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HomeMy WebLinkAboutORD 10-Nt AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE CRENTING A BOARD OF WATER WORKS COMMISSIONERS FOR THE CITY OF BEAUMONTs PROVIDING FOR THEIR APPOINTMENT AND TERMS OF OFFICE, PRESCRIBING QUALIFICATIONS OF THE LM0ERSs DEFINING THE RIGHTS, POWERS AND DUTIES OF SUCH BOARD, AND DECLAR- ING AN s + JCY9" PASSED ON THE 21ST DAY OF APRIL, 1914# AS AMENDED BY AN ORDINANCE PASSED ON THE 2ND bhY OF JUNE, 1914s AS ADDED BY AN ORDINANCE PASSED ON THE 5TH DAY OF OCTOBERP 19159 AS AMENDED BY AN ORDINANCE PASSED ON THE 22ND DAY OF AUGUSTS 19169 AS AMENDED BY AN ORDINANCE PASSED THE 27TH DAY OF JANUARY, 19259 AS AIDE@ BY AN ORDINANCE PASSED THE 12TH DAY OF FEBRUARY, 1928: EMPOWERING THE CITY CO=SSION TO CONTROL, OPERATE, MANAGE, MAINTAIN AND IWROVE THE WATER WORKS SYSTEM OF THE CITY OF BEAUMONTs AUTHORIZING THE EM- PLOYMENT OF ALL NECESSARY HELPS DESIGNATING THE CITY COMMISSION AND CITY L:ANAGER AS OPERATING HEADS OF SAID WATER WORKS SYSTEMS PROVIDING FOR THE PAY- MENT OF ALL REVENUES DUE SAID WATER WCRKS"SYSTEM TO THE CITY OF BEAUMONT WATER DEPARTMENT9 PROVIDING FOR THE EXPENDITURE OF SAID REVENUES BY THE CITY CONNISS- ION FOR CERTAIN PURPOSES, MIPOWERING THE CITY COMSSION TO PRESCRIBE NECESSARY RULES AND REGULATIONS FOR THE OPERATION OF SAID SYSTEMsDEFINING TERMSs-FIXING THE RATES TO BE CHARGED BY SAID CITY COIMSSIONs PROVIDING RULES AND RMULA- TIONS COVERING THE SERVICES RENDERED BY ITs AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUMISSION OF THE CITY OF BEAUMONT: That an Ordinance entitled "An Ordinance creating a Board of Water Works Commissioners for the City of Beaumont, providing for their appoint- ment and terms of offices prescribing qualifications of the members, defining the rights, powers and duties of such Board and declaring an emergency," passed on the 21st day of Aprils 1914s as amended by an ordinance passed on the 2nd day of Junes 1914s as amended by an ordinance passed on the 5th day of Octobers 19159 as amended by an ordinance passed on the 22nd day of Augusts 19163 as amended by an ordinance passed on the 27th day of Januarys 19259 as amended by an ordinance passed on the 12th day of Februarys 1928s be amended so that the same shall here- after read as follows, to -wit: SECTION 1 The City Commission of the City of Beaumont fhall hereafter be invested with the poorer to controls operates manages maintain and improve the 'later Works System of the City of Beaumonte SECTION 2 The City Commission shall have the power and authority to em- ploy all necessary helps all Superintendents and Directors, and all employees, and shall have -the power to prescribe the rules and regulations governing all employees. I -lm -. OF s SECTION 3 The City Commission and the City Manager shall constitute the operating heads of all divisions of the Water Works System and shall handle all moneys collect all billss and perform all services that are usually performed by the active.officers of a public service corporation of like natured The City Clerk of the City of Beaumont shall be General Secretary of the Water Works Systems with such powers and duties as are usually incident to such office and with such powers and duties as the City Commission may from time to time pre- scribed SECTION 4 All revenues of the Water Works System shall be payable to the City of Beaumont - Water Departments and such funds shall be deposited in the City Depository to the credit of the Plater Works Yevenue Fund. No money shall be drawn from the said Plater 'Forks Revenue Fund except in pursuance of an appropriation by the City Commission upon a voucher signed by the City Clerk and countersigned by the City Managers and as provided by the Charter and Ordinances of the City of Beaumont SECTION 5 The City Commission shall be empowered to spend the revenue of the 'Fater Works System of the City of Beaumont for the following purposes: For the payment of interest and to create a sinking fund on bonded indebtedness of the Water Works Department of the City of Beaumont; for betterments and improvements and extension of the property of the Water Works System, including the purchase of necessary real estate and other property, and including the right-of-way for canals and other purposes; for repairs, mainte- nance and operating expensess including all salaries to employees, and said City Commission is hereby empowered to fix the amount of said salaries; and for re- tiring the bonded indebtedness of the Water Works Department of the City of Beaumont* and for the creation of a reserve fund for the protection of the property of the Water Works Systems and for emergencies. SECTION 6 The City Commission shall have the power to prescribe such rules and regulations from time to time as may be necessary for the economical operation of the Water Works Systems when such rules and regulations do not conflict with any paragraph of this ordinance. -2- vv 0 SECTION 7 No employee or agent of the. City Commission of the City of Beaumont shall have authority to make any other rules or regulations or to pr - form any other service, or to furnish any watery or to do anything in the name of the City Commission which is not provided for in this Water Ordinance, or by proper rule or regulation made by the City Commissions and put on record in the Minutes of said Commission. SECTION 8 The terms "Water Ifforks Departments" "Water Departments" "later Works System" and 'Beaumont later Works" wherever used in this ordinance, shall always mean the Department of the City Government of the City of Beaumont furnishing and supplying water and water service to consumers. The,word "Custo- mer" or "Consumer" shall always mean the party or parties purchasing water or water service from the City Government of the City of Beaumonts SECTION 9 The following rates, rules and regulations are hereby estab- lished and shall be enforced and collected by the City Commission of the City of Beaumont for water services furnished within the corporate limits of the City of Beaumont: (a) The following metered rate for prat er measured through meters approved by the Water Works Department shall be effective with the pass- age and adoption of this ordinances to-witl Inside City Limits of the City of Beaumont First One Hundred Thousand Gallons at 20¢ per thousand gallonso Second One Hundred Thousand Gallons at 19¢ per thousand gallons. Third One Hundred Thousand Gallons at 17¢ per thousand gallons. Fourth One Hundred Thousand Gallons at 15¢ per thousand gallonso Fifth One Hundred Thousand Gallons at 14¢ per thousand gallons* All Over Five Hundred Thousand Gallons at 13¢ per thousand gallonso When water is on, a minimum charge for Four Thousand Gallons of water pr month shall be made. (b) No flat rate connections shall be made to the mains of the Water Works System of the City of Beaumont. (c) All bills shall be rendered at the herein prescribed rates on a monthly basis and shall be payable within Fifteen (15) days from date of said bill. Failure to receive any bill or any notice shall not relieve the customer from forfeiture or penalty provided for failure to payo -3- it (d) Failure or refusal by any customer to pay any bill to the dater Works Departments or its authorized representatives) upon demands shall constitute a breach of contract and water service shalls within ten (10) days from notice of such failures be discontinued to the customers and such service shall not be renewed until the customer has paid all delinquent bills) plus $1.00 service charge. Applications for meter tests or protest of charges on file with the Water Department shall not in any manner alter or extend the purposes of this paragraph. (e) The Water Departments or its authorized agents) shall re- quire from any applicant for water service a cash deposit to secure payment of water charges) service chargess or any other charges that my accrues and when such deposit is made, it shall be not less than Oe00s providing) howbvers that additional deposits may be required from any applicant to pay charges accrued or to accrue for water serviced (f) Not more than six separate services shall be rendered on any one meters provided that all shall be located upon the same block of ground with no intervening streets or alleyss nor any public or private property be- tween theme Where water is supplied through a single pipe on which there is a meters the Water Works Department will not undertake to apportion the charges for use of water among the several owners or occupants) families or tenants) but the bill for the use of water will be charged against the owner or occupant through whose property the service pipe passese SECTION 10 (a) All water furnished to various departments of the City of Beaumont and all City Schools of City of Beaumont shall be measured by meters s except such temporary connections that may arise in emergencies; and charges shall be made for all such service at the rate of 100 per One Thousand Gallons. (b) Before breaking into hard surface or paved streets to make repairs to the street mains or service pipes connected therewith) the Mater Works Department shall obtain a permit from the Street and Bridge Department. This application shall constitute an order to the Street and Bridge Department to make the,necessary repairs to said pavement or hard surface street and shall be made at cost of material and labor for each and every jobs and 10% shall be added to the cost of material and labor for superintending and use of tools. Services that may be rendered to any department of the City of Beaumont outside of the prescribed rates for furnishing waters shall be rendered by the Water 16 -rV Works Department at cost of labor and material necessary to perform said service, plus a charge of ten per cent for superintending and use of tools. (c) In case of paving of any new thoroughfare, the dater Works Department of the City of Beaumont shall, at its own expense, lower its mains and service connections to its customers, but shall have at least two weeks' notice in advance of the intention to pave such thoroughfare in order that the Water Works Department may make the necessary preparations to lower said mains and service connections. SECTION 11 (a) The City Commissioners may, if in their judgment they deem it advisable, furnish water to permises outside the limits of the City of Beau - wont, under the following rules& .(b) Any person or persons residing outside of the City Limits of the City of Beaumont, desiring touse city water, shall make application to the Water works Department requesting service, which shall state the location of the premises to be served and the purpose for which water is to be used. Such application shall be made upon blanks furnished by the City Clerk and shall be signed by the agent or owner of the property to be served, and he or they will become liable for charges for water furnished under said services& (c) Vater service to consumers outside the City Limits of the City of Beaumont shall be rendered at the following metered rates: First One Hundred Thousand Gallons at 22¢ per thousand gallonse Second One Hundred Thousand Gallons at 20¢ per thousand gallonse Third One Hundred Thousand Gallons at 18¢ per thousand gallons* Fourth One Hundred Thousand Gallons at 16¢ per thousand gallonse Fifth One Hundred Thousand Gallons at 15¢ per thousand gallonse All Over Five Hundred Thousand Gallons at 14¢ per thousand gallons* When service is ons a minimum charge of $1900 per month shall be made. (d) The City Commission may make special contracts with any consumer whether inside or outside the City Limits with reference to rates* (e) The City Commission may make contracts with owners of suburban property for extension of mains to said property and for connection of such mains to the Water Works System of the City of BeaumontJ provided that nothing in this ordinance shall be construed to compel the City Commission to give service to any customer outside of the City Limits of the City of Beaumont. Water service through any suburban line shall not be sold to customers living outside the City Limits of the City of Beaumont at a rate less than is charged by the City of Beaumont for service outside the City Limits* -5- U /V • SECTION 12 The City Commission of the City of Beaumont is hereby autho- rized to allow discounts from the rates fixed in Sections 9 and 11 herein* When discounts are alloweds they shall be allowed to each and every customer connected to the Water Works System of the City of Beaumonti except as herein provided$ and no discrimination in the rate of such discounts shall be made because of the amount of the bill or quantity of water used; provided, however, that no discount shall exceed $6.00 on any bill for any one monthts service period or fractional part thereof* SECTION 13 The following provisions shall apply with reference to mainst service liness meters, and connections of the Water System of the City of Beau- mont: (a) The Water Works Department shall not be required to ex- tend mains or sub -mains for the purpose of providing facilities for water ser- vice to anyone excepting that in the discretion of the 'Nater Works Department such mains or sub -mains may be extended without cost to a distance of not more than 100 feet to serve any one customer; provideds however, that mains to be thus extended shall not exceed 2 inches in diameter. (b) In no case shall the City Commission be required to make repairs on any service line for any customer beyond the curb lines where the ser- vice line leads from the main of the Water Works System to the line of the cus- tomer's property* The term "curb line" means a point more or less at right angles to the main and to the nearest point of the private property lines and all persons are hereby prohibited from working on or disturbing the mains and service lines connected to the Water Works System of the City of Beaumont p whether inside or outside the City Limits of the City of Beaumontp up to and including the water meter. (c) Bch new customer shall be required to pay for connect- ion to the mains of the Water Works Department of the City of Beaumont and to in- stall a meter of standard specification as prescribed by the Water Works Departments suitable to measure any amount of water requireda and to provide protection for the meter, the customer shall furnish a meter box at customer's own expense suitable to the dater Works Department; provideds however, that the Uat.er Works Department may contract for such connectionst provide meter box and necessary v6_ e L7' LU4 r -U r r I? - 7 3 - r q /' ar fixtures to the customer, and the Water Works Department shall thereafter provide permanent upkeep on the meter and shall make all necessary repairs on the ser- vice lines up to the curb line; provided further that the Water Works Depart- ment shall not replace an existing service line or meter with a new line or meter of greater dimensions unless cost of same is paid by customer* (d) Where connections have already been made and paid for and meter installeds the Water Works Department shall give permanent upkeep and keep in repair all connections from its mains to the curb line and repair all meters at its own expense, excepting where there is evidence of deliberate de- struction or tampering with any part of such service lines meter or meter boxy (e) No water main shall be laid parallel'to any sewer line un- less the same is laid at least 5 feet distance therefrom. It. shall be the duty of the plumbing inspector to prevent the laying of any water pipe on any property in the same trench with any sewer pipe leading to said property, and at all times a separate trench shall be dug at least 5 feet from the sewer line for the water line. (f) All water service lines connected to the Water Works System of the Uity of Beaumont, whether inside or outside the City Limits of the City of Beaumont, shall be inspected and approved by the plumbing inspector of the City of Beaumonta or by some person by him duly authorized, before water ser- vice er-vica shall be turned . on. All mains laid by any one other than some one under the supervision and control of the City Commission shall be inspected and ap- proved by the City Commission or some person by them duly authorized or by the City Fogineers before water is turned into such main. SECTION 14 NOTICE TO DISCONTINUE SNRVICE All rates and charges for water and service to any and all cus- tomers shall accrue and be charged against the customer on a monthly basis until written notice is given to discontinue service. It shall be unlawful for any per- son to use water from any service connection until application shall be put upon file with and approved by the Water Works Department* SECTION 15 NOTICE OF REMOVAL AND VACANCIES In case any person shall desire water service to any premises he "7- shall file an application for such service in accordance with the provisions of this ordinance. In the event any person shall change his place of residences he shall, within twenty-four houz of such changes give notice of such change to the office of the Water Works Department. It shall be the duty of the owner of property to which water service is supplied by the Water Works Department to co-operate with the Water Works Department by promptly giving notice when the property becomes vacant and water service is no longer desired. When notice is not given, the owner shall be liable for all water used until such notice is given or a new applicant for service on the same property is filed. NEW INSTALLATION SECTION 16 Before any new water service shall be connected to the Water Works System to supply any premisess the owners tenant or occupant shall make written application for such service at the office of the Water Works Department of the City of Beaumont for a permit to connect with the mains of the Water Works System of the City of Beaumont, and no service line shall be installed for anyone until an application therefor is accepted and approved by the Water Works Depart- ment . SECTION 17 CONTROL OF MERRS AND WATER WORKS EQUIPMENT All meters, cocks valves and meter boxes connected with the city water mains and all service pipe between the mains and curbing lines and all connections shall be installed at the expense of the customer or property owner, and shall remain under the direct control of the Water Works Department and its lawful agents, and it shall be unlawful for any person other than those authorized by the Water Works Department to disconnects connect or move any tap, or turn off, or turn on the water at such curbs cock, valves or other fix- tures but application shall be made to the Water Works Department for such out off or turn on as may be necessary; provideds howevers that the customer shall provide a cut offs cock or valve on the customer's side of the meter for the purpose of cutting off water on the customer's premises. REPAIRING METERS SECTION 18 Repairs on all meters necessitated by ordinary wear and tear -8- shall be maintained free of cost to each customer, but when repairs are rendered necessary on account of neglect, carelessness or deliberate damage by the occupant or owner of any premises, any expense caused to the'Nater Works Department shall be charged against and collected from the owner or occupant of the premises, and water service to such premises may be discontinued and denied until such charges are paid. TESTING METERS SECTION 19 (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 Works De- partment $1.00 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 more than 2% plus, the amount depos- ited 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 de- posit of the customer shall be retained as a fee for making such test. If the meter is found slow by more than 2%, then it will be the duty of the Water Works Department to charge the customer for any amount that may be due the iya.ter Works 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 he shall be given notice of the time when such test is to be made. (e) Should a dispute arise between a consumer and the [dater Works Department as to the amount of any bill and as to the number of gallons of water used by such consumer, the consumer by complying with the foregoing paragraph may have his meter tested. If, however, the consumer fails or refuses to have his meter tested, it shall be the duty of the Water Works Department of the City of Beaumont to make such test to determine whether the consumer 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 that the meter is correctly registering within a range of 2% plus or minus, then the customer's bill, together with the testing charge above specified, shall be come due and payable, and upon his refusal to pay same, the customer's water shall be cut -9- � ,q (t, off and no further services rendered until delinquent bills are paido WASTE OF VTATER SECTION 20 It shall be unlawful for any person to willfully or negiigeritly waste water, and any person having knowledge of where water is being wasted shall immediately notify the Water Works Departments and it shall be the duty of the Water Works Department* when they find any person willfully wasting waters even though the water is passing through the meter and being chargeds to notify said person of such waste of water and request him to correct the same or take such steps as shall be necessary to stop such waste, and upon failure of the person to stop such waste, the Fater Department may discontinue service to said person until the waste of water has been stopped. hereby repealed* SECTION 21 All ordinances and parts of ordinances in conflict herewith are SECTION 22 Should any portion of this ordinance be invalid, such invalid- ity shall not affect the remaining valid portions thereof, and the different portions of this ordinance shall be so construed as to make the whole harmoniouso PASSED on this the day of A. D. 1940. "10- MAYOR