O-909-3-89ORDINANCE NO. 909-3-89
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, REPEALING
ORDINANCE NO. 854-5-88 AND ALL PREVIOUS ORDINANCES IN
CONFLICT; PROVIDING FOR THE RATES TO BE CHARGED FOR
WATER AND SEWER SERVICE; PROVIDING FOR COLLECTION OF
SUCH RATES; PROVIDING FOR THE DISCONNECTION OF SERVICE;
PROVIDING FOR WATER AND SEWER TAP RATES; PROVIDING FOR
PENALTY OF VIOLATION OF THIS ORDINANCE; PROVIDING FOR A
DEPOSIT FEE, AND INTEREST THEREON; PROVIDING FOR
TEMPORARY WATER AND SEWER CONNECTION FEE; PROVIDING
FOR A METER SETTING CHARGE; AND PROVIDING FOR A PENALTY
CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, a water and sewer rate study has been commissioned by and
presented to the Allen City Council which indicates that net revenues to the water and
sewer fund under the present rate structures will not be sufficient to produce the
revenues needed to finance proposed and necessary improvements to the water and
sewer system, support outstanding and authorized bond indebtedness, and to finance the
increasing costs of operating the water system; and,
WHEREAS, the Allen City Council desires to comply with the applicable
provisions of the laws, rules and regulations of state and federal agencies pertaining to
the establishment of rate schedules and to be in compliance with the City's bond
ordinances; and,
WHEREAS, after careful study and due consideration of the financial plan and
customer consumption profiles, the City Council of the City of Allen, Texas, has
determined that the public welfare would be best served by amending the present water
and sewer rate structure to insure that the utility system will be self-supporting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION I. WATER SERVICE CHARGES. There shall be charged and
collected each month by the City from the consumers of water service the amount of
money hereinafter set out, based upon the following rates:
Ordinance No, q0q--1-pq - Page 1
A. The minimum monthly charges shall be based on the meter size and
shall be billed at the following rates which include the cost of
1,500 gallons of water:
For a 3/4" standard meter, service shall be..
$
7.75
For a 1"
meter, service shall be .................
$
11.33
For a 1-1/2"
meter, service shall be ...........
$
22.99
For a 2"
meter, service shall be ..................
$
36.77
For a 3"
meter, service shall be ..................
$
68.91
For a 4"
meter, service shall be ..................
$
107.27
For a 6"
meter, service shall be ..................
$
229.92
B. For larger consumption, the rate shall be billed as follows: $2.36
per thousand gallons for each thousand gallons of water or fraction
thereof used above that included in the minimum bill (1,500
gallons).
SECTION H. SANITARY SEWER CHARGES. There shall be charged and
collected each month by the City for sanitary sewer service the amounts of money
hereinafter set out based on the following rates:
A. The minimum monthly sewer charge for any user shall be $10.14
which shall be charged any user whose water consumption for the
month does not exceed 1,500 gallons.
B. For larger consumption, the monthly sewer rate shall be as follows:
The next 8,500 gallons of water, $0.54 per thousand gallons for all
separately metered single-family dwelling units and other dwelling
units separately metered for water. The maximum charge for
single-family residential sewer service shall be $14.73 per month.
C. All over 10,000 gallons of water, $0.54 per thousand gallons for
other than residential use, including mobile home parks, apartment
complexes, commercial and industrial customers.
D. All mobile home parks, apartment complexes, commercial and
industrial sewer customers shall be billed monthly on their total
volume of water consumption. Water used in a direct
manufacturing process or for irrigation purposes can only be
Ordinance No. Page 2
exempted from sewer charges upon request of and approval by the
City in writing.
SECTION III. LATE PENALTY AND SERVICE DISCONNECTION. That such
rates and charges hereby shall be mailed by the City of Allen and shall be due and
payable by the customers of the Waterworks and Sanitary Sewer System on the
fifteenth (15th) day after the billing date.
A. Should the amount due on the 15th day not be paid in full, a ten
percent (10%) penalty shall be added to the amount past due and
unpaid.
B. The City will issue a past due notice if payment has not been made
by the due date which will also serve as a notice of possible service
termination. The customer is subject to service discontinuation on
the eighth (8th) day after the bill comes due. The City is not
required to send additional notices other than the past due notice
in order to be authorized to discontinue service.
SECTION IV. RECONNECT FEE. Should service be discontinued to any user
or customer herein and the amount past due and delinquent be paid thereafter, such
service may be resumed, but there shall be charged and collected a fee for.reconnection
to the Waterworks System. The following fee schedule shall apply for reconnection
services:
Duringnormal working hours ................................................. $ 10.00
After normal working hours, weekends and holidays ................. $ 20.00
SECTION V. BILLINGS AND ADJUSTMENTS. The Waterworks System shall
be operated on a fully metered basis, to be in accordance with contractual agreements
and bond indentures.
A. No free service shall be allowed, and to the extent the City or any
of its agencies or instrumentalities avail themselves of the services
and facilities provided by the Waterworks and Sanitary Sewer
System, they shall pay for them.
B. The City shall simultaneously collect the respective amounts due
the City for services supplied by the Waterworks and Sanitary
Ordinance No. g 0 q_ 3_ g q - Page 3
Sewer System, and shall refuse to accept partial payment for part
of such services, except in rare and unusual circumstances as
determined by the City Manager or his designated representative.
C. The City Manager or his designated representative has the
authority to make adjustments to individual customer bills or to
make payment arrangements when rare or unusual circumstances
justify such actions. These situations will be handled on a special
case basis and the City Manager's, or his designated
representative's, decision will be final.
D. The City shall remove a meter for testing at the request of a
customer if the meter is believed to be registering water
consumption in error. There shall be a charge of $20.00 for each
test. The fee shall be waived if the meter is found to be
over -registering. If the meter is determined to be
under -registering or if the meter is replaced by the City for
whatever reason, the testing fee shall still apply. The customer
shall receive a copy of the meter testing report upon receipt.
E. The customer shall be responsible for any water lost through
leakage on the customer's side of the meter regardless of reason
for such loss.
F. The City shall read meters on a regular monthly cycle
approximating an average usage of 30 days and bill the customer
based upon actual usage from the readings. However, the City may
use any estimation procedure required to approximate the actual
usage when the City cannot read the meters due to adverse
weather or an inability to read the meter because of brush or
vehicles covering the meter or for any other reason which prohibits
the meter readers from seeing the meter. The City is also
authorized to have meter reading periods vary from the 30 day
average length when computer billing problems occur or at such
time that the reading and billing cycles need to be adjusted to
better distribute the utility billing workload.
Ordinance No. 909-3-89 - Page 4
G. A fee of $10.00 shall apply to any returned check given to the City
in payment of services.
SECTION VI. DEPOSITS AND INTEREST. Before any customer, except as
provided below, may obtain services from the Waterworks and Sanitary Sewer System,
said customer must have a deposit on hand with the City of Allen.
A. The deposit for all residential, commercial and industrial
customers shall be $50.00.
B. The following customers shall be exempt from a deposit: school
districts, county government offices, state and federal
governmental agencies. This exemption will also apply to
customers desiring temporary service under Section VII.
C. The City shall pay interest on customer deposits at a rate similar
to the money market checking account rates earned by the City
from the depository bank. The rate shall be five and twenty-five
one hundredths percent (5.25%) per annum beginning January 1,
1985. Interest shall be computed monthly by multiplying
one -twelfth (1/12) of the interest rate in effect by an amount
equal to the deposit on hand plus any accrued interest earned from
previous months. The rate may be adjusted up or down at any time
by filing a notice of rate change at a regular City Council meeting.
However, the City is not obligated to make changes to the rate
paid except on an annual basis, effective on January 1 of each
succeeding yar.
D. Said deposit and accrued interest computed through the last
monthly computation will be paid to the customer when final
service is rendered, providing that the final bill has been paid or
that there is a deposit balance remaining after the deposit has been
applied toward the final bill. No interest will be computed for the
period of time between the last calculation and the date of the
final bill.
SECTION VII. TEMPORARY SERVICE. There will be a temporary connection
fee of $20.00 for persons requiring service for seven (7) days or less. The temporary
Ordinance No. 909-3-89 - Page 5
connection service may be renewed in seven (7) day increments to a maximum of
twenty-eight (28) consecutive days. Water used in excess of 1,500 gallons will be billed
according to the schedules set out in Sections I and II of this Ordinance.
SECTION VIII. TAP FEE AND METER SETTING CHARGES. The tapping fee
and meter setting charge applicable to users of the City's Waterworks and Sanitary
Sewer System shall be as follows:
A. Water:
3/4 inch................................................................ $ 310.00
1 inch................................................................... $ 500.00
1-1/2 inch............................................................. $ 700.00
2 inch................................................................... $ 1,0
35.00
4 inch................................................................... $ 3,900.00
6 inch................................................................... $ 5,600.00
B. Sewer:
4 inch................................................................... $ 260.00
6 inch................................................................... $ 300.00
C. Tap fees must be paid prior to the beginning of any work. Any
additional work required beyond the normal tap work (such as
boring and street cutting) shall be computed by the City and paid
by the owner or developer.
D. There shall be a one-time meter setting charge to be charged and
collected upon the issuance of a building permit.
3/4" meter............................................................ $ 80.00
Larger than 3/4" meter .......................................... At Cost
SECTION IX. FIRE HYDRANT METERS. Any party requesting the use of a
temporary meter on a fire hydrant in the City of Allen must first receive permission
from the office of the Director of Public Works and must agree to the following
conditions:
A. A deposit with the City of Allen of $500.00 for a stationary meter
will be made. Such deposit will be returned upon payment of all
charges for water used and upon return of the meter, fittings and
wrench in their original condition. No interest will be computed on
the amount of the deposit to be paid to the customer.
Ordinance No. 909-3-89 - Page 6
B. Stationary meters shall be locked to fire hydrants at all times. An
initial installation and set-up fee of $20.00 will be charged, and a
service fee of $15.00 will be charged each time the meter is moved
to a different location at the customer's request.
C. It shall be unlawful for any person to open or close any fire hydrant
used to obtain water for any purpose with any tool or device other
than a standard fire hydrant wrench.
D. All stationary fire hydrant meters shall be read monthly at their
location in the field. All water used shall be billed at the rate then
in effect. Failure to make the meter available to be read each
month shall result in a penalty of $50.00 for each occurrence.
SECTION X. TAMPERING AND DESTRUCTION. No customer shall have the
right to tamper or alter any component of the Waterworks and Sanitary Sewer System
including valves, meters, meter boxes and lids, hydrants, lines, pump stations, ground
storage tanks and elevated storage tanks. This shall include the direct or indirect
efforts to restore water service without the assistance or approval of the City or any
effort to circumvent the intent of the City to not provide service for non-payment of
charges.
SECTION XI. PENALTY FOR VIOLATION OF THIS ORDINANCE. Any
person, firm or corporation who violates any provision of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction therefor shall be fined any sum not to
exceed Two Hundred Dollars ($200.00) and each and every day that such violation
continues shall be construed to be a separate offense; provided, however, that nothing
contained herein shall preclude the municipality of bringing suit for injunction for the
prevention of any threatened violation or the removal of any structure in violation of
this ordinance.
SECTION XII. EFFECTIVE DATE AND CONFLICTS.
A. This ordinance and the rates and charges described shall be in
effect from the March 1, 1989 billing.
B. As of the effective date of this ordinance, any and all ordinances
and any orders in conflict are repealed to the extent of the
conflict.
Ordinance No. 909-3-89 - Page 7
C. If any paragraph, section, clause, phrase or provision of this
ordinance shall be adjudged invalid or held unconstitutional, the
same shall not affect the validity of this ordinance as a whole or
any part or provision thereof, other than the part so decided to be
invalid or unconstitutional.
DULY PASSED AND APPROVED by the Allen City Council on this 2nd day
of March , 1989.
APPROVED AS TO FORM:
S
A. Don , ity Attorney
APPROVED:
JA Farmer, Mayor
ATTEST:
J�
Marty Hendrix, CWC, City Secretary
Ordinance No. 909-3-89 - Page 8
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
ORDINANCE #9n9 -3_A9
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
March 8, 1989 and March 12, 1989
and which was issued on March 8, 19 8 9 , by City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND S)UQR-Nl in
.
Publishes 36 00 ;'';`F s fee S
CITY OFALLFa
�+ + i PUBLIC NOTICE
INotice,is heFeby given that the Allen Cityouncil adopted the following'ordinance at
(their regular; meeting Field ori Thursday,
March 2, 1989 (Title and Penalty Clause
,only): M
Ordinance No. 909-3-89: An Ordinance of
the City of Allen%Tezas, Repealing.O"di
,nance No. 854-5-88 acid al[hPrevioUs Ord:_
nances in Conflict; Providing for the Rates
Ito be Chargbd for Water and Sewer Ser-'
vice',,P,ioviding for Collection of Such
kRates; Providing for the Disconnection of
Service;aProviding for �Water'and• Sewer
Tap Ra'tes;,'Providirig for, Penalty of Vidla
fttion•of this Ordinance; Providing ofr a de
6'11positIFee, and Intdeest Thereon; Providing
fogfemporary':Watbr,and Sewer Connec
tion Fee;;Providing-for a Meter Setting
Charge; and' Providing for A' Penalty
Clause,"a Severability Clause, and,an�.Ef-
fective•Date.'4
Agy,person,,film,or_corporation who,vio-
lates`any provision of thisArdinariceishall
bb'deemed d6ilfy�or'a misdemearibr2arid
upon conviction therefore, shall be fined
ang, sum not to'exceed Two Hundred Dol-
lars ($200.00) and eacfi'a`hd every day that
such violation coritinues shall be coh"W eii'
to be a'seperate bffense;'provided how -.1
ever;=that n6thing c6htalnted Herein shall
preclude the hiunicipality'of,bringing suit.1
for injuction for the prevention' of any
threatened violation or the removal of anifi
structure in violation of this ordinance.
Copy of this ordinance may be read, d
purchased in the office of the City Secret
ary, City of Allen; One Butler Circle? Allen;
Texas 75002 r,��t".,�� 10,
Marty Hendrix, CMC, �•�'
City Secretary
3/8,3/12
,?JT
i
V[00ir__Jz1�Lj
Y.A. TODD
MY COMMISSION EXPIRES —
D"Oftw 5,1092 N
Public in and for Collin County, Texas
k -rff GITY OF ALLEN�A_"_f- -
a I ' 2, PYB IC NOTICE'• 1 .l'
Notice, is,hereby_given,that the Allen_City)
ICouncil adopted the following ordinance at,
their regular meetirig-,K6Id0on Thursday,'
MSF-CH 2"1989'(Title'and'PeTialty ClaI]seI
onff.k Lam; . -,, �_E�.nwU ' h14U yJcj
Ordinance hb- 909=3-89�An Oidinance 6f
Qhe City,of Allen, Texas; Rej elali6jLOrdiij
nance No. 854-5-88,and all io
Prevus Ordil
nances in Conflict;,Oro*ing for the Rates,
,to be Chargedafor-Water and Sewer Ser -1
l vice; Providing-fort'Collectioritof Such
Rates;-Pioviding''for"the, Dis`connection',of'
' Ser4ice; Providin`g'for•Water'-'and-Sewer
'_Tap Rates; Providing for P66alfyofVi6la-
tion of this,Ordinrance;.Providirig r6fr a de?
.po'sit Fee, arid Inteiest TFiereon; Providing'
for Temporary' Wdter a'dd'Sewe�_ Corinec
tion Fee; -Providing for.°a_Meter'S'etting',
•Charge; and tProviding;,fort-aj Pe It
Clause, a,Severability-Clause, and ar. It
I fective Date. I ":.,I iA of i+s.tnNI Ihh .b i
Any person,f firm or•corporation who,vio-
•lates-any provision of this ordinance shall"
F be`d'drred`guilty'-o`r a.misdemea'nb?and;
X upon•'convictibhtthdr6fo?elgtiall'ibe' firied�
any s' no
umt to exceed Two Hundred Dol-
lars ($200.00) Afid16a7ch*Alid e'4bry day thati
'such violation continues shall be co`n§tnied:
Zo be.,a, seperate offense; provided ;how;
�'ever,'th'at nothing'cohtaihted he�ein�shbl'F
pr( muriicipality'bf bringing"suit
'fo?:i6 "ctiori for Oe"'prevention oY`any`;
'threatened violation'br.the'removal of any;
I'structure'in violatiori'of this ordi6anceG�'�
Copy -of, this_ordinance-may;;be read±or
purchased in the office of the Ciiy;Secret
i "ary; City.pf_AIIen,.Qne:Butlerigircle,-Allen;
'Texasj75002.-,. , nrnt I_t w: - t:c:.) .rout t I
Marty Hendrix, CMC,
-CitySecretary — -
�_3/8, 3/12 -tit L,,Y