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Ordinance No. 943ORDINANCE NO. 943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN PROVIDING FOR THE PAYMENT AND REFUND OF WATER SERVICE DEPOSITS; PROVIDING FOR THE PAY- MENT OF WATER TAPPING FEES; PRESCRIBING CERTAIN RATES TO BE CHARGED BY THE CITY FOR WATER SUP- PLIED BY THE CITY AND CONSUMED OR USED BY PER- SONS IN SAID CITY; PROVIDING FOR CERTAIN PROCE- DURES AND CHARGES AGAINST PERSONS WHO FAIL TO PAY FOR WATER SERVICES OR WHO DAMAGE CITY PROPERTY USED FOR WATER DISTRIBUTION OR WHO VIOLATE ANY LAW OR REGULATION PERTAINING TO WATER SERVICE; REPEALING ORDINANCES IN CONFLICT HEREWITH; CON- TAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BAYTOWN: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section 1: Water Deposits and Refunds: When- ever a consumer desires to establish service with the Water Department, he shall tender to such department, at least one day prior to the time he desires his premises to be connected with said water services, the proper deposit. Deposits will be refunded upon termination of service provided the consumer has fully satisfied all charges due the City. Such deposits shall be as follows: 1. Residential consumers occupying single family dwelling houses shall be required to place on deposit the amount of $10.00. 2. Commercial water deposits shall be de- termined by the Utility Office Manager. This deposit is to be generally compara- ble to two months water service of com- mercial businesses similar to the applicant. 3. Deposits for apartment houses, mobile parks or other multi- family dwelling projects shall be determined by the Utility Office Manager, but shall not be less than $3.00 per unit with a mini- mum deposit of $20.00. Section 2: Water Tapping Fees: The following fees shall be assessed and collected by the Water Department for water taps: 1. 3/4 inch water tap $ 75.00 2. 1 inch water tap $150.00 3. 1 1/2 inch water tap $275.00 All other taps and other special water connections will be determined by the Utility Office Manager after consultation with the City Engineer. Section 3: Water Service Charges: a. Each single family dwelling individually me- tered for the consumption of water shall be charged for and owe each month a water service charge to the City of Baytown based upon: (1) Consumption of water: The water service charge will be determined by applying the actual monthly water meter reading to the rate schedule listed below; (2) The following rate schedule, which specifies the water service charge based on amount of water consumed: Gallons of Water Used 2er Month First 3,000 Next 3,000 Next 10,000 All over 16,000 Amount or Rate To be Charged_ $2.00 (minimum monthly rate) (Cents per 1,000 gallons) $ .45 .35 .30 b. The monthly water service charge for multi- family dwelling projects, with units not individually me- tered for water, will be determined as follows: (1) The total monthly water consump- tion for the project will be divi- ded by the number of "occupied units" in the project served by the meter as of the first day of the current month to determine the per -unit water con- sumption. The number of "occupied units" in the project shall be taken to be the total number of units in the project unless the project manager shall report to the City on the form provided in "Annex A" the actual number of occupied units as of the first day of the current month. This report must be received by the City no later than the 10th day of the current month. (2) The per -unit water consumption will determine the applicable charge for each occupied unit based upon the schedule provided in Sub - section a; -2- (3) The applicable water service charge for each occupied unit will be mul- tiplied by the number of occupied units in the project served by the meter to determine the monthly wa- ter service charge for the entire project. c. The monthly water service charge for mobile home parks shall be determined as follows: (1) The total monthly water consumption for the project will be divided by the actual number of rented spaces served by the meter at the time the meter is read to determine the per -unit water consumption; (2) The per -unit water consumption will determine the applicable water ser- vice charge for each rented space based upon the schedule provided in Sub - section a; (3) The applicable charge for each rented space will be multiplied by the ac- tual number of rented spaces in the project served by the meter to deter- mine the monthly water service charge for the project. d. The monthly water service charge for commercial establishments, whether a single unit individually metered or a combination of units jointly metered, shall be the ap- plicable charge indicated in Sub - section a based upon the total consumption indicated by the meter reading. Section 4: No connections for flat -rate service shall hereafter be allowed by the waterworks system of the City of Baytown, and it is herein specifically provided that every single family dwelling house hereafter constructed in the City shall be separately metered for water service. The provisions of this section shall apply to the remodeling or altering of any existing house, garage, or other building where an additional family dwelling or dwellings are to be added, or where the cost of such remodeling or alteration ex- ceeds fifty (50%) percent of the original cost of such house or building. Each commercial establishment shall be indivi- dually metered for water service, except as approved by the Utility Office Manager. Section 5: Meters shall be read monthly and each customer shall be billed monthly. if a water account is not -3- 0 paid within fifteen (15) days after same becomes due and payable, the City reserves the right, as provided in section 6 to cut off and discontinue water service to such account. If a water account is not paid within forty -five (45) days after same becomes due and payable, the Utility office Manager shall cut off and discontinue water service to such account; pro- vided, however, that the City Manager may authorize that wa- ter service be continued after an account is forty -five (45) days delinquent if, in his opinion, a hardship exists which justifies such continuance. Section 6: Procedures and remedies for non-payment of water bills and violations of City ordinances: a. If any person shall refuse or neglect to pay the charges for water service within fifteen (15) days after becoming due, or permit any waste or use of water contrary to the pro - :4 visions of law, the City reserves the right to cut off and discontinue water service un- til all past due charges have been paid and any required deposit has been made and fur- ther until any and all objectionable condi- tions pertaining to the waste or use of wa- ter have been corrected to the satisfaction of the Director of Finance. b. If the water meter has been turned off for non - payment of charges for water services, and it is turned on again by anyone other than authorized personnel of the Water De- partment, or when, in the opinion of the Utility Office Manager, the turning off of the water at the cur's stop and /or removal of the meter and /or tiie locking of the curb stop is not sufficient protection for the City against the use of water, waste or misuse of water, the utility Office Manager may cause the water to be off and /or the service line to be cut and pugged, and upon a re- application for water sE_rvice, the cost of re- connecting the service will be charged to the customer plus an additional service fee of $10.00. C. In cases where the water meter '--.as been turned off for non- payment of charges for water or sanitary sewer services, and the customer has complied with the requirements of the City and is entitled to have the water turned on again, the following re- connection charges will be made, as applicable: If the service is to be re- connected at the customer's request between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. of any week day from Monday through Friday, (except holidays authorized by City Council for City employees) the charge will be $4.00. If the customer requests that service be re- connected at any other time than that sta- ted above, the charge will be $7.50. -4- d. Should any person gave the City a check in payment of water services which is not honored by the drawee bank for any reason, an additional charge of $1.00 shall be charged to the person giving such check. 6. Should any person damage or destroy any City property used for measuring or dis- tributing water, the Director of Finance shall collect from such person a sum of money equal to such destroyed or damaged property, but in no event less than $10.00. Any or all of the foregoing charges and fees may be inclu- ded in regular or special billing of the City Grater Depart- ment and shall be in addition to all other charges, fees or penalties provided by this ordinance. Section 7• Penalty: Any person, firm or cor- poration violating any provisions of this ordinance or failing to observe any provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum of not more than Two Hundred ($200.00) Dollars. Section $; Repealing Clause: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject mat- ter covered by this ordinance. Section 9: Savings Clause: if any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Sectionl0: Effective Date: This ordinance shall -5- take effect from and after the lst day of December, 1968, which is a date more distant than ten (10) days after its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, on this the day ofj� ��, 1968. Seaborn Cravey, Mayor ATTEST: 1 y Edna Oliver, City Clerk APPROVED: • • (2. All� William R. Laughlin, City ttorney "A N N E X All Utility Office Manager City of Baytown P. O. Box 424 Baytown, Texas 77520 Dear Sir: I hereby certify that I am the owner (or manager) of a multi- family dwelling project located at Street, Baytown, Texas. This project is known as the (indicate the project's name, if applicable). I hereby cer- tify that the aforementioned project has (number) units. i further certify that as of the first day of the current calendar month, there were (number) oc- cupied units in the project, and that there were (number) unoccupied units. I understand that the information hereby given is to be used by the City of Baytown in computing the current month's water service charge for this project. I also understand that this information must be received by the City of Baytown no later than the 10th day of each month in order to be considered. I further understand that the information hereby given may be verified at any time upon the request of the Utility Office Manager of the City of Baytown. Signature Manager or Owner