Ord. 0870-04 09-18-06 CodifiedORDINANCE NO. 870-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING CHARGES FOR WATER AND SEWER SERVICES
FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II,
SECTION 30-35 AND SECTION 30-38 OF THE CODE OF ORDINANCES;
REPEALING PREVIOUS WATER AND SEWER SERVICE RATE
SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A
AN EMERGENCY CLAUSE, A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 30, Article II, Section 30-35 and Section 30-38 of the Code of
Ordinances of the City of Pearland, Texas provides that the rates and charges for the
consumption of utility services and inspection services furnished by the City shall be
determined by the City Council from time to time, and the same shall be on file in the office
of the City Secretary; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 30-35 (b), Charges Required, of Article II, Rates and
Charges, of Chapter 30 Utilities, of the City of Pearland Code of Ordinances, is hereby
amended to add the following:
"(4) Any person responsible for discharging into an interceptor or a grease, grit, lint, oil
or similar trap shall incur a one hundred dollar ($100.00) annual Application/Inspection
Fee."
Section 2. That Section 30-38, Determination of Charges, of Article II, Rates and
Charges, of Chapter 30, Utilities, of the City of Pearland Code of Ordinances, is hereby
amended to read as follows:
"I. Definitions.
Residential Unit - Any structure or part thereof used to fulfill the housing requirements of
one or more persons living together as a single family.
ORDINANCE NO. 870-4
Commercial Unit - Any other structure or part thereof used to fulfill the housing
requirements of not more than one business establishment or of not more than one
establishment of any other kind, but a business unit shall not include any kind of multi-
family establishment.
Multi -Unit Residence or Business - A building consisting of two or more residential or
commercial units.
User - Any person, firm or corporation connected to the City water system for the purpose
of receiving water service.
II. Water Rates. All property upon which any building has been or may hereafter be
erected having a connection with any mains or pipes presently existing or which may be
hereafter constructed and used in connection with the City water system shall pay the
following rates each month for water service furnished by the City:
Residential Unit or Commercial Unit Consisting of a Single Unit:
Up to and including first 2000 gallons $11.98 minimum
All over 2000 gallons $2.73 per 1000 gallons
Multi -Unit Residence or Business:
Up to and including first 2000 gallons $10.89 minimum per unit
All over 2000 gallons $2.71 per 1000 gallon usage
The rate of $11.98 shall be the minimum monthly rate for all water users including the
users for Tess than a monthly period.
2
ORDINANCE NO. 870-4
If the user's water meter becomes inoperative and fails to register, the user will be
charged at the average monthly consumption as shown by the meter when in order. All
water that passes through the meter shall be charged for, whether used or not.
III. Sewer Rates. The following rates or charges for the use and service of the sewage
system of the City of Pearland are determined as follows:
1. Commercial and Industrial Users Having City Water Service:
The monthly sewer service charge for all Commercial and Industrial Users having
City Water Service will be $12.53 minimum for 2000 gallons of water usage or
Tess and $2.06 per 1000 gallons for water usage over 2000 gallons.
2. Commercial and Industrial Users Not Having City Water Service:
The monthly sewer service charge for all Commercial and Industrial Users having
sewer service but not having City Water Service will be as follows:
(a) For customers with a metered well, $2.06 per 1000 gallons of comparable bill
for City Water Service. The City will install, at the customer=s expense, a
water meter in the private water supply and read the meter monthly to
determine the amount of water consumption. $12.53 Monthly Minimum
charge.
(b) For customers without a metered well, the monthly sewer charge shall be
based on a water consumption of 10,000 gallons.
3. Commercial and Industrial Users Who Have Waste Water Discharge Split
Between the Sanitary Sewer and Other Methods of Discharge:
In the event only a portion of the user's waste water is discharged into the
Sanitary Sewer, the City Council, upon the user's request, shall estimate what
portion of the water usage is discharged into the Sanitary Sewer and his monthly
sewer charge will be figured accordingly. $12.53 Monthly Minimum Charge.
4. Commercial and Industrial Users Who Use the Water That is a Part of Their
Product or Production Process and That is Not Discharged into the Sanitary
Sewer System:
If water is a part of a Commercial or Industrial use's product or is used in his
production process in such a manner that there is no discharge into the Sewer
3
ORDINANCE NO. 870-4
System, then, upon the user's request, the City Council will establish the amount
of water used for such purpose and his monthly sewer charge will be figured
accordingly. $12.53 Monthly Minimum Charge.
5. Residential Users Having City Water and Sewer Service:
The monthly sewer service charge for all users having City Water will be $12.53
minimum for 2000 gallons of water usage or less and $2.06 per 1000 gallons for
water usage over 2000 gallons.
6. Residential Users Having City Sewer Service but not having City Water
Service:
The monthly sewer service charge for all Residential Users having sewer service
but not having City Water Service will be as follows:
(a) For customers with a metered well, $ 2.06 per 1000 gallons of comparable
bill for City Water Service. The City will install, at the customer=s expense, a
water meter in the private water supply and read the meter monthly to
determine the amount of water consumption. $12.53 Monthly Minimum
charge.
(b) For customers without a metered well, the monthly sewer charge shall be
based on a water consumption of 10,000 gallons.
7. Multi -Unit Building, Residence or Business:
Each unit of a multi -unit, residence or business which is separately metered will
be charged a monthly sewer service charge at the rate of $12.53 for 2000 gallons
of water usage or less and $ 2.06 per 1000 gallons for water usage over 2000
gallons.
8. Multi -Unit Building With Common Water Meter for All Units:
A multi -unit residence or business in which the units are served through a
common water meter will be billed at the rate of $12.53 minimum for 2000 gallons
of water usage or less and $2.06 per 1000 gallons of water usage over 2000
gallons. (Multi -unit being defined as being a building, residence or business
consisting of two or more units)."
4
ORDINANCE NO. 870-4
Section 3. Repealer. All previously adopted water and sewer rate schedules in
conflict herewith shall be and are hereby repealed but only to the extent of such conflict.
Section 4. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred
Dollars ($200.00).
Section 5. Savings. All rights and remedies, which have accrued in favor of the
City under this Chapter and amendments thereto, shall be and are preserved for the
benefit of the City.
Section 6. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
Section 8. Publication. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance.
5
ORDINANCE NO. 870-4
Section 9. Effective Date. This Ordinance shall become effective at the time of
the Cycle 14 billing in October 2006.
PASSED and APPROVED ON FIRST AND ONLY READING this the 18th day of
September, A. D., 2006.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
SEPTEMBER 18, 2006
Voting "Aye" - Councilmembers Saboe, Beckman. Tetens.
Kyle, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE:
September 20, 2006
Septernber 29, 2006
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
6
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. % Date q---0 201,
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
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Pub+c, State of Texas •
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ComossNotary ion Expires 09 09"2010
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day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
LEGALS
Published Sept. 20, 2006
ORDINANCE NO. 870-4
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, DETERMINING
CHARGES FOR WATER
AND SEWER SERVICES
FURNISHED BY THE CITY,
AS PROVIDED IN CHAP-
TER 30, ARTICLE II, SEC-
TION 30-35 AND SECTION
30-38 OF THE CODE OF
ORDINANCES; REPEAL-
ING PREVIOUS WATER
AND SEWER SERVICE
RATE SCHEDULES; PRO-
VIDING A PENALTY FOR
VIOLATION;
CONTAINING A AN
EMERGENCY CLAUSE, A
SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE;
PROVIDING FOR CODIFI-
CATION, PUBLICATION,
AND AN EFFECTIVE DATE.
WHEREAS, Chapter 30,
Article II, Section 30-35 and
Section 30-38 of the Code of
Ordinances of the City of
Pearland, Texas provides
that the rates and charges
for the consumption of utility
services and inspection
services furnished by the
City shall be determined by
the City Council from time to Commercial Unit Consisting
time, and the same shall be of a Single Unit:
on file in the office of the City Up to and including first
Secretary; now, therefore, 2000 gallons
BE IT ORDAINED BY THE $11.98 minimum
CITY COUNCIL OF THE All over 2000 gallons
CITY OF PEARLAND, $2.73 per 1000 gallons
T E X A S Multi -Unit Residence or
Section 1. That Section Business:
30-35 (b), Charges Up to and including first
Required, of Article II, Rates 2000 gallons
and Charges, of Chapter 30 $10.89 minimum per unit
Utilities, of the City of All over 2000 gallons
Pearland Code of $2.71 per 1000 gallon usage
Ordinances, is hereby The rate of $11.98 shall be
amended to add the follow- the minimum monthly rate
i n g for all water users including
"(4) Any person responsible the users for less than a
for discharging into an inter- monthly period.
ceptor or a grease, grit, lint, If the user's water meter
oil or similar trap shall incur becomes inoperative and
a one hundred dollar fails to register, the user will
($100.00) annual be charged at the average
Application/Inspection Fee." monthly consumption as
Section 2. That Section shown by the meter when in
30-38, Determination of order. All water that passes
Charges, of Article II, Rates through the meter shall be
and Charges, of Chapter 30, charged for, whether used
Utilities, of the City of or not.
Pearland Code of III. Sewer Rates.
Ordinances, is hereby The following rates or
amended to read as follows: charges for the use and
"I. Definitions. service of the sewage sys-
Residential Unit - Any struc- tem of the City of Pearland
ture or part thereof used to are determined as follows:
fulfill the housing require- -
ments of one or more per-
sons living together as a sin-
gle family.
Commercial Unit - Any other
structure or part thereof
used to fulfill the housing
requirements of not more
than one business estab-
lishment or of not more than
one establishment of any
other kind, but a business
unit shall not include any
kind of multi -family estab-
1 i s h m e n t.
Multi -Unit Residence or
Business - A building con-
sisting of two or more resi-
dential or commercial units.
User - Any person, firm or
corporation connected to
the City water system for the
purpose of receiving water
s e r v i c e.
II.Water Rates. All property
upon which any building has
been or may hereafter be
erected having a connection
with any mains or pipes
presently existing or which
may be hereafter construct-
ed and used in connection
with the City water system
shall pay the following rates
each month for water serv-
ice furnished by the City:
Residential Unit or
1.Commerclal and
Industrial Users Having
City Water Service:
The monthly sewer service
charge for all Commercial
and Industrial Users having
City Water Service will be
$12.53 minimum for 2000
gallons of water usage or
less and $2.06 per 1000 gal-
lons for water usage over
2000 gallons.
2.Commercial and Industrial
Users , Not Having City
Water Service:
The monthly sewer service
charge for all Commercial
and Industrial Users having
sewer service but not having
City Water Service will be as
f o l l o w s.
LEGALS
(a)For customers with a
metered well, $2 06 per
1000 gallons of comparable
bill for City Water Service.
The City will install, at the
customer=s expense, a
water meter in the private
water supply and read the
meter monthly to determine
the amount of water con-
sumption. $12.53 Monthly
Minimum charge.
(b)For customers without a
metered well, the monthly
sewer charge shall be
based on a water consump-
tion of 10,000 gallons.
3.Commercial and Industrial
Users Who Have Waste
Water Discharge Split
Between the Sanitary Sewer
and Other Methods of
Discharge:
In the event only a portion of
the user's waste water is
discharged into the Sanitary
Sewer, the City Council,
upon the user's request.
shall estimate what portion
of the water usage is dis-
charged into the Sanitary
Sewer and his monthly
sewer charge will be figured
accordingly. $12.53 Monthly
Minimum Charge.
4.Commercial and Industrial
Users Who Use the Water
That is a Part of Their
Product or Production
Process and That is Not
Discharged into the Sanitary
Sewer System:
If water is a part of a
Commercial or Industrial
use's product or is used in
his production process in
such a manner that there is
no discharge into the Sewer
System, then, upon the
user's request, the City
Council will establish the
amount of water used for
such purpose and his
monthly sewer charge will
be figured accordingly.
$12.53 Monthly Minimum
C h a r g e.
5.Residential Users Having
City Water and Sewer
S e r v ice
The monthly sewer service
charge for all users having
City Water will be $12.53
minimum for 2000 gallons of
water usage or less and
$2.06 per 1000 gallons for
water usage over 2000 gal-
1 o n s
LEGALS
metered well, the monthly
sewer charge shall be
based on a water consump-
tion of 10,000 gallons.
7.Multi-Unit Building,
Residence or Business:
Each unit of a multi -unit, res-
idence or business which is
separately metered will he
charged a monthly sewer
service charge at the rate of
$12.53 for 2000 gallons of
water usage or less and $
2.06 per 1000 gallons for
water usage over 2000 gal-
1 o n s
8.Multi-Unit Building With
Common Water Meter for
6. Residential Users All Units:
Having City Sewer Service A multi -unit residence or
but not having City Water business in which the units VOTING RECORD FIRST
Service: are served through a com- AND ONLY READING
The monthly sewer service mon water meter will be SEPTEMBER 18, 2006
charge for all Residential billed at the rate of $12.53 Voting "Aye" -
Users having sewer service minimum for 2000 gallons of Councilmembers Saboe,
but not having City Water water usage or less and Beckman, Tetens, Kyle, and
Service will be as follows: $2.06 per 1000 gallons of Cole.
(a)For customers with a water usage over 2000 gal- Voting "No" — None. Motion
metered well, $ 2.06 per Ions. (Multi -unit being passed 5 to 0.
1000 gallons of comparable defined as being a building, PUBLICATION DATE:
bill for City Water Service. residence or business con- September 20, 2006
The City will install, at the sisting of two or more EFFECTIVE DATE:
customer=s expense, a u n i t s ) . " September 29, 2006
water meter in the private Section 4. Penalty. Any PUBLISHED AS
water supply and read the person who shall violate the REQUIRED BY SECTION
meter monthly to determine provisions of this section 3.10 OF THE CHARTER
the amount of water con- shall be deemed guilty of a OF THE CITY OF
sumption. $12.53 Monthly misdemeanor and shall, PEARLAND, TEXAS
Minimum charge. upon conviction by a court of
(b)For customers without a competent jurisdiction, be
punished by a fine in any
sum not exceeding Two
Hundred Dollars ($200.00).
Section 9. Effective Date.
This Ordinance shall
become effective at the time
of the Cycle 14 billing in
October 2006.
PASSED and APPROVED
ON FIRST AND ONLY
READING this the 18th day
of September, A. D., 2006.
Section 9. Effective Date.
This Ordinance shall
become effective at the time
of the Cycle 14 billing in
October 2006.
PASSED and APPROVED
ON FIRST AND ONLY
READING this the 18th day
of September, A. D., 2006.
/s/ Tom Reid
Mayor
ATTEST
/s/Young Lorfing, TRMC
City Secretary
APPROVED AS TO FORM:
/s/ Darrin M. Coker
City Attorney