Ordinance 2005-67
ORDINANCE NO. 2005-67
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
CHAPTER 114, SECTION 114-68 (UTILITIES, METER
DEPOSITS) OF WYLIE'S CODE OF ORDINANCES; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
AND PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has
determined that Chapter 114, Section 114-68 (Utilities, Meter Deposits) of the City of Wylie,
Texas ("Wylie") Code of Ordinances should be amended as set forth below; and
WHEREAS, the City Council finds that it will be advantageous, beneficial and in the
best interest of the Wylie utility customers to amend Chapter 114, Section 114-68 (Utilities,
Meter Deposits) Wylie's Code of Ordinances as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment of Chapter 114, Section 114-68 (Utilities, Meter Deposits) of
Wylie's Code of Ordinances. Chapter 114, Section 114-68 is hereby amended and replaced as
follows:
Sec. 114-68. Meter Deposits.
(a) Each utility customer, residential, commercial or industrial, shall put up a
meter deposit in an amount established by resolution which may be applied
to the payment of any unpaid bills.
(b) New residential customers, in lieu of a meter deposit, may submit a verifiable
letter of reference, subject to the approval in form and content by the Finance
Director. A letter of reference shall be from a public or private utility and
show a good payment history for a period of not less than twelve (12)
months. In general, a letter of reference should be received prior to the date
when service is requested to begin. Service authorized under a letter of
reference may be revoked, at the discretion of the Finance Director, should
late payment be received on two or more occasions during any six (6) month
period.
( c) Meter deposits shall be held without payment of interest as long as utility
service is continued; provided, that, for residential customers, with a good
payment record for twelve (12) months after service begins, the City shall
refund such meter deposit to the residential customer. Good payment record
means that the residential customer is current on all utility bills owed the
Ordinance No. 2005-67
Amending Chapter 114, Section 114-68
Code of Ordinance
City, has not paid a bill more than twice past the penalty date in the last
twelve (12) months, has not issued a NSF (non-sufficient funds) check to the
City, or has not been disconnected for non-payment of a bill during that same
period. Such refund shall be effected only by applying such deposit in partial
payment of the city utilities bill or bills then next becoming due. In the event
that a residential customer's account should become delinquent after such
refund, the Finance Director may require a new deposit to be made prior to
reconnection or continuing of the utility service to such customer.
(d) Any unused portion of the deposit shall be refunded at any time the account
or service is discontinued.
SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause phrase or
word of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall
remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,
and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 5: Effective Date. This Ordinance shall become effective immediately upon
its passage and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 1 ih day of November, 2005.
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Date to be published in The Wvlie News - November 30, 2005
Ordinance No. 2005-67
Amending Chapter 114, Section 114-68
Code of Ordinance