ORD 2007-20 - Amend Title 30 Waters & Sewers 06-26-2007ORDINANCE 2007 -20
AN ORDINANCE NUNC PRO TUNC AMENDING TITLE 30
WATERS AND SEWERS OF THE HUNTSVILLE, TEXAS
MUNICIPAL CODE AMENDING THE CHARGE FOR
RETURNED CHECKS, CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville is a home rule city acting under its
charter adopted by the electorate pursuant to the Texas Constitution and the
Local Government Code;
WHEREAS, on November 15, 2005, City Council considered and
approved Ordinance 2005 -23A amending Title 30, Waters and Sewers of the
Code of Ordinances of the City of Huntsville;
WHEREAS, the intended changes to the ordinance were correctly
presented to Council, but in the presented written draft ordinance there was an
error;
WHEREAS, the text set out herein below (Title 30) sets out the ordinance
as Council had intended at its November 15, 2005 meeting, and corrects a clerical
error without substantive change to what Council intended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS:
SECTION 1. Title 30 Waters and Sewers, Section 30.03.07, Charge for
Returned Checks, shall a appended as follows:
Section 30.03.07 Charge for returned checks.
The utility billing supervisor, or any other appropriate City employee shall
charge any utility customer of the City of Huntsville a fi€teer� twenty
dollar ($15.00) 25.00 charge for checks returned or for ACH payments
refused by the paying bank. This twenty-five dollar ($25.00) charge shall
be added to the total outstanding account of the customer and upon refusal
or failure to pay this charge, section 30.03.04 hereof shall apply as to said
charge. The City shall refuse to accept checks from a customer, or an
individual or entity paying on a customer's account, after a second
insufficient check has been received within a twelve (12) month period.
June 21, 2007 Page 1 of 2
SECTION 2. SEVERABILITY CLAUSE
If any part of the provision of this ordinance or the application of this ordinance
to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision,
or application directly involved in the controversy in which the judgment shall
be rendered and it shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances. The
City Council hereby declares that it would have enacted the remainder of these
requirements even without any such part, provision, or application which is
judged to be invalid.
SECTION 3. EFFECTIVE DATE
This ordinance shall be in full force and effect immediately.
PASSED AND APPROVED
AT
D a Welter, City retary
Q
Thomas A. Leepe , Cit Attorney
June 21, 2007 Page 2 of 2