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HomeMy WebLinkAboutOrd No. 11-3563AMENDMENT WATER RATE ADJUSTMENT Sec. 25 -33. Refund of deposit. ORDINANCE NO. 11 -3563 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING CHAPTER 25 ARTICLE II ENTITLED "RATES AND CHARGES" OF THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, the City of Plainview, Texas, provides water to its citizens; and WHEREAS, the City Council is charged with the responsibility of establishing water rates in order to insure that the services provided are maintained at an acceptable level; and WHEREAS, the City Council finds that an increase in the fees charged for such services is necessary to insure the continued viability of said program. NOW, THEREFORE, the City of Plainview hereby ordains that: SECTION I Section 25 shall be amended to read as follows: Sec. 25 -32. Cash deposit to be made with application; bond in lieu of deposit As security to guarantee the payment for all water and services furnished by the City, a deposit shall be made with the wate orks utility accounting department at the time of making application for water service. The minimum amount of said deposit which shall be as follows: Residential: Single family (per meter) 50.00 75.00 Multifamily on one meter First unit 50.0 75.00 Each Additional Unit 2-0700 -30.00 Commercial: Estimated 11/2 times monthly bill or minimum of 75.00 100.00 (Ord. No.66 -931, 4- 18 -66; Ord. No. 76 -1979, 8- 24 -76; Ord. No. 84 -2561, 7- 24 -84; Ord. No. 03 -3402, 9 -9 -03) hall be made upon the termination service. Application of the deposit may be made in partial or total settlement of Ordinance No.11 -3563 Water Rates Effective 10 -1 -2011 and 1 -1 -2012 Page 1 of 4 149 150 by the city. (Ord. No. 66 931§-7-4-1-2,-66-) (a) The deposit shall be refunded to the depositor when he discontinues City water use. All bills and accounts due the City for water service must be paid first. (b) Such deposit guarantees payment of water, sewer, and sanitation service accounts or damages to service connections or meters caused through neglect, abuses or failure of the customer or his agents to use proper care. The City may apply the deposit or any part thereof to the payment of any such accounts when they become past due. (c) Customer's failure to pay the water, sewer, and sanitation bill when due is considered notice from the customer to discontinue service and apply so much of the deposit as is necessary for the payment of the then past due account. (d) Should a deposit or any part thereof be applied in payment of past due accounts, service may not be reestablished until the deposit is restored to the appropriate current amount. (Ord. No. 66 -931, 4- 18 -66) Sec. 25 -39. Voluntary discontinuance of service Consumers wishing to discontinue the use of any utility service shall give written Sec. 25 -41. Water rates, billings The City shall charge and collect, and every consumer of water shall pay for the water furnished by the City to the consumer the amounts calculated by application of the rates to metered readings as provided in this Chapter. This amendment is effective by ordinance with the first billing of January October, 2011 upon its passage and publication as required by law. a) The following are established as the monthly rates to be charged for water furnished by the City of Plainview for all consumers, unless otherwise noted: The City shall make a minimum monthly charge of eighteen dollars and fifty cents ($18.50) twenty one dollars and fifty cents ($21.50) to each consumer inside the City limits using City water. An additional charge of one dollar and sixty -five cents ($1.65) for each one thousand (1,000) gallons shall be assessed on all water consumed up to and including twenty five thousand (25,000) gallons. Effective January 1, 2012 this rate shall change to one dollar and seventy cents ($1.70) An additional charge of one dollar and eighty -four cents ($1.84) shall be assessed on each one thousand (1,000) gallons on all water consumed in excess of twenty -five thousand (25,000) Ordinance No.11 -3563 Water Rates Effective 10 -1 -2011 and 1 -1 -2012 Page 2 of 4 Penalty on delinquent bills. A one -time penalty of ten (10) percent of the total utility bill shall be assessed on all bills not paid on or before the past due date printed on the bill. All payments must be in the possession of the utility accounting department by 5:00 p.m. close of business on the past due date to prevent a penalty charge being assessed. The gross due, which includes penalty, shall be the amount due after 5:00 p.m. on the past -due date. (Ord. No. 80 -2411, 9- 23 -80; Ord. No. 84 -2568, 9- 11 -84; Ord. No. 89 -2805, 10- 24 -89; Ord. No. 90 -2854, 1- 22 -91; Ord. No. 92 -2897. 1- 28 -92; Ord. No. 97 -3112, 3- 25 -97; Ord. No. 03 -3402, 9 -9 -2003; Ord. No. 05 -3453, 9 -27 -2005; Ord. No. 06 -3473, 9 26- 2006; Ord. No. 08 3504, 9 23 2008; Ord. No. 09 3518, 9 22 2009; Ord. No. 10 3531, 9 -28 -2010; Ord. No. 10 -3536, 11 -9 -2010) SECTION II gallons. Effective January 1, 2012 this rate shall be one dollar and ninety -five cents ($1.95). The City shall make a minimum monthly charge of eighteen dollars and fifty cents ($18.50} twenty one dollars and fifty cents ($21.50) to each consumer outside the City limits using City water. An additional charge of one dollar and seventy -seven cents ($1.77) for each one thousand (1,000) gallons shall be assessed on all water consumed up to and including twenty five thousand (25,000) gallons. Effective January 1, 2012 this rate shall be one dollar and eighty two cents ($1.82) An additional charge of two dollars and twenty -four cents ($2.24) shall be made on each one thousand (1,000) gallons on all water consumed in excess of twenty -five thousand (25,000) gallons. This rate shall change effective January 1, 2012 to two dollars and thirty -eight cents ($2.38). The net amount due may be paid on or before the past due date printed on the bill. All payments must be in the possession of the utility accounting department by 5:00 p.m. on the past -due date to prevent a penalty charge being assessed. Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter herein. SECTION III All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. Ordinance No.11 -3563 Water Rates Effective 10 -1 -2011 and 1 -1 -2012 Page 3 of 4 151 152 SECTION IV Severability is intended throughout and within this Article. If any provision, including any section, paragraph, sentence, clause, phrase or word or the application thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. A constitutional construction hereof is intended and shall be given. There is no intent herein to violate either of the Texas Constitution or the Constitution of the United States. SECTION V This ordinance shall be effective with the first billing in October, 2011 and upon its passage and publication as required by law. PASSED AND APPROVED on first reading the 22 day of September, 2011. PASSED AND APPROVED on second reading the 27 Aay of September, 2011. ATTEST: Belinda inojosa, Ci y Secret APPROVED AS TO CONTENT: 4' i Sarianne Beversdorf, Director of Fi ance APPROVED AS TO FORM: s 'e Spear Pearc-, City Attorney Ordinance No.11 -3563 Water Rates Effective 10 -1 -2011 and 1 -1 -2012 Jo n C. Anderson, Mayor Page 4 of 4