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HomeMy WebLinkAboutORD 88-72 L) _3 ORDINANCE NO. 88-72 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND WATER AND SEWER y DEFINITIONS, REGULATIONS AND FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 : That Chapter 28, Section 28-50 through 28-55 of the Code of Ordinances of the City of Beaumont be, and the same are hereby, repealed and new Sections 28-50 through 28-55 are hereby enacted to read as follows : Article III Water and Sewer Regulations Generally* Sec. 28-50: Water Service Rates (a) The following rates per month shall be the rates charged for water service furnished to customers within and outside the corporate limits of the City, except as provided in Paragraph b of this section. Rates : Minimum Monthly Charge: Water Meter Minimum Minimum Size Inside City Outside City 5/8 3.01 4.52 1 3.33 5.00 1-1/2 3.65 5 .48 2 4.56 6.84 3 9 . 27 13.91 4 13. 15 19.73 6 20. 25 30.38 8 27. 85 41 .78 10 38. 32 57.48 12 47 . 78 71 .67 Usage Rate Inside City Outside City First 1000 Gal. Minimum Minimum Over 1000 Gal. - $ per 1000 Gal. 1. 31 1.'97 (b) A deduction of $1.31 from the monthly minimum charge will be allowed for yard watering meters and eligible senior citizens. (c) Eligible senior citizens shall mean customers residing in a single-family inside city residence who are over the age of sixty-five (65 ) years whose total annual income, when combined with the total annual income of all persons residing in the residence, does not exceed eleven thousand five hundred dollars ( $11, 500. 00 ) . To obtain the monthly minimum charge deduction, persons eligible must file a sworn application, on a form provided therefor, with the Water Utilities Department. Upon approval of the application the senior citizens monthly minimum charge shall be applicable for the life of the applicalit. Sec. 28-51 : Sanitary Sewer Service Rates (a) The following rates per month shall be the rates charged for sanitary sewer service furnished to customers within and outside the corporate limits of the City where the sewage produced by such customers is a normal strength wastewater ( 150 mg/13OD, 550 COD and 200 mg/1 Total Suspended Solids) as provided in Sec. 28-100 Paragraph J and Sec. 28-104 Paragraph C. Minimum Monthly Charge: Inside City Outside City Meter Size Minimum Minimum 5/8 2. 80 4.20 2.85 4.30 2 - Inside City Outside City Meter Size Minimum Minimum 1-1/2 2.90 4.35 2 3. 15 4.75 3 3 .55 5.35 4 5 .15 7.75 6 8.00 12.00 8 10.00 15.00 10 18 .00 27 .00 Usage Rate Inside City Outside City First 1000 gals . 1 . 22 1 .83 Over 1000 gals. 1 . 22 1 .83 $ per 1000 gals. 1 . 22 1 .83 Surcharge Rates : BOD ( $/lb. ) 0.0810 0.1215 TSS ( $/lb. ) 0.0185 0.0278 COD ( $/lb. ) 0.0347 0.0521 (b) Residential inside City sewer charges for the months of November, December, January, and February will be based on actual metered water usage. Sewer charges for the months of March through October will be based on the average of the monthly water usage of the preceding months of November through February, or the actual usage for the months of March through October, whichever is less. Where no preceding November through February monthly average volume is available from records, the Director of Water Utilities shall establish an average monthly volume based on the average monthly water usage of all residential water users in each particular cycle route for the winter months set out above. (c) Commercial and industrial sewer usage charges shall be based on one hundred ( 100) per cent of the metered water usage. In circumstances where a commercial or industrial customer desires a credit for metered water being consumed but not being - 3 - returned to the sanitary sewer, it shall be the responsibility of the user to furnish to the Director of Water Utilities an engineering report, certified by a Professional Engineer, that justifies and supports the discharge reduction as being a continuous normal part of the process. Based on the data provided the Director of Water Utilities may estimate said return or require submetering of the process water. Meter used for submetering shall be furnished at the customer ' s expense and shall be approved by the Director of Water utilities. Sec. 28-52: Payment of Charges & Deposits (a) All bills shall be computed at the herein described rates and shall be payable within thirty ( 30 ) days from the date of such bills. (b) Failure or refusal by any customer to pay any bill to the water department or its authorized representatives, upon demanC, shall constitute a breach of contract, and water and sewer service may, within ten (10 ) days from notice of such failure, be discontinued to the customer, and, at the discretion of the Director of Water Utilities, such services shall not be renewed until the customer has paid all delinquent bills, plus the following applicable service charges: (1 ) Field collection . . . . . . . . . . .$20.00 (2 ) Cut and seal . . . . . . . . . . . . . 25. 00 (3) Seal broken . . . . . . . . . . . . . 5. 00 ( 4) Meter removed . . . . . . . . . . . . 30 . 00 (5 ) Service killed at the main line . . .100 . 00 (6 ) Second trip on service turn-on . . . . 5. 00 4 (7 ) Turn-on fee . . . . . . . . . . . . . 10 .00 (8) Return check . . . . . . . . . . . . . 15. 00 (c) The notice to the user of failure or refusal to pay for water, sewer and sanitation service shall provide for a hearing if requested by the user. A user may request and receive a hearing concerning termination of water service and termination shall not occur until a determination of the merits of the user' s appeal is made by the person conducting the hearing. (d) The Director of Water Utilities or his authorized agents, may require from any applicant for water service a cash deposit to secure payment of water, sewer and sanitation charges or any other charges t-hat may accrue, and when such deposit is made it shall be not less than ninety dollars ( $90 .00 ) , provided, however, additional deposits may be required from any applicant to pay charges accrued or to accrue for the services. Failure to pay additional deposit will forfeit right to water, sewer and sanitation services and the same may be discontinued five (5 ) days after notice to pay such additional deposit. Sec. 28-53 : Connection to water and sewer systems & fees (a) Required. All property owners owning property within the City which is within three hundred (300 ) feet of a city sanitary sewer or water line measured from the property line of such property to such utility line shall be required to connect to same. (b) Connections to be made by Water Utilities Department; tampering, etc. prohibited. It shall be unlawful for any person or agent of any company to make connections with or any opening into the city sanitary sewer or water system. 5 It shall be unlawful for any person or agent of any company to open, close or tamper with water system appurtenances. All water and sanitary sewer connections shall be made by water utilities department personnel or persons authorized by the Water Utilities Director. (c) Each detached dwelling unit shall be served by a separate meter. At the option of the owner, a building containing more than one dwelling unit or a mobile home park may be served by a single meter of a size to be determined by the water department. Accessory buildings, including servants quarters, may be served by 'the same meter that serves the main building. Where a residential dwelling and commercial business are served by a single meter the account shall be considered as a commercial account for billing purposes. It shall be unlawful for any persons or company to furnish water to a separate, detached business or dwelling unit by means of a water hose or other similar hose connection. (d) Meter & Tap Fees A charge shall be made by the Water Utilities Department for each new tap of the water and sewer main for a connection, said charge to be determined by the size of the connection and size of the meter. A fee shall be charged; according to the schedule established by the Director of Water Utilities annually. The fee shall be sufficient to cover cost of materials and labor necessary to make such connection, plus (10 ) per cent for overhead. 6 All meters used for measuring the flow of water or sewer shall be approved by the Director of Water Utilities. (e) Connection Permits Required; Applications Application for connection permits shall be made in writing to t'i-le Building Inspections Superintendent by the property owner or his authorized agent. Sec. 28-54 : Testing Water Meters (a) Any customer to whom water is furnished through a meter shall have the right to demand that his meter be tested for accuracy, and when the customer wishes such test made, he shall deposit with the water department ten dollars ( $10.00 ) for each meter he desires to be tested. (b) If any meter through which a customer is being supplied water is found, upon test, to be inaccurate by more than two (2 ) per cent plus, the amount deposited for making such test is to be returned to the customer and all charges against the customer shall be credited for the proportionate amount the bill is increased because of over-registration of meter. (c) If, upon such test, the meter is found accurate, the deposit of the customer shall be retained as a fee for making such test. if the meter is found slow by more than two (2 ) percent, -then it will be the duty of the Director to charge the customer for any amount that may be due the water department because of under-registration of the meter. (d) Any customer shall have the privilege of witnessing the test of his meter, and for that purpose shall be given notice of the time when such test is to be made. - 7 - (e) Should a dispute arise between a consumer and the water department as to the amount of any bill and as to the number of gallons of water used by such consumer, the consumer, complying with subsection (a) , may ha-ve his �,.ieter tested. If, however, the consumer fails or refuses to have his meter tested, it shall be the duty of the water department to make such test to determine whether the customer is being overcharged and shall advise the consumer that such test is to be made and the time thereof, and if such test is made and it is found the meter is correctly registering within a range of two (2 ) per cent plus or minus, then the customer ' s bill, -together with the testing charge above specified, shall become due and payable, and upon his refusal to pay same, the customer ' s water shall be cut off and no further services rendered until delinquent bills are paid. Sec. 28-55 : Water & Sewer Service Outside City No water or sewer service shall be furnished any subdivision outside the city unless and until a plan, plat or replat shall have been first approved in the manner provided by law. If such a plan, plat or replat shall have been so approved in accordance with the state statutes, the City may, if it is deemed advisable, furnish water service to premises outside the city limits of the city, under the following rules: (1 ) Any person residing outside of the City desiring to use city utilities shall make application to the water department requesting service, which shall state the location of the premises to be served and the purpose for which service is to be used. Such application shall be made upon blanks furnished by - 8 - the City and shall be signed by the agent or owner of the property to be served, and he will become liable for charges for water furnished under such services, and subject to the same remedial action as for service inside the City. (2 ) Water services to customers outside the city limits shall be rendered at a rate that is equal to one hundred fifty (150 ) per cent of the rate established inside the city limits. Section 2. That Chapter 28, Section 28-56 (c) be, and the same is hereby, repealed. Section 3. That Chapter 28, Section 28-100 , as to the definition of "domestic waste water", sub-section " (a) " is hereby amended to read as follows: " (a)BOD = 150 milligrams per liter of waste water" Section 4. That Chapter 28 , Section 28-104 (c) , as to the definition of the value of "AB" as used in the formula for oxygen demand surcharge is hereby amerideCI to read as follows: AB = user BOD - normal E30D = (BOD - 150 ) . Section 5. That Chapter 28-104(c) is hereby amended to remove all the user costs, as found in such section, for BOD, COD, SS, and O&G, whether the cost be pet, pound or per milligram per liter per million gallons. The surcharge rates are now found in this ordinance in Section 28-51 (a) . - 9 Section 6. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of saime to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Sect'-ion 1 -8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1988. Mayor 10