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ORD 770 12/12/2006 ORDINANCE NO. 7 70 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 615 WATER ORDINANCE, AS AMENDED, BY AMENDING SECTION 6 FEES, RATES, AND BILLING PROCEDURES PARAGRAPHS (d) and (e); PROVIDING FOR INCORPORATION; PROVIDING FOR ADOPTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY OF CIBOLO NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cibolo, Texas, is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and WHEREAS, the City of Cibolo, Texas, is governed by a Home Rule Charter that was approved by the Citizens of Cibolo in a duly called election held on September 11, 2004; and WHEREAS, the City of Cibolo, Texas, adopted Ordinance No. 615 (Water Ordinance) setting water rates, regulating the use of water for the City of Cibolo, regulating connection(s)to the water mains and water system of the City of Cibolo, and appointing a Maintenance Officer for the water system for the City of Cibolo; and WHEREAS, the City Council has considered the merits of this amendment fry the Water Ordinance and has determined that this ordinance is necessary to protect the health, safety,morals, and welfare of the community. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS... SECTION 1. INCORPORATION That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTION 2. ADOPTION That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the City Council of the City of Cibolo, Texas, and amend Ordinance No. 615. 1 11 Cibolosvrl city fileslOrdinanceslWater Ordinance Amendment 12-6-06.doc SECTION 3. AMENDMENTS That SECTION 6 FEES, RATES, AND BILLING PROCEDURES, PARAGRAPHS (d) and(e) shall be amended to read as follows: "(d) All charges for utility services furnished or rendered by the City of Cibolo and/or contractors franchised by such city for which the City of Cibolo is the billing agent shall be due and payable on the fifteenth (15th) day of each month at the municipal offices of the City of Cibolo. Bills not paid by the close of business of the fifteenth (15th) day of each month will incur a ten (10) percent penalty for late payment on the total amount of the bill. Checks issued in payment of utility services that are returned by banking institutions for reasons of insufficient funds will incur a $25.00 charge in addition to the bill. Any customer that has two returned checks, for whatever reason, during a calendar year(from January 1 to December 31)will be placed on a cash only basis. They will be required to pay their bill with cash, certified check, cashier's check or money order only. Said cash only status may be changed back to a regular account status after two (2) years from the date of the second returned check at the discretion of the City Manager, or his/her designee. (e) Any person who has not paid his/her account by the twenty fifth (25th) day of the month in which billed shall have his/her water service disconnected. It is further provided that all delinquent accounts shall be notified by letter at least five (5) days in advance of service being discontinued. In the event service is discontinued, a reconnect fee will be charged as provided for in this ordinance as provided in Attachment/Addendum 1. Services will not be resumed until the total amount due the City and the reconnect fee for the service discontinued has been paid in full. Circumstances that result in an unfair penalty charge may be evaluated by the City Manager, or his/her designee. Extension of payment date beyond the twenty fifth (25th) day of the month in which billed, in order to avoid termination of service as set forth above, may be granted upon request by the customer at the discretion of the City Manager, or his/her designee, as to whether to grant or deny the request for extension of payment period. No more than two (2) extensions may be granted within a calendar year(from January 1 to December 31)." SECTION 4. CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the more restrictive provision shall apply. 2 I\Cibolosvrlcity fileslOrdinancesl Water Ordinance Amendment 12-6-06.doc