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HomeMy WebLinkAboutORD 11-S(0-1 c �! , 1 /—E � \l f AN ORDINANCE i ENTITLED AN ORDINANCE PRESCRIBING CERTAIN RULES AND REGULATIONS GOVERNING THE OPERATION OF THE WATERWORKS SYSTEM OF THE CITY OF BEAUMONT; PRESCRIBING RATES TO BE CHARGED FOR WATER SERVICE; EMPOWERING THE .CITY COMMISSION TO CONTROL,, OPERATE, MANAGE, MAINTAIN, AND IMPROVE THE WATER- WORKS 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 MANN OF EXPENDITURE OF SAID FUNDS BY THE CITY COMMISSION FOR CERTAIN PURPOSES; EMPOWERING THE CITY COMMISSION TO PRESCRIBE NECESSARY RULES AND REGULATIONS FOR THE OPERATION.OF SAID SYSTEM AND DEFINING CERTAIN TERMS; REPEALING ALL ORDINANCES AND PARTS OF ORDINA_NCESIN CONFLICT HERM ITH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section 1 The City Commission of the City of Beaumont shall hereafter be in- vested with the power to control, operate, manage, maintain and improve the Waterworks System of the City of Beaumont. Sec ion- The City Commission shal ha:;Z e po/atio authority t ploy all necessar help, all superinte ents dired all emp yee and shall have th powerto prescribe e ruls and re s govern g all employees. Section :K The City Manager, with the approval of the City Commission, shall ap- point an operating head of all divisions of the Waterworks System. The City Commission 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 Waterworks System, with such powers and duties as are usually incident to such office, and with such powers and duties as the City Commission may from time to time prescribe. 3 Section #' 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, 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 Commission upon a voucher signed by the City Clerk and countersigned by the City Manager, and as provided by the Charter and ordinances of the City of Beaumont. Section The City Commission shall be empowered to spend the revenue of the Waterworks System of the City of Beaumont for the following purposes: 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 Commission 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 efficientp 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. - 1 - J011 Section -6 The City Commission 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 Waterworks System,. when such rules and regulations do not con- flict with any paragraph of this ordinance. L Section:7' No employee or agent of the City Commission 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 Commission which is -not provided for in this water ordinance, or by proper rule or regulation made by the City Commission, and put on record in the Minutes of said Commission. 7 Section !I' 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 "Consumer", shall always mean the party or parties purchasing water or water service from the City Government of the City of Beaumont. 8 Section' The following rates, rules, and regulations are hereby established and shall be enforced and collected by the City Commission 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 measurecl�ygh meters ap- proved by the Waterworks Department shall be effect ive^ ithR a passage and adoption of this ordinance, to wit: Inside City Limits of the City of Beaumont First 100,000 Gallons $ .25 per M Gallons Second 100,000 Gallons .23 per M -Gallons Third 100,000 Gallons .20 per M Gallons Fourth 100,000 Gallons .18 per M Gallons Fifth 100,000 Gallons .16 per M Gallons All over 500,000 Gallons .15 per M Gallons;.--. Minimum charge per month $1.00 gross. Prompt payment discount 10% Maximum discount $6.00 (b) No flat rate connections shall be made to the mains of the Water- works System of the City of Beaumont. c. puiF® (c) All bills shall be ed at the herein -prescribed rates -en- 's and shall be payable within fifteen (15) days from date of said bill. Failure to receive any bill or any notice shall not relieve the customer from forfeiture or penalty provided for failure to pay. (d) Failure or refusal by any customer to pay any bill to the Water- works Department, or its authorized representatives, upon demand, shall con- stitute 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 any manner alter or extend the purposes of this paragraph. - 2 - (e) The Water Department, or its authorized agents, shall require from any applicant for water service a cash deposit to secure payment of water charges, service charges, or any 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 any ap- plicant to pay charges accrued or to accrue for water service. (f) Not more than six (6) separate services shall 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 Waterworks 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. SPntinn (a) All water furnished to various departments of the City of Beaumont and all city schools of the City of Beaumont shall be measured by meters, ex- cept such temporary connections that may arise in emergencies, and charges shall be made for all such service at the rate of ten cents (10¢) per one thousand gallons, except for buildings and properties owned and operated by the City of Beaumont, including water used by the Fire Department. (b) Before breaking into hard surface or paved streets to make re- pairs to the street mains or service pipes connected therewith, the 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 street 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 any department of the City of Beaumont outside of the prescribed rates for furnishing water, shall be render- ed by the Waterworks 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. (c) In case of paving of any 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. /o Section 11 (a) The City Commissioners may, if in their judgment they deem it 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 Waterworks Department requesting servicd, 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. E FF�cT�. i�-7 (c) Water service to consumers outside the city limits of the City of Beaumont shall be rendered at the following metered rates: First 100,000 Gallons $ .27 -,per M Gallons Second 100,000 Gallons .24 per M Gallons Third 100,000 Gallons .21 per M Gallons Fourth 100,000 Gallons .19 per M Gallons Fifth 100,000 Gallons .17 per M Gallons All over 500,000 Gallons .16 per M Gallons When service is'on, a minimum charge of one dollar ($1.00) per month shall be made. - 3 - (d) The City Commission may make special contracts with any consumer whether inside or outside the city limits with reference to rates, except that 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 any bonds issued to improve, extend, or repair the Waterworks System, or any outstanding indebtedness against the same. (e) The City Commission 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 Commission to give service to any customer outside of the city limits of the City of Beaumont. Water 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. t 1 s,.j�3t�J Section The City Commission of the City of Beaumont is hereby authorized to allow discounts, not exceeding ten per cent (10%) of the gross for each metered service, from the rates fixed in Sections' and Z herein. When discounts are allowed, they shall be allowed to each and every customer connected to the Waterworks System of the City of Beaumont, except as herein provided, and no discrimination in the rate of such discounts shall be made because of the amount of the bill or quantity of water used; provided, however, that no discount shall exceed six dollars ($6.00) on any metered service bill for any one month's service period or fractional part thereof. Section 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 excepting 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 any one customer; provided, however, that mains to be thus ex- tended shall not exceed two (2) inches in diameter. (b) In no case shall the City Commission 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 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 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 ex- pense 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 unless cost of same.is paid by cus- tomer. - 4 - _ / (d) Where connections have already been made and paid for and meter installed, 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 destruc- tion 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 any water pipe on any pro- perty 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 water line. (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 by 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 Commission shall be inspected and ap- proved by tie City Commission or some person by them duly authorized or by the City Engineer, before water is turned into such main. SP.(ttA nn 0 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 discontinue service. It shall be un- lawful for any person to use water from any service connection until applica- tion shall be put upon file with and approved by the Waterworks Department. Section 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 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 Waterworks Department. It shall be the' duty of the owner of property to which water service is supplied by the Water- works 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. Section 2�-; NEW INSTALLATION Before any new water service shall be connected to the Waterworks System to supply any premises, the owner, tenant, or occupant shall make written application for such service at the office of the Waterworks Depart- ment 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 in- stalled for anyone until an application therefor is accepted and approved by the Waterworks Department. /L Section I*' - CONTROL OF METERS AND WATERWORKS EQUIPMENT 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 by the Waterworks Department to disconnect, connect, or move - 5 - any tap, 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. Section, 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 by the occupant or owner of any premises, any expense caused to the Waterworks De- partment 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. f� Section ]qr 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 Depart- ment 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 20 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 in- creased because of over registration of 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 2%, then it will be the duty of the Waterworks Department to charge the customer for any amount that may be due the Water- works 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 Waterworks 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.re- fuses to have his meter tested, it shall be the duty of the Waterworks Depart- ment of the City of Beaumont to make such test to determine whether the con- sumer 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 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. 19 Section 230r 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 Department, 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 service to said person until the waste of water has been stopped. Section t -i- All ordinances and parts of ordinances in conflict herewith are hereby repealed. SPnti nn - 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 har- monious. zy Section The fact that the people of the City of Beaumont have voted for the issuance of Waterworks Revenue Bonds in the amount of .two million dollars ($2,000,000) for the improvement, repair, and extension of the Waterworks System; and the fact that the city limits have recently been extended neces- sitating additional extensions of water service to adequately serve the people of the City, and that the public health of the inhabitants of the City, as well as the public safety of the property of the City from fire, require ad- ditional water service which is not now in all cases afforded by the present System; and the fact that the Waterworks Revenue Bonds are to be sold on August 26, 1947, and it is necessary to have the rates and revenue established prior to the sale of said bonds, and for the protection of public property and health of the inhabitsnts of the City, creates an emergency necessitating the suspension of the rule requiring ordinances to be read on three several days before their passage, and said rule is hereby suspended and this ordinance shall be in force and effect from and after its passage. PASSED on this, the 12th day of August, 1947, by an affirmative vote of all members of the City Commission of the City of Beaumont. Mayor of the City of Beaumont J. .r, p h<i' (1/7.x, ,r�,,?';S•r•'f Rsf••- J.,i:r"+, - 7 - PUBLISHER'S AFFIDAVIT LEGAL , NOTICE -- by I BEAU- MONT;I SYSTEM OF THE PRESCRIBING ATES TO BE 'First 100, THE STATE OF TEXAS i CHARGED' FOR WATER SERVICE; Second 10 EMPOWERING THE CITY COMMIS- Third 100, SIONCOUNTY OF JEFFERSON AGE, •MAINTA N, ,A OPERATE. MAN- Fourth 0, AGE, MAINTAIN,'AND.DI2PROVE THE Fifth 100, WATERWORKS SYSTEM OF" THE All over CITY OF BEAUMONT; •AUTHORIZING Minimum' THE EMPLOYMENT OF- ALL NECES- Per mon SARY HELP; PROVIDING THAT THE Prompt p FUNDS OF SAID - WATERWORKS discount I SYSTEM SHALL BE KEPT SEPARATE Maximum FROM - ALL' OTHER FUNDS OF THE (h) No fl CITY AND' FOR THE MANNER OF EX- made to t PENDITURE OF SAID FUNDS BY THE System of Before me, the undersigned authority, personally appeared CITY- COMMISSION.- TOR CERTAIN �( c,) -A11,� PURPOSES: EMPOWERING-THS'--ChrY� Mise herein: COMMISSION TO PRESCRIBE NECES- payable wi SARY RULES, AND REGULATIONS date of sai FOR THE OPERATION OF SAID SYS -ill or a R A Bean TEM AND DEFINING CERTAIN TERMS; Ithe custo REPEALING !ALL ORDINANCES AND alty provid PART3 OF 'ORDINANCES. IN CON- (d) Fail FLICT- HEREWITH; AND DECLARING tomer to AN EMERGENCY. works Dep who, bei- b dui says that the f o I ri d I BE IT ORDAINED BY THE CITY represents g y me y sworn y o r e g g anj COMMISGION ., OF . THE CITY OF constitute BEAUMONT: ; water ser, SECTION 1 days from The- City 'Commission of- the City of discontinu �r�, Beaumont shall hereafter be invested service sh attached t�v�al Notice with the -power to control, operate, customer manage, maintain, and; improve the plus one - Waterworks System of -the -City of Beau- Applicatio mont. test ,of ch AU�LiBt 16 . 11SECTION 2 Departme was published on the following dates. h � The Manager, -with the approval alter or e • I of the City Commission, shall appoint paragraph. an operating head - of all divisions of (e) The the Waterworks System. The City Com- authorized mission and . City Manager shall per- any applic form all services that are usually per- deposit to A. D., 19 Al formed by the active officers of a pub- charges, s lic • service corporation -of 'like nature. charges t The City Clerk of the City of Beau- such depo mo nt shall- be general secretary of the less than Woterwbrks System, with, such powers however, t and duties as are usually incident to be " re4uir such office, and with such powers pay chars in the BEAUMONT_ Journal , a daily newspaper and'duties as'the City Commission may water sery from time to time Prescribe. (f) Not SECTION •.3 services s II All revenues of the Waterworks Sys- meter; Pro tern. shall be payable to the ' City of ed upon t printed and published at Beaumont, Jefferson County, Texas. Beaumont:: Water Department, and such no intery funds shall to deposited in 'the City any publ Depository to the credit of .the Water- tween the works Revenue Fund, or System Fund, through a which shall be kept'separate and apart is a met from all other funds of the,,City. No ment will money shall drawn, from the said the chars i Waterworks Revenue Fund, or System the seve Fund, except in Pursuance of an, ap- families o propriation by - the City Commission the use of upon a voucher signed by - the City the owner Clerk and.. countersigned by- the City properfiy-=t Manager, *and as provided by -'the -Char- _ ter and ordinances of -the - City of (a) All + Beaumont,' departmen SECTION 4 and all c The City Commission shall" be em- Beaumont SUBSC IBED and sworn to before me, this the 1� da powered to Pend-therevenue of. the except• s Y Waterworks Svstem '°f. the City of that may Beaumont for -the following purposes: charges s For the, expense of operation and service at �/ maintenance; including salaries, labor, per one t Of _ A. D. 19'J' maintenance, repairs; and extensions buildings _ - - necessary to render .efficient service, operated Provided only such repairs and exten- including Bions as in the .iudgment of the City Partment. Commission are necessary to keep the (b) Befo NSystem in: operation and render ade- or -Paved s 4uate service to such City and the in. street mai _ habitants thereof, -or such as migh$`be therewith, necessary' to meet some physical ac- ment shal NOTARY T cident or condition which would other - LIC in and for Jefferson County TeM wise impair the efficiency of the Svs- Street an licatio tem, as well as for interest and sink- to the -S ins fund sufficient to pay any revenue to the e. bonds iss—,cl to construct, improve, to make t and repair such System, or to pay any. pavement outstanding. indebtedness against the shall be labor for same, as is provided in Article 1113, Re- vised Civil Statutes. 1925, as amended. per cent SECTION 5 cost of m Intending The City -Commi Ston shall have the Power to prescribe such rules and regu- that may lations from time to time as may be ment of t -necessary, .for . -the economical open-- °f the pr )ation of the Waterworks System, when Nater; sha such rules and regulations do not con- works Dep flict with any ,paragraph of 'this' ordi- materia -ante, servic SECTION B (100, No employee or agent of the City tool(. Cbmmission of the City of Beaumont th, shall' have authority to make any oth- m� er rules :Or 'or or{toPerform 3t