Ord. 0870-01 06-14-99 CodifiedORDINANCE NO. 870-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 870, AS IT MAY HAVE BEEN FROM
TIME TO TIME AMENDED, ESTABLISHING CHARGES FOR SEWER
SERVICES FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30,
ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; REPEALING
PREVIOUS SEWER SERVICE RATE SCHEDULES; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR
CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED
TO ESTABLISH SEWER RATES INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
WHEREAS, Chapter 30, Article II, 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 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 3 of City of Pearland Ordinance No. 870 shall be
amended to read as follows:
... 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, $1.25 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. $9.76 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.
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ORDINANCE NO. 870-1
... 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, $1.25 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. $9.76 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...."
Section 2. Declaration of Emergency. The Council finds and determines that
the need to establish 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.
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).
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ORDINANCE NO. 870-1
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.
Section 9. Effective Date. This Ordinance shall become effective at the time
of the July 2, 1999 billing.
PASSED and APPROVED on First and Only Reading this the 14t'' day of June ,
A. D., 1999.
ATTEST:
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
JUNE 14, 1999)
Voting "Aye" - Councilmembers Berger, Beckman,
Seeger, Tetens, and Wilkins.
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ORDINANCE NO. 870-1
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: JUNE 16, 1999
EFFECTIVE DATE: JUNE 26, 1999
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS.
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