commercial account. (b) All connections, reconnections and disconnections shall be made only by an authorized representative of the City.