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O-2125-12-02Ll ORDINANCE NO. 2125-12-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 14, "UTILITIES" TO AMEND WATER AND SEWER RATES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABH.ITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND ($2000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is hereby amended by amending Chapter 14, "Utilities," in part to read as follows: "CHAPTER 14 ARTICLE L IN GENERAL Sec. 14-5. Water service charges. The following monthly rates are hereby established and shall be collected for water service furnished by the City based on meter size and water usage: (1) Monthly minimum charge. The following minimum monthly charges are based on the meter size and include the cost of one thousand five hundred (1,500) gallons of water usage: For a 5/8 inch standard meter .....................................................$7.75 For a 3/4 inch standard meter .....................................................$8.58 For a 1 inch standard meter ......................................................$10.24 For a 1 Y. inch standard meter ...................................................$14.39 For a 2 inch standard meter ......................................................$19.37 For a 3 inch standard meter ......................................................$30.99 For a 4 inch standard meter ......................................................$47.59 For a 6 inch standard meter ......................................................$89.09 (2) Volumetric Charge. Water consumption in excess of 1,500 gallons shall he charged at the following rate per 1,000 gallons of water usage or fraction thereof Residential customer: 0 to 1,500 gallons 1,501 to 15,000 gallons 15,001 to 25,000 gallons Over 25,000 gallons Monthly minimum charge $2.16 per 1,000 gallons $2.59 per 1,000 gallons $3.02 per 1,000 gallons Non -Residential customers (Commercial. Industrial. Municipal): 0 to 1,500 gallons Monthly minimum charge Over 1,500 gallons $2.16 per 1,000 gallons Irrigation and Fire Protection 0 to 1,500 gallons Monthly minimum charge Over 1,500 gallons $3.02 per 1,000 gallons (3) Commercial and municipal customers are required to separately meter water connections that service landscape and grounds maintenance as irrigation only accounts. Sec. 14-6. Sanitary sewer charges. The following monthly rates are hereby established and shall be collected for sanitary sewer service furnished by the City: (1) Monthly minimum charge. eleven dollars and fifty-eight cents ($11.58) for any customer whose water consumption for the month does not exceed one thousand five hundred (1,500) gallons. (2) Volumetric charge. (a) 1,500-10,000 gallons: sixty-six cents ($0.66) per thousand gallons for all separately metered single-family dwelling unit and other dwelling units separately metered for water. (b) The maximum charge for single-family residential sewer service shall be seventeen dollars and nineteen cents ($17.19) per month. ' (c) Over 10,000 gallons: sixty-six cents ($0.66) per 10,000 gallons for other than residential customers, including mobile home parks, apartment complexes, commercial and industrial customers. (3) 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 may only be exempted from sewer charges upon request of and approval of the City. (4) Sewer -Only customers. Customers that request sewer -only service (no water service) shall pay the following: the monthly cbarges; the monthly minimum charge, the current North Texas Municipal Water District (NTMWD) Transport and Treatment costs; and a City system maintenance fee of 25% above the NTMWD costs. Customers must be able to provide water consumption metered from another City or separately meter the sewer flows with a devices or instruments approved by the Director of Community Services. Residential sewer -only customers shall be charged for sewer charges for up to 10,000 gallons of water consumed. All other customers shall be charged based upon for unlimited water use for all meters other than for separately metered irrigation and fire fighting purposes. (5) Commercial Customers with Evaporative Cooling Systems. Beginning with the City fiscal year 2003 commercial customers with evaporative cooling towers serving air conditioning needs may request the City to analyze their accounts for usage based on a four-month winter -average water consumption for sanitary sewer for average year around charges. Charges based on average billing will use the commercial customers average monthly winter water usage for the months of November, December, January, and February to establish an average water usage to compute Ordinance No. 2125-12-02, Page 2 sewer charges for the next fiscal year. Customers may request the analysis and year round average billing after a minimum of a one-year account history is established. ' Customers that request the average billing rate structure will have their winter month averages annually recomputed and adjusted accordingly before the first billing cycle of the next City Fiscal Year. The City's Utility Billing Division will switch customers that would receive benefit from this treatment to the winter average method for sewer fees. The average rate will remain in effect from October I until September 30 of the next calendar year (City fiscal year). Prior to the first billing cycle of a new fiscal year, a commercial customer may terminate average billing and be charged for actual water usage to compute sewer charges in the ensuing fiscal year. Commercial customers may request average billing in to be charged based on actual usage as often as the customer deems appropriate, however whatever method is selected will remain in effect for a complete City fiscal year. Sec. 149. 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: (1) A deposit with the city of Six Hundred and Fifty Dollars ($650.00) 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. (2) Stationary meters shall be locked to fire hydrants at all times. An initial installation and set-up fee of twenty dollars ($20.00) will be charged, and a service fee of fifteen dollars ($15.00) will be charged each time the meter is moved to a different location at the customer's request. (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 five hydrant wrench. (c) All stationary fire hydrant meters shall he 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 fifty dollars ($50.00) for each occurrence. Sec. 1410. Tampering with or damaging waterworks or sanitary, sewer systems; unlawful use of water; (a) It shall be unlawful for any person to tamper, alter, connect to, or alter any component of the City waterworks and sanitary sewer system including valves, meters, meter boxes, lids, hydrants, lines, pump stations, ground storage tanks, and elevated storage tanks. This shall include the direct or indirect efforts to initiate or restore water service without the approval of the City. (b) A person commits an offense if, without the written consent of the City Manager or ' designee, the person knowingly causes, suffers or permits the initiation or restoration of water service to premises after City termination of service. For purposes of this section it shall be presumed that the owner, occupant or person in control of the premises caused, suffered, or permitted the unlawful initiation or restoration of service." Ordinance No. 2125-12-02 Page 3 SECTION 2. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of ' this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. 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. 1 SECTION 4. 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 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinance of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2000) for each offense, and each and every day such violation shall continue be deemed to constitute a separate offense. SECTION 6. 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 its is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE lora DAY OF DECEMBER, 2002. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: f.J �l JUS/ roiY1c, Peter G. Smith, CITY ATTORNEY Jua Mo o, CMC/hLKCA, CITY SE SECRETARY Ordinance No. 2125-12-02, Page 4