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Home My WebLink AboutOrdinance No. 91-09 ORDINANCE N0. 91-9 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 18 .OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY STRIKING THEREFROM ALL OF SUBSECTION (b) OF SECTION 18-9 AND SUBSTITUTING THEREFOR A NEW SUBSECTION (b) , BY STRIKING ALL OF SECTION 18-12 AND SUBSTITUTING THEREFOR A NEW SECTION 18-12, AND BY ADDING A NEW SECTION 18-13; PROVIDING FOR THE ESTABLISHMENT OF A SEVENTY-FIVE DOLLAR ($75.00) SECURITY DEPOSIT FOR WATER, SEWER, AND/OR GARBAGE COLLECTION SERVICES; PROVIDING CONDITIONS FOR THE RETURN OF SECURITY DEPOSITS; PROVIDING FOR ALTERNATE METAODS OF DETERMINING AMOUNTS OF SECURITY DEPOSITS FOR � MULTI-USERS ; PROVIDING FOR THE ESTABLISHMENT OF SERVICE FEES FOR RETURNED CHECKS ($15.00) , DISCONTINUANCE AND RESTORATION OF WATER, SEWER, OR GARBAGE COLLECTION SERVICE ($25.00) , LATE PAYMENT OF WATER, SEWER, AND GARBAGE GOLLECTION BILLS (10% PER MONTH OF UNPAID BALANCE) , UNAUTHORIZED CONSUMPTION AND/OR TA,.'�1PERING (ACTUAL COSTS BUT NOT LESS THAN ($40. 00) , AND TESTING OF WATER METERS (ACTUAL COST FOR ALL TESTS IN EXCESS OF ONE PER CALENDAR YEAR) ; PROVIDING FOR DISCONTINUANCE OF WATER SERVICE UPON FAILURE TO PAY FOR WATER, SEWER, OR GARBAGE COLLECTION , SERVICES OR SERVICE FEES AS SET FORTH HEREIN; AND PROVIDING FOR SEVERABILITY. � � X 9r 'c BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The Code of Ordinances of the City of Friendswood, Texas , is hereby amended by striking all � of Subsection (b) of Section 18-9 of Article I of Chapter 18, which provides as £ollows : [ (b) Right to refuse service: The governing body in its discretion at any time may refuse to furnish or to continue furnishi_ng any water from the waterworks system of the city to any such premises or at any such place. ) and substituting therefor_ the following: (b) Discontinuance of Service For Nonpayment: The �ty anager may irect t e iscontinuance o water, sewer, and/or garbage collection service to any_ customer o t e City upon t e ai�ure o any suc customer to remit to t e i�t mely rayment or water, sewer, or ar a e col ect on servi ces, or to t me remit to t e ity a servi ce ee assesse pursuant to t is apter. rovi e , owever, in no event s a any suc service e iscont nue unt notice o ntent to o so s serve u on suc customer at east ten a s rzor to t e ate suc servi ce s ro ose to e iscont nue . uc notice s a contain t e wor s terminat�on notice or s mi ar an ua e prominent is a e on t e notice. e not ce s a ap rise t e customer o an o cer or emp oyee o t e ity to w om rect in uir es re arc�'zn pa ment . may e made, or to w om suc customer may resent evi ence o error in t e �usti icat on or t e ropose iscont nuance o service. e o �ce a dress an te ep one num er o suc o icer or emp oyee s a e inc u e in t e notice. uc notice s a e eeme�en y depositing same as irst class matter in t e �nite States mai , postage prepa� , y an e ivery, or y ostin same at a conspicuous location on t e property where t e service is provi e . otwit stan in t e ore oin,i�delivery o suc notice is y ma�l and t e tent t ay o owing_ t e epos�iting o same �a s on a aturday, a un ay, or a legal state or nationa o i ay, suc service s a not e iscontinue unti t e irst wor ing ay o owing• suc atur ay, un ay, ar ega state or nat ona o i ay. Section 2. The Code of Ordinances of the City of Friendswood, Texas , is 'nereby further amended by stri_king therefrom all of Section 18-12 of Article I of Chapter 18, which provides as follows : [Sec. 18-12. Security deposits. (a) Security deposits for water, sewer, and/or_ garbage collection service or services : (1) Inside corporate limits : Structures with one (1) unit through five (S) units - fifty dollars ($50. 00) each unit. Structures wit'n six (6) or more units - two hundred fifty dollars ($250. 00) , plus thirty -�- dollars ($30.00) for each unit in excess of five (5) units. (2) Outside corporate limits : Structures with one (1) unit through five (S) units - sixty dollars ($60.00) each unit. Structures with six (6) or more units - three hundred dollars ($300. 00) , plus thirty dollars ($30. 00) for each unit in excess of five (5) units. � (b) Funds submitted to the city as a security deposit shall be returned to the customer after the expiration of one year from the date such deposit is made ; provided, that such customer seeking a refund � has not been delinquent on a payment for water, sewer and/or garbage collection for the preceding one-year period. The city may waive the requirement of a security deposit for new customers as set forth herein upon receipt of evidence that such customer has not been delinquent in the payment of water, sewer and/or garbage collection services during such preceding one-year period to the suppliers of such services . In addition, new customers with prior history with the city within the preceding five (5) years who were not delinquent on payments for water, sewer and/or garbage collection services may also have such security deposits waived. ] and substituting therefor the following: Sec. 18-12. Security deposits. (a) Security deposits for water, sewer, and/or arbage collection service or services shall be as 0 ows : (1) Structures with one (1) unit throu�h five 5 units - sevent - ive dollars 75. eac unit. (2) Structures with six (6) or more units - three hundred sevent -five dollars , p us orty- ive o ars or eac unit in excess o ive un ts. (3) Builders, Realtors, or other temporary multi-property customers may ost a blanket . stanTing deposit o��ive undred dollars or up to ten accounts . -3- more than ten (10) accounts are activated t e ty may requ re a itiona eposits. (b) Funds submitted to the City as a security depos� sha e returne to t e customer a ter t e ex iration o two years rom t e ate suc eposit is ma e; provi e , t at suc customer see ng _a _re un as not een e znquent on a ayment or water, sewer, an or ar age co ectzon or t e rece ing two-year erio e ity ma wa ve t e requirement o a secur ty e os t or new customers as set orr erein upon recei t o ev ence t at suc customer as not een e in uent in t e pa ment o water, sewer an or ar a�e co ect on services uring suc prece ing two- ear perio to t e su ers o suc servLCes. n a it on, new customers wit r or story wit t e ty w t n t e prece in ive ears w o were not e inquent on payments or water, sewer, an or gar age co ection servi ces may a so ave suc security epos ts waive . Section 3. The Code of Ordinances of the City of Friendswood, Texas, is hereby turther amended by adding to Article I of Chapter 18 a .new Section 18-i3 to provide as follows : Sec.18-13. Service Fees. The following fees are hereby established against ap�lica e persons to reim urse t e �ty or administrative costs incurred as a result o�tFie occurrences escr e : (a) Returned Checks. A fee of fifteen dollars ($15.�'j s a e assesse for eac returne c ec ; (b) Disconneets and Reconnects. A fee of twenty�ive o ars s a be assesse or eac isconnect reconnect o water an or sewer service or iscont nuance restoration o ar a e co ection servi ce un ess t e isconnect iscont nuance was per orme at no au t o t e customer; (c) Late Payment. An administrative fee equal to ten percent o of t e unpai a ance s a e assessed eac mont or delinquent water, sewer, and gar age co ectzon service ees ; {d) Unauthorized� Connection or Tampering. A service fee s a e assesse or t e consumption of, or ama�es resu ing rom, unau orize connec ion, -4- tampering, or theft of water, sewer, or garbage collection services in the amount of fort dollars us t e actua costs o t e servi ces consume an or actua costs o repazr o amages ; (e) Meter Testing. Each customer shall be entitle� to one 1 ree meter test each calendar ear. For a meter tests beyon once eac calen ar y_ear, a service ee e ua to t e actua c arge i e � e ven or or suc test s alI e assessed. Section 4. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this 4th day of February , 1991. PASSED, APPROVED, AND ADOPTED on second and final reading this 25th d�y of Februar , 1991. P u . Sc ra er Mayor ATTE . Deloris Archer, CM City Secretary -S-