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HomeMy WebLinkAboutORD 48-Xj AN ORDINANCE PRESCRIBING CERTAIN RULES AND REGULATIONS GOVERNING THE OPERATION OF THE SEWER SYSTEM OF THE CITY OF BEAUMONT; PRESCRIBING RATES TO BE CHARGED FOR SEWER SERVICE; EM- POWERING THE CITY COUNCIL TO CONTROL, OPERATE, MANAGE, MAINTAIN, AND IMPROVE THE SEWER SYSTEM OF THE CITY OF BEAUMONT; AUTHORIZING THE EMPLOYMENT OF ALL NECESSARY HELP; PROVIDING THAT THE FUNDS OF SAID SEWER SYSTEM SHALL BE KEPT SEPARATE FROM ALL OTHER FUNDS OF THE CITY OF BEAUMONT, AND FOR THE MANNER OF EXPENDITURE OF SAID FUNDS BY THE CITY COUNCIL FOR CERTAIN PURPOSES; EMPOWER- ING THE CITY COUNCIL TO PRESCRIBE NECESSARY RULES AND REGULATIONS FOR THE OPERATION OF SAID SYSTEM AND DEFINING CERTAIN TERMS; PROVIDING A PENALTY CLAUSE, AND A PARTIAL INVALIDITY CLAUSE. BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION 1 The City Manager, with the approval of the City Council, shall appoint an operating head of all divisions of the Sewer 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 secretary of the Sewer System, with such powers and duties as ..are usually incident to such office, and with such powers and duties as the City Council may from time to time prescribe. SECTION 2 All revenues of the Sewer System shall be payable to the City of Beaumont, Sewer Department, and such funds shall be deposited in the City Depository to the credit of the Sewer 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 Sewer 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 ordinances of the City of Beaumont. SECTION 3 The City Council shall be empowered to spend the revenue of the Sewer System of the City of Beaumont for the following purposes, and no others: For the expense of operation and maintenance, including salaries, 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 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 other- wise impair the efficiency of the System, as well as for interest and sinking fund sufficient to pay any bonds issued to construct, improve, and repair such System, or to pay any outstanding indebtedness against the same, as is provided in Article1113, Revised Civil Statutes, 1925, as amended. SECTION 4 All revenues deri4ed from the Sewer System, after the payment of operation and maintenance charges, repairs and extensions, as provided in Section 3 hereof, are hereby pledged to the payment of the bonded debt of said System and shall be used for no other purpose so long as any principal or interest thereon is outstanding and unpaid. 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 economical opera- tion of the Sewer System, when such rules and regulations do not conflict with any paragraph 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 sewer service, or to do anything in the name of the City Council which is not provided for in this sewer 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, "Sewer Department" and "Sewer System", whenever used in this ordinance, shall always mean the Department of the City Government of the City of Beaumont furnishing and supplying sewer service to consumers. The word, "Customer", or, "Consumer", shall always mean the party or parties using sewer service of the City of Beaumont. SECTION 8 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 sewer services furnished within the corporate limits of the City of Beaumont: (a) The following metered rate based upon water measured through meters approved by the Waterworks Department shall be effective on the effective date of this ordinance, to wit: Inside City Limits of the City of Beaumont: First 4,000 Gallons $1.00 per M. Gallons Next 96,000 Gallons .05 per M. Gallons All. over 100,000 Gallons .03 per M. Gallons Minimum charge per month $1.00 (b) No flat rate connections shall be made to the Sewer 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 any customer to pay any bill to the Sewer Department, or its authorized representatives, upon demand, shall constitute a breach of contract, and water and sewer service shall within ten (10) days from notice of such failure be discontinued to the customer, and such services shall not be renewed until the customer has paid all delinquent bills, plus one dollar ($1.00) service -charge. Protest of charges on file with the Sewer Department shall not in any manner alter or extend the purposes of this paragraph. (e) Not more than six (6) separate servicessliaUi be rendered on any one meter, provided that all shall be located upon the same block of ground with no intervening streets or alleys, nor any public or private property between them. Where water is supplied through a single pipe on which there is a meter, the Sewer Department will not undertake to apportion the charges for sewer service among the several owners or occupants, families, or tenants, but the bill for the sewer service will be charged against the owner or occupant through whose property the service pipe passes. SECTION 9 (a) Before breaking into hard surface or.paved streets to make repairs to the street mains or service pipes connected therewith, the Sewer Department shall obtain a permit from the Street and Bridge Department. This application shall constitute an order to the Street and Bridge Depart- ment 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 (100) shall be added to the cost of material and labor for superintend- ing and use of tools. Services that may be rendered to any department of the City of Beaumont outside of the prescribed rates for furnishing sewer service shall be rendered by the Sewer Department at cost of labor and material necessary to perform said service, plus a charge of ten per cent (10%) for superintending and use of tools. (b) In case of paving of any new thoroughfare, the Sewer 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 Sewer Department may make the necessary preparations to lower said mains and service connections. SECTION 10 (a) The City Council may, if it is deemed advisable, furnish sewer service 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 sewer service shall make application to the Sewer Department requesting service, which shall state the location of the premises to be served. 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 sewer service furnished. (c) Effective as of the effective date of this ordinance, sewer service to consumers outside the city limits of the City of Beaumont shall be rendered at the following rates: Same as inside the city limits of the City of Beaumont plus 25% each month. When service is on, 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 schools, or other tax -supported agencies, or any other consumer, whether inside or out- side the city limits, with reference to rates charged for services furnished by the Sewer Department, when rates herein provided would cause aav,undue burden, but the rates charged shall be equal and uniform with like users, and a sufficient rate shall be charged 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 Sewer System, or any 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 Sewer 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 outside of the city limits of the City of Beaumont. Sewer 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. SECTION 11 The following provisions shall apply with reference to mains, service lines, and connections of the Sewer System of the City of Beaumont: (a) The Sewer Department shall not be required to extend mains or sub -mains for the purpose of providing facilities for sewer service to anyone excepting that in the discretion of the Sewer 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. (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 Sewer System to the line of the customer'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 line, and all persons are hereby prohibited from working on or disturbing the mains and service lines connected to the Sewer System of the City of Beaumont, whether inside or outside the city limits of the City of Beaumont, outside the private property line. (c) Each new customer shall be required to pay for connection to the mains of the Sewer Department of the City of Beaumont, and the Sewer Department shall thereafter provide permanent upkeep and shall make all necessary repairs on the service lines up to the curb line; provided further that the Sewer Department shall not replace an existing service line with a new line of greater dimensions unless cost of same is paid by customer. (d) Where connections have already been made and paid for, the Sewer Department shall give permanent upkeep and keep in repair all connec- tions from its mains to the curb line at its own expense, excepting where there is evidence of a deliberate destruction or tampering with any part of such service line. (e) All sewer service lines connected to the Sewer 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 by some person by him duly authorized, and 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 by them duly authorized or by the City Engineer, before service is turned into such main. SECTION 12 NOTICE TO DISCONTIM E SERVICE All rates and charges for sewer 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. SECTION 13 NOTICE OF REMOVAL AND VACANCIES In case any person shall desire sewer service to any premises, 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 resi- dence., he shall, within twenty-four (24) hours of such change, give notice of such change to the office of the Sewer Department. It shall be the duty of the owner of property to which sewer service is supplied by the Sewer Department to cooperate with the Sewer Department by promptly giving notice when the property becomes vacant and sewer service is no longer desired. When notice is not given, the owner shall be liable for all sewer service until such notice is given or a new application for service on the same property is filed. 3 SECTION 14 Sewer service shall not be furnished to any customer except those using water from the Waterworks System of the City of Beaumont. SECTION 15 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 dollar ($1.00) nor more than two hundred dollars (200.00). SECTION 16 This ordinance shall be of no force or effect unless bonds are voted to improve, extend and repair the Sewer System and provide disposal treatment plants, but if such bonds are voted at the election to be held on August 8,1952, then this ordinance shall be in force and effect on and after September 1, 1952• SECTION 17 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 15th day of July 1952. - pAnW4A'--'1- 0, Mayor of the City of Beaumont