O-2499-3-06ORDINANCE NO. 2499-3-06
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 14 "UTILITIES" BY AMENDING SECTION 14-1 TO ADD SUBSECTION (e)
TO REQUIRE PROOF OF IDENTIFICATION FOR UTIIITY SERVICES; BY
AMENDING SECTION 14-5 TO PROVIDE FOR MONTHLY MINIMUM WATER
SERVICE CHARGES AND VOLUMETRIC CHARGES FOR PERIODS OF
UNCONSTRAINED WATER SUPPLY AND FOR PERIODS OF CONSTRAINED
WATER SUPPLY TO BE ESTABLISHED BY CITY COUNCIL RESOLUTION; BY
AMENDING SECTION 14-6 TO PROVIDE THAT RATES FOR SANITARY SEWER
CHARGES SHALL BE ESTABLISHED BY CITY COUNCIL RESOLUTION; BY
AMENDING SECTION 14-9 BY AMENDING THE REGULATIONS FOR FIRE
HYDRANT METERS; BY AMENDING SECTION 14-10 TO ADD SUBSECTION (c) TO
PROHIBIT THE CONCEALMENT OF WATER FACILITIES; BY AMENDING
SECTION 14-14 TO ADD SUBSECTION (b)(l)(e) TO REGULATE CROSS
CONNECTIONS; BY AMENDING SECTION 14-16 TO PROVIDE FOR THE
COMMUNITY SERVICES DIRECTOR OR DESIGNEE TO BE RESPONSIBLE FOR
THE ENFORCEMENT OF THE DROUGHT CONTINGENCY PLAN FOR THE CITY
OF ALLEN; PROVIDING FOR THE DISCONNECTION OF WATER SERVICE FOR
NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY
PLAN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABH.TTY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR
EACH OFFENSE; AND PROVIDING FOR 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 is hereby
amended by amending Section 14-1, in part to add subsection (e) to read as follows:
"Sec. 14-1. Deposits, interest, and account establishment.
(e) The utility billing office will require account holders to provide proof of identity including mandatory
disclosure of social security number, driver's license number, Texas identification number, or other
identification with a photograph to verify the identity of the applicant for service. Residential utility
acwunts shall be established in the name(s) of the individual(s) owning or leasing the residence. The
utility billing office may require applicants to provide proof of ownership or a lease of the premises
for which service is requested. The utility billing office may take action to confirm the ownership or
lease of the premises, and will terminate service with 14 days prior written notice to any customer
' who establishes service and who is not the owner or lessee of the residence.
SECTION 2. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is
hereby amended by amending Section 14-5 and 14-6 to read as follows:
' "Sec. 14-5. Water service charges.
(1) Monthly minimum charge. Minimum monthly charges shall be established by resolution of
the city council.
(2) Volumetric charge. Volumetric charges for residential and non-residential customers
(commercial, industrial and municipal) shall be established by city council resolution.
(3) Volumetric charge for periods of constrained water supply. Volumetric charges for
residential and non-residential (commercial, industrial and municipal) for periods of
constrained water supply shall be set by city council resolution.
(4) Monthly minimum bill rates and volumetric charges for periods of unconstrained water
supply are effective during times of unconstrained water supply. The volumetric water
charges for periods of constrained water supply, whether caused by drought or other water
emergencies, shall be effective for the preparation of utility billing thirty (30) calendar days
after the declaration of a drought contingency plan stage that requires a rate increase; or
declaration of a water supply emergency by the City Manager wherein a particular rate
increase level is implemented.
(5) Commercial and municipal customers are required to separate meter water connections that
service landscape and grounds maintenance as irrigation only accounts.
' (6) Water system customers that reside outside the city limits shall be charged in addition to the
monthly minimum charge and volumetric charge, a premium on the prevailing water rate of
twenty-five (25) percent on both monthly minimum charge and the volumetric charge. (This
also includes volumetric charge for periods of constrained water supply.) As the water rates
are increased, so shall the calculation of the twenty-five (25) percent rate premium.
Sec. 14-6. Sanitary sewer charges.
(I) Monthly minimum charge. Minimum monthly charges for sanitary sewer services shall be set
by city council resolution.
(2) Volumetric charge. The volumetric charge for sewer services shall be set by city council
resolution.
SECTION 3. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is
hereby amended by amending Section 14-9, in part to read as follows:
"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:
' (1) A refundable deposit in the amount of six hundred fifty dollars ($650) for a stationary meter
shall be requested. The deposit shall be returned upon payment of all charges for water used,
Ordinance No. 2499-3-06, Page 2
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 of twenty dollars ($20) 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.
(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 V 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 of fifty dollars ($50) 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 muse the fire hydrant meter."
SECTION 4. The Code of Ordinances of the City of Allen, Collin County, Teras, be and is hereby
amended by amending Section 14-10, in part to add subsection (c) to read as follows:
"Sec. 14-10. Tampering with or damaging waterworks or sanitary, sewer systems; unlawful use of
water.
' (c) It shall be unlawful to cover, conceal, or allow any obstruction that hinders access to any water valve
box, service, or meter box."
SECTION 5. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is
hereby amended by amending Section 14-14, in part to add subsection (bxl xe) to read as follows:
"Sec. 14-14. Cross connection control.
(b) Crossconnection control program.
(1) Cross -connections prohibited
e. For the purpose of the cross -connection program, the city considers the connection
between separately metered properties as an illegal connection. It is an offense for
any company, person or entity to participate in this type of connection.
' SECTION 6. Chapter 14 of the City of Allen Code of Ordinances is hereby amended by amending Section
14-16 to provide for the Community Services Director or designee as responsible for enforcement of the
North Texas Municipal Water District Model Drought Contingency Plan to read as follows:
Ordinance No. 2499-3-06, Page 3
"Sec. 14-16. Amendments.
The following Sections of the North Texas Municipal Water District Model Drought Contingency Plan are
hereby amended to read as follows:
(11) Section 3.6 Procedures for Enforcing Mandatory Water Use Restrictions. [On page 3-9,
add after the last bullet point m a new paragraph.]
"Any person, firm, or corporation violating any of the provisions or terms of the drought
contingency plan shall be deemed guilty of a misdemeanor and, upon conviction thereof, be
subject to a fine not to exceed two thousand dollars ($2,000) for each offense. Each and every
day such violation shall continue shall be deemed to constitute a separate offense. The
Community Services Director or designee is responsible for the enforcement of the drought
contingency plan."
(12) Section 3.7 Coordination with the Regional Water Planning Group and NTMWD. [On
page 3-9, add after the last sentence, same paragraph.]
"The Community Services Director is responsible for:
Coordinating the draft of this ordinance and any future proposed changes to the
NTMWD for comment prior to implementation.
Ib. Providing the final City of Allen Drought Contingency Plan and any future approved
changes to the Chair of the Region C Water Planning Group and the NTMWD."
(13) Section 3.8 Review and Update of Drought Contingency Plan. [On page 3-9, add after
the last sentence, same paragraph.]
"The Community Services Director is responsible for performing the review and update of
the City of Allen Drought Contingency Plan on the 5 -year cycle review and update mandated
by TCEQ."
Sec. 14-17. Transfer of meter from developer/builder to property.
SECTION 7. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Code of Ordinances, 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 or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION S. All ordinances and resolutions 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 and resolutions not in conflict with the provisions of this ordinance shall remain
in full force and effect.
' SECTION 9. 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 amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
Ordinance No. 2499-3-06, Page 4
I
SECTION 10. Any person, firm or corporation that violates any of the provisions or terms of this ordinance
shall be subject to penalty and upon conviction shall be punished by a fine not to exceed the sum of Two
Thousand ($2,000) Dollars.
SECTION 11. This ordinance shall take effect immediately from and after its passage 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 14M DAY OF MARCH, 2006.
APPROVED AS TO FORM:
Peter G. Smith, crfy ATTORNEY
Z
:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, TRMC, CITY AecRETARY
Ordinance No. 2499-3-06, Page 5