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2006-005 FILE REFERENCE FORM 2006-005 FILEfS) Date Initials Amended bv Ordinance No. 2006-263 09/26/06 JR ORDINANCE NO. 2006- 00 5 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE AMENDMENT AND CORRECTION OF THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 2005-254 REGARDING DELINQUENT SERVICE CHARGES ONLY; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 20, 2005 the City Council approved and adopted the Miscellaneous Rate ordinance for FY 2006, being Ordinance No. 2005-254; the effective date for said ordinance was October I, 2005; and WHEREAS, Staff has determined that there was an inadvertent error in Ordinance No. 2005-254, which is effective for FY 2006, in the area regarding the imposition and charging of delinquent service charges, and that change should be corrected; that the rate and terms for FY 2006 should have been the very same as was charged customers in FY 2005; said error has existed since October I, 2005; and Staff recommends that the City Council approve this ordinance to correct Staffs inadvertent error immediately; and WHEREAS, the provisions in the area of delinquent service charges for FY 2005 and for in for FY 2006 are the same, as intended by the City Council; so the Council's action in amending and correcting this part of the rate ordinance creates no new responsibilities or rates or amounts to be charged by the City to its customers; and WHEREAS, the City Council finds that this amended ordinance, dealing solely with the subject of delinquent service charges, is in the public interest and should be in all things approved; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The attached schedule of charges for delinquent service charges as generally provided for in Chapter 26 of the Code of Ordinances; and for services to other City of Denton customers and taxpayers, are hereby approved and established by the City Council. All provisions, save and except the provisions for Delinquent Service Charges, shall remain the same as in Ordinance No. 2005-254, which was made effective on October I, 2005. The Delinquent Service Charge provisions as amended, are as stated on Exhibit "A", which is attached hereto and incorporated herewith by reference. SECTION 2. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. I SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. This ordinance shall become effective, charged, and applied to all delinquent service charges occurring on and after January 3, 2006; and a copy of said fees and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the 3 ;-..d day of January, 2006. ~~vL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By rti1n<~ ~!a ffi<A/ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By ~d 6(tD 2 DELINOUENT SERVICE CHARGE (Effective 1/3/06) APPLICATION Applicable when a customer's account is processed for disconnection due to nonpayment. CHARGE Delinquent Service Charge (When service is disconnected at the meter socket) $30.00 Delinquent Service Charge (When service is disconnected at the transformer) $110.00 Reconnect Charge, after business hours (When service is disconnected at the meter socket) $55.00 Reconnect Charge, after business hours (When service is disconnected at the transformer) $145.00 When more than one trip, within twenty-four (24) hours, is required to restore a customer's service, a Return Trip Charge, in addition to the Reconnect Charge, shall be applied for each additional trip. Return Trip Charge during business hours $30.00 Return Trip Charge after business hours $55.00 Business hours are defined as from 8:00 a.m. to 5:00 p.m., Monday through Friday. S:\Qur Documents\Ordinances\05\FY 2006-Miscc]]aneollS Rate Ordinance-Amended.doc 3