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HomeMy WebLinkAboutORD 1981-013 ORDINANCE NO. 81-13 AN ORDINANCE AMENDING GRAPEVINE CITY CODE, CHAPTER 25 , SECTION 37 & 38 , RELATING TO A PENALTY & DISCONNECTION FOR DELINQUENCY; PROVIDING A PENALTY, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EMERGENCY r BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section 1. That Grapevine City Code, Chapter 25 , Sections 37 & 38 are hereby amended to read as follows : Section 25-37 Payment Due All charges for services furnished or rendered by the City under this chapter shall be due and payable on the date stamped on the bill, and if not paid within ten (10) days after the same become due and payable, a penalty of ten (10) percent of the gross bill, but no less than three dollars ($3. 00) shall be added thereto on the next bill. Section 25-38 Disconnection for Delinquency; Penalty; Reconnect Fees Services to any customer in the event that any month' s charges shall remain delinquent and unpaid at the time of a subsequent billing, the user or customer with said delinquent account shall receive a Delinquent Notice to be mailed not later than ten (10) days after preparation of the second or subsequent billing. Services will be discontinued if not paid or other disposition made within ten days (10) of the date of the Delinquent Notice. Unless a dangerous condition exists or the public health is threatened as determined by the Public Works Director or Code Enforcement Officer after notice to the City Manager or unless the customer requests disconnection, service shall not be discontinued on a day, or on a day immediately preceding a day, when personnel of the City of Grapevine' s Water Department are not available to the public for the purpose of making collections and re- connecting service. Services shall not be continued or reconnected to any customer until all current and delinquent charges , plus the 10% penalty, plus an additional seven dollars and fifty cents ($7 . 50) to cover the cost of disconnecting and reconnection of service. The City Manager shall appoint a City Utility Hearing Officer who shall serve in that capacity at the pleasure of the City Manager. The City Utility Hearing Officer shall be empowered to resolve billing errors and any discrepencies in advance of any scheduled date of service termination. Any user or f customer shall be entitled to a pretermination hearing � before the Utility Hearing Officer prior to the cutoff date specified in the delinquent notice. It will be the duty of ; the Utility Hearing Officer to determine that customers are not overcharged or charged with services not rendered. Section 2. Penalties . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof , shall be fined $1. 00 to $200. 00. Section 3. Severability Clause. If any section, sentence, phrase, word, paragraph, or provisions of this ordinance or the application of that section, sentence, phrase, word, paragraph, or provision to any person, situation or circumstances is for any reason adjudged invalid, the adjudication shall not affect any other section, sentence, phrase, word, paragraph, or provision of the Grapevine City Code. The City Council declares that it would have adopted the valid portions and applications of this ordinance without the invalid part, and to this end the provisions of this ordinance are declared to be severable. Section 4 . Emergency Clause. 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 public business property, health, safety, and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so obtained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of March, 1981. APPROVED: Mayo ATTEST: City Secr tary APPROVE AS TO FORM AND LEGALITY: City Attorney I 1 �.