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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:
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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-
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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.
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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
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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
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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.
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(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.
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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
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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
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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
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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
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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.
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