HomeMy WebLinkAboutOrdinance - 3587-1961 - Amending Section 34-24 Chpter 34 Of Code Of Ordinances - 09/14/1961AN ORDINANCE AMENDING SECTION 34-24, CHAPTER 34, OF THE COD
OF ORDINANCES OF THE CITY OF LUBBOC~ TEXAS, AFFIRl\.1ING THE
EXISTING PROVISIONS OF SAID SECTION AND TO REQUIREMENTS FOR APPLI
CATION FOR WATER SERVICE, AND ESTABLIS!D.NG THE CONTENTS OF SUCH
APPLICATION; AMENDING SECTION 34-25, CHAPTER 34, OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, CONCERNING DEPOSITS
PRIOR TO FURNISinNG OF WATER SERVICE, REPEATING THE EXISTING PRO
VISIONS OF SAID SECTION IN PART AND MAKING CHANGES CONCERNING
INTEREST RATE., AND ESTABLISHING A PERIOD FOR DEMANDS FOR SUCH
DEPOSITS AND PROVIDING FOR A MONTHLY SERVICE CHARGE ON DEPOSITS
UNCLAIMED WITlllN SUCH TIME; DIRECTING PUBLICATION• DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the failure on the part 6£ users of municipal water service to
claim the deposits made to acquire such service has resulted in many unnecessarYi
and costly accounting practices and policies; and~
WHEREAS, the indefinite carrying of such deposits after termination of
service by the depositor thereof is not in conformity with recommended accounting
practices and is an unnecessary and costly burden upon the citizens of the City of
Lubbock; and,
WHEREAS, the City Commission finds that an amendment of Chapter 34, of
the Code· of Ordinances., City of Lubbock1 Texas, to limit the time for re-claiming
such deposits would be in the best interests of the Citizens of the City of Lubbock;
and whereas, the City Commission finds that this Ordinance deals with the daily
operation of City Departments in the public interest which creates an emergency;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Sec. 34-24, Chapter 34 .. of the Code of Ordinances,
City of Lubbock, Texas, BE and the same is hereby amended to read hereafter in
full as follows, to-wit:
11Any person desiring to have his premises connected with the water suppl
of the city shall make application to the water superintendent on the form prescribed
by him, which application shall contain the name and description of the lot, block a!1 d
addition and official house number of the premises on which water is desired, the
purpose for which water is to be used and the number bf sinks and hose bibs, waten
closets and faucets on the premises to be connected with the water supply. The
·application shall also contain a provision that the signer thereof expressly accepts
acknowledges~ all and singular, the terms and provisions of the Charter of the Cit
of Lubbock, Ordinances,. Resohtions and motions passed by the City of Lubbock,
and all rules and regulations fixed and prescribed by the City of Lubbock, now in
effect, or which may be hereafter passed, which concern or relate to the manage-
ment, operation and protection of the municipal water system of the City of
Lubpock."
SECTION 2. THAT Sec. 34-25, Chapter 34, of the Code of Ordinances, City
of Lubbock, Texas, BE and the same is hereby amended to read hereafter in full
as follows, to-wit:
"Before any consumer may have water service from the city waterworks
he must deposit with the water department a reasonable amount as in the opinion
of the water department may be necessary, except·that no deposit shall be for an
amount less than five dollars. Provided, however, that departmental rules
approved by the City Commission may provide for waiver of deposit requirements
in cases of emergency or of temporary service where payment for the service is
otherwise assured. Such deposits shall bear no interest, end shall be refunded to
the depositor when he shall have discontinued the use of city water and shall have
paid all bills and accounts due the water department for any account whatsoever
connected with the water service or electric service, and shall return receipt. If
the receipt is lost, he must give security to the water department or furnish the
department satisfactory evidence of his right to receive the deposits. All demands
for refund of such deposits shall be made within ~ Y4f~s ( 2.~) months afte~
the date of discontinuance of water service, and deposits unclaimed within such
period shall be subject to such account service charges as may from time to time
be established by resolution or motion of the City Commission. ·This deposit is
required and made in the nature of a guarantee for the payment of water service
accounts or electric service accounts, and for damages to service connections or
II meters caused through neglectjt abuse or failure to properly care for the same by
the consumer or his agents, and the deposit or any part thereof may be applied by
the water department to the payment of any such account when it becomes past due.
This deposit shall not be made nor accepted in the nature of a prepayment, but
only as a guarantee. All demands for refunds of deposits or any remaining balanc
thereof shall in all cases without exception be made within five l5) yaars after iiis-
continuance of the services for which the deposit was IDriginally made. Failure
to pay the water bill or electric bill when due by the consumer is considered t;totic~
from the consumer to discontinue service and apply so much of the deposit as is
necessary for the payment oftl:ie_the.npast-due account. In case any deposit or any
1 part thereof shall have been applied inpayment of past-due accounts, no service
may be reestablished until the deposit shall have been broo.ght back up to the full
amount required. 11
SECTION 3. The City Secretary-Treasurer shall cause publication of this
Ordinance once a week for two consecutive weeks.
SECTION 4. The rule requiring an Ordinance to be read on two readings
before final pas sage is hereby suspended~ and this ordinance is declared to be an
emergency measure for the reasons set forth in the preamble hereof, to take
effect immediately after its passage.
AND IT IS SO ORDERED
1961.
Unanimously passed by the City Commission this 14t1l day of September
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y;z
Clly Attorney
ATTES'Vf) ~ ~h .. ---~~//~, ----------Lave~owe, City ecretary-Treasurer