ORD 1999-26 - Amend City Code - Garbage 09-21-1999ORDINANCE NO. 99-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING TITLE 14 "GARBAGE, REFUSE AND RUBBISH," PART 14.05 "CHARGES"
BY AMENDING SECTION 14.05.03 TO PROVIDE FOR THE BILLING OF GARBAGE
SERVICES AND PENALTIES FOR LATE PAYMENT; BY ADDING A NEW SECTION
FOR DEPOSITS; BY ADDING A NEW SECTION FOR CHARGE FOR RETURNED
CHECKS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Finance Committee of the City Council has reviewed certain policies with
regard to the garbage services provided by the City of Huntsville and recommends certain changes,
amendments and additions to those policies; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: That Title 14 "Garbage, Refuse and Rubbish," Part 14.05 "Charges," Section
14.05.01 "Collection Charges — Residential." is hereby amended by amending Subsection D.5. which
shall hereinafter read as follows:
5. the statement is delivered to the City Utility Billing Department before
the 5`" day of the month following the vacancy, unless the 5`' is a Saturday,
Sunday or legal holiday, in which event the statement must be received
by the City by the next day which is neither a Saturday, Sunday, nor a
legal holiday.
SECTION 2: Title 14 "Garbage, Refuse and Rubbish," Part 14.05 "Charges," Section
14.05.03 "Same — Billing; termination of utility services; notice of appeal" shall hereinafter be titled
"Billing of garbage service; penalties for late payments; termination of service." and shall hereinafter
read as follows:
14.05.03 Billing of garbage service; penalties for late payments; termination
of service.
A. For convenience of collection, garbage and refuse collection service
charges shall be billed together with water and/or sewer service in a
utility bill prepared by the city. In the event that the customer does not
receive water and/or sewer service from the city, then a separate utility
bill for garbage and refuse service shall be prepared by the city. A statement
from the city for water and/or sewer and/or garbage and refuse services
is referred to as a "utility service bill."
B. Each utility service bill shall have a precalculated and stated due
date that shall be approximately fifteen (15) to twenty -five (25) days
from the date the bill is mailed to the customer.
C. If a utility service bill is not paid by the due date, the customer shall
be charged a penalty in the amount of ten (10) per cent of the amount
of the utility services charges, which shall be shown as the gross amount
on such bill. If the bill is not paid by the next billing date, such gross
amount will be shown as a previous balance on the customer's bill for
the next month.
D. Should any customer or owner, lessee or occupant of any residential
or commercial unit fail or refuse to pay charges assessed for garbage and
refuse service, the city shall have the right to discontinue all city utility
services to such unit.
SECTION 3: Title 14 "Garbage, Refuse and Rubbish," Part 14.05 "Charges" is hereby
amended by adding a new Section 14.05.05 "Deposits" which shall hereinafter read as follows:
14.05.05 Deposits
A. The utility billing supervisor shall require any applicant for garbage and
refuse service to post a deposit to secure payment of such service as
follows:
1. Any person applying for residential garbage service and who
is not applying for water and/or sewer service shall be required
to post a deposit in the amount of $20.00 for the service. If a
person is applying for more than one service with the city, he /she
shall post a bond in accordance with Section 30.03.03.
2. Any firm, corporation or commercial account applying for
garbage and refuse service shall deposit with the city, as security
for the payment of future charges, a sum equal to two (2) months
of service.
3. A person, firm, corporation or commercial account cannot
avoid receiving garbage and refuse service or refuse such service
by failing to post a deposit. The provisions of Section 14.05.04
take precedence over the posting of a deposit.
B. The provisions of Section 30.03.03 "Connection charges; deposits to
secure payment of utility service bills," Subsections C., D., E., F., G., and
H. shall apply to an applicant for garbage and refuse service.
SECTION 4: Title 14 "Garbage, Refuse and Rubbish," Part 14.05 "Charges" is hereby
amended by adding a new Section 14.05.06 "Charge for returned checks." which shall hereinafter
read as follows:
14.05.06 Charge for returned checks.
The utility billing supervisor, or any other appropriate City employee shall
charge any garbage customer of the City of Huntsville a fifteen ($15.00)
charge for checks returned or for ACH payments refused by the customer's
bank advising the City there are not sufficient funds in the customer's
checking account with the bank to pay the garbage charge for the customer.
This fifteen dollar ($15.00) charge shall be added to the total outstanding
account of the customer and upon refusal or failure to pay this charge, utility
service shall be disconnected pursuant to Title 30. The city shall refuse to
accept checks if more than two insufficient checks have been received
from the customer within the last twenty-four (24) months.
SECTIONS: This Ordinance shall be cumulative of all other ordinances of the City and shall
not repeal any of the provisions of those ordinances except in those instances where the provisions
of those ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 6: If any portion of this Ordinance shall, for any reason, be declared invalid by any
court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and
the City Council hereby determines that it would have adopted this Ordinance without the invalid
provision.
SECTION 7: This Ordinance shall take effect immediately from and after the date of its
passage.
PASSED AND APPROVED ON THIS 21ST DAY OF SEPTEMBER, 1999.
William B. Green, Mayor
A 4TT S T:
Danna Welter, City Secretary
APPROVED AS TO FORM:
Paul C. Isham, City Attorney