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HomeMy WebLinkAboutOrd 10-3537AMENDMENT SEWER RATES ORDINANCE NO. 10 -3537 AN ORDINANCE OF THE CITY OF PLAINVIEW, AMENDING SECTION 25 -42, ENTITLED "MONTHLY SEWER RATES" OF THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; 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 25 -42 shall be amended to read as follows: Sec. 25 -42. Monthly 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: (a) Residential rates: (1) Single Family Dwellings, nine dollars and fifteen cents ($9.15) ten dollars and fifty -five cents ($10.55) minimum plus one dollar and fifty- three cents ($1.53) per one thousand gallons. (2) 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. (3) Duplexes, Apartment Houses, Roomer Houses, and Multiple Mobile Homes e ten dollars and fifty -five cents ($10.55) minimum each month for 1st dweller unit, and eight nine dollars and sixty -two cents ($9.62) per unit for each additional unit plus one dollar and fifty- three cents ($1.53) 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, Roomer Houses, and Multiple Mobile Homes. The monthly charge for the use of sewer shall be calculated on the basis of the water meter Ordinance No.10 -3537 Sewer Rates- Effective 1 -1 -2011 Page 1 of 4 447 448 reading for the month for which the charge is made. (b) 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 ten dollars and fifty -five cents ($10.55) and for each one thousand gallons metered an additional charge of one dollar and fifty -three cents ($1.53) 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. (c) 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 nine ten dollars and fifty -five cents ($10.55) 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. (d) 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. (e) 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 nine dollars and fiftccn ccnts ($9.15) ten dollars and fifty -five cents ($10.55) per month, two dollars and fifty- eight cents ($2.58) per thousand gallons of sewage discharged to the City sewer system, plus additional charges based on quality as addressed in the City Industrial Waste Ordinance. (f) The net amount due may be paid on or before the past due date printed on the bill. All payments must be in the possession of the utility accounting department by the 5:00 p.m. close of business on the past due date to prevent a penalty charge being assessed. (g) Penalty on delinquent bills. A one -time penalty of ten percent (10 of the total utility bill shall be assessed on all bills not paid on or before the past due date printed on the bill. All payments must be in the possession of the utility accounting department by the 5:00 p.m. close of business on the past due date to prevent a penalty charge being assessed. The gross due, which includes penalty, shall be the amount due after 5:00 p.m. on the past due date. (h) State Prison Rates. The rates to be charged for sewer service to the prison facility shall be as follows: Forty -four cents ($.44) per one thousand (1000) Ordinance No.10 -3537 Sewer Rates Effective 1 -1 -2011 Page 2 of 4 450 SECTION II If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions thereof. SECTION III SECTION IV SECTION V 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. 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. 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. This ordinance shall be effective with the first billing in January, 2011 upon its passage and publication as required by law. PASSED AND APPROVED on first reading the 4 day of November, 2010. PASSED AND APPROVED on second reading the 9 •ay of November, 2010. ATTEST: Belinda Hinojosa, City Secr Ordinance No.10 -3537 C. Anderson Mayor Sewer Rates Effective 1 -1 -2011 Page 3 of 4 APPROVED AS TO CONTENT: Sarianne Beversdorf, Directo of Finance APPROVED AS TO FORM: Leslie Spear Pear e, City Attorney Ordinance No.10 -3537 Sewer Rates Effective 1 -1 -2011 Page 4 of 4 451