Ord. 0301-2 11-08-04ORDINANCE NO. 301-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 30, UTILITIES, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 30-
35, ENTITLED CHARGES REQUIRED, SECTION 30-36, ENTITLED
REFUND OF DEPOSIT, SECTION 30-39, ENTITLED WHEN PAYMENT
DUE, AND SECTION 30-41, ENTITLED DISCONNECTION FOR
NONPAYMENT, AND TO ADD A NEW SECTION 30-46, TO BE
ENTITLED TESTING OF WATER METERS; HAVING A PENALTY
CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 30, Utilities, of the City of Pearland Code of
Ordinances, is hereby amended to AMEND Subsection (a) of Section 30-35, entitled
Charges Required, to read as follows:
"30-35. Charges required.
(a) Deposits. Along with the application for utility service, the applicant therefor
shall be required to pay to the city a deposit in an amount as follows:
(1) If the applicant is requesting utility service —other than garbage -only
service —for residential use and the applicant is
(A) the owner of the property to be serviced, then the utility deposit
shall be seventy-five dollars ($75.00);
(B) renting the property to be serviced, the utility deposit shall be one
hundred dollars ($100.00);
(2) If the applicant is requesting garbage -only utility service for residential
use and the applicant is
ORDINANCE NO. 301-2
(3)
(A) the owner of the property to be serviced, then the utility deposit
shall be twenty-five dollars ($25.00);
(B) renting the property to be serviced, the utility deposit shall be fifty
dollars ($50.00);
If the applicant is requesting utility service for a business or other
commercial entity, the utility deposit shall be two hundred dollars
($200.00), unless the applicant requests
(A) connection to a fire hydrant, in which case the utility deposit shall
be a sum equal to the actual cost of the hydrant meter and any
other necessary equipment; or
(B) garbage only utility service, in which case the utility deposit shall
be fifty dollars ($50.00)."
Section 2. That Chapter 30, Utilities, of the City of Pearland Code of
Ordinances, is hereby amended to AMEND Section 30-36, entitled Refund of Deposit,
to read as follows:
"30-36. Refund of deposit.
(a) Refunds of deposits made for utility service shall be made upon termination of
such utility service only after payment of all indebtedness to the city for such
utility service. Application of deposit may be made in partial or total settlement
of accounts when the supply is cut off for nonpayment of bill or for any infraction
or violation of any ordinance, rule or regulation of the city relative to utility
services offered by the city.
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ORDINANCE NO. 301-2
(b) Upon the written request of any customer having a continuous payment history
of at least three (3) years without any late charges or penalties, the customer's
utility deposit shall be posted as a credit on that customer's utility account."
Section 3. That Chapter 30, Utilities, of the City of Pearland Code of
Ordinances, is hereby amended to AMEND Section 30-39, entitled When Payment
Due, to read as follows:
"30-39. When payment due.
(a) All bills for utility services furnished by the city shall be due and payable prior to
midnight of the fourteenth day following the date of each bill; provided, however, that if
such due date shall fall on a Sunday or a legal holiday observed by the city, then such
bill shall be due and payable by midnight of the following day.
(b) Upon written request for extension by an account holder age sixty (60) years or
older, as shown on a valid driver's license, the bill for the residence shall be due and
payable twenty-five days from the date of the bill, and if not paid within such period, the
amount of the bill shall be increased by ten (10) percent."
Section 4. That Chapter 30, Utilities, of the City of Pearland Code of
Ordinances, is hereby amended to AMEND Section 30-41, entitled Disconnection for
Nonpayment, to read as follows:
"30-41. Disconnection for nonpayment.
In the event that bills for utility services shall not be paid within twenty (20) days
after rendition of the bill, or thirty-five (35) days after rendition of the bill for those
account holders who have been granted an extension under Section 30-39, the city
shall have the right to disconnect and discontinue all utility services furnished by the
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ORDINANCE NO. 301-2
city to the consumer in arrears."
Section 5. That Chapter 30, Utilities, of the City of Pearland Code of
Ordinances, is hereby amended to ADD a new Section 30-46, to be entitled Testing of
Meters, to read as follows:
"30-46. Testing of meters.
(a) Any water customer may at any time request that his or her water meter be
tested for accuracy by completing an application for a test and paying a meter test
deposit in the amount of fifty dollars ($50.00). Upon receipt of a request to test a water
meter, the city shall schedule said test and notify the customer of the time and place of
the test so that the customer may be present, although the customer's presence is not
required for the test to occur. If the test shows the meter to be more than two (2)
percent fast, the meter shall be replaced with an accurate meter and the meter test
deposit refunded to the customer. Otherwise, the meter test deposit shall be forfeited
to the city. In either case, a brief written statement of the test findings shall be mailed
to the customer's account address.
(b) The meter test deposit for the testing of the following meter sizes shall be as
follows: one -inch (1") meters shall be seventy-five dollars ($75.00); one and one-half
inch (1.5") meters shall be one hundred dollars ($100.00); two-inch (2") and three-inch
(3") meters shall be one hundred fifty dollars ($150.00); four -inch (4") meters shall be
two hundred dollars ($200.00); and six-inch (6"), eight -inch (8"), and ten -inch (10")
meters shall be three -hundred dollars ($300.00)."
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Section 6. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 8. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 9. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 10. Effective Date. This Ordinance shall become effective
immediately after it is approved on its second and final reading.
PASSED and APPROVED ON FIRST READING this the 8th day of
November , A.D., 2004.
ATTEST:
fvl� REID
MAYOR
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ORDINANCE NO. 301-2
PASSED and APPROVED ON SECOND AND FINAL READING this the 22nd
day of November , A. D., 2004.
ATTEST:
UNG
TY S' '
UNG
' ' RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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