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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: May 23, 2000

Subject/Title: Second reading of Ordinance No. 634 amending Chapter 14, Sections 14.01.110 and 14.01.580, relating to the application for service, due date, and delinquent penalty for water, sewer and solid waste services.

Submitted by: Anita Jones, Finance Director

Approved by: Jon Elam, City Manager

RECOMMENDATION

Hold second reading and adopt Ordinance No. 634 amending Chapter 14, Sections 14.01.110 and 14.01.580 of the Municipal Code.

PREVIOUS ACTION

Resolution 99-211 passed on September 28, 1999 eliminated the deposit for new water, sewer and garbage service and approved a non-refundable application fee to establish service.

At the March 14, 2000 meeting, the Council gave direction to staff to amend the delinquent date for water, sewer and garbage bills from, 20 days from the billing date to 30 days, and reduce the 10% delinquent penalty to 5%.

At the May 9, 2000 meeting, first reading of Ordinance No. 634 amending Chapter 14, Sections 14.01.110 and 14.01.580 was approved.

BACKGROUND

In September 1999, when resolution 99-211 was passed, Section 14.01.110, "Application for Service" of the Municipal Code was not amended to reflect the change from collecting a refundable deposit to collecting a non-refundable application fee to establish service. This section is amended to read:

"Application for service shall be accompanied by a non-refundable application fee as specified in the Cost Allocation Plan. Receipt of such application shall not obligate the water system to provide water service, until the application has been approved by the Finance Department. The application shall not obligate the applicant to take service for any period of time in excess of that upon which the minimum charges for such account are based."

Section 14.01.580, "Delinquent Accounts" This section is amended to read:

"All bills are due on the last day of the month following the billing period and if not paid by the due date a five percent (5%) delinquency penalty will be added to the following bill. Reconnection charges shall be in accordance with the Cost Allocation Plan."

After the second reading of the Ordinance, these changes will be effective for bills processed after July 1, 2000.

ORDINANCE NO. 634

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, AMENDING CHAPTER 14, SECTIONS 14.01.110 AND 14.01.580

WHEREAS, Resolution 99-211, passed on September 28, 1999, approved the discontinuance of a refundable deposit for water service and approved the collection of a non-refundable application fee, and;

WHEREAS, Section 14.01.110 of the Government Code, "Application of Service" be amended to read:

Application for service shall be accompanied by a non-refundable application fee as specified in the Cost Allocation Plan. Receipt of such application shall not obligate the water system to provide water service until the application has been approved by the Finance Department. The application shall not obligate the applicant to take service for any period of time in excess of that upon which the minimum charges for such account are based.

WHEREAS, Section 14.01.580 of the Government Code "Delinquent Accounts" be amended to read:

All bills are due on the last day of the month following the billing period and if not paid by the due date a five percent (5%) delinquency penalty will be added to the following bill. Reconnection charges shall be in accordance with the Cost Allocation Plan.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood hereby approves amending the Ordinance to collect a non-refundable application fee, and

BE IT FURTHER RESOLVED, that the City Council of the City of Brentwood hereby approves amending the Ordinance to change the payment period to the last day of the month and change the delinquent penalty to 5%,

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on May 23, 2000, by the following vote:

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