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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