HomeMy WebLinkAboutOrdinance - 2024-O0138 - Amending Section 22.03.083, COL Code Of Ordinances - 10/22/2024First Reading
October 8, 2024
Item No. 7.11
Second Reading
October 22, 2024
Item No. 5.16
ORDINANCE NO. 2024-00138
AN ORDINANCE AMENDING SECTION 22.03.083 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK REGARDING DEPOSIT REQUIREMENTS
FOR UTILITY SERVICE AND EXCEPTIONS. THERETO; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR IMPLEMENTATION IN
ACCORDANCE WITH STATE LAW; AND PROVIDING FOR PUBLICATION.
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 Section 22.03.083 of the code of ordinances
of the city of Lubbock regarding deposit requirements for utility service and exceptions thereto;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 22.03.083 of the Code of Ordinances of the City of
Lubbock is hereby amended to read as follows:
§ 22.03.083 Deposit required; exceptions.
(a) The city shall require a deposit from any consumer of the city's water
system in order to obtain water service, in accordance with the following
terms and conditions:
(1) Water Utilities may require a deposit from a residential consumer in
an amount equal to $ one hundred fifty dollars ($150.00), as
determined by written policy of the Director of Water Utilities,
except as provided herein.
(2) A residential consumer may be exempt from the deposit requirement
if any of the following conditions are met by the consumer:
(A) The consumer provides proof to the satisfaction of
City of Lubbock Utilities (COLD), that during the
two years prior to applying for service from COLU,
the consumer was a customer of one or more of the
COLU services for at least twelve (12) consecutive
months; and
i) The consumer demonstrates adequate and
available credit, to the satisfaction of COLU
or,
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ii) The consumer is at least sixty-five (65) years
of age and has no outstanding account
balance for COLU services
(B) The consumer demonstrates adequate and available
credit, to the satisfaction of COLU, by producing
evidence of creditworthiness in the consumer's name
from a utility providing city service of whom the
primary consumer was a customer during the two
years prior to applying for Service from COLU, the
consumer was a customer of a utility providing
service, other than an energy provider for at least
twelve (12) consecutive months; and
i) While a customer, the consumer was not
delinquent in paying for any utility service on
more than one occasion; and while a
customer, the consumer never had any of the
utility services subject to interruption for
nonpayment; or
ii) The consumer demonstrates adequate and
available credit, to the satisfaction of COLU,
by producing evidence of creditworthiness in
the consumer's name from a utility providing
city service of whom the primary consumer
was a customer; or
iii) The consumer is at least sixty-five (65) years
of age and has no outstanding account
balance for utility service(s) including COLU
services that accrued within the last two
years.
(C) The consumer has been determined to be a victim of
family violence as defined in the Texas Family Code
§71.004, by a family violence center as defined in
Texas Human Resources Code § 51.002, by treating
medical personnel, by law enforcement personnel,
by the Office of a Texas District Attorney or County
Attorney, by the Office of the Attorney General, or
by a grantee of the Texas Equal Access to Justice
Foundation. This determination shall be evidenced
by submission of a certification letter developed by
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(3)
the Texas Council on Family Violence. The
certification letter may be submitted directly to
COLU.
A residential consumer who is exempted from the deposit
requirement under Section (a)(2) above may have the exemption
withdrawn and a deposit applied to the account if the Customer is
no longer able to demonstrate creditworthiness. Events that are
considered in this determination include but are not limited to:
(A) The consumer's account for Services becomes delinquent
and services are interrupted due to non-payment;
(B) Payment for Services has been returned to City of Lubbock
Utilities as a dishonored payment;
(C) Tampering with COL Property, or theft of Service, has been
found; or
(D) The consumer fails to comply with the terms of any agreed
payment plan and/or Payment Arrangement
(4) Residential Deposit Refund. Consumers from whom a deposit has
been collected shall be eligible for a refund of said deposit after the
Customer has paid bills for Service for twelve (12) consecutive
residential billings and during this twelve (12) month period,
demonstrated creditworthiness as defined in Section B.
(5) Non -Residential.
(A) Water Utilities may require a deposit from the consumer for
non-residential Service in an amount equal to $ five hundred
fifty ($550).
(B) A residential consumer that demonstrates sufficient
creditworthiness, according to all other criteria herein, may
stand in proxy for new businesses establishing utility service
and can be exempted from the requirement for deposit if
ownership of the business can be proven. Proof of ownership
shall be in a form and manner as determined by COLU.
(C) A consumer for non-residential Service shall be exempt
from the deposit requirement if any of the following
conditions are met by the consumer:
i) The consumer was during the two years prior to
applying for service from COLU a customer of one
or more of the COLU service, excluding energy
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services, for at least twelve (12) consecutive
months; and The consumer demonstrates adequate
and available credit to the satisfaction of COLD.
ii) The consumer demonstrates adequate and available
credit, to the satisfaction of COLU, by producing
evidence of creditworthiness in the consumer's
name from a utility providing services, excluding
energy services, of whom the primary consumer
was a customer.
iii) Additional forms of creditworthiness include Surety
Bonds and Letter of Guarantee. of these mechanisms
must guarantee payment to the utility in the event of
the consumer's default.
iv) Deposits will not be required for service to or for the
following:
1. Landlord transferring services to tenant
2. Property Developer transferring services to
home owner
(C) A non-residential consumer who is exempted from the
deposit requirement under Section B may have the
exemption withdrawn and a deposit applied to the account if
the consumer is no longer able to demonstrate
creditworthiness. Events that are considered in this
determination include but are not limited to:
i) The Customer's account for Services become
delinquent and the Customer's Services are
interrupted due to non-payment;
ii) Payment for Services has been returned to City of
Lubbock Utilities as a dishonored payment;
iii) Tampering with COL Property, or theft of Service,
has been found; or
iv) The Customer fails to comply with the terms of any
agreed payment plan or payment arrangement.
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(6) Deposit Refunds
(A) Interest Payment to Depositor. When the service is
discontinued COLU shall return the deposit and any unpaid
interest on the deposit to the depositor or the depositor's
heirs or legal representatives. COLU may deduct from the
amount returned for any payments due for the services.
(B) Refunds to eligible consumers shall be made promptly either
in the form of a check payable to the consumer or as a credit
to the consumer's bill, as determined at the sole discretion of
COLU. A consumer who received a refund of their deposit
may have the deposit requirement reapplied if the consumer
no longer demonstrates creditworthiness as defined in
Section B.
(C) COLU shall keep the following records for all deposits
collected by COLU pursuant to this Section:
i) The name and address of each depositor;
ii) The amount and date of the deposit; and
iii) Each transaction concerning the deposit.
(D) Any deposit not previously refunded to consumer or credited
to consumer's account as provided herein shall be credited
to consumer's final bill for Service.
(b) The city shall require a deposit for portable meter accounts and related
backflow prevention assembly used to obtain water from fire hydrants. If
the meter and backflow prevention assembly are not returned in working
order, or are otherwise damaged, or if the fire hydrant or water supply line
to the fire hydrant are damaged, the customer shall pay for the cost of
repair. If the customer does not pay for the cost of repair, the city shall use
the deposit to pay for the cost of repair. Any portion of the deposit so used
must be repaid to city by the customer before the customer can continue
using water through the portable meter account. Deposits for portable
meter accounts shall be as follows:
(1) The deposit for portable meter account and related backflow
prevention assembly shall be: $2500.00.
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(2) The deposit for a special event for a nonprofit, community or other
non -construction and non -utility entity shall be $150.00 per day
with a minimum of $300.00 for a small hose -end meter assembly.
(3) No deposit fee shall be required by other city departments.
(4) Failure to report monthly non -Automated Metering Infrastructure
(AMI) reads will result in a non-refundable $75.00 service fee and
estimated volume usage charges will be applied.
(5) Unauthorized use charge of $1,000.00 assessed to any consumer or
corporation found connected up to a fire hydrant without a valid and
current fire hydrant meter contract and metering device issued by
city.
(c) The consumer or the owner of property served must notify the COLU within
five calendar days after the occurrence of:
(A) Any change in ownership, whether by sale, foreclosure, business
reorganization or otherwise; or
(B) Any occupancy of previously vacant property; or
(C) Any total vacancy in the property served; or
(D) Any change of place of residence or business.
(d) Where no charge specified. When charges for a service are not specified in
this article, the city manager shall establish charges which are based on the
cost of performing the services including, but not limited to, such services
as the moving of meter locations, and repair to damaged facilities.
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.
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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 this October 8, 2024 2024.
Passed by the City Council on second reading this \ October 22, 2024 , 2024.
MARK W. MiCtRAYER,AYOR
ATTEST:
Paz, City Secretary
APPRO- ED AS TO CONTENT:
Greg Mier, Pl.,'Interim D—irector of Water Utilities
APPROVED AS TO FORM:
A
Amy L s, Deputy ity Attorney
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