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HomeMy WebLinkAboutORD 3-XAN ORDINANCE ENTITLED AN ORDINANCE AMENDING.AN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT ON NOVEMBER 161, 1948, ENTITLED: "AN ORDINANCE PRESCRIBING CERTAIN RULES AND REGULATIONS GOVERN- ING THE OPERATION OF THE WATERWORKS SYSTEM OF THE CITY OF BEAUMONT; PRESCRIBING RATES TO BE CHARGED FOR WATER SERVICE; EMPOWERING THE CITY COUNCIL TO CONTROL, OPERATE, MANAGE, MAIN- TAIN, 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 EXPENDI- TURE OF SAID FUNDS BY THE CITY COUNCIL FOR CERTAIN PURPOSES; EMPOWERING THE CITY COUNCIL TO PRESCRIBE NECESSARY RULNS AND REGULATIONS FOR THE OPERATION OF SAID SYSTEM AND DEFINING CERTAIN TERMS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH," BY PROVIDING A PENALTY CLAUSE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The City Council of The City of Beaumont shall hereafter be invested with the power to control, operate, manage, maintain and improve the Waterworks System of The City of Beaumont.. Sectioia 2. r. 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 corporation of like nature. The City Clerk of the City of Beaumont shall be general'seeretary 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 Deposi- tory to the credit of the Waterworks Revenue Fund, or System 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, or System Fund, except in pursuance of an appropriation by the City Council upon a voucher signed by the City Auditor and countersigned by the City Manager, and as provided by the Charter and ordi- nances of The City of Beaumont. Section A. The City Council shall be empowered to spend the revenue of the -Water- works System of The City of Beaumont f6r the following purposes; For the expense of operation and maintenance, including salaries, labor, maintenance, repairs, and extensions necessary to render efficient service, pro- vided only such repairs.and extensions as in the judgment of the City Council are necessary to keep the System in operation 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 Article 1113, Revised Civil Statutes, 1925, as amended. Section,5. The City Council shall have the power to prescribe such rules and regu- lations from time to time as may be necessary for the economical operation of the Waterworks System, when such rules and regulations do not conflict with arty para- graph of this ordinance. Section 6. No employee or agent of the City Council of The City of Beaumont shall have authority to make any other rules or regulations or to perform any other service, or to furnish any water, or to do anything in the name of the City Coun- cil which is not provided for in this water ordinance, or by proper rule or regu- lation made by the City Council, and put_on record in the Minutes of said Council. Section7_. The terms 'Waterworks Department", "Water Department", "Waterworks System", and "Beaumont Waterworks", whenever 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 "Customer", or "Con sumer", shall always mean the party or parties purchasing water or water service from the City Government of the City of Beaumont. S ct on . The following rates, rules, and regulations are hereby established 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-ap- proved through-meters-ap-proved by :the Waterworks Department shall be effective on the date of the passage and adoption of this ordinance, to wit: Inside City "to„ 2f The QJX of B,� t: First 4,000.Gallons $1.25 Next 96,000 Gallons .30 per M. Gallons Next 100,000 Gallons .25 per M. Gallons Next 100,000 Gallons .22 per M. Gallons Next 100,000 Gallons ..19 per M. Gallons Next 100,000 Gallons .17 per M. Gallons All over 500,000 Gallons .15 per M. Gallons Minimum charge per month $1.25 (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 computed at the herein prescribed rates and shall be payable within fifteen (15) days from date of said bills. (d) Failure or refusal by aryr 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 customer, and such service shall not be renewed until the customer has paid all delinquent bills, plus one dollar ($1.00) service charge. Applications for meter tests or protest of charges on .file with.the Water Department shall not in arty manner alter or extend the purposes of this paragraph., (e) The Water Department, or its authorized agents, shall require from Aiv applicant for water service a cash deposit to secure payment of -water charges, or axW other charges that may accrue, and when such deposit is made it shall be not less than three dollars ($3.00) provided, however, that additional deposits may be required from arW applicant to pay charges accrued or to accrue for water service. (f) Not more than six (6) separate services shall be rendered on aqr one, meter, provided that all shall be located upon the same block of ground with no intervening streets or alleys, nor and public or private property between them. Where water is supplied through a'single pipe on which there is a meter, 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 passes. (a) All water furnished to various departments of The City of Beaumont and all City schools of The City of Beaumont shall be measured tV meters, except such temporary connections that may arise in emergencies, and charges shall be made for all -such service at the rate of ten cents (104 per one thousand gallons, except for buildings and properties owned and operated by The City of Beaumont, including water used by the Fire Department. -2 - (b) Before breaking.into hard surface or paved streets to make repairs to the streets mains or service pipes connected therewith, the Waterworks Depart- ment shall obtain -a permit from the Street and Bridge Department. This applica- tion 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 each 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 art department of The City of Beaumont outside of the prescribed.rates for furnishing water, shall be rendered by the Waterworks Depart- ment at cost of labor and material necessary to perform said service, plus a charge of ten per cent. (10%) for superintendirig and use of tools. (c) In case of paving of ary new thoroughfare, the Waterworks Depart- ment 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 connections. Sec,_ ting 10. (a) The City Council may, if.its 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 Beaumont, desiring to use 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 appli- cation 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. (e) Effective as of the passage and adoption of this ordinance, water service to consumers outside the City Limits of The City of Beaumont shall be rendered at the following metered rates: Same as inside the City Limits of The City of, Beaumont plus 25% eth.ach mon- - --- - — --- -- -- — When service is on, a minimum charge of one dollar and sixty cent '($1.60) per month shall be made. (d) The City Council may make special contracts with anconsumer whether inside or outside the City Limits with reference to rates charged for services furnished by the Waterworks Department 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 arV bonds issued to improve, extend, or repair the Waterworks System, or aror outstanding indebtedness against the same. (e) The City Council may make contracts with owners of suburban property for extensions of mains to said property and for connections of such mains to the Waterworks System of The City of Beaumont; provided that nothing in this ordinance shall be construed to compel the City Council to give service to any customer out- side of the City Limits of The City of Beaumont. Water service through arW 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. 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 extend mains or sub -mains for the purpose of providing facilities for water service to anyone ex- cepting that in the discretion of the Waterworks Department such mains or sub- ,mains may be extended without cost to a distance of not more than 100 feet to serve azV one customer; provided, however,- that -m -ins to- be'thus- extended shall not ex -eed_, " tvo-(2) 'tc es in diameter .r (b) In no case shall the City Council --be required to make repairs on any service line for any customer beyond the curb lines where the service line leads from the main of the Waterworks System to the line of the customer's propgr- V. 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 line, and all persons are hereby prohibited from working on or disturbing the mains and service lines connected to the Waterworks System of The City of Beaumont, whether inside or outside -the city limits of The City of Beaumont, up to and including the water meter. (c) Each new customer shall be required to pay for connection to the mains of the Waterworks Department of The City of Beaumont and to install a meter of standard specification as prescribed by the Waterworks Department, suitable to measure.any amount of water required, and to provide protection for the meter, the customer shall furnish a meter box at customer's own expense suitable to the Waterworks Department; provided, however, that the Waterworks Department may ,contract for such connections, provide meter box'and necessary -fixtures to the customer, and the Waterworks Department shall thereafter provide permanent upkeep on the meter and shall make all necessary repairs on the service lines up to the curb line; provided further that the Waterworks Department shall not replace an existing service line or meter with a new line or meter of greater dimensions un- less cost of same is paid by customer. (d) Where connections have already been made and paid for and meter in- stalled, the Waterworks 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 destruction or'tampering with any part of such service line, meter, or meter box. (e) No water main shall be laid parallel to any sewer line unless the same is laid at least five (5) feet distance therefrom. It shall be the duty of the plumbing inspector to prevent the laying of arq 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 five (5) feet from the sewer line for the waterline. (f) All water service lines connected to the Waterworks System of The City 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 Beaumont, or tV some person by him duly authorized, before water service shall be turned on. All mains laid by anyone other than someone under the supervision and control of the City Council shall be inspected and approved by the City Council or some person ty them duly authorized or try the City Engineer, before water is turned into such main. Section ,12. I f LAY t Y� 13 9U0118" • Tl W 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 discontinue 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,�l3 . NOTICE OF REMOVAL AND VACANCIES In case any person shall desire water service to any premises, he shall file an application for such service in accordance with the provisions of this ordi-- nance. In the event any person shall change his place or residence, he shall, with- in twenty-four (24) hours of such change, give notice of such change to the office of the Waterworks Department. It shall be the duty of the owner of property to which water service is supplied by the Waterworks Department to cooperate with the Waterworks 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. - 4 - Section 14. Before any new water service shall be connected to the Waterworks System to supply arr 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 service line shall be installed for anyone until an application therefor is accepted and approved by the Waterworks Department. Section 15. -- 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 Waterworks Department and its lawful agents, and it shall be unlawful for any person other than those authorized 4 the Waterworks Department to disconnect, connect, or move air,, or turnoff, or turnon the water at such curb, cock, valve, or other fixture, but.application shall be made to the Waterworks Department for such cutoff or turnon as may be necessary; provided, however, that the customer 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 premises. �MIRM 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 deliberate damage try the occupant or owner of aqr premises, any expense caused to the Waterworks 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. Se tion 17 TESTING METERS (a) Arr 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 ary► meter through which a customer is being supplied water is found, upon test, to be inaccurate more than 2% plus, the amount deposited 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. 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 2%, 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) AIV customer shall have the privilege o£ 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 Waterworks Department as to the amount of any bill and as to the number of gallons of water used ty 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 consumer is being overcharged and shall advise the consumer that such test is to be made and the time thereof, '77`i -5 - 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 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 negligently 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 De- partment, when any person is wilfully 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 necessary to stop such waste, and upon failure of the person to stop such waste, the Water Department may discontinue servile to said person until the waste of water has been stopped. Section 19. 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 not less than One (81.00) Dollar nor more than Two Hundred ($200.00) Dollars. Section 20. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 21. Should any portion of this ordinance be invalid, such invalidity shall not affect the remaining valid portions thereof, and the different portions of this ordinance shall be so construed as to make the whole harmonious. PASSED by the City Council this 20th day of November, A. D. 1951.