Loading...
HomeMy WebLinkAbout80-2411 ordORDINANCE NO. 80-2411 AN ORDINANCE SETTING THE WATER RATES; THE RATES TO BE CHARGED FOR THE SEWER SERVICE AND THE SEWER DISPOSAL SERVICE; THE RATES TO BE CHARGED FOR THE COLLECTION OF GARBAGE AND FURNISHING VECTOR CONTROL SERVICES, PROVIDING THE MANNER OF COLLECTION OF THE SAID CHARGE, CLASSIFYING ONE-FAMILY RESIDENCES AND APARTMENT HOUSES WITH TWO OR MORE FAMILY APARTMENTS, AND CLASSIFYING COMMERCIAL ESTABLISHMENTS IN THE CITY OF PLAINVIEW, TEXAS: PROVIDING FOR AN ANNUAL RATE; PROVIDING FOR A UNIFORM MONTHLY SERVICE CHARGE; DECLARING AN EMERGENCY; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION I: The City of Plainview shall charge and collect, and every consumer of water shall pay, for water furnished by the City to the consumer, the amounts calculated by application of the rates to meter readings as provided in this Ordinance. A. The following are established as the monthly rates to be charged for water furnished by the City of Plainview for all consumers: The City shall make a minimum monthly' charge of $6.00 for each consumer using City water. For the minimum charge, the City shall furnish to the consumer up to 3,000 gallons of water per month. For all water used over and above S,000 gallons per month, by the consumer, the City shall charge $.55 per 1,000 gallons. B. The charges provided for by this section shall be payable monthly in accordance with Section 14 of Ordinance No. 76-1979~ as amended by ordinance No. 80z2412 .... SECTION 2: The City of Plainview shall have an annual rate which may be accepted and used by each cons~er of water furnished by the City, and shall include sanitation service, sewer service, and vector control service~ which shall be as follows: Each consumer of water electing to take annual rates shall pay to the City of Plainview in advance the sum of $288.20 per year. Each consumer electing to take annual rates and making the payment in advance, shall be allowed to use, at no extra cost to him other than the payment of $288.20 the amount of 200,000 gallons of water per year. If the said user of annual rates uses in. excess of 200,000 gallons of water per year, he shall ~ay $.55 for each 1,000 gallons of water furnished him in excess of 200,000 gallons. The amount of water used under this rate shall be computed from the meter reading applicable to the month in which the said $288.20_ is paid to th~ City, beginning October 1,~ to the meter reading applicable to the same month of the suc- ceeding year. The charge for the annual rate as herein provided includes the sanitation charges, sewer charges and vector control charges and the payment of the $288.20 shall entitle the consumer so paying same and electing to take the 2~n~at rates to said seYvices for the term for which said $288.20 is paid. To qualify as an annual rate customerI a person must pay to the City of Plainview the entire municipal service billing on an annual basis. The rates established in this Ordinance are subject to change at the discretion of the City Council and these rates are not considered to be contractual, but will only be prorated to common rate change date should there be a rate change. The annual water rate shall not be assignable.- In the event that an ann~al rate customer cancels and terminates all water and ~ervices included in said annual rate before the period for which the same has been prepaid has expired, refund will be made calculated on the basis of the charge that would ha~e been charged for said water and services on the monthly level billing plan from date the annual term began to da~e cancelled. Except however, no refund will be made in ex~ess of the difference in the total water, sewer and sanitation billing to date of cancellation and the annual ra~e paid, and no refund will be made from the annual payment or the deposit if there is any delinquent amount owed to the City of Plainview for utility service. The annual customer may establ~ish his fiscal year (annual billing date) by making an annual payment in full, on any given billing date or upon any initial request for service. On the expiration of one full year should there be an unused balance of the initial prepaid 200,000 gallons, the unused portion shall be voided and the customer shall begin with a zero balance. Any consumption in excess of the 200,000 gallons shall become due with the regularly monthly billing for the month the excess occurs and should the annual customer become delinquent, the discontinuance of service and service charges shall apply the same as for all ,other customers. D. 'The annual customer must comply with the same requirements, rules, and regulations for services that apply to all other customers. Any commercial firm, duplex, or apartment house applying for the annual rate shall be required to pay the additional sewer service charge and the established sanitation charge as provided in the current rate Ordinance, to be eligible for the annual water rate. SECTION ~: In lieu of the monthly charges paid for service and sewer disposal service, collection of garbage and for the consumption of water as fixed by Ordinance, the City shall offer to those residents of the City of Plainview using all three services on single family dwellings the same service for a monthly charge of$~.O~< payable on or before the 20th day after the monthly statement is mailed by the City of Plainview for such amount. A. Provided, however, that notwithstanding the provisions of Section 1, after such customer so electing to pay said $24.02 per month for said services has used the amount of 200,000 gallons of water in any one twelve (12) month period of time beginning as of the first meter reading after he has elected to accept such level billing monthly rate for such service, the said consumer shall pay and shall be charged for any and all water over and above 200,000 gallons, per twelve (12) month period as aforesaid, the amount of Fifty-five Cents (00.55) per 1,000 gallons actually used or consumed and the additional amount so calculated shall be added to his statement and for which he shall be billed and for which he shall pay at such rate beginning the month following the use of water in excess of 200,000 gallons during said twelve (12) month period. B. Refunds for termination of service shall be prorated on a monthly basis of unused services based on the method of es- tablishing the annual level billing cost. SECTIDN ~: The charges for water based on the rates as set out in Sections ~, 2 and ~ above shall be determined by the amount of water used as measured by meters. SECTION ~.: For the furnishing of sewer service and sewer connections by the City of Plainview, the said services shall be charged for by the City of Plainview in accordance with the rates hereinafter established and set out; and the following are established as the monthly rates to be charged: A. Residential rates: 1. Single Family Dwellings, $5.50 (Minimum); 2. Duplexes, Apartment Houses and Rooming Houses, First Dwelling Unit,~$5.50 (Minimum); Each Additional Dwelling Unit, $2.25. For all other commercial establishments, including hotels, motels, and all other establishments, with the exception of residential dwellings, the rates to be charged for such sewer services shall be as follows: The rates to be charged for such sewer service for commercial establishments shall be based upon the water used per month by said establishment. The monthly rate for each such establishment using 3,000 ga'llons of water or less per month shall be $5.50 per month. An additional charge shall be made for sewer service to each said establishment of $ .15 for each 1,000 gallons of water used by said establishment over and above the first 3,000 gallons of water used by said establishment. The monthly charge for the use of sewer for such commercial establishment shall be calculated on the basis of the water meter readings for the month for which the said charge is made. Should there be an establishment, business or commercial, not using City water, or using City water for only a portion of its total water use, then the sewer rates for each such establishment in excess of the minimum rate of $5.50 per month shall be based upon the estimated gallons of water used by said establishment, the same to be arrived at on a basis that is reasonable and fair to said business or commercial establishment and to the City. SECTION 6: The collection and removal of garbage and trash from houses, buildings and premises used for residential purposes shall be classified as Class 1. A: Under Class 1, collections of garbage & trash shall be made each week, provided that such collections are not prevented by weather conditions, or by the conditions of alleys and streets due to rain or weather conditions, and further provided that such collection not prevented L~ conditions beyond the control of the City Council or the Mayor of the 'City of Plainview. 1. Residential houses are further hereby classified as follows: a) Class 1-A One-family residences. b) Class 1-B Apartment houses with two or more dwelling units. B. The garbage collection provided for in this Section shall be made by the City of Plainview, and monthly charges for this residential service shall be made as follows: 1. For garbage collection for Class 1-A residences, there shall be made a charge of ~5.0o per month. 2. For garbage collection for Class 1-B residences, there shall be made a charge of $5.00 per month for each apartment. C. The collection and removal of garbage and trash from houses, buildings and premises, used for commercial and business purposes shall be classified as Class II. 1. Monthly charges for this commercial and business service for the collection of garbage and trash, shall be and are ~e~_~b~i~ed as follows: a) Minimum charge for shared container $10.00 b) Requested individual 4 cubic yard container $19.00 c) Requested individual 8 cubic yard container $S1.00 D. These charges shall be made monthly, and the charges and fees for the collection of garbage shall be added to and placed upon the water bill for each residence and apartment. The person who is responsible for the payment of the water bill shall also be responsible for the payment of the garba§e collection fee. E. If the garbage fee is not paid within 'thirty days after it becomes due, then the City of Plainview shall refuse to furnish any water to t~e- residences apartments, or establishments for which such ~arbage collection fee has not been paid. SECTION ~: The vector control charge shall be included in the monthly garbage collection charge. Vector control involves the aerial and ground spraying of mosquitos. SECTION 8: The charges for the sewer services, garbage collection and vector control shall be made monthly and shall be added to and placed upon the water bill for each residence, apartment house and commercial establishment for whom there is a water and sewer connection with the City's water and sewer services. The person who is responsible for the payment of the water bill shall also be responsible for the payment of the charges for sewer service. SECTION 9~: This Ordinance shall be ill force from and after its passage and the Water, Sewer, Garbage Collection and Vector Control rates herein established shall take effect and be charged in the computation for water consumed or used on October 1, 1980 and tl~ereafter. SECTION ]9: Ordinance No. 76-1960, 76-1977, 77-2102, 77-2104 and 79-2355 City of Plainview and all other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION l]: Nothing herein shall be construed as repealing Ordinance No. 76-1979 as amended or any part thereof. SECTION 3£: The fact that there is a public necessity to provide adequate water and sewer service and sewer disposal service to the citizens of the City of Plainview and to provide for sufficient funds to furnish said services creates an emergency and an imperative public necessity for immediate preservation of the public peace, health, safety and general welfare and be- cause of the necessity to publish notice of this Ordinance prior to its effective date, any and all rules requiring more than one reading are hereby suspended; and this ordinance shall be passed and take effect as an emergency measure and be in full force and effect from and after the 1st day of October , 1980 and it is so ordained. PASSED this the 23rd day of September ,1980 by unanimous vote of the City Council. APPROVED this the 23rd~ day of September, 1980. ATTEST: WALTER S. DODSON, City Clerk