Loading...
HomeMy WebLinkAboutORD 49-AA�t3 .ct p 0 eS- —q OAG(, 4/ el A � AN ORDINANCE ENTITLED AN ORDINANCE AMENDING AN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT ON NOVEMBER 201 1951, AMENDING AN ORDINANCE ENTITLED: "AN ORDINANCE PRESCRIBING CERTAIN -RULES AND REGULATIONS GOVERNING THE OPERATION OF THE WATERWORKS SYSTEM OF THE CITY OF BEAU- MONT; PRESCRIBING RATES TO BE CHARGED FOR WATER SERVICE; EMPOWERING THE CITY COUNCIL TO CONTROL, OPERATE, MANAGE, MAINTAIN AND IMPROVE THE WATERWORKS SYSTEM OF THE CITY OF BEAUMONT; AUTHORIZING THE EMPLOYMENT OF ALL NECESSARY HELP; PROVIDING THAT THE FUNDS OF SAID WATERWORKS SYSTEM SHALL BE KEPT SEPARATE FROM ALL OTHER FUNDS OF THE CITY AND FOR THE MANNER OF EXPENDITURE OF SAID FUNDS BY THE CITY COUNCIL FOR CERTAIN PURPOSES; EMPOWERING THE CITY COUNCIL TO PRESCRIBE NECESSARY RULES AND REGULATIONS FOR THE OPERATION OF SAID SYSTEM AND DEFINING CERTAIN TERMS; REPEALING ALL ORDINANCES AND. PARTS OF ORDINANCES IN CON- FLICT HEREWITH," AND PROVIDING A PENALTY CLAUSE. . BE IT ORDAINED BY THE CITY OF BEAUMONT: I Section 1. The City Council of The City of Beaumont shall hereafter be invested with the power to control, operate, manage, maintain and im- prove the Waterworks System of The City of Beaumont. Section 2. The City Manager, with the approval of the City Council, shall appoint an operating head of all divisions of the Waterworks System. The City Council and the City Manager shall perform all services that are usually performed by the active officers of a public service cor- poration of like nature. The City Clerk of The City of Beaumont shall be general secretary of the Waterworks System, with such powers and duties as were usually incident to such office, and with such powers and duties as the City Council may from time to time prescribe. Section 3. All revenues of the Waterworks System shall be payable to The City of Beaumont, Water Department, and such funds shall be deposited in the City Depository to the credit of the Waterworks Revenue Fund, which shall be kept separate and,apart from all other funds of the City. No money shall be drawn from the said Waterworks Revenue Fund, except in pursuance of an appropriation by the City Council upon a voucher signed by the City Clerk and countersigned by the City Mana- ger, and as provided by the Charter and ordinances of The City of Beaumont. Section 4. The City Council shall be empowered to spend the revenue of the Waterworks System of The City of'Beaumont for the following pur- poses: For the expense of operation and maintenance, including sala- ries, labor, maintenance, repairs, and extensions necessary to render efficient service, provided only such repairs and extensions as in the judgment of the City Council are necessary to keep the System in oper- ation and render adequate service to such City and the inhabitants, thereof, or such as might be necessary.to meet some physical accident or condition which would otherwise impair the efficiency of the System, as well as for interest and sinking fund sufficient to pay any revenue bonds issued to construct, improve, and repair such System, or to pay any outstanding indebtedness against the same, as is provided in Arti- cle 1113, Revised Civil Statutes, 1925, as amended. Section 5. The City Council shall have the power to prescribe such rules and regulations from time to time as may be necessary for the economi- cal operation of the Waterworks System, when such rules and regulations do not conflict with any paragraph of this ordinance. Section 6.. go employee or agent of the City Council of The City of Beau- mont shall have authority to make any other rules or regulations or to perform any other service, or to furnish any water, or to do any- thing in the name of the City Council which is not provided for in this water ordinance, or by proper rule or regulation made by the City Council, and put on record in the Minutes of said Council. Section 7. The terms "Waterworks Department," "Water Department," "Water- -2- 4.(j-, o"+/ -i r works System," and "Beaumont Waterworks," whenever used in this ordi- nance 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 "Customer," or "Consumer," shall always mean the party or parties purchasing water or water service from the City Gov- ernment of The City of Beaumont. Section 8. The following rates, rules and regulations are hereby estab- lished and shall be enforced and collected by the City Council of The City of Beaumont for water services furnished within the corporate limits of The City of Beaumont: (a) The following metered rate for water measured through meters approved by the Waterworks Department shall be effective on the date of the passage and adoption of this ordinance, to wit: Inside City Limits of The City of Beaumont: First 4,000 gallons Next 961,000 gallons Next 1001000 gallons Next 100,000 gallons Next 1001000 gallons Next 100,000 gallons All over 500,000 gallons Minimum charge $1.25 .30 per M. gallons .29 per M. gallons ..28 per M. gallons .27 per M. gallons .26 per M. gallons .25 per M. gallons $1.25. (b) No flat rate connections shall be made to the mains of the Waterworks System of The City of Beaumont, except for private fire lines. (c) All bills shall be computed at the herein prescribed rates and shall be payable within fifteen (15) days from date of said bills. (d) Failure or refusal by any customer to pay any bill to the Waterworks Department, or its authorized representatives, upon demand, shall constitute a breach of contract and water service shall within ten (10) days from notice of such failure be discontinued to the cus- tomer, and such service shall not be renewed until the customer has paid all delinquent bills, plus one dollar ($1.00) service charge. "3- i E 9m*X A Applications for meter tests or protest of charges on file with the Water Department shall not in any manner alter or extend the pur- poses of this paragraph. (e) The Water Department, or its authorized agents, shall require from any applicant for water service a cash deposit to se- cure payment of water charges, or any other charges that may accrue, and when such deposit is made it shall be not less than Five ($5.00) Dollars, provided, however, that additional deposits may be required from any applicant to pay charges accrued or to accrue for water ser- vice. Failure to pay additional deposit will forfeit right to water service and same may be discontinued ten (10)- days after written notice to pay said additional deposit. (f) Each building -containing one or more dwelling units shall be served by a separate meter of a'size to be determined by the Water Department. Accessory buildings, including servants quar- ters, may be served by the same meter as serves the main building. Motels, motor hotels, and trailer camps are not included and may be served by a single meter. (g) Where a building containing more than one dwelling unit, is served by a single meter, or where the dwelling units are not served by separate meters, a minimum charge of $1.25 will be made for each dwelling unit in said building, and water used over 41000 gallons per unit per month shall be billed at thirty (30¢) cents per 1,000 gallons. Section 9. (a) All water furnished to public schools and parochial schools or schools operated within The City of Beaumont byreligious organizations shall be measured by meters and charges shall be made for all such service at the rate of twenty-five (25¢) cents per 1,000 gallons. (b) Before breaking into hard surface or paved streets to make repairs to water mains or service pipes connected therewith, the -4- Waterworks 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 and shall be made at cost of material and labor for ea chi and every job, and ten per cent (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 water, shall be rendered by the Waterworks Department at cost of labor and material necessary to perform said service, plus a charge of ten per cent (107.) for superintending and use of tools. (c) In case of paving of any new thoroughfare,'the Water- 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 Waterworks Department may make the necessary preparations to lower said mains and service connec- tions. Section 10. (a) The City Council may, if it is deemed advisable, furnish water to premises outside the limits of The City of Beaumont, under the following rules: (b) Any person or persons residing outside of the city limits of The City of Beaumonty desiring to use city water, shall make appli- cation to the Waterwo'rk's 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) Effective as of the passage and adoption of this ordi- nance, water service to consumers outside the city limits of The -5- LAG(, q-11 A A --1 el 1 City of Beaumont shall be rendered at .the following metered rates: Same as inside the city limits of The City of Beaumont, plus 251. each month. When service is one, a minimum charge of one dollar and sixty cents ($1.60) per month shall be made. (d) The City Council may make special contracts with a cus- tomer whether inside or outside the city limits with reference to rates charged for services furnished by.the Waterworks Department, which shall be equal and uniform and a sufficient rate to pay all operating, maintenance, depreciation, replacement, betterment, and interest charges, and for interest and sinking fund sufficient to pay any bonds issued to improve, extend, or repair the Waterworks System, or any outstanding indebtedness against the same. (e) The City Council may make contracts with owners of sub- -urban property for extensions of mains to said property and for con- nections of such mains to the Waterworks System of The City of Beau- mont; provided that nothing in this ordinance shall be construed to compel the City Council to give service to any customer outside of the city limits of The City of Beaumont. Section 11. The following provisions shall apply with reference to mains, service lines, meters, and connections of the Water System of The City of Beaumont: (a) The Waterworks Department shall not be required to ex- tend mains or sub -mains for the purpose of providing facilities for water service to anyone excepting that in the discretion of the Water- 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; provided, however, that mains to be thus extended shall not exceed two (2) inches in diameter. (b) In no case shall the City Council be required to make repairs on any service line for.any customer beyond the meter. -6- (c) All extensions to water mains and service lines from mains to water meter shall be installed according to specifications designed or -approved by Water Department Engineers. All water mains laid by others than the Water Department shall be inspected during the process of being laid by representatives of the Water Depart- ment. The cost of said inspection to be paid by contractor or other person laying said mains. (d) A charge shall be made for each connection to a water main of the water system of The.City of Beaumont. A minimum fee may be fixed, which shall be sufficient to cover cost of materials and labor necessary to make said connection, plus ten per cent (10.) for overhead and supervision. Materials shall include a water meter of a sufficient size to properly measure any amount of water required and shall also include the meter box. All materials used shall re- main the property of the Water Department and are subject to removal or change at the discretion of the Water Department. After connec- tion is made and materials are installed the Water Department shall thereafter provide permanent upkeep and make all necessary repairs to meter and service lines between meter and water.mains at no cost to the customer, except where repairs on meters or service lines are made necessary by negligence or deliberate damage by the occupant or owner of -the premises. (e) No water main shall be laid parallel to any sewer line unless the same is laid at least ten (10) 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 ten (10) feet from the sewer line for the water line. (f) If a request is made for a new service line and meter of greater dimensions than the existing service line and meter, the cost of replacing same shall be paid :by the owner of the premises. -7- Section 12. NOTICE TO DISCONTINUE SERVICE. All rates and charges for water and service to any and all customers shall accrue and be charged against the customer on a monthly or bi-monthly basis until written notice is given to discon- tinue service. It shall be unlawful for any person to use water from any service connection until application shall be put upon file with and approved by the Waterworks Department. Section 1.3. NOTICE OF REMOVAL AND VACANCIES. In case any person shall desire water service to any prem- ises, he 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 residence, he _shall, within twenty-four (24) hours of such change, give notice of such change to the office of the Waterworks Department. Section 14. NEW INSTALLATION. Before any new water service shall be connected to the Water- works System to supply any premises, the owner, tenant, or occupant shall make written application for'such service at the Waterworks Department of The City of Beaumont for a permit to connect with the mains of the Waterworks System of The City of Beaumont, and no ser- vice line shall be installed for anyone until an application there- for is accepted and approved by the Waterworks Department. In the event a tenant moves into a building or premise and used water ser- vice without making written application therefor and received per- mission therefor, the Water Department may discontinue such service until application and deposit are filed according to the terms of this ordinance. Section 15. CONTROL OF METERS AND WATERWORKS EQUIPMENT. All meters, cocks, valves and meter boxes connected with the -8- d, �--9 A A q,- E F---/ � Y'4 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 Waterworks Department and its lawful agents, and it shall be unlawful for any person other than those authorized by the Waterworks Department to disconnect, connect, or move any tap, or turnoff or turn on the water at such curb, cock, valve, or other fixture, but application shall be made to the Waterworks Department for such cut- off or turnon as may be necessary, provided, however, that the custo- mer shall provide a cutoff, cock or valve on the customer's side of the meter for the purpose of cutting off water on the customer's -prem- ises. Section 16. REPAIRING METERS. Repairs on all meters necessitated by ordinary wear and tear shall be maintained free of cost to each customer, but when repairs are rendered necessary on account -of neglect, carelessness or deliber- ate damage by the occupant or owner of any premises, any expense caused to the Waterworks Department shall be charged against and col- lected from the owner or occupant of the premises, and water service to such premises may be discontinued and denied until such charges are paid. Section 17. TESTING 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 Waterworks Department one dollar ($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 27. plus, the amount deposited for making such test -is to be returned to the custo- mer and all charges against the customer shall be credited for the M proportionate amount the bill is increased because of over registra- tioneof 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 210, then it will be the duty of the Waterworks Department to charge the customer for any amount that may be due the Waterworks 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 Water- 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 Waterworks Department of The City of Beaumont 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 that the meter is correctly registe=ring within a range of'21. 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.. Section 18.. WASTE OF WATER. It shall be unlawful for any person to wilfully or negligent- ly waste water, and-any.person having knowledge of water being wasted shall immediately notify the Waterworks Department, and it shall be the duty of the Waterworks Department, when any person is wilfully -10- p wasting water, even though the water is. passing through the meter. and being charged, to notify said person of such waste of. water and request him to correct the same or take such steps as shall be neces- sary to stop such waste, and upon failure of the person to stop such waste, the Water Department may discontinue service to said person until the waste of water has been stopped., Section 19. It shall be unlawful to tamper with, open or deliberately damage a water meter, service line or water main, and it shall be unlawful to close or open a valve of a meter, water line or main with- out first obtaining approval of the Superintendent of Distribution of the Water Department. Section 20. It shall be unlawful for anyone to intentionally damage a fire hydrant or to open a fire hydrant so as to cause a flow of water therefrom without first obtaining permission from the Superintendent of Distribution of the Water Department. This section shall not ap- ply to a member of the Fire Department 'of The City of Beaumont. Section 21. PENALTY CLAUSE. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of note; less than one ($1.00) dollar nor more than two hun- dred ($200.00) dollars. Section 22. All ordinances and parts of ordinances in conflict herewith are hereby repealed.. Section 23. .Should any portion of this ordinance -be invalid, such invalid- ity shall not affect the remaining valid portions thereof, and the -11- .tq_ different portions of this ordinance shall be so construed as to make the whole harmonious. PASSED by the City Council this /J a,,day of September, A. D. 1956. -12- f - Mayor AA