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HomeMy WebLinkAboutOrdinance No. 08-1758 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 08-1758 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES, BY AMENDING CHAPTER 12, ARTICLE VI, "WATER AND SEWER CODE", SECTION 12-107, "BILLING", BY AMENDING SUBSECTION (i) TO PROVIDE FOR THE ESTABLISHMENT OF A LATE CHARGE BY RESOLUTION OF THE CITY COUNCIL; AND, BY AMENDING SECTION 12-108, "MUNICIPAL UTILITY DRAINAGE SYSTEM," BY AMENDING SUBSECTION (c) (5) TO PROVIDE FOR THE ESTABLISHMENT OF DELINQUENT FEES BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the sections and subsections referenced herein provide the dollar amount of the fees to be charged by the City for late charges and delinquent fees; and WHEREAS, the City has adopted a master fee resolution which provides for each of these fees in one location; and WHEREAS, the City Council has determined that it would be in the best interest of the City to amend Chapter 12, Article VI, "Water and Sewer Code", Section 12-107, "B illing", by amending Subsection (i) and, by amending Section 12-108, "Municipal Utility Drainage System," by amending Subsection (c) (5) to provide for the establishment of the fees contained therein by Resolution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be and the same is hereby amended by amending Chapter 12, Article VI, "Water and Sewer Code", Section 12-107(i) and, by amending Section 12-108 (c) (5), to provide for the establishment of the fees contained therein by Resolution, which shall read as follows: "Chapter 12 Municipal Utilities and Services ARTICLE VI. WATER AND SEWER CODE Sec. 12-107. Billing. 1 TM 27365.76.000 (i) A late charge as established by resolution of the city council may be charged before the close of business on the due date as specified on the bill rendered to the customer. Sec. 12-108. Municipal utility drainage system. (c) Municipal drainage utility fees. (5) Delinquent fee. A delinquent fee in an amount established by resolution of the city council may be assessed before the close of business on the due date as specified on the bill and shall be collected in a manner consistent with V.T.C.A, Local Government Code ~ 402.050. " SECTION 2. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be and the same are hereby repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. 2 TM 27365.76.000 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS TillS 5th day of Mav. 2008. ATTEST' CLf~ LJ~ Christie Wilson, City Secretary Robert E. Hager, City (REH/cdb 04/29/ 3 TM 27365.76.000