Ord. 0870-05 2007-09-17 CodifiedORDINANCE NO. 870-5
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 30-38, 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.
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.
ORDINANCE NO. 870-5
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
All over 2000 gallons
Multi -Unit Residence or Business:
Up to and including first 2000 gallons
All over 2000 gallons
$11.98 minimum
$2.93 per 1000 gallons
$10.89 minimum per unit
$2.93 per 1000 gallon usage
The rate of $11.98 shall be the minimum monthly rate for all water users including the
users for less than a monthly period.
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
less and $2.24 per 1000 gallons for water usage over 2000 gallons.
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ORDINANCE NO. 870-5
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, $2.24 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
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 $2.24per 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:
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ORDINANCE NO. 870-5
(a) For customers with a metered well, $ 2.24 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 $ 2.24 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 $2.24 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)."
Section 2. 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 3. 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 4. 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.
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ORDINANCE NO. 870-5
Section 5. 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 6. 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 7. 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.
Section 8. Effective Date. This Ordinance shall become effective at the time of
the Cycle 14 billing in October 2007.
Section 9. Declaration of Emergency. The Council finds and determines that
the need to establish water and sewer rates inures to the benefit of the public and,
therefore, bears directly upon the health, safety and welfare of the citizenry; and that this
ordinance shall be adopted as an emergency measure, and that the rule requiring this
ordinance to be read on two (2) separate occasions be, and the same is hereby waived.
PASSED and APPROVED ON FIRST AND ONLY READING this the 17th day of
September, A. D., 2007.
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EI
MAYOR
ORDINANCE NO. 870-5
ATTEST:
ITY S CRETARY
APPROVED AS TO FORM:
it( ,
DA RIN M. COKER
CITY ATTORNEY
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VOTING RECORD FIRST AND ONLY READING
SEPTEMBER 17, 2007
Voting "Aye" - Councilmembers Owens, Beckman, Saboe
and Cole.
Voting "No" — None.
Motion passed 4 to 0, with Councilmember Kyle absent.
PUBLICATION DATE: January 30, 2008
EFFECTIVE DATE: October 5, 2007
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS