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86-028 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING SECTIONS 31-23 AND 31-26 OF ARTICLE II OF CHAPTER 31 OF SAID CODE ORDINANCE N0. 86-02$ AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, FROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTIONS 31-23 AND 31-26 OF ARTICLE II OF CHAPTER 31 OF SAIB CODE; PROVIDING FOP. THE DESIGNATION OF THE DIRECTOR OF FINANCE AS THE CITY COUrICIL'S AUTHORIZED REPRESENTATIVE TO CONSIDER MATTERS OF ADJUSTMENT FOR WATER I,OST OR WASTED AND ESTABLISHING A HEARING PROCEDURE FOR WATER AND SEWER CUSTOMERS DESIRTNG A VARIANCE IN PAYMENT SCHEDULE FOR MATTERS OF HARDSHIP, ILLNESS OR DISABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1986. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Section 31-23 of the Code of Ordinances of the City of Paris, Paris, Texas, be amended so that such shall read as follaws: "Sec. 31-23. Adjustment for water lost or wasted. unless such deductiori or adjustment shall be directed by the city council or its authorized representative, the director of finance, following a thorough and complete investigation of the circumstances surrounding such loss or waste." Section 2. That Section 31-26 of the Code of Ordinances of the City of Paris, Paris, Texas, be amended so that such shall read as follows: "Sec. 31-26. Discontinuance of water service for failure to pay and right of hearing in connection with same. (a) If any person shall fail to pay the bill for water service or for sewer service rendered to such person by the city before the expiration of ten (10) days after the date on which such bili is due and payable, the water service of such person shall be discontinuPd, and such service shall not again be resumed until such person shall have paid the delinquent water and sewer bill in full, together with a reconnection fee of ten dollars ($10.00). It shall be unlawfuZ for any persan, other than a duly authorized employee of the city, to reconnect such service. (b) The director of finance of the City of Paris is designated the due process hearing officer for water and sewer accounts and as such will hear and determine matters of hardship, illness or disability which would justify a payment schedule other than that fixed by this articie. (c) Water patrons desiring special consid- eration with regard to the payment and billing schedule as established by this article must make affidavit showing the circumstances upon which they request a variance of payment schedule. Such affidavit shall be delivered to the director of finance who may act solely upon the affidavit or may set a hearing date and require the water customer to be present for the purpose of answering under oath questions concerning the request for variance of payment schedule. A determination by the director of finance may be appealed to the city council of the City of Paris. (d) Any person making f_alse affidavit for the purpose af gaining a variance in water or sewer payment schedule shall be guilty of a Class C Misdemeanor, and upon conviction shall be fined in any sum not to exceed two hundred dollars ($200.00)." Section 3. Any persan violating any of the provisions of this ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200.00, and each and every day's continuance of any violation of the above enumerated section shall constitute and be deemed a separate offense. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 5. This ordinance shall become effective on September 1, 1986. Passed and adopted this llth day of August, 1986. ~ Bi e Burnett, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: . K. H nes, City Attorney