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