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HomeMy WebLinkAbout76-1979 ordORDINANCE NO.76-1979 AN ORDINANCE PRESCRIBING POLICIES OF THE CITY OF PLAINVIEW IN REGARD TO THE FURNISHING OF WATER AND SEWER UTILITY SERVICES; ]PROVIDING REGULATIONS PERTAINING TO THE CONNECTIONS OF USERS OF THE CITY'S WATER AND SEWER SYSTEMS; PRESCRIBING REGULATIONS PERTAINING TO THE OPERATION OF THE CITY'S WATER AND SEWER SYSTEMS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: THE CITY OF PLAINVIEW UTILITY ~PARTMENTo There is hereby created the City of Plainview Utility Department. It shall be a separate and independent department of the City. Ail revenue derived from this source shall constitute a special fund to be used first for the payment of all expense of the water and sewer systems, and the operation of the water and sewer systems of the City of Plainview, and for the retirement and payment of all revenue bonds of the City of Plainview obligating the revenue of the City water and sewer systems. SECTION 2: DEFINITIONS~ Wherever the term "water works department" of the City of Plainview is used herein, the same shall refer to the department of the City of Plainview supervising the operation of the City's public water system and the supplying of water by the City. SECTION 3: SEPARATE ACCOUNT TO BE KEPT. The City Manager of the City of Plainview shall require that there shall be kept a separate account of all funds received and disbursed for the account of the City Utility Department, and the war- rants drawn against this fund shall state on its face that same is drawn against said fund and the purpose therefor. SECTION 4: APPLICATION FOR WATER REQUIRED; CONTENTS OF APPLICATION. Before any water shall be supplied to any person or any premises by the waterworks depart- ment, the owner or occupant of the property shall make written application for such service upon a form provided by the waterworks department, which application shall contain a contract on the part of the applicant ~to pay the City, for the use and benefit of the City waterworks, all charges for such services, including pro-rata charges, if any, and further agree to abide by all current provisions of this' Code and other Ordinances of the City relating to suM~ services. If such application is for service to a residence, the name of the head of the family in control of such premises shall be given, a~nd if for service other than a residence, the name or names of the persons in ~ntrol of the premises or of the business conducted therein shall be given. Ail applications for services to office buildings must be signed by the owner or agent. As a courtesy, application for water may be accepted by telephone; provided, that is such cases, the contract for service wilI be mailed to the applicant'~and must be signed and returned, together with the required deposit, within five (5) days from the date the application for service was made by telephone. If the signe~ application, together with any required deposit, is not received by the waterworks department within five (5) days from the date application for ser- vice was made by telephone, service covered by ~e application shall be discontinued until application and deposit are made in person by the applicant at the offices of the waterworks department° SECTION 5: RESIDENCE OR PLACE OF BUSINESS FOR WHICH APPLICATION ACCEPTED DEEMED BONA FIDE ONE OF APPLICANT. Iai Where ~a application is accepted for water service, for business or residence purposes, it shall be considered the bona fide residence or business of the application and should water services be discontinued for non-payment of bills or for other infractions of this title, no new application will be accepted from the owner, agent or any other person to con- tinue service in such place under any other name, so long as such place is occupied by the original applicant as the bona fide residence or place of business of same, until after all bills and penalties, damage to waterworks department, and other service charges have been paid in full or some ~rm or agreement has been reached. [b] Should water services be ~urnished by anyone to a tenant, it shall be considered additional service to the applicant and the provisions hereof shall ap- ply in the same manner. SECTION 6: OMISSION OF PROPER INFORMATION FROM APPLICATION. Any consumer who shall discontinue the place of business or move from his residence and leave a bill for water service or any other services due the City of Plainview, and shall make application for service at some other address, either under his own name or under a differ.ent name, without stating to the waterworks department of the City of Plainview the old address and name under which water was used at the address where there is a bill due, shall be deemed guilty of a misdemeanor. SECTION 7: 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 of Plainview, a deposit shall be made with the waterworks department at the time of making application for water service, the minimum amount of which shall be as follows: RESIDENTIAL: Single family [per me~er) Multifamily on one meter First Unit Each additional unit COMMERCIAL: Estimated 1-1/2 times monthly bill or minimum of $15.00 $15.00 $ 5.oo $15.oo ~] The Director of Municipal Services may, at his discretion, require a cash deposit that would be sufficient to protect the City from losses that may be main- tained over a period of three (3) months, or he may require an additional deposit if, for any reason, the amount of deposit becomes less than the amount originally required through the schedules above set up. Ici Any and all sums of money collected, or hereafter collected as a cash deposit securing the waterworks department against losses that may be substained when a consumer discontinues the use of water shall be deposited in a special fund to be used for the payment or adjustment of final amounts due the department for water used when an account is being closed; provided, however, that such funds or deposits may be used by the City as a working capital for the making of permanent improvements in the water department, but such funds shall never be reduced to a point where the current adjustments or closing of accounts could not be met. Should the use of these funds as a working capital create a deficit to the point where the current adjustments or withdrawals and closing of accounts gould not be met, then there shall be transferred sufficient funds from the general operating revenues of the water department to provide a sufficient active fund for that purpose. -2- Id] In case a person making a deposit becomes insolvent or bankrupt, or makes an assignment for the benefit of creditors, or for any reason fails to pay the City for water furnished, then in any such event the City shall have the right to apply the deposit to the bill that may be outstanding. [e] Any deposit made under the provisions of this section, for water or sewer services at the address shown on the original application, may be transferred by the Director of Municipal Services to any subsequent address of the same original applicant, at the written or oral request of the applican/;~signer of the applica- tion, or depositor. SECTION 8: WATER USED IN CONSTRUCTION CHARGED TO PROPERTY OWNER; NON-PAYMENT OF CHARGES. Where water is used in the construction or repair of property, such water shall be charged~against the owner of the ]property. Where such water has not been~turned on by the waterworks department for use on the permises, such water shall not be turned on until such charge is paid. Where water is already turned on, and where such charges are not paid, it shall be turned off in the same manner as may be turned off for any other delinquency in payment. Where water has been discontinued by the waterworks department and it is sub- sequently found that additional water has been used, and where application has not been made, the same shall be charged against the owner of the property and service shall not be turned on for a new applicant until payment is made or agreed to for the water used while the property was apparently unoccupied. Where it is determined that the property was occupied without application, the water used shall be charged to the new occupant. SECTION 9: JOINT USERS; MOVING TO DIFFERENT LOCATIONS. [al Where water or sewerage is supplied to more than one family or occupant through a single service, the City will not undertake to apportion the charges for such use of water or sewer- age among the owners, occupants, or families; but the bill for such use of water or sewerage will be charged against the owner or occupant in whose name the account stands, except that if the one in whose name the account fails, refuses or is unable to pay such bill, any other owner, occupant or family who has used any of the water of service shall be responsible for the unpaid water or sewerage bills. Such unpaid bills may be cause for refusing service to the same address until the amount past dde is paid. [bi Where any consumer is liable to the City_for water or sewerage charges at one address and is thereafter located using water or sewerage at some other address, any amounts due for service furnished at any previous location may be transferred to the customer's account at the new location and the water or sewerage service may be discontinued at the new location until all vglid accounts past due are paid. Ici Should any person move into any premises supplied with water from the City mains, without making a written application in the manner provided therefor, and use water, then such person shall become responsible for all water used from date of the last reading previous to their occupying such premises and the failure to pay same shall be cause for disconnecting such service until the amount due is paid. SECTION 10: DETERMINATION OF SIZE AND TYPE OF METER AND SERVICE. The super- intendent of the waterworks department shall det~rmine the size, type and number of meters and services to be installed or used on any water service to any building or d~%ision of space in a building, or property subdivision. -3- SECTION 11: WATER FURNISHED TO DEPARTMENTS OF CITY. All water furnished to the various departments of the City shall be paid for by such departments out of appropriations made by the City Council for their respective operations. SECTION 12: NO WATER TO BE FURNISHED CONS~BRS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF PLAIN¥IEW. The City of Plainview shall not furnish any water to any consumer when the water is to be used in any way or manner outside the corpor- ate limits of the City of Plainview, except that the City may, in the discretion of the City Council, furnish water for industrial purposes to industries locating outside the City limits of the City of Plainview on a contract basis. The City water system, including lines necessary to furnish water to consumers, shall not be constructed nor laid outside the City limits of the City of Plainview, exept that, in the discretion of the City Council, said lines may be constructed or laid for the furnishing of City water to industries when a contract for the furnish- ing of City water has been made and entered into and approved by resolution in writing passed by the City Council of the City of Plainview on a contract basis with indust~ ties locating reasonably nearby outside the City limits of the City of Plainv~ew. SECTION 13: METERS REQUIRED; SELECTION OF ]LOCATION. Only water measured through a meter shall be supplied to consumers m~d all consumer water service shall be metered. Meters for service within the City will be furnished, installed and maintained by the water department. The superintendent of the water department shall direct and select the location and installation of all meters. SECTION 14: BILLS; DELINQUENCY; CUTTING OFF SERVICE; FEE FOR COLLECTION SER- VICE. The charges provided for by this Chapter for the various classes of service shall be payable monthly upon bills rendered by 'the waterworks department of the City of Plainview and shall be paid to the City of Plainview, Utility Department. The charges provided for her~in'shalI bec~Qme d~linquent ten (10) days after said bill is rendered and as printed on the face of the bill. The bill as rendered shall be the net amount of the bill. Ail bills shall t~e ~on~idered rendered when sent to the ~ustomer by the accounting and collections division of the Utility Department and the failure to receive any such bill by any consumer shall in no manner relieve such consumer of the duty and necessity of paying for water or sewer service fur- nished under the terms herein specified. It shall be the duty of the Director of Municipal Services, upon the failure or refusal or any person, firm or corporation to promptly pay within ten (10) days from date of delinquency any char~ge or charges levied and assessed under the terms of this Chapter, to discontinue such water or sewer service and refUse further service to such person, firm or corporation until said charges are paid or satisfactory arrangements for payment have been made. Provided, however, the Director may at his option, extend the time for payment for one (1) additional month before discontinuing such water or sewer service. In ad- dition, the sum of $5.00 is hereby assessed for making a service call for the pur- pose of cutting off service for failure on the part of the consumer to pay water or sewer service or installment charges or for the ]purpose of collecting a delinquent account, or for both if obth purposes are accomplished in one service call. The service may not be reinstated until all amounts then owed by the customer for the account at the premises where service is cut off are paid in full or until the cust- omer or his agent has made arrangements satisfactory with the Director of Municipal Services to pay said amounts in full. In the ew~nt service is reinstated upon the promise of t~e customer to pay and must again be cut off because of fRilure on the part of the customer to pay, an additional charge of $5.00 may be assessed. Should -4- collection be required for the purpose of collecting a check given by the customer~ in payment of a water bill, said check having been presented to the bank and the bank having not honored said check, a charge of $5.00 may be assessed. SECTION IS: METERS TO BE READ MONTHLY; ESTIMATED CHARGE WHEN METERS CANNOT BE READ. All meters, as nearly as possible, shall ]be read once a month and bills ren- dered therefor. If the meter reader is unable to procure a reading of a meter_be- cause ingress to the meter is obstructed in any manner, or entrance to premises is made precarious by vicious dog or otherwise, an estimated charge shall be made of the amount of water consumed. SECTION 16: NECESSITY FOR NOTICE TO DISCONTINUE SERVICE. Ail rates and charges for service to consumer's premises shall accrue and be charged against consumer until such time as written notice, giveh by consumer or by his duly authorized agent, to discontinue all service to consumer's premises is filed With the waterworks department except that where service is supplied through mo~re than one meter to consumer at the same premises, consumer may, upon written notice to the waterworks department, per- manently discontinue the service through one of ~the meters and thereafter be billed on the basis of the remaining services and meters. Upon receipt of written notice of such permanent discontinuance, the waterworks department will remove the meter and service. SECTION 17: APPLICATION FOR WATER WHEN MOVING INTO PREMISES; NOTICE OF REMOVAL. In case any person shall move into any premises, he shall file an application for water service in accordance with the provisions of this chapter before using any water from the service connections for such premises. In case any consumer shall change his place of residence or business, he shall, within twenty-four (24) hours after such change, give notice thereof to the Utility Department of the City. SECTION 18: OWNERS OF PROPERTY TOGIVE NOTICE OF VACANCY. It shall be the duty of the owners or agents of property to which water is furnished by the waterworks de- partment to cooperate with the waterworks department by promptly giving notice when such property becomes vacant, and if such notice is not given, the owners or agents of the property shall be liable for all water charges against such property until such notice is given or a new application is filed. SECTION 19: REFUSAL OF SERVICE FOR DELINQUENCY. Service shall not be furnished to any person who is delinquent in the payment of any bill for water or sewerage ser- vice. Service shall not be furnished to anyone at an address where there is an unpaid bill incurred by the owner of the property or incurred on his behalf until such owner or some other person has paid the bill or has made satisfactory arrangements to pay said bill. SECTION 20: UNLAWFUL USE OF WATER. It shall be unlawful for any person to pre- vent by any means the free passage of water thrm~gh any meter belonging to the water- works department or used in connection with the .supply of water to any consumer by the waterworks department, or to prevent or cuase the meter to not register the amount of water pasging through the meter, or to intentionally prevent a meter from duly re- gistering the quantity of water supplied, or in any way interfere with its proper action or registration. SECTION 21: UNLAWFUL USE OF WATER: It shall be unlawful for any person, without the consent in writing of the superintendent of 'the waterworks department, to intena. tionally divert any water from any pipe or pipes of the waterworks department or -S- otherwise use or cause to be used, without the consent of the waterworks department, any water produced or distributed by the waterworks department. SECTION 22: UNLAWFUL USE OF ~TER. It shall be unlawful for any person to retain possession of or to refuse to deliver any meter or other appliance loaned to him by the waterworks department for the purpose of furnishing water through the waterworks department. SECTION 23: USE OF WATER WITHOUT APPLICATION OR PERMIT. It s,hall be unlawful for any person or persons to use water from the waterworks department without an application or permit. SECTION 24: USE OFWATER WIRI4OUT APPLICATION OR PERMIT. It shall be unlawfUl for any person to turn on the City water for use on his premises after the same has been, for any reason, cut off by the waterworks department, without first securing a permit from the waterworks department to turn on the water at such place. SECTION 25: CONTROL OF METERS AND WATERWORKS EQUIPMENT GENERALLY. Ail meters, curb cocks, valves and meter boxes, connected with the waterworks department mains and service pipes, including those furnished at ~he expense of the consumer or pro- perty owners, shall remain under the direct control of the waterworks department. SECTION 26: UNLAWFUL USE OF METER. It shall be unlawful for any person other than those authorized by the waterworks department, to connect, disconnect, move or tamper with any such meter or to turn on or off ~the water at the curb cock, valve or meter, or to open, move or tamper with any meter box, or for anyone to o~en any meter box in any way except with a regulation meter box key. SECTION 27: USING .OR FURNISHING WATER WITHOUT PERMISSION. It shall be unlawful for any person to take or use water from the waterworks department of the City of Plainview, except under the terms and conditions specified in this chapter. SECTION 28: UNLAWFUL USE OF WATER. It shall be unlawful for any owner or occu- pant of property to furnish water to any person occupying other premises for any pur- pose~whatsoever without the written consent of the waterworks department. SECT.ION 29: BY-PASS BETWEEN METER AND ~4AIN.. It shall be unlawful for any .per- son or persons to install or maintain a by-pass or connection between the meter and the main except as may be installed upon written permission from the waterworks de- partment and subsequently inspected and approved by the waterworks department prior to actual use thereof. SECTION $0: OBSTRUCTION OF ACCESS TO SYSTEM GENERALLY. It shall be unlawful for any person ~o place upon or about any fire hydrant, gate valve, manhole curb cock, meter or meter box connected with any water pipe of the waterworks system of the City of Plainview, any object, debris or structure of any kind, so as to prevent f}ee ac- cess to the same at all times. SECTION 31: DESTROYING, DEFACING, ETC., EQUIPMENT~ It shall be unlawful for any person to willfully injure, deface or destroy any reservoir, machinery, pipes, hydrants, meters, meter boxes, lids or other fix~t~res, properties or supplies be- longing to the water works department. SECTION 32: CONNECTING TO OR TURNING ON WATER WITHOUT PERMISSION; INTERFERENCE WITH SYSTEM GENERALLY. It shall be unlawful for any person to make a connection with the waterworks system of the City, or to turn on or use water supplied by the City water system of the City of Plainview, without fJkrst having obtained a permit to do so from the waterworks department. -6- SECTION 33: UNLAWFUL TO INTERFERE WITH WATF. RWORKS PROPERTY. It shall be un- lawful for any person to interfer'e with a~y water meter, service, main, standpipe or any other waterworks property. SECTION 34: REPAIRING METERS; TESTING METER; FEES. Iai Ail water meters furnished by the waterWorks department shall remain at all .times the property of the City, and shall be maintained and repaired, when rendered unserviceable through fair wear and tear, and renewed by the waterworks department. When replacements, repairs er adjustments of any meter are rendered necessary by the act, neglect or carelessness of the owner or occupant of any premises, any expense caused to the waterworks thereby shall be charged against and collected from the owner of the premises, and if not paid, services shall be discontinued. [bi When any consumer of water is of the opinion that the meter through which the water is supplied, is incorrect for any reason, he may make application to the waterworks department to have the meter examined and tested. In the event the meter is found to be correctly metering water for use of the person requesting that it be checked, a fee for the testing of the meter shalll be as follows: For 5/8" meter ..................... $2.00 For 3/4" meter .................... $2.00 For 1" meter .................... $2.50 For 1-1/2" meter .................... $4.00 For 2" m~et er .................... $5.00 The fee for all larger meters, when such a fee is required, shall be based upon the actual cost of the work or a minimum of $5.00, ~ichever amount is greater. Ici In the event the meter, after being checked, is found to be incorrectly metering the water by as much as two per cent (2%), no charge shall be made for testing the meter. Id] In the event that a testing of the meter determines that the meter has been metering two per cent (2%) more water than has actually been passing through the meter, an adjustment shall be made for th~ ~arge made for water for a period of three (3) month.s prior to the testing of the meter. In such instance, another meter will be substituted for the meter not m~tering the correct amount of water flowing through it and, in such event, no extra cha~ge shall be made for the fur- nishing of the new meter nor the testing of the old meter. SECTION 35: USE OF WATER FROM FIRE HYDR~.TS. Fire hydrants are provided for the sole purpose of use to extinguish fires and are to be used and opened only by the waterworks department or fire deparltment, or such person as maybe given written authority by the waterworks department.. SECTION 36: UNLAWFUL USE OF FIRE HYDRANTS. It shall be unlawful for any per- son to conduct or carry away any water from a~y fire hydrant without a written per- mit from the waterworks department. SECTION 37: LIABILITY FOR INTERRUPTED S~RVICE. Ail persons having boilers, air conditioning equipment or other water conguming devices, which may become damaged due to interruption of water service, and which are supplied directly with City water, do so at their own risk. The City shall on account of the water being cut off for of any pipe or fixture by pressure of the et be liable for any damage that may occur any pm~pose, or on account of the breaking water from the City mains. SECTION 38: RESERVE WATER SUPPLY FOR BOILERS. Where City water is used to supply a boiler, the owner should pro, de a tank of sufficient capacity to afford a supply of at least twelve (12) hours, into which tank the service pipe will be discharged. SECTIQN 39: SHUTTING OFF WATER FOR REPAIRS, ETCo The waterworks department may, at any time, order the water cut ~ff from m~y premises connected with the City mains for repairs, extensions or other necessary purposes. SECTION 40: EXPOSING METERS OR FIRE HYDRANTS TO DAMAGE; MOVING ~TERS OR HY- I ' DRANTS. t shall be unlawful to construct driveways or any other structures or construction in such manner as to expose any meter or fire hydrant to damage from traffic. Whenever the property owner requests the moving of any meter or fire hydrant, such cost shall be at the expense of the property owner. In such case the property owner or contractor, shall make application to the waterworks department to have such structure moved. Upon approvaI b% the waterworks department, the property owner or contractorPshall be furnished with an estimate of the cost of such moving. Upon deposit of such estimated sum, by the property owner or contractor, the water- works department shall proceed to make the desired change in location of the struc- ture. SECTION 41: UNLAWFUL CONNECTION TO SERVICE. It shall be unlawful for any per- son to connect to any service until the meter has been installed and approval has been secured from the waterworks department. SECTION 42: INSPECTIONS; RIGHT O] DENTIALS OF EMPLOYEES. Iai No person of the waterworks department, shall haTM department. It shall be the duty of e; department, upon resignation or dismis~ any other manner, to surrender and del~ department at his office all badges am longing to the waterworks department. ACCESS ~P CITY EMPLOYEES; BADGES AND CRE- other thm~ an authorized officer or employee ~e any badge or credential of the waterworks zh officer and employee of the waterworks ;al or temnination of duty or employment by .ver to the superintendent of the waterworks credentials, tools or other property be- [bi Any such officer, inspector, foreman or authorized employee of the water- works department shall, upon presentat%on of his badge or other c~edentials provided for in the next preceding paragraph, have free access at all reasonable hours to any premises supplied with City water for the purpose of making an inspection thereof or for reading meters. Ici In case a~ making such examina~ off from such premi_~ [d] The plumbJ pipes, connections, City water, and in the waterworks depa~ ~such authorized ~mployee shall be hindered or prevented in _on, the waterworks department may cause the water to be turned es without notice to such owner, or occupant of said premises. ng inspector of the City shall make inspections of all service utilities or fixtures instal'led for the purpose of receiving he event same shall not be approved by the plumbing inspector, tment shall refuse or discontinue water service to such premises. SECTION 43: S~RVICE CHARGES FOR ~URNING WATER OFF. There shall be a service charge of $S.00. for turning water.off ~emporarily at the request of the customer', or his agent, except that the superintendent may waive such charges where the neces- sity for turning water off is created by an emergency. If a customer request discontinuance of service at an address where he has had uninterrupted service for a period of time sh shhrt that the only bill for service rendered would be the final bill, such billing will be computed as though service had been furnished for a full billing mm~th. SECTION 44: INSPECTION AND VERIFICATION OF METER READING; ADJUSTMENT OF ACCOUNT. In any case where there appears to be a gross discrepancy in the amount of a water bill, or in the reading of a meter, an inspector will be sent from the Utility Department to verify and inspect the reading of the meter. SECTION 45: LIABILITY FOR WATER DAMAGE. ~e City of Plainview shall not be liable for any dammge-by reason of the breaking of iany pipe or service cock, or the collapse of any water heater or boiler. The City of Plainview shall not be liable for any damage resulting 'from defective plumbing, broken or faulty services or water mains, or any damages resulting from any condition of the water itself or any substance that may be mixed with or be in the water as delivered to the con- sumer .and all water furnished by the City is subject to the terms and conditions of this section. SECTION 46: TURN-ON CHARGE AFTER DISCONTI~]ANCE TO ENFORCE PROVIS%ONS OF THIS ORDINANCE. In any case where it becomes necessary to discontinue service in order to enforce any of the provisions of this Ordinance other than those provisions re- lating to collection of amounts due the waterworks department, a charge of $5.00 will be made and collected before the water is turned on again. This charge shall be in addition to any other charges due. SECTION 47: DISCONNECTION FOR VIOLATION OF RELATIVE PROVISIONS OF ORDINANCE. The City, acting by and through its superintendent of the waterworks department, shall be authorized to disconnect either the water or sanitary sewer service, or both, to the premises of any person found violating any of the terms and provisions of this Ordinance with reference to the installation or use of water or sanitary sewer service, or both. SECTION 48: REPEAL OF ORDINANCES IN CONFLICT HEREWITH. This Ordinance shall repeal every prior Ordinance and provision of the City of Plainview Code in conflict herewith but only insofar as the portion of such prior Ordinance or provisions shall be in conflict, and as to all other 0rdi~ances or provisions of the City of Plainview Code not in direct conflict herewith, this Ordinance shall be and is hereby made cum- ulative. SECTION 49: SEVERABILITY CLAUSE If any part or parts of this Ordinance shall be held to be invalid, such invalidit' 1 not affect the validity of the remaining parts of this Ordinance. The City hereby dec~ares that it would have passed the remaining parts of this Ordinance if'~it~had known such part or parts thereof would be declared invalid. SECTION 50: EFFECTIVE DATE OF The rates prescribed in this Ordinance shall be placed in effect with the 0c~ober, 1976, billing, after the date of its passage and publication as required b~ lak, and it is So ordained. PASSED AND APPROVED this the 24~h flay of August , A.D., 19 76. ~'. ~0't~ER'~( ~AYLAND, ~5'or- ._~ -9-