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HomeMy WebLinkAboutO-2644-8-07ORDINANCE NO. 2644-8-07 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 14, "UTILITIES," ARTICLE I, SEC. 14-1 (c) TO ELIMINATE PAYMENT OF INTEREST ON UTILITY DEPOSITS, AMENDING SEC. 14-3 TO ESTABLISH TAP FEE AND METER SETTING CHARGES TO BE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL; AMENDING SEC. 14-4 (4) TO ESTABLISH THE METER REMOVAL FEE TO BE ESTABLISHED BY THE CITY COUNCIL; SEC. 14-5 (5) TO DEFINE IRRIGATION ONLY ACCOUNTS; SEC. 14-8 (b) TO ESTABLISH A RECONNECTION FEE TO BE ESTABLISHED BY THE CITY COUNCIL; SEC. 14-9 (a) (1)-(2) AND SEC. 14-9 (c) TO ESTABLISH THAT DEPOSIT AMOUNTS AND INSTALLATION AND SET UP FEES TO BE ESTABLISHED BY THE CITY COUNCIL; AMENDING SEC. 14-12 TO PROVIDE THAT THE CAPITAL IMPROVEMENT FEES TO BE ESTABLISHED BY THE CITY COUNCIL; AMENDING SEC. 14-13 TO PROVIDE THAT THE PUBLIC WORKS DEPARTMENT FEES AND CHARGES TO BE ESTABLISHED BY THE CITY COUNCIL; AND AMENDING SEC. 14-17 (b) TO CLARIFY THE TRANSFER OF METER FROM DEVELOPER/BUILDER TO PROPERTY OWNERS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO ' EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds that it is in the best interest, health, safety and welfare of the city to amend Chapter 14 of the Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Chapter 14, Article h of the Code of Ordinances of the City of Allen, Collin County, Texas, be, and the same is hereby amended in part to read as follows: "Chapter 14 UTILITIES ARTICLE I. IN GENERAL Sec. 14-1. Deposits and interest. (c) The city shall for utility deposits provided prior to August 14, 2007, 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 two and twenty-five one -hundredths (2.25) percent 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 anytime 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 year. The city shall not pay interest on customer deposits provided on or after August 14, 2007. 1 ... Sec. 14-2. Temporary service. There will be a temporary connection fee established by resolution of the City Council for persons requiring service for seven (7) days or less. The temporary connection service may be renewed in seven-day increments to a maximum of twenty-eight (28) consecutive days. Water used in excess of one thousand five hundred (1,500) gallons will be billed according to the schedules set out in Sections 14-5 and 14-6 of this article. Sec. 14-3. 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 established by resolution of the City Council. Sec. 14-4. Billings and adjustments. (4) 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 to be established by resolution of the City Council for each test. The fee shall be waived if the meter is found to ' the 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. Sec. 14-5. Water service charges. (5) [Irrigation only accounts] Commercial and municipal customers are required to separate meter water connections that service landscape and grounds maintenance as irrigation only accounts. Irrigation only accounts will not be established at properties located in areas zoned for single family residential. Sec. 14-8. Reemmection fee. (b) If service is disconnected for non-payment of fees more than one (1) time in any calendar year, each subsequent time thereafter in the same calendar year that service is discontinued, the customer shall pay an additional deposit, established by resolution of the City Council, at the time service is restored. Such deposits shall be applied to a customer's final bill. ' Sec. 14-9. Fire hydrant meters. (a) Any party may use a temporary meter on a fire hydrant with the written consent of the director of community services subject to the following conditions: Ordinance No. 26448-07, Page 2 (1) A refundable deposit established by resolution of City Council for a stationary meter shall be ' requested. The deposit shall be returned upon payment of all charges for water used, and return of the meter and fittings in the original condition. No interest on the deposit to be paid to the customer. (2) An initial installation and set-up fee established by resolution of City Council shall be charged. The user shall be responsible for the attachment of a reduced pressure backflow prevention assembly (RPZ) prior to use. The RPZ must be removed prior to the return of the meter to the city. The user may remove the fire hydrant meter for theft prevention. If the meter is installed at another location, meter services shall be notified. Damage or tampering with the fire hydrant meter which interferes with the recording of consumption, shall be reported to meter services. (b) 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. (c) All stationary fire hydrant meters shall be read monthly at their location in the field. All users will call in the readings on or about the 1 st of each month. The city reserves the right to inspect and verify all readings. All water shall be billed at the rate then in effect. Failure to make the meter available to be read each month shall result in an administrative penalty established by resolution of City Council for each occurrence. Using the meter without the prescribed RPZ device or repeated failure to present the meter for reading may result in the termination of the right to use the fire hydrant meter. ' Sec. 14-12. Capital improvement fees. (a) A capital improvement fee must be paid to the city water and sewer system fund before extension from or connection to the Allen utility system in an amount established by resolution of City Council. Sec. 14-13. Public works department; fees. Public works department services are subject to fees and charges as established by resolution of City Council. Sec. 14-17. Transfer of meter from developer/builder to property. (a) The city shall only accept the transfer of a meter from the developer/builder if the meter is correctly installed and accessible to city personnel. Should the meter not be accessible or properly installed, the developer/builder shall pay a fifteen dollar ($15.00) administrative fee prior to the transfer. (b) The developer/builder shall have fifteen (15) days to correct faulty installation from the date notice is provided by the city that a meter has a faulty installation. If corrections/repairs are not made within the fifteen (15) day period, the city shall disconnect water service until corrections are made. A ' reconnection fee shall be charged and paid by the developer/builder when service is restored. If the home or property is sold during this fifteen (15) day time period, the city will establish utility service for the individual(s) taking ownership of the property. However, the city will then not set any new meters at any locations for the builder/developer until the required corrections are made once the fifteen (15) day period has expired. Ordinance No. 2644-8-07, Page 3 ' SECTION 3. All Ordinances of the City of Allen, Collin County, Texas, in conflict with the previsions of this Ordinance be, and the same are hereby, repealed; provided, however that all other previsions of said Ordinances not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and the Code of Ordinances of the City of Allen, as previously amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. Any person, flnn or corporation violating any of the provisions or terms of this Ordinance shall upon conviction be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This Ordinance shall take effect immediately from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 14TH DAY OF AUGUST, 2007. ' APPROVED: '"Q.. - Stephenrrerrell, MAYOR APPROVED AS TO FORM: ATTEST: CF-4--dy-r� 5&4�2� Peter G. Smith, CITY ATTORNEY Shelley B. George, TRMC,CFFYSECRETARY Ordinance No. 2644-&07, Page 4