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HomeMy WebLinkAboutItem 04 - Code AmendmentsITEM of .—NM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: MARCH 1, 2005 SUBJECT: AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15, OFFENSES AND MISCELLANEOUS PROVISIONS AND CHAPTER 25, UTILITIES RECOMMENDATION: City Council to consider approval of an ordinance amending the Code of Ordinances by amending Chapter 15, Offenses and Miscellaneous Provisions and Chapter 25, Utilities and Services relative to wastewater rates and water rates. BACKGROUND: This ordinance will modify some provisions of Chapter 15 and Chapter 25 of the Municipal Code of Ordinances. The provisions added or changed are as follows: Chapter 15 Section 15-48. Increases the non -sufficient funds (NSF) charge for bounced checks from $15.00 to $20.00. It further expands the instruments upon which an NSF charge or service charge may be assessed to include debit or credit card payments, on-line payments, automated clearing house payments, any internet based payment (even if due to incorrect information being submitted to the City), or other electronic transaction that may result in insufficient funds transfer, excluding City staff error or omission. Chapter 25 Section 3. Multi -family (apartment) deposits are clarified as a $40.00 deposit per dwelling unit. The original intent of the deposit requirements was for apartments to pay $40.00 per dwelling unit. It was recently brought to our attention that the ordinance was not clear in this regard. This change will clearly establish the deposit amount for new customers at $40.00 per dwelling unit. Commercial accounts/sprinkler systems: The current ordinance has no deposit amount for commercial account sprinkler systems. The amendment establishes a $40.00 deposit for our commercial sprinkler systems. Section 4 (A). The old ordinance does not clearly state that if a customer does not receive a bill from the City for utility services, that the bill is not forgiven or waived. The new provision clarifies that non -receipt of a bill is no excuse for non-payment. February 22, 2005 (3:43PM) Section 4 (B). This is a new provision which sets customer liability for overdue accounts for up to one year (365 days prior to the agreed date of claim settlement). These provisions are considered housekeeping items to clarify changes and authority for treatment of utility deposits and payment issues. Staff recommends approval. WAG/cjc H:AGMCodeofOrdUtilities3-1-2005 February 22, 2005 (10:18AM) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 OFFENSES AND MISCELLANEOUS PROVISIONS RELATIVE TO UNPAID RETURNED CHECKS; CHAPTER 25 UTILITIES AND SERVICES RELATIVE TO WASTEWATER AND WATER RATES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine operates water and wastewater utilities for the benefit of the of the public; and WHEREAS, the City Council previously adopted Chapter 15 and Chapter 25 of the Code of Ordinances, and any amendments thereto; and WHEREAS, the City Council wishes to amend Chapter 15 and Chapter 25, and deems such amendments to be in the best interests of and necessary to protect the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 15 Offenses and Miscellaneous Provisions, Article IV, Section 15-48 Service Charge on returned checks for non -sufficient funds, is hereby amended in its entirety and replaced as follows: "Article IV — Fee for unpaid returned checks and for all other unpaid or underpaid transfers via electronic payment instruments. Section 15-48. Service charge on returned checks for non -sufficient funds and for all other unpaid transfers via electronic payment instruments. There shall be a service fee of twenty dollars ($20.00) per occurrence for all checks, drafts, debit or credit card, on-line payments, automated clearing house, internet processes, or other electronic transmissions or instruments tendered to the City as payment for amounts owed to the City which are returned unpaid or underpaid, incorrect information submitted electronically or submitted through the city depository as uncollected funds, excluding depository or city staff error or omission." Section 3. That Chapter 25 Utilities and Services, Article 11. Water and Sewer, Section 25-36 (d) is hereby amended to read as follows: "(d) Deposit table. Deposits whether in the form of a cash deposit, cash bond or if billed on the first month's bill of service, shall be equal to the rates shown in the following table: *Single-family residential minimum ....................................................... $50.00 Multifamily (apartments)(payable on a per dwelling unit basis) .........40.00 Industrial, minimum ............................................................................... 230.00 3/4 -inch construction meter ..................................................................... 125.00 2 -inch construction meter ..................................................................... 750.00 Master deposit account ......................................................................... 250.00 Commercial account/sprinkler systems (per meter) .........................40.00 *Only one deposit shall be required when more than one meter is installed at a single-family residence." Section 4. That Chapter 25 Utilities and Services, Section 25-37 When Payment Due, of the Grapevine Code of Ordinances is hereby amended to read as follows: "A. All bills of water and/or sewer and/or refuse service by the city shall be due when rendered and shall be payable not more than 20 days from the date the water and/or sewer and/or refuse service bill is mailed by the water and sewer department with the United States postal service. A bill for utility service is delinquent if unpaid by the due date. The issuance date on the bill shall constitute proof of the date of issuance. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next workday after the due date. Failure to receive a bill for water and/or sewer and/or refuse service shall not constitute a waiver of charges or forgiveness of charges for services rendered. B. Pursuant to Section 11.13 of the City Charter, City staff is authorized to remit charges due and owing under this section if such charges are delinquent for a period of greater than one year (365 days)." Section 5. The effective date for these amendments shall be the date of passage by the City Council, and all customers shall be billed under the new rates for usage commencing said date. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares ORD. NO, 2 it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of March, 2005. ATTEST: APPROVED AS TO FORM: ORD. NO. 3