ORD 1242 08/14/2018 Of C/9
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"City of Choice"
ORDINANCE 1242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS AMENDING SECTION 78-143(a); AMENDING SECTION 78--
143(d); AMENDING SECTION 78-143(e); PROVIDING FOR ADOPTION
THERETO; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF
ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH
THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 78-143(a) of the City of Cibolo's Code of Ordinances establishes a billing
date for all city customers;
WHEREAS, Section 78-143(d)of the City of Cibolo's Code of Ordinances establishes a due date,
and penalty date for all city utility customers
WHEREAS, Section 78-143(e) of the City of Cibolo's Code of Ordinances establishes a
disconnection date, and administrative fee for all city utility customers;
WHEREAS,the City is changing its billing cycle for a portion of the City's customers due to the
growth in the city's utility accounts;
WHEREAS, the City adopted a consolidated fee schedule on April 10, 2018, Ordinance 1232,
incorporating all fees of the City;
WHEREAS, the City Manager has designated the City's Utility Billing Manager be responsible
for administration of these codes;
WHEREAS, after due consideration of the information presented City Council deems it
appropriate to amend and/or clarify Section 78-143(a), 78-143(d) and 78-143(e):
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO TEXAS:
SECTION 1
That the above and foregoing premises are true and correct and are incorporated herein and made
part hereof for all purpose
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SECTION 2
ADOPTION
That the City Council of the City of Cibolo, Texas hereby establishes the code amendments in
Section 3.
SECTION 3
CODE AMENDMENT
That Section 78-143, of the Cibolo Code, (entitled "Fees Rates and billing procedures"),
subsection(a), be amended to read as follows:
(a) Each customer upon making application shall pay a nonrefundable account
setup fee and shall provide a refundable deposit as specified in the City of
Cibolo's fee schedule.If a prospective customer is indebted to the city for water,
sewer, or garbage service, service at the new residence or place of business will
not be provided until the outstanding indebtedness is satisfied. Residential and
commercial water bills will be billed based on the billing cycle designated by
the service address of the customer. Bills on residential accounts will consist
of a minimum base charge for up to 1,200 gallons consumption,and a per 1,000-
gallon charge for consumption above the base charge. Residential customers
who use less than 1,200 gallons in any one month will qualify for a discounted
special rate for that month. Bills on commercial accounts will consist of a
minimum base charge, based on meter size, for up to 1,000 gallons of
consumption and a per 1,000 gallon charge for consumption above the base
charge.
That Section 78-143, of the Cibolo Code, (entitled "Fees Rates and billing procedures"),
subsection(d), be amended to read as follows:
(d) All charges for utility services furnished or rendered by the city and/or
contractors franchised by such city for which the city is the billing agent shall
be due and payable on the 15th day following the billing date at the municipal
offices of the city. Bills not paid by close of business on the 18th day following
the billing date, or noon of the first working day thereafter, if the 18th day falls
on a weekend or holiday, will incur a penalty as provided for in the City of
Cibolo's fee schedule. Checks, or ACH draft payments, issued in payment of
utility services that are returned by banking institutions for reasons of
insufficient funds will incur an administrative fee as provided for in the City of
Cibolo's fee schedule. Any customer that has two returned checks, or ACH
drafts, during a calendar year (from January 1 to December 31) may 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 years from the date of the
second returned check at the discretion of the Utility Billing Manager.
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That Section 78-143, of the Cibolo Code, (entitled "Fees Rates and billing procedures"),
subsection(e), be amended to read as follows:
(e) Any customer who has not paid his/her account by noon on the 25th day
following the billing date shall have his/her water service disconnected and an
administrative fee will be charged as provided for in the City of Cibolo's fee
schedule. It is further provided that all delinquent accounts shall be notified by
mail at least five days in advance of service being discontinued. Services may
not be resumed until the total amount due the city has been paid in full.
Circumstances that result in an unfair penalty charge may be evaluated by the
Utility Billing Manager. When the 25th day falls on a Friday,the weekend, or a
recognized holiday,service will be discontinued and applicable fees charged on
the first business day following the weekend or holiday.
Extension of payment date beyond the 25th day following the billing date, in
order to avoid termination of service as set forth above, may be granted upon
request by the customer at the discretion of the Utility Billing Manager as to
whether to grant or deny the request of extension of payment period. No more
than four 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 other ordinances of the City of Cibolo,Texas,except
where the provisions of this Ordinance are in direct conflict with the provisions of such other
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 5
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo that the
phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance should be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs or
sections of the Ordinances, since the same would have been enacted by the City Council without
incorporation in this ordinance of any such unconstitutional phrases, clause, sentence, paragraph
or section.
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SECTION 6
SAVINGS
That all rights and privilege of the City of Cibolo are expressly saved as to any and all violations
of the provision of any Ordinances affecting the utility rates,which have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violation and all pending litigation, both
civil and criminal, whether pending in court or not, under such Ordinances, same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 7
EFFECTIVE DATE
That this Ordinance shall be effective for the first billing cycle following September 1st, 2018,
upon the approval of the City Council of the City of Cibolo, Texas.
PASSED AND APPROVED by a vote of 7 for, and (6 against this 14th day of August,
2018.
• APPROVED:
'osh Bo
`- Mayor
•
ATTEST:
Peggy Cimics
City Secretary
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