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Home My WebLink AboutO-2015-3590 amend Ch 74 re: establish regulations/fees related to rental of fire hydrant meters ORDINANCE NO.2015-3590 AN ORDINANCE AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS AND FEES RELATING TO RENTAL OF FIRE HYDRANT METERS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR �. THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 74, "Utilities,"Article III"Water and Sewer Service Charges", Division 2 "Water Service Rates and Charges", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by amending Section 74-249 "Fees established for certain services", which shall hereinafter read as follows,to wit: "Sec.74-249.-Fees established for certain services; collection. Upon the recommendation of the director of finance,the city council,pursuant to the directives established in this article,hereby establishes the following rates and fees: (1)New service. Each consumer requesting new service with the city shall be charged a service fee in an amount established by the city and listed in appendix A of this Code, and such service fee is to be collected prior to the beginning of the requested service. (2)Transfer of service. Each consumer requesting the transfer from one service location within the city to another service location within the city shall be charged a transfer fee in an amount established by the city and listed in appendix A of this Code, and such fee is to be charged to their account and collected through the normal billing and collection process. (3)Meter replacement. Each consumer requesting that their meter be replaced by a new meter,when the city has no reason to believe the meter to be replaced has reached the end of its useful life,shall be charged a meter replacement fee in an amount established by the city and listed in appendix A of this Code,and such fee is to be charged to their account and collected through the normal billing and collection process. (4)Pressure testing of service lines. Each consumer requesting that their service lines be pressure tested by the city, and such pressure test is subsequent to a pressure test obtained from the city in the preceding 12-month period, shall be charged a pressure test fee in an amount established by the city and listed in appendix A of this Code,and such fee is to be charged to their account and collected through the normal billing and collection process. (5)Rereading of meter. Each consumer requesting that their meter be reread by the city, and such reread is subsequent to a reread requested,by the consumer and performed by the city in the 12-month period, and such reread confirms the accuracy of the previous meter reading,a fee in an amount established by the city and listed in appendix A of this Code shall be charged for the additional reading. Such fee is to be charged to their account and collected through the normal billing and collection process. (6)Fire Hydrant Meter. Any person or entity who leases afire hydrant in from the City shall be charged a refundable rental deposit fee. Upon return of the fire hydrant meter to the City the deposit shall be refunded,subject to any deduction for damage to the meter.Additionally,there shall be assessed to such person or entity: 1)a daily rental usage fee;2)an initial attachment fee;3)a relocation fee,if the meter is requested to be moved to another fire hydrant; and 4)water usage charge, which shall be calculated based on same rate applicable to commercial/industrial user for 3-inch meter.All of the aforementioned fees and charges shall be in an amount established by the city and listed in appendix A of this Code. Such fees are to be charged to the,person's or entity's account and collected through the normal billing and collection process. Section 2. That Appendix — A "Fees", Chapter 74, "Utilities," "Water and Sewer Service Charges",Division 2"Water Service Rates and Charges",is hereby amended and shall hereinafter read as follows: Division 2. Water Service Rates and Charges (a)Water service rates: �74-246 (1)Residential use: A minimum charge,per month ..... 7.95 (2)Apartment units, duplex units, individual mobile homes in mobile home parks,with 5.35 units not individually metered for water: A minimum charge per month, per living unit (3)Commercial and industrial use: A minimum charge per month shall be made in accordance with the size of the meter utilized to measure service to the customer in accordance with the following schedules r '/a-inch meter, or smaller meter..... 9.35 b. 1-inch meter..... 12.85 mc. 1%2-inch meter..... 22.75 d. 2-inch meter..... 36.65 e. 3-inch meter, (including fire hydrant meters leased from city)..... 76.35 7, f 4-inch meter..... 131.85 g. 6-inch meter..... 290.60 h. 8-inch meter or larger..... 512.80 (4)Volume charges: a. Each minimum bill of residential, commercial and industrial shall include 2,000 gallons of water per month. b. Each minimum bill of apartment units, duplex units, individual mobile homes in mobile home parks,with units not individually metered for water, shall include 2,000 gallons of water per unit per month. c. Each additional 1,000 gallons;used by a customer each month shall be charged in accordance with the following schedule 1. For the next additional 8,000 gallons_exceeding 2,000 gallons(per 1,000 gallons)2.98 2. For the next additional 15;000 gallons exceeding 10,000 gallons(per 1,000 3.28 gallons) ..... 3. Each additional 1,000 gallons consumed exceeding 25,000 gallons(per 1,000 3.77 gallons) ..... d. The volume charge to commercial and industrial shall be in accordance with the schedule in volume charges,(4)c. e. The volume charge to apartment units, duplex units, individual mobile,homes in mobile home parks,with units not individually metered for water, shall be in accordance with the schedule in volume charges, (4)c after the usage of the amount of water exceeds the number of units billed,times'2,000 gallons each month. (b)Certain water services: 74-249 (1)r ew service fee ..... 10.00 —F(2)Transfer of service fee ..... 15.00 –]— (3)Meter replacement fee ..... 25.00 (4)Pressure testing of service lines ..... 25.00 (5)Rereading of meter..... 5.00 (6)Fire hydrant meter. 74-249 a. Rental deposit fee 1500.00 1'. Daily rental usage fee 15.00 c. Initial attaclunent fee 25.00 d. Relocation fee 25.06 (c)Service restoration fee: 74- 251(c) (1)Regular hours ..... 25.00 --F (2)After regular hours ..... 35.00 Section 3. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof,and all provisions of this ordinance are declared to be severable for that purpose. Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed;ealed provided, however, that such repeal shall be only to the extent of such � p A Y inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 7. This Ordinance shall be effective fourteen(14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten.(10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the day of ' 2015. CITY OF LA PORTE,TEXAS By: L 'uis R. 'g y, ayo ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney