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
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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
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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,
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same to be paid for by such patrons to whose property line or
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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
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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.