HomeMy WebLinkAboutOrdinance - 2001-O0044 - Amending Chapter 28 Of The Code Of Ordinances 28-24 And 28-57 Payment Deadline - 06/14/2001First Reading
June 14., 2001
Item No. 22
Second Reading
June 26., 2001
Item No. 18
ORDINANCE NO. 2001-00044
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS 28-
24 AND 28-57 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS,
BY AMENDING THE PAYMENT DEADLINE FOR WATER BILLS,
PROVIDING FOR INTEREST ON OVERDUE BILLS AND INCREASING THE
RECONNECTION CHARGE FOR ACCOUNTS DISCONNECTED FOR
FAILURE TO PAY FOR WATER SERVICE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
WHEREAS, pursuant to Section 28-24 of the Lubbock Code of Ordinances it has
heretofore been provided that any consumer of the City that has had their water service
disconnected for failure to pay for water service within the fifteen (15) days proscribed in
Section 28-57 and after affording themselves of all process due as proscribed in Section
28-24 and who has subsequently paid all past due and delinquent charges for water
service to the City and who desires to reconnect their water service has been required to
pay a reconnection charge of six dollars ($6.00) during normal working hours and fifteen
dollars ($15.00) outside of normal working hours;
WHEREAS, pursuant to Section 28-24 of the Lubbock Code of Ordinances it has
heretofore been provided that an additional fifty dollars ($50.00) shall be paid when
water service has been disconnected at the corporation to prevent unauthorized usage;
WHEREAS, pursuant to Section 28-57 of the Lubbock Code of Ordinances it has
heretofore been provided that the bill for the rates and charges for water service provided
by the City of Lubbock's water utility shall be due and payable fifteen (15) days after
issuance;
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 increase the time period for consumers
to pay for water service provided by the City from fifteen (15) days to twenty-one (21)
days;and
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 increase the amount charged for
reconnection of water service disconnected for failure to pay for water service for all
classes of consumers from six dollars ($6.00) during normal working hours and fifteen
dollars ($15.00) outside of normal working hours to forty-four dollars ($44.00) during
normal working hours and fifty-seven dollars ($57.00) outside of normal working hours;
and
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 authorize the City Manager, or his
designee, the authority to change and alter the reconnection fees, annually, as economic
conditions require and as authorized by Section 1-10 of the Code of Ordinances, City of
Lubbock, Texas;
NOW THEREFORE:
SECTION 1: THAT section 28-24 of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
Section 28-24. Discontinuance and restoration of service.
(a) Every user or consumer of the city's water utility system
shall pay matured rates and charges for water consumption as provided in
Section 28-57 of this Chapter. Notice and opportunity for hearing will be
given persons disputing the amount of such rates and charges. In the event
same are not so paid, it is hereby made the duty of the director of water
utilities to disconnect water service unless said user or consumer has
appeared and shown substantial reason why such action should not be
taken. Any consumer that fails to pay a mature and due water bill as
provided by Section 28-57 shall also be subject to the simple interest
provisions provided therein.
(b) Whenever the amount past due and delinquent is paid by
such user or consumer, such service may be resumed, but there shall be
charged and collected a reconnection charge of forty-four dollars ($44.00)
for reconnection during normal working hours and fifty-seven dollars
($57.00) for reconnection outside normal working hours. Normal working
hours is 8:00 a.m. to 5:00 p.m. on weekdays excluding city holidays. The
city manager, or his designee, shall have the authority to amend or alter,
annually, the reconnection fee provided herein, as economic and business
conditions require, subject to modification by the mayor and City Council
and subject to Section 1-10 of the Code of Ordinances, City of Lubbock,
Texas. Such service shall also be disconnected when a user or consumer
fails to pay for electric service rendered by the city.
( c) Where wafer is cut off from any consumer on account of
nonpayment for water service furnished, the water department shall not
permit water to be again furnished to the consumer at the same premises,
or to the consumer at any other premises within the City, until the full
amount delinquent shall have been paid.
SECTION 2: THAT section 28-57 of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
Section 28-57. When bills due and payable.
(a) All bills for water consumed shall be due and payable twenty-
one (21) days after issuance. Simple interest of five (5) percent shall be
charged to any consumer that fails to pay his bill after twenty-one (21)
days from issuance. The five (5) percent interest on late payments shall
apply to all classes of consumers served. Provided, however, that this
section shall be subject to Chapter 182, Subchapter A of the Texas
Utilities Code, "Payment of Utility Bill for Elderly Individual."
(b) As used in this article, date of issuance shall mean the date
when a bill is placed in the United States Mail properly addressed to the
consumer.
SECTION 3: THAT the City Council finds and declares that sufficient written
notice of the date, hour, place and subject of this meeting of the Council was posted at a
designated place convenient to the public at the City Hall for the time required by law
preceding this meeting, that such place of posting was readily accessible at all times to
the general public, and that all of the foregoing was done as required by law at all times
during which this Ordinance and the subject matter thereof has been discussed,
considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice and
the contents of posting thereof.
SECTION 4: THAT should any paragraph, sentence, clause, phrase, or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 5: THAT the City Secretary is hereby authorized and directed to
cause publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
AND IT IS SO ORDERED
Passed by the City Council on the first reading on this 14t:h day of _____ _
____ J_un_e _____ ~ 2001.
Passed by the City Council on the second reading on this 26t:h day of _____ _
____ J_un_e _____ ~• 2001.
ATTEST:
£~c-~,
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
w L. Wade, Assistant City Attorney