Ordinance 1987-46
ORDINANCE NO.
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AN ORDINANCE AMENDING ORDINANCE NO. 84-12 AND REPEALING
PREVIOUS ORDINANCES IN CONFLICT; PROVIDING FOR A LATE
PAYMENT PENALTY AND SERVICE DISCONNECTION; PROVIDING FOR
TAMPERING AND DESTRUCTION CLAUSE; PROVIDING FOR A PENALTY
CLAOSE, A SEVERABILITY CLAOSE AND AN EFFECTIVE DATE.
WHEREAS, a water and sewer rate study has been
commissioned by and presented to the Wylie City Council,
WHEREAS, on page 15 of the Binford Rate Study Report, a
recommendation was made to apply a 10 percent penalty to all
bills not paid by the 16th day from date of bill,
WHEREAS, the City Council wishes to initiate this
penalty clause as soon as possible while considering other
recommendations in the rate study,
WHEREAS, after careful study and due consideration of
recommendations of the study, the City Council of Wylie,
Texas, has determined that the public welfare would be best
served by amending the present City utility rate structure
to promote prompt payment and assist the utility system in
being self-supporting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION I. LATE PAYMENT PENALTY AND SERVICE DISCONNECTION.
A. That such water and sewer rates hereby shall be
mailed by the City of Wylie shall be due and
payable by customers of the Waterworks and Sanitary
Sewer System by the 16th day from the date of the
bill. All utility bill payments are due by the
16th date of the bill except when the 16th falls on
a Saturday, Sunday, or legal holiday under which
condition they are due not later than 8:00 A.M.
local time on the next working day. Should the
amount due on the 16th day not be paid in full, a
ten percent (10%) penalty shall be added to the
amount past due and unpaid.
B. Utility customers with accounts unpaid as of the
close of business on the 16th day (due date) will
be notified by the issuance of a "termination
notice" which will notify customers that account is
past due and that City utility service is subject
to termination. The customer is subject to service
discontinuation on the 11th day after the bill
comes due (16th day or due date). The City is not
required to send additional notices other than the
termination notice in order to be authorized to
discontinue service. For purposes of termination
of services, the termination day is calculated from
the 16th day, or due date, irregardless on what day
of the week if falls on.
SECTION II. TAMPERING AND DESTRUCTION. No customer shall
have the right to tamper or alter any component of the
Waterworks or Sewer System including valves, meters, meter
boxes and lids, hydrants, lines, pump stations, ground
storage tanks, elevated storage tanks and lift stations.
This shall include the direct or indirect efforts to restore
water service without the approval or assistance of the City
or any effort to circumvent the intent of the City to
provide service without putting up a current deposit on the
account or to not provide service for non-payment of
charges.
SECTION III. PENALTY FOR VIOLATION OF THIS ORDINANCE. Any
person, firm or corporation who violates any provision of
this ordinance shall be deemed quilty of a misdemeanor and
upon conviction, therefore, shall be fined any sum not to
exceed two hundred dollars ($200.00) and each and every day
that such violation continues shall be construed as a
separate offense; provided, however, that nothing contained
herein shall preclude the municipality of bringing suit for
injunction for the prevention of any threatened violation or
the removal of any structure in violation of this ordinance.
SECTION IV. EFFECTIVE DATE AND CONFLICTS.
A. This ordinance and the rates and charges prescribed
shall be in effect from the October 1, 1987
bill i ng .
B. As of the effective date of this ordinance any and
all ordinances and any orders in conflict are
repealed to the extent of the conflict.
C. If any paragraph, section, clause, phrase or
provision of this ordinance shall be judged invalid
or held unconstitutional, the same shall not affect
the validity of this ordinance as a whole or any
part or provision thereof, other than the part so
decided to be invalid or unconstitutional.
DULY PASSED AND APPROVED by the Wylie City Council on
this the 8th day of September, 1987.
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APPR .". . .-.. .,_w-'.7
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huck Trimble, Mayor
ATTESTED:
APPROVED AS TO FORM:
Robert L. Dillard, III, City Attorney