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HomeMy WebLinkAboutORD 20-030ORDINANCE NO. 20-030 ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001, SECTION 22.02.002, SECTION 22.02.003, SECTION 22.02.005 AND SECTION 22.02.006 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO WATER AND SEWER REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 22, Article 22.02, Section 22.02.001 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.001 Water service rates (a) Effective October 1, 2019, the following rates per month shall be the rate charged for water service furnished to customers inside and outside of the corporate limits of the city except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Outside City Rate 5/8 $13.69 $20.54 1 $15.17 $22.76 1-1/2 $16.64 $24.96 2 $20.77 $31.15 3 $42.19 $63.28 4 $51.15 $76.72 6 $92.21 $138.32 8 $126.81 $190.21 10 $174.50 $261.75 12 $217.55 $326.32 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $4.63 $6.95 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.63). (c) Eligible senior citizens shall mean customers residing in a single-family residence who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8- inch meter rate. Additional usage above and beyond the minimum usage will be billed - based on rates set by this section. Section 2. That Chapter 22, Article 22.02, Section 22.02.002 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.002 Wastewater rates (a) Effective October 1, 2019, the following rates per month shall be the rate charged for wastewater services furnished to customers inside and outside of the corporate limits of the city where the wastewater produced by such customer is a normal strength wastewater (150 mg/1 lb) except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Outside City Rate 5/8 $8.76 $13.14 1 $8.90 $13.36 1-1/2 $9.05 $13.58 2 $9.83 $14.74 3 $11.12 $16.68 4 $16.29 $24.43 6 $26.71 $40.07 8 $32.63 $48.95 10 $44.51 . $66.76 12 $56.35 $84.53 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $4.16 $6.24 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.16). (c) Eligible senior citizens shall mean customers residing in a single-family residence who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) Residential sewer charges shall be based on the average water bill invoiced for the months of November, December, January and February. The monthly individual sewer bill shall not exceed that average. Where no preceding November through February monthly average bill is available, water customer service will use an average bill based on six thousand (6,000) gallons per month at the 5/8-inch meter rate as the cap. (e) Commercial and industrial sewer usage charges shall be based on one hundred (100) percent of the metered water usage. In circumstances where a commercial or industrial customer desires a credit for metered water being consumed but not being returned to the sanitary sewer, it shall be the responsibility of the user to furnish to the director of water utilities an engineering report, certified by a professional engineer, that justifies and supports the discharge reduction as being a continuous normal part of the process. Based on the date provided, the director of water utilities may estimate said return or require submetering of the process water. Meters used for submetering shall be furnished at the customer's expense and shall be approved by the director of water utilities. (f) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8- inch meter rate. Additional usage above and beyond the minimum usage will be billed on rates set by this section. Section 3. That Chapter 22, Article 22.02, Section 22.02.003 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Section 22.02.003 Payment of charges and deposits (a) All bills shall be computed at the herein described rates and shall be payable within thirty (30) days from the date of such bills. (b) Failure or refusal by any customer to pay any bill owed to the city, upon demand, shall constitute a breach of contract. The City Manager, or his designee, may, after proper notice, discontinue service to a customer for failure or refusal to pay any bill in full and on time. Customers may be allowed to enter into a payment plan with the city pursuant to policy approved by the City Manager. Services shall not be renewed until the customer has paid all delinquent bills or met the terms of a payment plan, plus the following applicable service charges: (1) Field collection: $20.00 (2) Disconnection: $25.00 (3) Unauthorized use: $35.00 (4) Meter removed: $50.00 (5) Service killed at the main line: $300.00 (6) Second trip for service turn -on: $15.00 (7) Turn -on fee: $15.00 (8) Returned check: $25.00 (9) Late Fee: $5.00 (10) Tampering fee: $100.00 (11) Equipment replacement: $145.00 (c) The notice to the user of failure or refusal to pay for water, sewer and sanitation service shall provide for a hearing if requested by the user. A user may request and receive a hearing concerning termination of water service and termination shall not occur until a determination of the merits of the user's appeal is made by the person conducting the hearing. (d) An applicant for water service will be required to pay a cash deposit to secure payment of water, sewer, sanitation charges, or any other charges that may accrue. Residential customers will be required to pay a $100 deposit in order to commence service. Commercial and industrial businesses will require a minimum deposit of $250; however, higher deposits may be required based on the meter size and a two month r- average consumption history for a similar type business and one of similar size. If there is an outstanding bill due, the customer's deposit will be applied towards the balance. If a portion or all of a deposit is used towards an outstanding bill, the difference, if any, will be required to be paid as part of the next bill and an additional deposit may be required. Failure to pay the additional deposit will forfeit the right to water, sewer and sanitation services and the same may be discontinued five (5) days after notice to pay such additional deposit. Customers who discontinue service or have their services turned off for nonpayment, will not have services restored at any address or location until all outstanding balances are paid. Section 4. That Chapter 22, Article 22.02, Section 22.02.005 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.005 Testing water meters (a) Any customer to whom water is furnished through a meter shall have the right to demand that his water be tested for accuracy, and when the customer wishes such test made, he shall deposit with the water department thirty dollars ($30.00) 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 by more than two (2) percent 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 the 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 two (2) percent, then it will be the duty of the finance officer, or his designee, to charge the customer for any amount that may be due the city 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 shall be given notice of the time when such test is to be made. (e) Should a dispute arise between a consumer and the city as to the amount of any bill and as to the number of gallons of water used by such consumer, the consumer, complying with subsection (a), may have his meter tested. If, however, the consumer fails or refuses to have his meter tested, it shall be the duty of the city 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 the meter is, correctly registering within a range of two (2) percent 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 5. That Chapter 22, Article 22.02, Section 22.02.006 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.006 Water and sewer service outside city No water or sewer service shall be furnished to any subdivision outside the city unless and until a plan, plat or replat shall have been first approved in the manner provided by law. If such plan, plat or replat shall have been so approved in accordance with the state statutes, the city may, if it is deemed advisable, furnish water and/or sewer service to premises outside the city limits, under the following rules: (1) Any person residing outside of the city desiring to use city utilities shall make application to the water department requesting service, which shall state the location of the premises to be served and the purpose for which service is to be used. Such application shall be made upon blanks furnished by the city and shall be signed by the agent or owner of the property to be served, and he will become liable for charges for water furnished under such services, and subject to the same remedial action as for service inside the city. (2) Water or sewer services to customers outside the city limits shall be rendered at a rate that is equal to one hundred fifty (150) percent of the rate established inside the city limits. Section 6. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 7. That all ordinances or parts of ordinances in conflict he6ewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2020.