R2000-038 03-27-00RESOLUTION NO. R2000-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT FOR THE PURCHASE POTABLE WATER
FROM THE CITY OF HOUSTON.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council has received contract pricing from the
City of Houston for potable water as approved in the fiscal year 1999-2000 budget.
Section 2. The City Manager or his designee is hereby authorized to execute
a contract for the purchase of potable water from the City of Houston in the amount of
$203,400.00.
PASSED, APPROVED and ADOPTED
March , A.D., 2000.
this the 27th day of
TOM REID
MAYOR
ATTEST:
DARRIN M. COKER
CITY ATTORNEY
WATER SUPPLY CONTRACT BETWEEN
THE CITY OF HOUSTON, TEXAS AND
THE CITY OF PEARLAND
THIS WATER SUPPLY CONTRACT ("Contract") is made by and between the CITY OF
HOUSTON ("Houston") and THE CITY OF PEARLAND CPearland").
WITNESSETH:
Recitals
Houston is a municipal corporation and home-rule city, principally located in Harris County,
Texas. Houston owns a water distribution system and desires to sell water to Pearland.
Pearland is a municipal corporation and home-rule city, principally located in Brazoria
County, Texas.
The parties to this Contract have determined that all obligations to expend money arising out
of this Contract can be fully satisfied out of moneys now on hand and available for expenditure for
the purposes herein stated. Such charges are an operating expense of Pearland's water system and
shall be paid out of funds on hand at the time such charges are incurred.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
and agreements herein contained, the parties hereto do mutually agree as follows:
ARTICLE I.
Definitions
Unless the context requires otherwise, the following terms as used in this Contract shall have
meanings as follows:
"Houston System" means Houston's Water distribution mains, including valves and flow
control devices.
"Ordinances" shall mean the Code of Ordinances of the Houston, as amended from time to
time.
"Pearland System" means all facilities necessary to enable Pearland to receive Water from
the Houston System, including without limitation, inter-connection lines, meter vaults, casings, air
gap or other backflow prevention controls, valves and flow control devices as may be reasonably
required by the Utility Official.
U:\WPFILES',CONTRACr~EW B\ 1999~ 10906RV LWPD February 21, 2000
"Points of Delivery" shall mean the actual points of connection between the Houston System
and the Pearland System. The initial Point of Delivery will be located at the Houston city limit
boundary and McHard Road.
"Points of Measurement" shall mean the various locations where Water delivered by Houston
will be measured for purposes of this Contract. The initial Point of Measurement is at the Houston
city limit boundary and McHard Road.
"Utility Official" shall mean the Utility Official of the Department of Public Works and
Engineering of the Houston, or any other person who may hereafter exercise the functions of the said
Utility Official under the Ordinance.
"Water" shall mean treated Water from Houston's domestic waterworks system serving its
own inhabitants.
ARTICLE II.
Construction of Facilities
2.01 --Construction by City.
Houston has constructed and is constructing sufficient Water facilities to enable it to deliver
Water to Pearland at the Points of Delivery.
2.02--Construction by Pearland of Certain Facilities.
Pearland shall construct valves, meter vaults, backflow prevention controls and airgaps at the
Points of Delivery in accordance with plans and specifications to be submitted by Pearland and
approved by the Utility Official.
2.03--Time of Completion.
Pearland and Houston agree to proceed with due diligence to construct the facilities described
in Section 2.01, 2.02 and 2.05 as appropriate.
2.04--Points of Delivery.
The Points of Delivery for Water sold under this Contract shall be located at the physical
points of connection to Houston's System as established by the Utility Official and Pearland from
time-to-time. The initial Point of Delivery will be the Houston city limit line and McHard Road.
U:\WPFILES\CONTRAC~EWB\ 1999\ 10906RV I.WPD 2 F-ebmary 21,
2.05--Tap and Meter.
Pearland shall construct, at its sole cost, a tap and set the Water meters under the approval
and inspection of the Utility Official. The Water meters shall be located at such points as 'established
by the Utility Official and Pearland. The initial Point of Measurement will be at the Houston city
limit boundary and McHard Road. Pearland also agrees to provide a telephone and electric
connections at the Points of Measurement for installation of remote meter reading equipment by
Houston. Pearland's Water distribution system shall be chlorinated in accordance with requirements
approved by the Utility Official before any connections are made.
ARTICLE III.
Sale and Delivery of Water
3.01--Delivery of Water.
Subject to the terms and conditions of this Contract, Houston agrees to sell and deliver (or
cause to be delivered) Water to the Points of Delivery established under the provisions of Article
Two, and Pearland agrees to purchase Water at such Points of Delivery during the term of this
Contract.
3.02--Billing and Payment.
All Water delivered to Pearland shall be metered, and Houston shall read the meters and bill
Pearland on a monthly basis. The charge for Water shall be computed in accordance with the rates
for contract treated Water customers established by Section 47~61 of the Ordinance. Billing shall
not begin until commencement of delivery of Water.
Monthly payments shall be calculated in accordance with the formula given in subsection 47-
61(f) of the Ordinances for contract treated water customers receiving treated surface water only.
(For purposes of billing, quantity of Water actually taken or required to be paid for as the "minimum
monthly quantity" is the cumulative net volume of Water passing through all Points of Measurement
during a monthly billing cycle.)
Pearland's initial minimum monthly quantity is 15 million gallons per month. Pearland is
authorized to revise its minimum monthly quantity no more than once each calendar year, or
whenever a connection is made to a new Point of Delivery, by providing notice thereof to the Utility
U:\W PH LES\CONTRAC~IXE W B,d 999~.10906R V l .W pD 3 F~bmary 21. 2000
Official. Provided, however, any revision in excess of 10% of the current minimum monthly
quantity is not effective until approved in writing by the Utility Official.
At the end of each billing period, Houston shall send a statement of charges to Pearland
showing Water taken through the Points of Measurement and the appropriate monthly charges.
During any month period in which Houston is unable to deliver to Pearland the minimum
specified, whether as a result of curtailments or suspensions under Section 5.03 or of a Fome
Majeure as provided in Sections 5.01 and 5.02 hereof, Pearland shall be obligated to pay Houston
only for the quantity of Water delivered to Pearland under this Contract during such month.
Payment of such statements shall be due and payable at P.O. Box 1560, Houston, Harris
County, Texas 77251-1560, on or before the thirtieth (30th) day after receipt of such statement. If
Houston changes the location at which payment is to be made, Houston shall notify Pearland in
writing at the address shown in Section 6.08 hereof.
Although Houston intends that contracts for the sale of Water for out-of-city usage for
domestic and commercial purposes should provide for stable prices, it is recognized that Houston
retains the right to change rates or increase rates to ali customers by amending or superseding the
rates set out in Section 47-61 of the Ordinances for surface Water. It is agreed, however, that such
rates shall not be increased as to Pearland during the term of this Contract unless such increase is
also made applicable to other similar customers taking Water from Houston. Pearland covenants
and agrees to assess user charges or taxes to its customers that will produce revenues sufficient to
discharge their obligations under this Contract.
3.03--Failure to Pay when Due.
Should Pearland fail to tender payment of any amount when due, interest thereon shall accrue
at the rate of ten pement (10%) per annum from the date when due until paid. In the event Pearland
fails to timely tender payment of any amount within the thirty (30) day period established in Section
3.02 hereof, and such failure continues for thirty (30) days after the notice to Pearland of such
default, Houston may suspend delivery of Water, but the exemise of such right shall be in addition
to any other remedy available to Houston.
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3.04--Title to and Responsibility for Water.
Title to, possession, and control of Water shall remain in Houston until it passes through the
Points of Delivery, where title to, possession, and control of the Water shall pass from Houston to
Pearland.
ARTICLE IV.
Term and Related Provisions
4.01--Term.
This Contract shall be in force and effect from and after the date of countersignature by
Houston's Controller and shall expire at noon on the fortieth (40th) anniversary of the date of
countersignature by Houston's Controller unless sooner terminated pursuant to the terms of this
Contract.
ARTICLE V.
Performance by the Parties
5.01 --Force Maieure.
In the event either party is rendered unable, whglly or in part, by Force Majeure, to carry out
any of its obligations under this Contract, it is agreed that upon such party's giving notice and full
particulars of such Force Majeure in writing to the other party as soon as possible after the
occurrence of the Force Majeure, the obligations of the party giving such notice, to the extent it is
affected by Force Majeure and to the extent that due diligence is being used to resume performance,
shall be suspended for the duration of the Force Majeure. Such cause shall, as far as possible, be
remedied with all reasonable dispatch.
5.02-Force Majeure Defined.
The term "Force Majeure", as used herein, shall include, but not be limited to, acts of God,
strikes, lockouts or other industrial disturbances, acts of the public enemy, war, blockades,
insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts,
droughts, tornadoes, hurricanes, arrests and restraints of government and people, explosions,
breakage or damage to machinery, pipelines or canals, and any other inabilities of either party,
whether similar to those enumerated or otherwise, and not within the control of the party claiming
such inability, which by the exercise of due diligence and care such party could not have avoided.
5.03--Construction and Maintenance of Ce[tain Facilities between the Points of Delivery and
Points of Measurement.
With respect to all Water handling facilities (if any) located between the Points of Delivery
and the Points of Measurement, Pearland and Houston specifically agree:
(1) That Pearland shall not permit any tap to be made to such facilities;
(2) That all such facilities, other than the measurement equipment itself, shall be and
remain the property of Pearland;
(3) That Pearland shall take all responsible steps to maintain such other facilities and to
prevent leaks or discharges from such facilities and shall not suffer, permit, cause or
allow any Water to be taken or used from such facilities, except through the
measuring equipment;
(4) That Pearland shall repair any such leak or discharge at once upon receiving notice
thereof and pay Houston the cost of any Water lost by reason of such a leak or
discharge;
(5) That Pearland shall correct or repair' any damage caused by any such leak or
discharge.
5.04--Delivery Limitations
Pearland shall not be guaranteed any specific quantity or pressure of Water whenever
Houston's Water supply is limited or when Houston's equipment may become inoperative due to
unforeseen breakdown or scheduled maintenance and repairs. Houston is in no case to be held to
any liability for failure to furnish any specific amount or pressure of Water. Pearland agrees to
restrict its peak usage 1.0 million gallons for the McHard Point of Delivery of Water per day unless
a higher rate is authorized by the Utility Official. Peak usages at other Points of Delivery will be
determined by the Utility Official prior to connection to the Houston System.
Houston may reduce the supply of Water only in accordance with the laws of the State of
Texas, particularly Section 11.039(a) of the Texas Water Code.
U:\WPFILES\CONTRACI~I!WB[ 1999\ 10906RV l .WPD 6 February 2 l, 2000
ARTICLE VI.
Measuring Equipment
6.01--In General.
At Pearland's own cost and expense, Pearland shall provide, for installation at the Points of
Delivery, measuring equipment, properly equipped with meters and devices of standard type for
measuring accurately the quantity of Water delivered under this Contract, with a capacity to measure
the quantity of Water delivered wit. bin the accuracy tolerance of 2%. Such measuring equipment
shall be approved by Pearland and the Utility Official, but shall become the property of Houston after
installation.
6.02--Access..
During any reasonable hours, Houston and Pearland shall have access to the measuring
equipment. Pearland shall have access to all records pertinent to determining the measurement and
quantity of Water actually delivered, but the reading of the meters for purposes of billing shall be
done by Houston.
6.03--Testing of Meter.
Houston shall maintain the measuring equipment within the accuracy tolerance specified in
Section 5.04 by periodic tests. Houston shall conduct such tests at least once every twelve (12)
months and shall notify Pearland at least forty-eight (48) hours in advance of the time and location
at which tests are to be made. If Pearland requests an additional test within twelve (12) months,
Houston shall charge Pearland an amount equal to Houston's cost to perform such test, unless the
test reveals that the equipment registers one hundred and two (102%) percent or more for a given
flow rate. In addition, Pearland shall have the right to independently check, at its own cost, said
measuring equipment at any time upon forty-eight (48) hours notification to the Utility Official and
opportunity for the Utility Official to witness such tests.
6.04--Results of Tests.
Should the test of the measuring equipment in question show that the equipment registers
either more than one hundred two pement (102%) or less than ninety-five pement (95%) of the Water
delivered for a given flow rote, the total quantity of Water delivered to Pearland will be deemed to
be the average dally consumption as measured by the measuring equipment when in working order,
and the meter shall be calibrated to the manufacturer's specifications (in the case of Venturi meters)
or the AWWA specifications (for all other types of meters) for the given rate of flow, or replaced
by Houston with accurate measuring equipment that is tested before it is placed in service. This
adjustment shall be for a period extending back to the time when the inaccuracy began, if such time
is ascertainable; and if such time is not ascertainable, for a period extending back to the last test of
the measuring equipment or one hundred twenty (120) days, whichever is shorter.
As used in this paragraph, the expression "given rate of flow" means one of the following
selected by the Utility Official for each calibration or test:
1) the total quantity of Water delivered during the preceding period
(usually a calendar month) as reflected by the totalizer, converted to gallons per
minute;
2) high, low, and intermediate rates of flow in the flow range, as
reflected by the flow recording devices;
the applicable minimum monthly quantity convened to gallons per
3)
minute; or
4)
AWWA-specified test flow rates for that size and type of meter.
6.05--Disputes as to Testing
In the event of dispute between Houston and Pearland as to the accuracy of the testing
equipment used by the Houston to conduct the accuracy test, an independent check may be mutually
agreed upon between Pearland and the Utility Official to be conducted by an independent measuring
equipment company suitable to both Pearland and the Utility Official. The cost of such test will be
at Pearland's sole expense.
The Utility Official shall accept the test results of the independent measuring equipment
company, provided that the calibration procedure and test equipment are mutually agreeable to
Pearland and to the Utility Official.
6.06--Check Meters
Pearland may install, at its own cost and expense, such check meters in Pearland's pipe line,
but Houston shall have the right of ingress and egress to such check meters during all reasonable
hours; provided, however, that billing computations shall be on the basis of the results of the
measuring equipment set forth above.
ARTICLE VII.
Miscellaneous Provisions
7.0 l--Quality of Water.
Houston shall provide treated surface Water meeting all applicable Texas and Federal
regulations regarding Water quality, including the Safe Drinking Water Act.
EXCEPT AS PROVIDED IN THIS SECTION 7.01, HOUSTON MAKES NO WARRANTY
EXPRESSED OR IMPLIED, REGARDING THE QUALITY OR DELIVERy PRESSURE OF THE
WATER, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Pearland HEREBY RELEASES AND DISCHARGES HOUSTON FROM ANY AND ALL
FINES, DEMANDS, JUDGEMENTS, LIABILITIES OR CLAIMS ARISING BY REASON OF OR
IN CONNECTION WITH THE DELIVERY OF WATER WHICH MEETS THE
REQUIREMENTS OF THIS SECTION 7.01.
7.02--Ingress and Egress.
During the term of this Contract, Houston shall have the right of ingress and egress in, upon
under and over any and all land, easements and rights-of-way of Pearland on which Houston, with
Pearland's consent, constructs facilities to deliver Water to Pearland.
7.03--Assignments.
This Contract shall bind and benefit the respective parties and their legal successors, but shall
not otherwise be assignable, in whole or in part, by either party without first obtaining written
consent of the other. "Assignment" as used herein means assignment in law or otherwise.
7.04--Subject to Law, etc.
(a) This Contract shall be subject to all present and futures valid laws, orders, roles and
regulations of the United States of America, the State of Texas, any regulatory body having
jurisdiction, and the Charter and Ordinances of the City of Houston, Texas. In order to protect
Houston's System it is specifically agreed that Pearland's System shall be constructed and operated
to comply with the roles promulgated by the Texas Natural Resources Conservation Commission,
the Houston Plumbing Code, and the policy of requirements of the Utility Official regarding
backflow prevention and cross connections. Should a condition in violation of these requirements
be discovered, Pearland shall promptly cure same. On or before the effective date of this Contract,
Pearland shall have installed an air gap at its interconnect, in accordance with the specifications
approved by Utility Official.
(b) On or before one year from the effective date of this Contract, Pearland shall approve
and implement a water conservation program as required by the Texas Natural Resources
Conservation Commission pursuant to 30 T.A.C. §288, as may be amended from time to time.
7.05--No Additional Waiver Implied.
The failure of either party hereto to insist, in any or more instances upon performance of any
of the terms, covenants or conditions of this Contract, shall not be construed as a waiver or
relinquishment of the future performance of any st/ch term, covenant or condition by the other party
hereto, but the obligation of such other party with respect to such future performance shall continue
in full force and effect.
7.06--Inspections.
Pearland agrees that Houston may conduct inspections from time to time to determine that
no conditions exist in Pearland's System and connections to its customers' premises which would or
might adversely affect Houston's System.
7.07--Merger.
This instrument contains all the agreements made between the parties.
7.08--Notices.
Until Pearland is otherwise notified in writing by Houston, the address of Houston is and
shall remain as follows:
City of Houston
Utility Official of Public Works and Engineering Department
P.O. Box 1560
Houston, Texas 77251-1560
Until Houston is otherwise notified in writing by Pearland, the address of Pearland is and shall
remain as follows:
U:XWPHLES\CONTRACffYEWB\ 1999\ 10906RV I .WPD 10 February 21. 2000
City of Pearland
City Manager
3519 Liberty Drive
Pearland; Texas 77581
All written notices, statements and payments required or permitted to be given under this
Contract from one patty to the other shall be deemed given by the deposit in a United States Postal
Service mailbox or receptacle of certified or registered mail, with proper postage affixed thereto,
addressed to the respective other party at the address set forth above or at such other address as the
parties respectively shall designate by written notice.
7.09--Authorship.
The parties agree that this Contract shall not be construed in favor of or against either party
on the basis that the party did or did not author this Contract.
7.10--Parties in Interest.
This Contract shall be for the sole and exclusive benefit of the parties hereto and shall not
be construed to confer any rights fipon any third party. Houston shall never be subject to any liability
in damages to any customer of Pearland for any failure to perform under this Contract.
7.11--Sale of Water Outside Boundaries.
The parties agree that subject to the quantity limitations of Section 5.03, Pearland may sell
Water pumhased hereunder outside its boundaries only if such sale is approved in writing by the
Utility Official. The Utility Official shall grant any such request if he or she determines that the area
is outside Houston's city limits and is not provided water service by Houston.
7.12--Captions.
The captions appearing at the first of each numbered section in this Contract are inserted and
including solely for convenience and shall never be considered or given any effect in construing this
Contract, or any provisions hereof, or in connection with the duties, obligations, or liabilities of the
respective parties hereto or in ascertaining intent, if any questions of intent should arise.
7.13--Approvals.
Unless otherwise provided for herein, any consent or approval of the parties shall be made
by the governing body of each party.
7.14--Enforcement
UAWPF1LES\CONTRACTXEWB\I999\I0906RV 1 WPD 11 Febraary 2 I. 2030
The City Attorney or his or her designee shall have the right to efiforce all legal rights and
obligations under this Contract without further authorization.
7.15--Default and Remedies.
Default shall occur only in the event either party fails to adhere to its respective obligations
hereunder. In such event, the non-defaulting party shall give the defaulting party written notice
describing such default and the proposed date of termination. Such date may not be sooner than the
30th day following receipt of the notice. The non-defaulting party, at its sole option, may extend the
proposed date of termination to a later date. If prior to the proposed date of termination the
defaulting party cures the default, then the proposed termination shall not occur. If the defaulting
party fails to cures such default prior to the proposed date of termination, then the non-defaulting
party may terminate its performance under this Contract as of such date. This Section shall not be
considered as specifying the exclusive remedy for any default, and all remedies existing at law and
in equity are be available to either party.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be deemed to be an original, effective on the date of countersignature
indicated below:
U:\WPFILES\CONTRAC'D, EWB\ 1999\10906RV I .WPD 12 Febma~ 21, 2000
CITY OF HOUSTON, TEXAS
eaa
By:
Mayor
Executed for and on behalf of Cityof
s.,,s
Houston pursuant to author granted b
City Council Ot hnare,No
City Secretary
APPROVED:
iliVistacs
Director, Department f Public
Works and Engineering
Sr. Assistant City Attorney
L.D. File No. 80-98066-02
COUNTERSIGNED
City Co troller
DATE COUNTERSIGNED: b% , / Go. , O O
U:\WPFILES\CONTRACREWB\1999\10906RV1.WPD
13
THE CITY OF PEARLAND, TEXAS
City Manager
Executed for and on behalf of City of
Pearland pursuant to authority granted by
City Council Resolution No.. 2-000 ._ 3S
ATTEST/SEAL:
Secre
PPROVED AS TO FORM:
cxiv\;„ ck,L,
City Attorney
•
OP
February 21, 2000
CITY OF HOUSTON, TEXAS THE CITY OF PEARLAND, TEXAS
By:.
Mayor
Executed for and on behalf of City of
Houston pursuant to authority granted by
City Council Ordinance No.
By:
Mayor
Executed for and on behalf of City of
Pearland pursuant to authority granted by
City Council Ordinance No.
ATTEST/SEAL:
ATTEST/SEAL:
City Secretary
APPROVED:
City Secretary
APPROVED AS TO FORM:
Director, Department of Public
Works and Engineering
APPROVED AS TO FORM:
Assistant City Attorney
Sr. Assistant City Attorney
L.D. File No. 80-98066-02
COUNTERSIGNED BY:
City Controller
DATE COUNTERSIGNED:
U:\W PFI LES\CONTRACT~EWB\ 1999\ 10906RV I WPD J 3 February 21, 2000
0I
Z
WATER AND SEWERS
§ 47-61
pay any rates or charges within the time
allowed or if the customer fails to comply
with the other terms of service applicable
to such customer. Upon such termination,
the connection shall be permanently closed,
locked and disconnected, and the rates and
charges shall cease accruing.
(f) Contract treated water service:
(1) Eligibility and Applications. Any customer
or potential customer is eligible for con-
tract treated water service under this sub-
section if either:
a. Such customer is a municipality or con-
servation and reclamation district or-
ganized under article XVI, section 59
of the Texas Constitution which pro-
poses to resell water purchased from
the city to its customers; or
b. A customer that would otherwise be a
commercial customer having a mini-
mum water consumption equal to at
least one hundred fifty million
(150,000,000) gallons per month.
Applications for contract treated water sar-
vices shall be made or forms prescribed by
the director. Each application shall be ac-
companied by a nonrefundable processing
fee equal to fifty dollars ($50.00).
(2) Contract Requirements. Upon receipt of a
completed application, the director shall se-
cure a written agreement from the appli-
cant, which shall include:
a. The term of the agreement;
b. The minimum monthly quantity of wa-
ter to be taken by the customer. This
minimum for customers other than mu-
nicipalities or conservation and recla-
marion districts shall be at least one
hundred fifty million (150,000,000) gal-
lons per month.
Any customer shall be permitted to re-
designate the minimum monthly quan-
tity no more than once every twelve
(12) months;
c. The designation of the point or points
of delivery;
d. Rates and charges based on subsection
(9;
e. Any special requirements regarding
metering or facilities desired by the par-
ties.
No agreement for contract treated water
service shall be valid unless approved by
the city council.
(3) Rates and Charges.
a. For contract treated water customers
receiving treated surface water only, the
monthly charge shall equal:
P x $1.13
Plus:
(P-M) x [((P/M)-1) × $0.33]
Where: P is the total water delivery to
such customer during the
month expressed in units of one
thousand (1,000) gallons, ex-
cept if the minimum monthly
amount of water specified in
the customer's contract is
greater than P, P shall equal
M; and
M is the minimum monthly
amount of water specified in
the customer's contract ex-
pressed in units of one thou-
sand (1,000) gallons.
b. For contract treated water customers
that do not receive only surface water
fror.~ the city, the monthly charge shall
equal:
P x $1.26
Plus:
(P-M) × [((P/M)-1) × $0.32]
Where: P is the total water delivery to
such customer during the
month expressed in units of one
thousand (1,000) gallons, ex-
cept if the minimum monthly
amount of water specified in
the customer's contract is
greater than P, P shall equal
M; and
M is the minimum monthly
Supp. No. 31, Add. 3257
§ 47-61
HOUSTON CODE
count of water Specified in the
customer's contract expressed
in units of one thousand (1,000)
gallons.
(In the event a billing period is longer or
shorter than thirty (30) days, a daily charge
shall be determined using the formula spec-
ified above, but "P" defined as to average
dally amount of water delivered during the
billing period and "M' defined as the month-
ly minimum divided by thirty (30). Such
dally charge shall then be multiplied by the
number of days in the billing period.)
(Code 1968, 8 49-52; Ord. No. 69-291, § 1, 2-17-69;
Ord. No. 71-598, 8 1, 3-24-71; Ord. No. 72-622, § 1,
4-18-72; Ord. No. 74-220, 8 1, 2-6-74; Ord. No.
75-22, 8 1, 1-7-75; Ord. No. 76-1847, 8 1, 10-20-76;
Ord. No. 77-154, 8 1, 1-25-77; Ord. No. 78-631, 8 3,
3-29-78; Ord. No. 79-2336, 8 1, 12-26-79; Ord. No.
83-19, 8 5, 1-11-83; Ord. No. 86-1663, 88 1--3,
9-17-86; Ord. No. 87-1326, 88 1--3, 8-5-87; Ord.
No. 88-1194, 88 1, 2, 7-6-88; Ord. No. 89-1048, 8 2,
7-5-89; Ord. No. 90-15, 8§ 1~3, 1-10-90; Ord. No.
90-635, 8 153, 5-23-90; Ord. No. 90-861, 88 1--9,
7-11-90; Ord. No. 92-113, 88 1, 2, 2-5-92; Ord. No.
93-314, 88 1--4, 3-24.93; Ord. No. 94.1268, 8 4,
11-22-94)
Sec. 47-62. Reserved.
Editor's note--Former § 47-62, which pertained to water
service charges for premises outside the city limits, was re-
pealed by § 4 of Ord. No. 87-1326, enacted Aug. 5, 1987. The
repealed provisions derived from § 49-53 of the 1968 Code, as
amended by the following:.
Ord. No. Date Section
71.698 3-24-71 1
72-662 4-18-72 2
74-220 2- 6-74 2, 3
75-22 1- 7-75 2
76-1847 10-20-76 2
77-154 1-25-77 2
78-631 3-29-78 4
79-2336 12-26-79 1
83-19 1-11-83 6
84-933 6-13-84 1
85-1191 7-17-85 1
86-1663 9-17-86 4
87-538 4-21-87 3
Sec. 47-63. Minimum monthly charges gen-
erally.
(a) Wherever meters are connected to the city's
water distribution system, the minimum monthly
chiirges called for in section 47-61 of this Code
shall apply (except as otherwise specifically pro-
vided in this chapter), regardless of whether or
not any water is actually used or consumed and
regardless of whether or not the premises to which
connection is made have water service from an-
other source. There more than one (1) meter is
used to serve the premises, the total charge for
water service shall be computed as if each were
connected to separate premises, except a multi-
family residential customer that has established
an umbrella account shall pay the minimum
monthly charge based on the size of its largest
meter only.
(b) The minimum charges called for in section
47-61 of this Code shall be in addition to and not
credited against the charges made for installation
of the meter and m~l~ing connections as provided
elsewhere in this Code.
(Code 1968, § 49-54; Ord. No. 76-1847, 8 3, 10-20-
76; Ord. No. 79-2336, 8 1, 12-26-79; Ord. No. 93-
314, 8 7, 3-24-93)
Sec. 47-64. Minimum charges for--metered
connection for fire sprinkling
systems.
(a) Each person with an unmetered connection
serving an automatic sprinkling system under the
provisions of section 47-4 shall pay the following
monthly service charge for the corresponding size
of the diameter of the service line connected to the
city's water main:
Service Line
Diameter
(inches)
3/4 ................
1~/2 ................
Monthly Service
Charge
$ 0.44
1.10
2.20
3.52
7.70
13.20
27.50
39.60
Supp. No. 31, Add. 3258