2002-316ORDINANCE NO. 2002-__Z~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
PROVISIONS OF CHAPTER 26 RELATING TO THE FURNISHING OF UTILITIES
BY AMENDING SECTIONS 26-3(b)(2); 26-4(a)(2) AND (3): 26-4(c); 26-5(b); 26-6(a)
THROUGH (1); 26-8(a),(c) AND (d); 26-9 (a),(c),(d),(f),(g),(i), AND (k):26-10(5);
FURTHER PROVIDING FOR AMENDMENTS TO SECTION 26-6 TO PROVIDE
FOR AN INSTALLATION CHARGE; TO PROVIDE FOR AN UNAUTHORIZED
USAGE PENALTY; TO PROVIDE FOR A METER READING CHARGE; TO
PROVIDE FOR A METER TESTING CHARGE; TO PROVIDE FOR A METER
TAMPERING AND/OR DAMAGE CHARGE; TO PROVIDE FOR A METER
INACCESSIBILITY CHARGE; TO PROVIDE FOR A RETURNED PAYMENT
CHARGE; TO PROVIDE FOR A LATE PAYMENT CHARGE DUE ON
DELINQUENT BALANCES; TO PROVIDE FOR AN INTEREST CHARGE ON PAST
DUE ACCOUNT BALANCES ; TO PROVIDE FOR A CREDIT REPORT CHARGE;
TO ENACT AND PROVIDE FOR SECTION 26-126.2 OF THE CITY OF DENTON
CODE OF ORDINANCES REGARDING TAMPERING WITH OR DAMAGING
ELECTRIC OR WATER OR WASTEWATER SYSTEM; ILLEGAL CONNECTION
TO ELECTRIC OR, WATER OR, WASTEWATER SYSTEM; UNLAWFUL USE OF
ELECTRIC OR, WATER OR, WASTEWATER SYSTEM;ESTABLISHING VARIOUS
PENALTIES FOR A VIOLATION OF SECTION 26-126.2 SUCH AS PUNISHMENT
AS PROVIDED IN SECTION 1-12(A)(1) OF THE CODE OF ORDINANCES,
AND/OR THE CITY ATTORNEY AUTHORIZED TO COMMENCE AN ACTION IN
A COURT OF COMPETENT JURISDICTION FOR AN INJUNCTION TO PREVENT
A VIOLATION OF THIS SECTION; AND/OR RECOVERY FOR DAMAGES TO
THE WATER, WASTEWATER, OR ELECTRIC SYSTEMS RESULTING FROM A
VIOLATION OF THIS SECTION; AND/OR RECOVERY FOR EXPENSES
INCURRED BY THE CITY IN RESPONDING TO A VIOLATION OF THIS
SECTION; AND/OR A CIVIL FINE OF UP TO ONE THOUSAND DOLLARS
($1,000) PER DAY FOR A VIOLATION OF THIS SECTION; AND/OR ALL OTHER
DAMAGES, COSTS, AND REMEDIES TO WHICH THE CITY MAY BE ENTITLED;
PROVIDING FOR PUBLICATION OF THE CAPTION OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE FOR SECTION 26-126.2; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE
AS TO THE REMAINING PROVISIONS OF THIS ORDINANCE.
WHEREAS, the Council of the City of Denton, Texas has carefully evaluated
several of the provisions of Chapter 26 of the Code of Ordinances ("Utilities") and has
recognized the need to change several provisions thereof; and
WHEREAS, it is the intent of the Council to protect and promote the public
health, safety, and welfare, by so amending the Code of Ordinances accordingly; NOW
THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 26 of the Code of Ordinances of the City ("Utilities")
be and the same is hereby amended by adding the following provisions, which shall read
as follows [in the case of an amended provision, the amended language or the new
provision is italicized for convenience]:
SECTION 26 - UTILITIES
ARTICLE I. IN GENERAL
Sec. 26-3. Service deposits and alternatives.
A service deposit will be required unless the applicant provides one of the exemptions as
listed below (a), (b) or (c).
(b) Commercial customers. In the case of commercial or industrial service, if the
applicant for service is required to make a deposit, the amount of the deposit shall be a
minimum of three hundred dollars ($300.00) or an amount equal to one-sixth of the last
twelve (12) months of billing at the location where service is requested, whichever is
greater. If no previous history is available for the location, a representative facility
similar to the type where service is requested will be used to establish the amount of the
deposit.
Commercial exemption from deposit. An applicant for utility service for a
commercial or industrial entity or business may not be required to make a deposit if the
applicant:
(1) Provides the city an acceptable commercial/industrial credit rating for the last
twenty-four (24) months the customer received service from the city utility system or a
commercial letter of good credit from another utility system. The period has to be within
the three (3) years prior to the date of application. The letter of commercial letter of good
credit from a former utility company must be received for verification within 20 days of
signing for service. Credit references from residential utility accounts are not accepted
for exemptions of commercial/industrial deposits; or
(2) If the credit of a commercial/industrial customer for service has not been established
satisfactorily to the city, the applicant may provide an irrevocable letter of credit in lieu
of a deposit within 20 days of signing for service. The irrevocable letter of credit must be
executed by a Texas bank to the satisfaction of the city manager and city attorney. The
customer must maintain the irrevocable letter of credit in effect at all times. If the
customer allows the irrevocable letter of credit to expire, the customer shall pay a deposit
in the amount provided as listed above, or the city may terminate utility service.
Sec. 26-4. Additional deposit required.
(a) Additional deposits. The city may require a customer to make an additional deposit
in the event that a deposit made as specified in subsection (a) or (b) is subsequently
determined to no longer be sufficient. In no event will the amount of the deposit exceed
one-sixth of the last twelve (12) months billing at the service location. The city may
disconnect service if the customer does not remit the additional deposit within fourteen
(14) days of the city's request, provided a written disconnect notice has been issued.
Such disconnect notice may be issued concurrently with the written request for the
additional deposit.
A customer may be required to pay a deposit or put down an additional deposit amount if:
(1) The customer has been terminated from receipt of utility service due to non-
payment of a utility bill; or
(2) The city has determined there is evidence of a -customer tampering with the cl 's
meter; or
(3) The customer has an unacceptable credit rating and the city does not have in its
files a current cosigner who meets the requirements of section 26-3(a) or (b); or
(4) The customer has been required to pay or is paying off a utility account balance
previously deemed uncollectible or is past due; or
(5) The customer has filed a petition for relief under the applicable provisions of the
United States Bankruptcy Code; or
(6) The customer's irrevocable letter of credit filed with the city in lieu of a deposit has
expired.
(b) Interest. The city shall pay interest on deposits at an annual rate established by city
council. If a refund of the deposit is made within thirty (30) days of receipt of the
deposit, no interest will be paid. If the deposit is retained more than thirty (30) days,
payment of interest shall be retroactive to the date the entire amount of deposit has been
made. The deposit shall cease to draw interest on the date it is returned or credited to the
customer's account. Payment of the interest to the customer shall be made at the time the
deposit is returned or credited to the customer's account. If the customer's account is
active, the deposit will automatically be applied to the customer's account to offset
current billing. If the amount remaining after the offset is greater than one-sixth of the
annual billing amount due, the amount will be refunded by check to the customer.
(c) Credit checks. After making application for service, the customer service
department may pursue a credit reference check. The customer will be given service
promptly after application, but if the credit check shows the customer does not have an
acceptable credit rating, the customer will be required to produce a cosigner or place a
deposit on account. Failure to do so will result in the discontinuance of service with no
less than two (2) days of notification given verbally or in writing, to the prospective
customer by the customer service department.
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Sec. 26-5. Refunds of deposits.
The city shall refund deposits to applicants and customers if one of the following events
occurs:
(a) The customer's service has been disconnected. The city shall refund the deposit
plus accrued interest less any outstanding balances. A transfer of service from one
service location to another shall not be deemed a disconnection and the city shall not
require an additional deposit unless authorized by section 26-3 or section 26-4 hereof.
(b) When the customer has paid bills for service for twelve (12) consecutive residential
billings or twenty-four (24) consecutive commercial or industrial billings without having
service disconnected for non-payment of bills, or meter tampering, and with no more than
two (2) occasions each year in which a bill was delinquent, as provided by section 26-
9(a), and provided the customer is not delinquent in the payment of the current bill. The
city shall then, in that event, refund the deposit (plus accrued interest) to the customer in
the form of a credit to the customer's account. The City may also release the customer's
irrevocable letter of credit.
Sec. 26-6. Other fees.
(a) Installation charge. A first service connection charge in an amount established by
the city council and on file in the office of the city secretary will be charged to customers
requesting electric service, where no permanent service previously existed and where a
new account number is established.
(b) Connection charge. A connection charge in an amount established by the city
council and on file in the office of the city secretary will be charged to customers
requesting water and/or electric service
(c) Delinquent service charge, reconnect charge, and deposit. If water and/or electric
utility service is processed for nonpayment, then the customer will be required to pay a
delinquent service charge or reconnect charge in an amount established by the city
council and on file in the office of the city secretary and establish and maintain a deposit
sum up to but not greater than one-sixth of the last twelve (12) months' billings on billing
at the location where service is requested. If a twelve (12) month history is not available,
an estimated usage will be used to assess the deposit amount.
(d) Unauthorized usage penalty. If a customer fails to request a water and/or electric
connection within twenty-four (24) hours of occupancy in a new service location, then the
customer will be required to pay an unauthorized usage penalty in an amount established
by the city council and on file in the office of the city secretary.
(e) Meter reading charge. If a customer requests a reading of a city meter due to a
contested billing more than two (2) times in the previous twelve (12) months and no error
is found, the customer will be charged a meter reading charge. The meter reading
charge will be in an amount established by the city council and on file in the office of the
city secretary.
(f) Meter testing charge. If a utility customer requests the testing of a city meter that
was previously tested within the past four (4) years and the meter is found to be within
accuracy standards, the customer will be charged a meter testing charge. The meter is
defined as within accuracy standards when found to be plus or minus two percent (2°/a)
or less. This meter testing charge will be established by the city council and on file in the
office of the city secretary.
(g) Meter tampering and/or damage charge. A meter tampering charge will be
required of any person that tampers with, damages, or illegally connects to any city
electric, or water, or wastewater system. The meter tampering charge will be established
by the city council and on file in the office of the city secretary.
(h) Meter inaccessibility charge. A meter inaccessibility charge will be required of any
customer that prevents the regular and routine reading or repair, maintenance or
replacement of any city electric or water meter. The meter inaccessibility charge will be
established by the city council and on file in the office of the city secretary.
i) Returned payment charge. If a customer has a check, money order, or bank draft
that has been dishonored by the maker's bank and returned to the city as unpaid, the
customer will be required to pay a returned payment charge in an amount established by
the city council and on file in the office of the city secretary.
0) Late payment charge due on delinquent balances. A late payment charge will be
assessed on past due balances on the fifth business day following the due date. The late
payment charge will be established by the city council and on file in the office of the city
secretary.
(k) Interest charge on past due account balances. Interest shall be assessed on any past
due account balance (excluding late payment charges) that remains unpaid prior to the
current month's billing calculation. Interest shall be assessed based on the customer's
monthly billing schedule and the due date of the customer's past due bill. The interest
charge shall be due and payable on the due date of the current month's billing. The
interest charge will be established by the city council and on file in the office of the city
secretary.
.(1) Credit report charge. A credit report charge may be charged if the customer (a)
cannot provide a satisfactory credit rating through previous service history with Denton
qualified cosigner, and (c) provides written authorization for the city to obtain a credit
rating from a credit source available to the city. The credit report charge will be
established by the city council and on file in the office of the city secretary.
Sec. 26-8. Grounds for discontinuance of service.
(a) The assistant city manager - utilities, or his designee, shall discontinue service to
any person violating any provision of this chapter or any published rule or regulation of
the utilities department, or of the City of Denton, until such violation has been corrected.
(b) The assistant city manager - utilities, or his designee, shall discontinue service to
any person found defrauding the utilities department by tampering with any water or
electric line or meter. Service disconnected for any such reason shall not be restored until
the assistant city manager - utilities, or his designee, is satisfied that all loss to the
utilities department has either been repaid, or is financed for repayment, and that service
may be restored without undue risk of further loss through such acts or nonpayment.
(c) Subject to the approval of the city council, the assistant city manager - utilities, or
his designee, shall discontinue service to any person found to be unreasonably wasting or
diverting electricity or water.
(d) Utility services may be terminated if payments become delinquent. The city may
terminate services at any time upon delinquent status of an account. Once services are
terminated, any deposit held by the city will be applied to the delinquent account. If the
customer wishes to reconnect services, the customer will be required to pay a delinquent
service charge or a reconnect charge and the remaining balance of the delinquent amount
or at least fifty percent (50%) with a signed legal agreement to pay the remainder with
three (3) consecutive monthly installments. The city may refuse service and require
payment in full, based on the credit history of the customer. For continued service, the
city will require an additional deposit amount as described in 26-4.
Sec. 26-9. Billing and collection for services.
(a) Due date for payment of statements. The due date for the payment of the bill for
utility services shall not be less than ten (10) business days after issuance. Payment must
be received in the established utility services locations by close of business on the due
date, in order to avoid assessment of a delinquent penalty. Payments placed in the mail
and showing a postmark on the due date will not be considered as being received on the
due date. In addition payments made through alternative sources such as, telephone,
drop box or internet, will be accepted according to the terms established for those
services. These payment requirements will be established by city council, and available
in the office of the city secretary, and posted at customer access points when possible.
(b) Discontinuance of service for nonpayment. Each customer of the city's utility
system who has not paid by the due date as noted on the billing, or according to finance
agreements, is eligible for disconnect after the due date without further notification.
(c) Notice of termination of services. A customer will be notified on his current utility
statement that his service is eligible for disconnection if payment is not received by the
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terms stated on the current bill. The notice will inform the customer that he should
contact the utility customer service department within the ten (10) business day period
and prior to disconnection of utility services to present any evidence or argument
concerning the statement or amount of utility service provided by the city. The customer
will be required to pay any amounts not registered by the customer service department as
under dispute by the due date. Any disputed items must be resolved within sixty (60)
days of notification to utility customer service. The city will attempt to call the customer
and provide a verbal warning of termination of services two (2) days prior to actual
termination.
(d) Alternatives to termination of service. A customer with a past due or delinquent
balance may avoid termination of utility service by doing one (1) of the following:
(1) Paying the total amount due by the specified due date;
(2) Arranging with the utility customer service department for a short-term payment
agreement that would require down payment of at least fifty (50%) percent of the
outstanding bill and payment of the remaining amount in not more than three (3)
consecutive equal monthly payments. A customer may apply for a short-term payment
agreement no more than once every six (6) months.
(3) If the customer is unable to meet the requirements in subsection (d), (1) or (2), the
customer may request to apply for financing under the utility account review committee
criteria. Criteria will be reviewed and approved by this committee at least annually. This
committee will be composed of the city manager, city attorney, assistant city manager of
finance, and the assistant city manager of utilities. Additionally, one (1) citizen
representative selected and appointed by the assistant city manager of utilities will serve
as a nonvoting member of the committee. If committee members are unable to attend the
meeting, they may send a designated representative in their place. The utility account
review committee is authorized to develop the criteria for long-term financing beyond the
three-month period but cannot extend repayment beyond twelve (12) months. Neither the
utility customer service department nor the utility account review committee will have
the authority to waive all or any portion of the utility statement owing to the city except
when an error in billing has occurred. Finance charges will be applicable as determined
by this ordinance and the utility account review committee criteria. Once financing has
been established using the review committee criteria, obligations must be met according
to that agreement. No additional delinquency will be accepted. Failure to pay under the
agreed-upon finance terms will require payment in full for continued services.
(e) Certain adjustments prohibited. No adjustment will be made in any monthly bill
because of any water or electric leak or loss, unless otherwise stated in this ordinance.
No allowance shall be made on utility bills because of use of less service than the
quantity set as the basis for the minimum charge.
(f) Service meters required. Each customer maintaining a separate residence, either
house or apartment, shall have a separate water meter and electric meter and a separate
service connection to the city sewer lines; provided, however, that multiple dwellings
containing less than our 4 units may be served by one (1) water and one (1) electric
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meter and one (1) sewer service connection and will be billed under the residential
multiple block rate. Multiple dwellings containing our 4 or more units which do not
have separate metering and service facilities shall be classified as commercial buildings
for utility purposes and shall be billed under the applicable commercial rates.
(g) Notice of service changes required Any customer or prospective customer of the
city utility system moving into or out of a building where electric, water, sewer or solid
waste service is or will be provided, shall give a minimum of twenty-four (24) hours
notice to the customer service department prior to the proposed date of connection or
disconnection of utilities. If the customer fails to give proper notification for connection,
he will be required to pay an unauthorized usage penalty and payment for services shall
be prorated based on evidence provided by the customer or available to utility services
and the amount billed will be due and payable by the customer.
(h) Proration of utility bills. The billings for utilities consumption may be calculated
on a thirty-day basis and prorated higher or lower for longer or shorter billing periods
respectively.
(i) Proration of customer facility charge. All monthly customer facility charges
contained in this chapter shall be prorated higher or lower for billing periods longer or
shorter than thirty (30) days, respectively. In such cases, the actual number of days in the
reading period shall be divided by thirty (30) days, then multiplied by the net monthly
charge to arrive at a customer facility charge.
6) Estimated billings and billing adjustments. The city may estimate active utility
services for no more than two (2) consecutive billing periods. This estimate shall be
considered the current month billing and must be paid accordingly. The city shall also
have the right to provide billing adjustments, consisting of back-billing or back credits,
on prior billings for a period up to, but no greater than two (2) years. These prior period
billing adjustments must be based on actual meter readings, verifiable evidence, or
proration based on actual readings.
(k) Rejection of application for services. An application may be rejected if utility
customer service has a record of previous past due accounts owing by the applicant
and/or any occupant therein that will receive benefit of the services provided to the
service location. The city has the option of requiring these amounts to be paid in full, or
transferring the amounts to the new service account after a down payment, and financing
of the remaining amount, not to exceed a period of three (3) months.
Sec. 26-10. Budget billing customer option.
Any residential or local govermnent utility customer of the city may request to be billed
for electrical, water, sewer and/or sanitation services based upon an average billing
amount. The eligibility and calculation criteria are as follows:
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(1) The customer shall request budget billing in accordance with the provisions of this
section. The customer must have established residence and have a good credit history
within the past six (6) months with the city. Budget billing will not be open for
enrollment during the four (4) months preceding the settlement month, or 12`h month, of
the budget billing year.
(2) The city may accept or deny the request based on the customer's credit history and
circumstances as presented by the customer. Upon acceptance of the request, the city
will compute the budget billing amount based on the last twelve (12) months of billing,
and adjusted for any rate changes that would affect the budget billing calculation and as
described in this subsection. The customer shall be billed this budget billing amount for
the remaining months after approval of the application. On the settlement month, or
twelfth billing month, the city will credit the customer's account for any accumulated
amount in excess of the actual twelve (12) months' consumption. If the amount is greater
than two (2) average monthly billings, the customer can request that the amounts be
refunded, if requested prior to the due date of the credit. If the amount remaining
represents an amount owed by the customer to the city, the customer shall have until the
due date of the current billing to pay the additional amount due. The customer's account
may be reviewed quarterly, and the budget billing amount may be adjusted based upon
the current billings.
(3) Monthly billing amount calculation. The city will compute the customer's monthly
budget billing amount by totaling the billings for the services for the previous twelve (12)
months. If twelve (12) months of billing history is not available, utility customer service
may estimate the billing based upon the best available information. These budget billing
averages can be adjusted to reflect any rate changes that would likely increase or decrease
the average annual billing amount. These annual billing amounts will be divided by
eleven (11) to produce estimated usages per month for the next twelve (12) months.
(4) The city may provide budget billing for utility services based upon the customer's
length of residence, credit history, and upon information provided by the customer. Upon
approval, the customer's written or oral consent shall constitute a legal agreement
between the customer and the city. The customer must comply with the terms of this
section, the terms of the agreement, and the budget billing policies of the city.
(5) Termination of budget billing services. Any late payment (payment received after
the billing due date) of any budget billing which occurs more than twice in a twelve-
month period shall be cause for discontinuation of budget billing. Any returned check
will also constitute a reason for termination of this service. Such customer may not re-
qualify for such program until the customer re-establishes at least six (6) months of
qualifying payment history. After a second removal from the program, a customer may
not re-qualify for such program until after the expiration of one (1) year and a
consecutive six (6) months of qualifying payment history.
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ARTICLE IV. WATER AND SEWER SERVICE*
Sec. 26-126.2. Tampering with or damaging electric or, water or, wastewater system
illegal connection to electric or, water or, wastewater system; unlawful use of electric or,
water or, wastewater system; prima facie evidence; separate offense.
(a) Tampering with or damaging water, wastewater, or electric system. A person
commits an offense if without the written permission of the city manager or the assistant
city manager - utilities, he knowingly, within the City of Denton Texas or its
extraterritorial jurisdiction:
(1) tampers with, damages or destroys any part of the water system; or
(2) tampers with, damages or destroys any part of the wastewater
system; or
(3) tampers with, damages or destroys a fire hydrant; or
(4) tampers with, damages or destroys an electric meter or equipment.
(b) Illegal connection to water, wastewater, or electric system. A person commits an
offense if, without the written permission of the city manager or the assistant city
manager - utilities, he knowingly, within the City of Denton, Texas or its extraterritorial
jurisdiction:
(1) connects to the water distribution system illegally, such as, by:
a. connecting to a fire hydrant without a fire hydrant meter that
has been tested monthly and is properly registering usage; or
b. connecting to water service without a water meter; or
c. connects to electric service by cutting meter seals; or connects
service ahead of the meter, such as not to record usage; or to
disrupt the function of the meter by any act, in any manner.
U discharges wastewater or other effluent from the customer's
service address into the city's wastewater system through un-metered bypass
piping.
(c) Obstruction of city access to a meter for the purpose of reading maintenance
repair or removal.
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(1) A person commits an offense if after either oral or written
notification, they continue to obstruct the City access to a meter.
Certain conditions creating prima facie evidence of tampering. For purposes of
this section, it is prima facie evidence that a person has tampered under subsections
(a)(2) or (a)(3) of this section if the person is a customer, owner, or person in control of
the premises and:
1) water is prevented from passing through a meter used or furnished
by the department to supply water to the premises; or
(2)
electricity is prevented from passing through a meter used
or
furnished by the department to supply electric service to
the
(3)
premises; or
a meter is used or furnished by the department is prevented fr
om
correctly registering the quantity of water supplied to
the
(4)
premises; or
a meter is used or furnished by the department is prevented fr
om
correctly registering the quantity of electricity supplied to
the
(S)
premises; or
water is diverted or bypassed by the use of a device, from
or
around a pipe, main, meter, hvdrant or other connection of
the
department; or
6) electricity is diverted to or bypassed by the use of a device, from or
around a meter, wire, or other connection of the department; or
(7) a conversion or misappropriation of water by any form of
connection to the water system which is not metered; or
(8) a conversion or misappropriation of electricity by any form of
connection to the electric system which is not metered; or
(9) a meter or service connection of the department used for service to the
premises is removed; or
(10) wastewater is prevented or diverted from flowing from the
premises into the wastewater system; or
(11) tapering with, or damaging, or destroying a City of Denton
electric meter, water meter box, or vault; or
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(12) tampering with, or damaging, or destroying a part of the
wastewater collection system; or
obstruction to the system, including a meter, will consist of the
following, but the following are not considered all-inclusive:
(i) Restricting access by building a fence or other object that
prevents access; or
(ii) Access restricted due to aggressive animals knowingly
placed near the system by a person; or
(iii) Access restricted with improper planting or growth o
bushes or landscaping knowingly placed near the system by
a person; or
(iv) Access restricted by covering the meter by dirt, debris,
fences, shrubs or any other item that would prevent the
ready reading or maintenance of the system, knowingly
placed near the system by a person.
(e) Prima facie evidence of knowledge. The existence on premises of a device used
for any of the unlawful purposes stated in this section shall constitute prima facie
evidence of knowledge of the unlawful purpose on the part of the customer, owner or
person in control of the premises.
()Separate offense. It shall be a separate offense under this section for each
connection, for each day, that the customer, owner or person in control of the premises
commits an act, or continues an act under this section.
(g) Penalties.
(1) A person who violates any provision of this article shall, upon
conviction, be punished as provided in Section 1-12 (a)(1) of the "General
Provisions" of this Code.
(2) The city attorney is authorized to commence an action for
appropriate legal or equitable relief in a court of competent jurisdiction.
Such relief may include:
(i) An injunction to prevent a violation of this section;
(ii) Recovery for damages to the water, wastewater, or electric
system(s) resulting from a violation of this section
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(iii) Recovery for expenses incurred by the city in responding to
a violation of this section;
(iv) A civil fine of up to one thousand dollars ($1,000.00) per
day for a violation of this section; and
(v) All other damages, costs, and remedies to which the city
may be entitled.
SECTION 2. That 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 effect 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
invalidity.
SECTION 3. That save and except as amended hereby, all the provisions,
sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of
Ordinances shall remain in full force and effect.
SECTION 4. That any person found guilty of violating Section 26-126.2 of this
ordinance by a court of competent jurisdiction shall be fined a sum as provided in Section
1-12(a)(1) of the Code of ordinances; and/or a civil fine of up to one thousand dollars
($1,000) per day. Each day that a provision of this ordinance is violated shall constitute a
separate offense.
SECTION 5. That Section 26-126.2 of this ordinance providing for a penalty
shall become effective fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance to be published twice
in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas,
within ten (10) days of the date of its passage.
SECTION 6. All the remaining provisions of this ordinance shall be effective
from and after October 1, 2002; and a copy of said rates, fees, and charges shall be
maintained on file in the Office of the City Secrets
PASSED AND APPROVED this the t t ` day of '2002.
EULINE BROCK, MAYOR
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ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
By: 9d-1'f&2 4
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
SAOur Documents\Ordinances\02\Chapter 26 Ordinance-Utilities Revision 082102 Draft 2.doc
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