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HomeMy WebLinkAboutORD 56-CIr AN eRDIN-UTCE Entitled an Ordinance requiring the speedy installation and housing, of 'Nater Ileters and other devices for the accurate .measurement, conservation and prevention of waste of city water supplied by the Beaumen.t Water ?Iorkts system; entunerating, the cases and circumstances in whi ch, the time irithin t-rnich, the places at which, the terms and conditions under which, by whom, at whose expense, the manner and basis of payment for., and the methods by which such meters and other devices shall be installed; -providing pains and penalties for the violation of the provisions thereof; repealing all ordinances and parts of ordinances in co-,z-flict therewith to the extent of the conflict; and declaring ,_:n emergeI'lCV , much inequality exists in the use nd consumption of ci.tti water, and mach waste of city water is occasioned, without fair compensation to the city, in the City of Beaumont, by reason of the fact that r^.eay persons, firms, -o_-?.rtnersh,lps and corporations use and consume -,,greater quantities of city water than is required or used or consumed in the ordinary household for strictly household and dome -tic purposes, and permit waste of said water, because such persons, firms, partr?.ershirs and c or-nora.tions enjoying such water service have no water meter or other device for the proper and accurate measuring or conserving of the grater so used, or consumed, or wasted, but operate upon a flat rate basis of compensation; and whereas, it is imperatively necessary and expedient for the public good anct for the sake of equalizing as nearly as possible, on a, just basis, the use and consumption of and the compensat 'i.on paid for city water by the patrons the -roof, and\ for the sake of economy and the conservation of city water,ag'ainst prodiP•al and excessive consumption and waste thereof, upon a flat rate basis and without proper compensation to the city, and for the protection of property against fire, to require the installation of meters and waste and stop -cocks, and t o proper housin` of said devices by those consuming such excess 1 2 . quantities of, or wasting water, for the proper and accurate measurement of all water consumed or wasted by them, and for the conservation thereof, and denying such persons or patrons, or consnniers of water, the use of water and the.enjoyment of water service, and imposing other effective pains and penalties, unless and until they install meters and other devices for the measurement and conservation of all water furnished them, or to'their premises, within ­a reasonable time specified. BE,IT THEREFO}:E ORDAINED BY -THE CITY CONJISSION OF THE CITY OF BEAUTdONT SECTION' ONE. That every person, firm, partnership sand corporation who .owns, operates or controls any livery -stable, garage or other automobile establishment where cars are washed, any boarding house, _ rooming house, hotel, drug store, soda fountain, any character of soft drink fountain, any mercantile or other business, house of any y description., any office .building, manufacturing plant,�iee-dream factor any kind of soft drink factory, any steam boiler connection, Lti��-�t� �}'�'�-'e-L'•A-�..-� � �n...,-ao�-'•+...n�a.,�},,e,_�..�,_ ,C�° C-n..�..!•yc.-C �,a` t :.� hany stock pen or stock ,lot, any hospital, 'inclziding veterinary hospitals, any residence or business house of any,kind having siphon service or sewer flushes, or. at which, .through or by b3eans ,of any. water connection, any city water is furnished, used or consumed for. sprinkling of lawns or gardens, (except where the ho:,=e with the nozzle attached is held continually in the hard while water is being used, and then only and no more than two hours out of 'each twenty- four hour day, or any like service involving consumpti on of city water in excess of the amount required or,used in the ordinary household for strictly household and domestic purposes, any irrigation plant, any building or warehouse conducting a public service or utility business, any house or building or establishment of any kind installing new water connections, or renewal water -lines, or any additional service lines, who, and every other person, firm, part- nership or corporation who uses or consumes water for any purpose or in,an.yquantity other than is used or required by the ordinary household for strictly household or domestic purposes, with the exception above stated, who, as a patron. of or consumer of water furnished by the Beaumont City, Water Works system,'has no water meter at the place or ,.places where or in connection with which said water is used 'or consumed, shall be" and every such person, firM partnership and corporation is hereby, required, under the pains ,and penalties hereinafter imposed, to install a- water me, -ter. for -the proper, and accurate measurement and conservation of .all city water, furnished to and consur�ied at or, in cone'etion with any such business or establishment, or house or-building.or water connections and, service .enumerated herein, owned., operated or _controlled by any such person, ,firm, partner,sh p.'or. corporation; and said water meter shall be,properly housed within a concrete or iron box and provided with',a suitable cut-off or stop -cock and other modern', approved appurtenances which may be required by said Water Works Commission to aid in the proper and accurate measurement and conservation of.water, all of,said material and the installation. thereof to be approved by the said Water Works Comtission, or some person delegated by.�hem, before the aforesaid meter shall be cut '.in and used or put in-service; provided; however; that upon,proper application made to said Water Works Commission,,' upon forms to.be furnished free by said Commission' :to all bona fide pat -ions who may_ request the same for the purpose, and compliance. with all require- ments in connection with said application, as herein elsevahere provided; the said Commission shall install said water meter, with, stop -cock or ."cut-off and all other necessary appurtenances, and house the same, all 0 -f. -the :said material furnished, including the meter; stop -cock and other appurtenances, and all labor -actually performed in theinstallation thereof, to; be paid for -by the patron for whom said meter shall have been installed, upon such terms as to time for payment as the said Commission may stipulate; provided,; that no patron for whom said meter is installed -shall ever be required to pay more than the actual cost of the material furnished and the labor actually performed in the installation thcr.eof. Any person, firm, ,partnership, o -r ' corpor.ati:on mentioned 'or designated herein who.shall fail'to install or cause" to be installed, or apply to said Commission for -the installation of as provided herein, a water meter as provided for herein, shall,.from.and after the ®piration of sixty days immediately following the passage of" this ordinance, be disconnected from all water service . and shall thereafter be denied the use of city viator"and -all city water, servi`ce,. unles"s and until' such person, firm, partnership or corpora- tion installs or causes to be installed ,or, applies to said Commission for the installation of, as provided- here, .n,, a water meter as provided for herein.. Provided, however, that if any such' person;, 'firm, " partnership or corporation shall have seasonably made proper appli cation to said Commission for the.- installation .of said meter, as provided for herein, and complied with;all'requirements in connection therewith,__ and by. the fault _-of- saidComm :ssi"on--,---,and: only in''"that event, the said meter is not installed, then any such person, firm, partnership 'or .corporation who shall have made such appli-cation and complied 'wi:th said requirements shall be :rel.ioved• from the pains and penalties herein imposed, providing that the fault or default of_' said Commission in such case must be clearly and conclusively shown before such person, firm, ,partnership or, corporation shall. be "excused or relieved from such pains and penalties. ,SECTION 'TWO. That the -said 'ldate}• Works Commission shall not make. nor cause nor permit to .be made any further or new water connections of 'any de,scri-otion whatever, anywhere in the City of B"eaurn'to or for any person, firm; partnership or corporations for any purpose or for .any water 'service whatever, without .a meter being installed before, any city water is furnished through or by means, of such connections, as provided in this ordinance; and. it shall be. unlawful for any person, firm, partnership or corporation to make or cause to be. made any water connections whatever for the use -and consumption of Beaumont city water, without first installing, or hating installed, or causing to be installed, upon proper application and com- plicance withall requirements in.connection therewith, as herein else- where provided, a water meter at such place or business or establishment or house or building where such connections are. made, and housing, be- fore using, the said water meter within a concrete or iron box, with all modern approved appurtenances as hereinbefore provided for said water meter and housing dei*ice. Every such person, firm, partnership or cor- poration offending against this section in any particular -shall be deemed - and held to be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine in any sum not exceeding §200.=00; and each day any -such water connections remain connected up, and water is used or consum- ed or permitted to be used or consumed in any amount or to any extent whatever, through said water connections without a meter as provided for herein, shall be deemed a separate offense. SEC`rIOR 1HHEE From and after the expiration of sixty days immediately follow- ing the passage of this ordinance, it shall be unlawful for any person, firm, partnership or corporation who owns, operates or controlls any livery -stable, garage, boarding house, rooming house., hotel, drug store, soda fountain, any character of soft drink fountain, mercantilR ortio they business house of any description, any office building, manufacturing plant, ice-cream factory, any kind of soft drink factory, any stearp-boiler connection, any stock pen or stock lot, any hospital, including veterinary hospitals, any residence or business house of any kind having siphon ser- vice, or sewer flushes, or at which, through any water connection any city water, is used or consumed for sprinkling lawns or gardens, except where the hose with the nozzle attached is held continually in the hand while water is being used, and then only and no more than two hours out of each twenty-four hour. -day, or any like service involving consumption of city water in excess of the amount required in the ordinary household for strictly household and domestic purposes, and irrigation plant, any building or warehouse or other establishment conducting a public service or.utility business, any 6. house or building or establishment of any kind at which is being or hereafter is installed. new iPrater connections, or renewal Dater lines, or any additional service lines to be used in, upon or in connection with any of'said businesses or establishments, or houses or buildings, or water connections of any description enumerated above, by or through the means of which city water is furnished, used or consumed, or to be furnished, used or consumed for any other purpose whatever than for strictly household and domestic purposes, to use or consume any city water supplied by the Beaumont Mater Works system, without a water meter at the place or places where or in connection with which said water is used or consumed, properly housed in a concrete or iron box, provided with a stop -cock or cut- off, all approved by the Beaumont Viate.r Works ComtTiission, or by some person delegated by said Commission for that purpose; and any such person, firr.:i, partnership or corporation who shall violate any of the provisions of this section shall be deemed and held to be guilty of a misdemeanor and upon conviction thereof shall. be fined in any sure not exceeding ',;200.00; provided further, that from and after the expiration of said period of time, in addition to said fine, the said Beaumont VJa.te-r w7nrks Commission shall, and it is hereby made their duty to deny every such person, firm, partnershi-o or corporation offending against any provision in this or any other section of this ordinance, the use or consumption of any city water whatever, by cutting off and disconnecting, or causing to be cut off and disconnected, all water connections and water service serving any such -person, firm, partnership or corporation at the business or establishment, or house or building, or tVhe.rever else- where the above and all other provisions of this ordinance shall have been violated; provided further, however, that if any such person, firm, partnership or corporation shall have made application, as herein elsewhere provided for, to said Water �"forks Commission for the furnishing and installation of said meter, and complied with, all requirements in connection therewith, and the said Commission, by its own fault, shall_ have failed to furnish and install said meter, then said person, firm, partnership or corporation shall- be relieved from the pains and peneilties provided for herein; provided, however, that nothing herein shall be construed to relieve any such person, firm;pa-rtnership or cori>oration from the pains and penalties herein provided for, except upon the default of the said Commission itself, clearly and conclusively shown. Provided further, that whenever any person, firm, partnership or corporation mentioned or designated in this ordinance, installs, or applies to the said Commission to install a meter as in this ordinance provided, and complies with all. real:,irements in connection therewith, said person, firm, partnership or corporation shall then be entitled to water service, upon paying due compensation therefor, and shall not be denied or deprived of the same on account of any of the provisions contained in this ordinance. SECTION FOUR. Any plumber or other artizan whomsoever who shall do any plumbing work Whatsoever, for himself or any person, firm, partnership or corporation, in connection with or which will affect the use or consumption of city v ater supplied by the Beaumont hater Works system, without obtaining a permit to do such work from the Beawnont plater Works Comnission, shall be deemed and held to be guilty of a misdemeanor, and upon conviction thereof shall be fined in any swn not exceeding Two Hundred (""200.00) Dollars. SECTION FIVE. That all meters with their appurtenances, as hereinbe- fore specified, installed hereafter in the residential sections of the City of Beaumont, and whenever and wherever installed at a_ly residence in said City, shall be placed near the curb line, be tween the side -walk and curb line on the -premises. SEC`T'ION SIX. That the Beaumont Wlater ?f/orks Commission shall be, and they are hereby empowered at their discretion to delegate r�ny person_ whom they select, to inspect, supervise, approve or disapprove all work provided to be done hereunder. SECTION SEATE . That whenever the Beaumont Water Works Commission furnishes any material, or does.any work under the provisions of this ordinance, for the patrons of, or. users of water furnished by, the Beaumont City Water tlorks system, otherwise than on a cash basis, the City of Beaumont shall have a first lien noon the premises where said material is furnished and labor. performed, "'_'�"�=����t-rie�-r-rer�i�e-�.�,u�?���e�s•�i�#3a�e�z'�'f'al -:i`.;�'.�-.=�=�h�-c1 ar Pmre , and a first lien irL)on all the apj)urtenances thereunto belonging, and all other property, real., personal and !ai.xed, of said patron or user of water, wherever situated, to secure the payment of the actual cost, and no More, of said material furnished and labor actually performed; and the sG.id lien shall. exist and be enforcible whether a contract, parol or written, between said Commission and the oumer of said premises, is made ,lid entereu into or not. SECTION EIOtii. That said Water ''dork Commission shall install all service lines from its mains to the matrons' property lines, 01 same to be paid for by such patrons to whose property line or , , lines the said service lines are in -Called, at the actual cost of the material furnished and labor performed, but no more; provided, however, th t any such patron may do, or have done, the said work and furnish the material himself; subject, hor!ever, to the super- vision and approval,ox disapproval of -said '7,2,ter Rorks Commission, or any par -,-on delegated by them for that purpose. SECTION ITINE. That each water service line hereafter installed shall be provided with a private --nd individual waste and stop- cock, and whenever an extra water service line is extended, there shall be provided then efor and attached thereto an extra individual waste and stop -cock, by the patron, or by said Conunissi.on on application, to be paid for by the patron at actual cost of material and installation, and no more; and all toilets and lava- tories hereafter installed shall have a separate and independent waste and stool -cock, for use of uncontrollable leeks and waste, the same to be installed and paid for by the patron, or by the said Coramission on application, in which latter evert the same shall be paid for by said patron at actual cost, and no more, of the material furnished and labor done in the installation thereof. SECTION TENI. That all ordinances and resolutions and ra,rts of ordinances and resolutions in conflict with this ordinance, or any provision herein shall, as to such conflict, be and the same is hereb,7 repealed. SECTIOTT BEVY' N. That the fact that much inequality exists in the use and consumption of city water, and much waste of city water is occasioned, without compensation to -the city,. in the City of Beai' vont by reason of the fact that }early persons, firms, partner- ships and corporations use and consume greater quantities of city wate.r than is required or used or consumed in the ordinary household for strictly household and domestic purposes, and permit waste of said water, because such person , firms, pa-rtnershiy)s and corporations enjoying such water service have no water meter or other device for the proper and accurate measurement of the water so used or consumed or wasted, but o-ner. ate and ' use and consume said water u-oon a flat rate basis, and the fact that it is imperatively necessary and expedient for the general publ.i.c good, and for the 10. sake of e aualizing as quickly and . as nearly as possible on a just basis the use and consumption of, and the compensation paid for city water by the patrons thereof, and for the sake of economy and conservation of city mater against prodifmal and excessive consumption and waste .thereof without proper compensation to the city, to regtii.re the installation of a meter by those consuming such excessive quantities thereof or wasting ;,rater, for the -proper and accurate measurement of all water consumed or Brasted by them; and these being no other means or method b,,, which to secure the relief and adjustr)ents so necessary, creates an .i.mpera.tive public emergencLT, necessitating the suspension of the rule requiring the reading of an ordinance on three several. days before passage; wherefore, said rule is hereby suspended and this ordinance shall take effect on and after its passage and signature of the -1.1ayor.