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HomeMy WebLinkAboutOrdinance - 2019-O0144 - Amending 22.03.095 - Water Service Fees - 10/08/2019 First Reading Second Reading September 24, 2019 October 8, 2019 Item No. 7.6 Item No. 6.6 ORDINANCE NO. 2019-00144 AN ORDINANCE AMENDING SECTION 22.03.095 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK RELATED TO THE DISCONTINUANCE, SUSPENSION, REFUSAL OF WATER SERVICE AND RESTORATION OF WATER SERVICE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to amend the Code of Ordinances related to the discontinuance, suspension, refusal of water service and restoration of water service within the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. Section 22.03.095 of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: See. 22.03.095 Discontinuance, suspension, refusal of service, and restoration of service (a) The City of Lubbock Water Utilities may discontinue, suspend, disconnect or refuse to supply water to any consumer who fails to comply with section 22.03.089 of this chapter and/or section 28.10.053 of this code. Such water service shall also be disconnected when a consumer fails to pay for other utility services rendered by the city. (b) Every consumer of the city's water utility system shall pay charges for water consumption as provided in section 22.03.089 of this chapter. Notice and opportunity for hearing pursuant to this chapter will be given persons disputing the amount of such charges. In the event same are not so paid, the city shall disconnect water service unless said user or consumer has appeared and shown substantial reason why such action should not be taken. (c) If water service is disconnected or cut off due to nonpayment, the customer will be charged thirty dollars ($30.00) for the disconnection. Whenever the amount past due and delinquent is paid by such consumer, water service may be restored, but there shall be charged and collected a reconnection charge of thirty dollars ($30.00) for reconnection during normal working hours and forty-five dollars ($45.00) for reconnection outside normal working hours. Normal working hours are from 8:00 a.m. to 5:00 p.m. on weekdays, excluding city holidays. Water service shall also be disconnected when a user or consumer fails to pay for other city utility services rendered by or through the authority of the city. (d) If water service is disconnected or cut off due to nonpayment for any of the city utility services furnished,the water department shall not permit water service to be restored and turned on again for the consumer at the same premises,or to the consumer at any other premises within the city, until the frill delinquent amount shall have been paid. The full delinquent amount shall be defined as payment for both services rendered as required by ordinance and for any additional charges authorized by ordinance in order to disconnect or re-establish service including but not limited to equipment, labor and charges related to the repair of meters, curb stops, damaged boxes, and cutting at the corporation, street or alley repairs, or any other repairs and charges made necessary by the user's delinquency or tampering. (e) If water service is disconnected or cut off by the city at the corporation, the corporation being defined as the connection to the city main, the consumer will be charged three hundred dollars ($300.00) for the disconnection, and the consumer shall be charged an additional three hundred dollars ($300.00) for reconnection of service. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 3. THAT should any section,paragraph, sentence,phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on the _24th day of September , 2019. Passed by the City Council on second reading on the 8th day of October , 2019. DANIEI, M. POPE, MAYOR ATTEST: Rebe ca Garza, City ecce r 2 APPROVED AS TO CONTENT: Aubrey A. SPtllpl.-, Direc or of Water Utilities APPROVED AS TO FORM: my Sims Puy City Attorne 3