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Home My WebLink AboutORD 1991-063 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 91-63 ��« AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ,,�,,, GRAPEVINE, TEXAS, AMENDING CHAPTERS 15 AND 25 OF THE GRAPEVINE CODE OF ORDINANCES - TO PROVIDE REGULATIONS GOVERNING THE USE OF CONSTRUCTION METERS BY AMENDING SECTION 15-48 RELATING TO FEES FOR UNPAID RETURNED CHECKS; SECTION 25-29 RELATING TO METERS-USE REQUIRED; SECTION 25-30 . 1 RELATING TO DEPOSITS FOR METER CERTIFICATION; SECTION 25-36(b) RELATING TO THE APPLICATION AND COST DEPOSIT FOR WATER, WASTE WATER AND REFUSE SERVICE;SECTION 25-38(C) RELATING TO PAYMENT OF PENALTY CHARGE; AND SECTION 25-39 RELATING TO WATER METER TRANSFER CHARGE; AND BY ADDING NEW SECTION 25-48 RELATING TO CUSTOMER REQUESTED RE-READ CHARGE; AND SECTION 25-49 RELATING TO AFTER HOURS SERVICE FEE; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500 . 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: �°� Section 1. That Chapter 15 of the Grapevine Code of � Ordinances, Article IV, "Fee for Unpaid Returned Checks" , Section 15-48 is hereby amended as follows : "Section 15-48 . Service charge on returned checks for non-sufficient funds . That there shall be a service fee of fifteen dollars ($15 . 00) per occurrence for all checks, drafts, or instruments tendered to the City as payment for amounts owed to the City which are returned unpaid through the City depository as uncollected funds, excluding any occurrence resulting from any documentable depository error or omission. " Section 2 . This Chapter 25 of the Grapevine Code of Ordinances, Article II, is amended as follows : A. Section 25-29 , Meters - Use reQUired, is hereby amended to read as follows : �� "All water furnished by the water department to its customers shall be measured by meters, the size and type of such meters to be determined by , �"`% the water department. It shall be unlawful for any person using water from the city water system without such water passing through the city water � meter or without such person having made arrangements with the water department for such use without a meter. " B. Section 25-30 . 1, Deposits for meter certification, is hereby amended to read as follows : "Whenever any water and/or sewer customer requests the testing of a wate� and/or sewer meter for accuracy, a cash bond or cash deposit in the amount of twenty-five dollars ($25 . 00) shall be filed with the water and sewer department . If the meter is determined to be defective, the deposit shall be credited to the customer ' s account . If the meter is determined to be accurate, the twenty-five dollar ($25 . 00) deposit for residential customers will be retained by the water and sewer department to recover administrative and service costs . Commercial and industrial accounts will be charged the actual , cost plus labor charges to certify the meter if the meter is determined to be accurate. The �'� twenty-five dollar ($25 . 00) deposit for commercial and industrial accounts will be applied to the ;��, certification charges . " C. Section 25-36(b) , Application and cost deposit for water, waste water and refuse service, is hereby amended to read as follows : " (b) Upon determination of the city water department, a sum of money equal to one and one-half (1-1/2) times the average monthly bill for the three (3) services for the size and type of customer may be required. The city water department shall have the authority to require an additional deposit if it is determined that the cash bond is inadequate to meet the one and one-half (1-1/2) times average monthly bill requirement . Failure to pay the water, sewer and refuse bill within the time allotted for payment shall be considered notice by the customer to discontinue services and to apply as much of the deposit as necessary to the satisfaction of the past-due bill . In such cases no service shall be � � renewed to any customer until all current and delinquent charges plus the ten (10%) per cent penalty or minimum of three dollars ($3 . 00) , plus � � an additional fifteen dollars ($15 . 00) shall have been paid. " ;,,� D. Section 25-38, c Payment of penalty charqes, is hereby amended to read as follows : "Services shall not be connected or re-connected to any customer until all current and delinquent charges , plus ten percent (10%) penalty, plus an additional fifteen dollars ($15 . 00) to cover the cost of disconnection and reconnection, and plus, where applicable, a thirty dollar ($30 . 00) after-hours charge to cover the increased costs of providing service during non-business hours, have been paid. " E. Section 25-39 , Water meter transfer charqe, is hereby amended to read as follows : "For water cutoff at one location and turn-on at another, the fee is fifteen dollars ($15 . 00) . " F. Section 25-48, Customer recruested re-read charae, is hereby amended, by the addition of this new section, to read as follows : ��-� "For a customer requesting re-reading of a water � meter the charge shall be ten dollars ($10 . 00) . If the re-reading proves that the monthly billing was incorrect due to a faulty reading, the ten dollar ($10) charge will be credited to the customer ' s account . " G. Section 25-49 , After hours service fee, is hereby amended, by the addition of this new section, to read as follows : "An additional fee of $30 . 00 will be assessed when service work is requested for non-business hours . " Section 3 . That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are repealed and of no force and effect provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have �� been disposed of by a final conviction or a finding of not guilty or nolo contendere, or dismissal . �� Section 4 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court, shall be fined in a sum not to exceed five hundred dollars ($500 . 00) and a separate �"' offense shall be deemed committed upon each day during or on which a violation occurs or continues . Section 5 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto is declared invalid 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 it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect . Section 6 . 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 inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF �,� GRAPEVINE, TEXAS, on this the 3rd day- of September , 1991 . � Mayor ATTEST: it Secret ry [Seal] APPROVED AS TO FORM: City Attorney � �