2005-245ORDINANCE NO. 2005 :A~6_
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
AMENDMENT OF ORDINANCE NO. 2004-387 WHICH PROVIDES FOR THE SCHEDULE
OF MISCELLANEOUS FEES, SERVICE CHARGES, DEPOSITS, BILLINGS AND
PROCEDURES FOR ADMINISTRATIVE SERVICES; BY ADDING A PROVISION THAT
VICTIMS OF FAMILY VIOLENCE WHO RESIDE IN DENTON, TEXAS, WHO ARE CITY
OF DENTON UTILITY CUSTOMERS, APPLYING FOR UTILITY SERVICE MAY HAVE
THEIR DEPOSIT REQUIREMENT TO DENTON MUNICIPAL UTILITIES WAIVED,
PROVIDED THAT A VICTIM OF FAMILY VIOLENCE PRESENTS A COMPLETED,
SIGNED CERTIFICATION LETTER IN A FORM APPROVED BY THE CITY ATTORNEY
OR HIS DESIGNATE, AND THAT THEY MEET THE CRITERIA SPECIFIED BY TEXAS
FAMILY CODE, SECTION 71.004; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 71.004 of the Texas Family Code, as amended, provides the
definition of the term "victim of family violence"; and
WHEREAS, the Public Utility Commission of Texas has earlier this year required that
utilities regulated by it provide for relief from the payment of a deposit for victims of family
violence who apply for utility service; provided that a duly-authorized certification letter is
presented to the utility; and
WHEREAS, Denton Municipal Utilities, though not regulated by the Public Utility
Commission of Texas, because it is a municipally-owned utility, nonetheless, is of the opinion
that the policy of the Public Utility Commission of Texas is a sound policy; and accordingly, that
the City Council of the City of Denton should follow that policy; and
WHEREAS, that the Denton City Council finds that the current City of Denton, Texas
ordinance regarding miscellaneous fees, service charges, deposits, billings and procedures for
administrative services to City utility customers, contained in Ordinance No. 2004-387, effective
as of October 1, 2004, and approved on September 21, 2004, should be amended to include a
provision providing for specific relief from the payment of a utility deposit for victims of family
violence who properly apply for City utility service; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Ordinance No. 2004-387 be and it is hereby amended to provide for
an addition to the "Miscellaneous Fees, Charges and Deposits" to be inserted following the
"Service Deposits" provision found at page 7 thereof. The new provision reads as follows:
"WAIVER OF SERVICE DEPOSITS
APPLICATION
Applicable when an Applicant is a citizen of the City of Denton, Texas and who also is a "victim
of family violence," applies for utility service in the City of Denton, Texas. To be a qualified as
a "victim of family violence" an Applicant must secure and provide a certification letter,
provided by one of the certifying entities to the Utilities Customer Service Department.
If a proper, dated and completed certification letter is presented by or on behalf of the Applicant
to the Utilities Customer Service Department, and its issuance is verified by the Utilities
Customer Service Department, then the requirement of a utility deposit shall be waived for that
Applicant. This provision is applicable solely to "victims of family violence" as defined by
Texas Family Code, §71.004, as amended. No other relief from the City's utility rates, or
deposits, or charges, or fees is hereby provided to "victims of family violence."
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.
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 from and after the date of its
adoption by, and approval of the City Council.
PASSED AND APPROVED this the 64, day of~ '2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By.
S:\Our Documents\ordinances\05\Family Violence-Amended Ordinance-Utility Deposit-2005.doc
2