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ORD 1996-13 - Increase Sewer Rates 09-10-1996ORDINANCE NO. 96 -13 AN ORDINANCE AMENDING TITLE 30, WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, 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: Title 30, Water and Sewers of the Code of Ordinances of the City of Huntsville, Texas, Part 30.01.090)(5) and Part 30.01.090 are hereby amended: 30.01.090) 5. the statement is delivered, 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. 30.01.090 E. Institutional users. Except as specifically provided otherwise by written agreement, institutional users, or persons who use five (5) per cent or more of the total water sold by the city, shall be charged a monthly water service charge based upon the amount of water consumption attributed to the user, as determined herein, and applied to the following rate: Gallons of Water Used per Month Amount or Rate Charged Each1,000 .......................... ............................... $2.70 SECTION 2: Title 30, Water and Sewers of the Code of Ordinances of the City of Huntsville, Texas, Part 30.01.12 Connection charges; deposits to secure payment of utility service bills is repealed and replaced with: 30.01.12 Connection charges; deposits to secure payment of utility service bills, after hours fee A. A fifteen dollar ($15.00) connection fee shall be made for any new service application or changes in existing service applications. B. The utility office supervisor shall require any applicant for water, sewer or sanitation service to post a deposit to secure payment of utility service charges, as follows: 1. Any firm, corporation or commercial account applying for water service shall deposit with the city, as security for the payment of future charges, a sum equal to two (2) times the average estimated monthly utility service charge for the premises for which utility services are requested. Past accounts from previous customers at the same location, or accounts of a comparable usage factor, may be used in arriving at the estimated monthly charge for determining the amount of deposit. W 2. Any person applying for residential water, sewer and garbage service shall place with the city a sum of sixty dollars ($60.00) for a utility deposit; provided, however, that persons who do not receive all three (3) services shall be required to post only a deposit with the city in the amount of twenty dollars ($20.00) for each service received. 3. Upon the sale or transfer of property, or change in customer or occupancy of any premises served by city water service, no water, sewer or sanitation service shall be furnished to the new owner, customer or occupant of such premises unless and until such deposit as required by this section is paid. Any person, firm or corporation who fails to notify the city of a change in ownership, title or occupancy of premises resulting In a different person or entity having responsibility for the payment of utility service charges, shall be subject to immediate discontinuance of utility service, unless and until the previous customer's account Is finalized and the deposit called for herein is made. 4. A utility deposit shall not be required for the interim period (three (3) months maximum) that a rental house is being prepared for occupancy, provided that the owner has current residential service. 5. A blanket deposit, equal to the cumulative average monthly utility service charge, shall be required for a residential customer with multiple accounts. Any multiple dwelling unit with more than five (5) units shall require a separate commercial deposit. 6. Any customer that is put on the "cut-off" list (a residential customer that has not paid the two (2) months prior bills and is about to receive a third month's billing or a commercial customer that has not paid their bill by the due date) more than twice in one year shall be required to increase their deposit to the average amount due at "cut-off" date. A notice of the increase will be sent to the customer which must be paid by the customer if they appear on the cut-off list a third time. Failure to pay the increased deposit would result in discontinuance of service. C No person shall attempt to avoid any payment under this chapter by changing names on an account. The city may transfer a delinquent payment from one customer to another account of that customer. Utility service cannot be discontinued for delinquency in payment for utility service by a previous occupant. D. Every applicant who previously has been a city utility customer and whose service was discontinued for nonpayment of bills or has terminated service without paying a bill shall be required to pay all amounts due. E. Utility deposits will be refunded upon termination of service, provided that the customer has fully satisfied all charges due the city. Residential customer deposits shall be refunded at the end of three (3) years with a good payment record. Good payment record means that the customer has not paid a bill more than twice past the penalty date in the last twelve (12) months. F. Security for payment of utility service charges may be made by cash deposit with the City, or by an approved certificate of deposit in the name of the City of Huntsville at a banking or saving institution authorized to do and doing business in the State of Texas or by an approved letter of credit at a banking or savings Institution authorized to do and doing business in the State of Texas. G. A residential customer with a currently active account may guarantee payment on one additional single unit residential customer. Any unpaid balances will be transferred to the account of the guaranteeing customer. The customer guaranteeing the account must have a twenty -four (24) month history with the city and may not have been delinquent more than twice in any twelve -month period. H. A twenty -five ($25.00) after hours fee shall be assessed any customer requesting any service after regular business hours. SECTION 3: Title 30, Water and Sewers of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing part 30.02.01. Monthly charge for sewers, as follows: 30.02.01 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 • . -. first 3,000 minimum monthly charge .. ............................... $10.65 all over 3, 000, per 1, 000 ............... ............................... $2.75 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 first 3,000 minimum monthly charge .. ............................... $10.65 all over 3, 000, per 1, 000 ............... ............................... $2.75 (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 nine and 901100(529.90). (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 nine dollars and 901100 ($29.90). (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, 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. (7) Provided further, that a customer with no more than two (2) jointly metered residential units may file in advance a quarterly notice of vacancy. E. Institutional users. (1) An institutional user is any person, corporation, agency of the State of Texas, or political subdivision which uses five percent (596) or more of the total water sold by the City or which discharges five percent (596) or more of the wastewater treated by the City. (2) Except as specifically provided otherwise by written agreement, an institutional user shag 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 Charge Each1,000 ....................................................... $2.75 (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 4: This Ordinance shall take effect Immediately upon Its adoption. THE CITY OF HUNTSV14E by William B. Green, Mayor DA ST: Danna Welter, City secretary ri outWs, City Attorney