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HomeMy WebLinkAboutPO 6744: AMENDING CHAPTER 86 P.O. No. 6744 11/29/18 tf ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 86 (SOLID WASTE) , ARTICLE III (REFUSE) , SECTION 79 (WHO MAY COLLECT AND DISPOSE OF REFUSE) AND CHAPTER 110 (UTILITIES) , ARTICLE IV (BILLING AND COLLECTION PROCEDURE) , SECTION 252 (AUTHORITY TO REQUIRE ADVANCE PAYMENT BEFORE CONNECTING) , OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, AS IT PERTAINS TO SECURITY DEPOSITS FOR LANDFILL AND WATER ACCOUNTS FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS, AND PROVIDING FOR PUBLICATION WHEREAS, the City Council deems it in the public interest of the City to amend Chapter 86 (SOLID WASTE) , Article III (REFUSE) , Section 79 (WHO MAY COLLECT AND DISPOSE OF REFUSE) and Chapter 110 (UTILITIES) , Article IV (BILLING AND COLLECTION PROCEDURE) , Section 252 (AUTHORITY TO REQUIRE ADVANCE PAYMENT BEFORE CONNECTING) of the Code of Ordinances as it pertains to security deposits for landfill and water accounts for residential and commercial customers . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS : Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That Chapter 86 (SOLID WASTE) , Article III (REFUSE) , Section 79 (WHO MAY COLLECT AND DISPOSE OF REFUSE) and Chapter 110 (UTILITIES) , Article IV (BILLING AND COLLECTION PROCEDURE) , Section 252 (AUTHORITY TO REQUIRE ADVANCE PAYMENT BEFORE CONNECTING) , of the Code of Ordinances as it pertains to security deposits for landfill and water accounts for residential and commercial customers is hereby amended as delineated in Exhibit "A" . Section 3 . All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict . Section 4 . This Ordinance shall take effect immediately upon passage . Section 5. That a copy of the caption of the Ordinance be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of , A.D. , 2018 , at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES : Mayor: Councilmembers : , NOES : . Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard City Secretary s.po6686 , , _.)7 APPROVED A TO FORM: /141. Valecia R. Ti no City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager Dr. Hani Tohme, P.E. Director of Utilities s.po6686 EXHIBIT "A" Sec.86-79.-Who may collect and dispose of refuse/Security Deposits. (c) Any person duly authorized to engage in the commercial hauling of refuse on a regular schedule must make contractual arrangements in accordance with the contract form set forth in Exhibit"B", attached to this section and made a part of this section, before depositing any refuse at the city's landfill. Such contract shall provide for monthly payments in accordance with such rate schedule, shall further provide for a security deposit in advance in the minimum amount of$2,500.00, or such other amount as determined by the City Manager or his designee, and based on the proposed usage of the landfill and the payment history of the hauler, to be held to secure any proposed delinquent charges. The business entity shall also file a dba certificate, articles of incorporation, and/or partnership agreement to show its structure and its registered agent. Further, all such producers, owners, and agents shall comply with the provisions of this chapter and with any other applicable statutes and ordinances. d) When a customer applies for service, he/she must also submit a security deposit in one of the following forms: 1. Cash; 2. Guaranty bond; 3. Letter of credit drawn on a state or federally charters lending institution. (e) The Director of Utility Services, with the written consent of the City Manager, may refuse or discontinue service if a person fails to: 1. Make a required security deposit with his application; or 2. Increase the amount of his security deposit after being notified that an increase is required. (f). Any non cash security deposit must be submitted in a form provided by the Director of Utility Services and in a form approved by City Attorney. (g). The Director of Utility Services shall keep accurate records of all security deposits, including, but not limited to, the depositor's name, amounts deposited, and separate accounts of all security deposits. , Sec. 110-252. -Authority to require advance payment before connecting The City shall have the right to demand a security deposit with each application for water or sewer service.When a customer applies for service, he/she must also submit a security deposit in one of the following forms: 1. Cash Advance, 2. Guaranty bond, 3. Letter of credit drawn on a state or federally charter lending institution A non cash security deposit must be submitted in a form provided by the Director of Utility Services and approved by City Attorney. The Director of utility Services shall keep accurate records of all security deposits, including, but not limited to, the depositor's name, amounts deposited, and separate accounts of all security deposits. The cash advance payment minimum includes an estimated two-month bill amount, a turn-on charges and an administrative fee as listed on the water rate schedule as set forth in section 110-91 and the amount is dependent upon the applicant risk profile as determined by a third-party credit resource. All such advance payments shall be applied against water or sewer charges until such charges are paid, when they shall apply against the next month's services, and so continue from month-to-month. If services are discontinued, any unused portion of such advance payment shall be returned to the person the advance payment. The establishment of new service requires proof of ownership or a valid lease agreement of residential property.