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HomeMy WebLinkAboutOrd No. 12-3580208 AMENDMENT - SEWER RATES ORDINANCE NO.12 —3580 AN ORDINANCE OF THE CITY OF PLAINVIEW, AMENDING SECTION 13.02.010, ENTITLED "SEWER RATES" OF THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; REPEALER; AND EFFECTIVE DATE. WHEREAS, the City of Plainview, Texas, provides sewer service to its citizens; and WHEREAS, the City Council is charged with the responsibility of establishing sewer 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 13.02.010 shall be amended to read as follows: Sec. 13.02.010. Sewer Rates For the furnishing of sewer service and sewer connections by the City, the following schedule is hereby established as the monthly rates to be charged: (1) Residential rates: Ordinance No. 12 -3580 (A) Single Family Dwellings: • _ _ _ - !._ _ Eleven dollars and five cents ($11.05) minimum plus cents ($1.53) one dollar and sixty cents ($1.60) per one thousand gallons. (B) The monthly charge for the use of sewer shall be calculated on the basis of water meter readings for the months for which said charge is made. A maximum of fourteen thousand (14,000) gallons shall be used to determine the sewer charge for each month. (C) Duplexes, Apartment Houses, Rooming Houses, and Multiple Mobile Homes: - - _ _ _ _ - :: e._ _ Eleven dollars and five cents ($11.05) minimum each month for 1st dwelling unit, and e+ ►e ten dollars and eight cents ($10.08) Sewer Rates Page 1 of 4 per unit for each additional unit plus ($1.53) one dollar and sixty cents ($1.60) per one thousand gallons for all water consumed, per the water meter reading for each month. The maximum gallon cap available to single family dwellings shall not apply to duplexes, apartment houses, rooming houses, and multiple mobile homes. The monthly charge for the use of sewer shall be calculated on the basis of the water meter reading for the month for which the charge is made. (2) Commercial Rates: For all other commercial establishments, including hotels and motels, the rates to be charged for such sewer service shall be as follows: The minimum charge shall be - • - - - - • e - - • :> e. - eleven dollars and five cents ($11.05) and for each one thousand gallons metered an additional charge of • - :: - - _ ._ - one dollar and sixty cents ($1.60) per thousand on all consumption. The monthly charge for the use of sewer for such commercial establishments shall be calculated on the basis of the water meter readings for the months for which said charge is made. The commercial rate shall apply to all consumers not described under residential rates. The maximum gallon cap available to single family dwellings shall not apply to commercial rates. Ordinance No. 12 -3580 (3) Should there be a residential or commercial establishment not using City water, or using City water for only a portion of its total water use, then the sewer rates for such establishment in excess of the minimum rate of fifty five cents ($10.55) eleven dollars and five cents ($11.05) per month shall be based upon the estimated gallons of water used by said establishment, the same to be arrived at on the basis that it is reasonable and fair to both the resident or commercial establishment and to the City, as approved by the Director of Finance. (4) A sewer charge shall not be applied to water meters which are exclusively used for yard watering or an irrigation system. The Director of Public Works shall develop and administer an application procedure for exemptions and said exemptions shall be renewed annually. (5) . Any consumer who wishes to install sewer sampling and meter device may do so if such meets City specifications and the consumer pays acquisition and installation costs. The metering equipment shall become City property and the City shall be responsible for maintaining such. Said consumer shall be exempt from the above charges and shall pay a minimum of ccnts ($10.55) eleven dollars and five cents ($11.05) per month, fifty eight ccnts ($2.58) two dollars and seventy cents ($2.70) per thousand gallons of sewage discharged to the City sewer system, plus additional charges based on quality as addressed in the City Industrial Waste Ordinance. Sewer Rates Page 2 of 4 209 210 SECTION II SECTION III ' Severability is intended throughout and within this Article. If any provision, including any section, paragraph, sentence, clause, phrase or word or the application thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. A constitutional construction hereof is intended and shall be given. There is not intent herein to violate either of the Texas Constitution or the Constitution of the United States. (6) State Prison Rates. The rates to be charged for sewer service to the prison facility shall be as follows: Forty -four cents ($.44) per one thousand (1000) gallons. The rate is guaranteed for five (5) years, said period to commence after the facility begins accepting inmates; thereafter, charged rates shall equal rates charged to commercial customers inside the City limits. The date the Wheeler Unit changed rates was March 20, 2000. The date the Formby Unit changed rates was September 6, 2001. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV 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 V All ordinances or portion of any ordinance of the City of Plainview, Texas, in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION VI This ordinance shall be effective with the first billing in October 2012 upon its passage and publication as required by law. Ordinance No. 12 -3580 Sewer Rates Page 3 of 4 PASSED AND APPROVED on first reading the 20 day of September, 2012. PASSED AND APPROVED on second reading the 25 day of September, 2012. ATTEST: Belinda Hinojosa, City Se rjj tary APPROVED AS TO CONTENT: Sarianne Beversdorf, Director of R'inance APPROVED AS TO FORM: Leslie Spear Pearce, ty Attorney Ordinance No. 12 -3580 Sewer Rates 1 Wendell Dunlap, Mayor Page 4 of 4 211