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ORD 1995-28 - Increase Sewer Rates 09-12-1995ORDINANCE NO. 95 -28 AN ORDINANCE AMENDING CHAPTER 17, WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, CHARGING FOR ACH PAYMENTS REFUSED; INCREASING THE RATES FOR SEWER SERVICE PROVIDED BY THE CITY; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 17, Water and Sewers of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Section 17 -15. Charge for returned checks, as follows: Section 17 -15. Charge for returned checks. The manager of utilities, or any other appropriate City employee shall charge any utility customer of the City of Huntsville a fifteen dollar ($15.00) charge for checks returned or for ACH payments refused by the customer's bank advising the City there are not sufficient funds in the customer's checking account with the bank to pay the water charge for the customer. This fifteen dollar ($15.00) charge shall be added to the total outstanding account of the customer and upon refusal or failure to pay this charge, section 17 -11 hereof shall apply as to said charge. The City shall refuse to accept checks if more than two insufficient checks have been received from the customer within the last twenty -four (24) months. SECTION 2: Chapter 17, Water and Sewers of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Section 17 -21. Monthly charge for sewers, as follows: Section 17 -21. Monthly charges for sewer. a. Commercial rate schedule. Except as hereafter provided, each commercial use of sewer including churches, financial establishments, hospitals, hotels, laundries, machine shops, motels, nursing homes, offices, restaurants, service stations, skating rinks, taverns, theaters and warehouses, supplied with sewer service by the City shall be charged a monthly sewer service charge based upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of water Used per Month Amount or Rate Charged first 3,000 minimum monthly charge ............................ $9.15 all over 3,000, per 1,000 ........ ............................... $2.20 b. Residential rate schedule. Except as hereafter provided, each residential user, including apartments, duplexes, mobile home parks, and single family residents, supplied with sewer service by the City shall be charged a monthly water service charge based upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of water Used per Month Amount or Rate Charged first 3,000 minimum monthly charge ............................ $9.15 all over 3,000, per 1,000 ........ ............................... $2.20 (1) individually metered residential units. Each residential dwelling unit individually metered and billed for consumption of water shall be charged for and owe each month a sewer service charge based upon the amount of water consumed, as determined by the meter reading, applied to the above rate schedule; provided, however, that the maximum sewer bill for each residential unit is twenty four dollars and 55/100 ($24.55). (2) Jointly metered residential units. (a) Each multi - family dwelling unit project shall be charged for and owe each month a water service charge as follows: A minimum bill equal to total number of units multiplied by the minimum monthly charge, plus a consumption charge based upon the amount of water consumed in excess of three thousand (3,000) gallons, time the number of residential dwelling units, as determined by the meter reading, applied to the above rate schedule: provided, however, that the maximum sewer charge for multiple residential units shall not exceed the number of units multiplied by twenty four dollars and 55/100 (24.55). (b) Residential Dwelling Unit shall mean one or more buildings, parts of a building, manufactured homes, mobile homes, or manufactured or mobile home site within a mobile home park, which building, part of a building, manufactured home, or mobile home included or would normally be designated to include a bathroom, principal kitchen facilities and living quarters; provided, however, that every designated manufactured housing or mobile home site, or trailer site with water and sewer connections within a mobile home park shall be considered a residential dwelling unit. C. Vacancy means that unit is unoccupied and the owner received no rent, lease payment or occupancy fee for the unit. d. A jointly metered residential dwelling unit customer shall be entitled to apply for a deduction for vacancies, or credit for future water service with City for prior water service payments under the following conditions: (1) one or more of the residential dwelling units used for the basis of calculation of the minimum bill was vacant for 25 days or more of the previous calendar month; (2) a statement is presented to the City, on a form approved by the City, listing the specific vacant apartments or mobile home sites and stating the period of vacancy, signed under the penalty of law by the customer; (3) the records of the customer, including lease agreement and rental receipts, are available for examination by City staff for purposes of verifying the vacancies; (4) the customer's water bill is paid and proper deposits exist for water service; and (5) the statement is delivered with written receipt acknowledged, either in person or by certified mail, to the City Utility Billing Department before the 5th day of the month following the vacancy, unless the 5th is a Saturday, Sunday or legal holiday, in which event the affidavit must be received by the City by the next day which is neither a Saturday, Sunday, nor a legal holiday. (6) If a customer provides a vacancy affidavit to the City's utility billing supervisor after the time specified in paragraph five above, but before the 25th day of the month, then the customer shall pay a standard bill amount for that month and the City shall credit the customer's account for the subsequent month for one -half the vacancies identified. If a customer delivers a vacancy affidavit to the City's utility billing supervisor after the 25th day of the month, then the City shall not provide the customer with either a deduction or credit against any utility service. e. Institutional users. (1) An institutional user is any person, corporation, agency of the State of Texas, or political subdivision which uses five percent (5 %) or more of the total water sold by the City or which discharges five percent (5 %) or more of the wastewater treated by the City. (2) An institutional user shall pay to the City a monthly sewer service charge based upon the amount of wastewater discharged by the user into the City's publicly owned treatment works, as applied to the following rate: Gallons of wastewater Discharged per Month Amount or Rate Charged Each1,000 ............................................. $2.20 (3) The amount of wastewater discharged by an institutional user shall be based upon and determined to be the metered amounts of water delivered to the user through lines which are connected to plumbing fixtures which then return wastewater to the City's publicly owned treatment works, or by wastewater metered connections authorized by the City Manager. f. Other charges not affected. Nothing herein shall effect or alter any other charge for sewer service required by the Code or the city's industrial waste ordinances. g. Users without city water. Persons not connected to the waterworks system of the city shall be billed monthly by the city for sanitary sewer services at a rate determined by the utility office supervisor, which rate shall be consistent with the regular sewer service charge of similar type premises or users receiving service from the city. If a person desiring service uses water or maintained premises in such a manner that a similar type user or premises cannot be found, the utility office supervisor may recommend for approval to city council such service charge and conditions as deemed appropriate. SECTION 3: This Ordinance shall take effect immediately upon its adoption. APPROVED this 12th day of September, 1995. THE CITY OF HUNTSVILLE by William B. G een, Mayor ATTE Danna Welter, City Secretary APPR VED AS TO FORM: Scott B u ds, City Attorney