Ord. 0870 09-14-98ORDINANCE NO. 870
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 30-38 OF THE CODE OF ORDINANCES; REPEAUNG PREVIOUS
WATER AND SEWER SERVICE RATE SCHEDULES; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBUCATION AND FOR
CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED
TO ESTABLISH WATER RATES INURES TO THE BENEFIT OF THE PUBUC
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. 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.
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ORDINANCE NO. 870
User - Any person, firm or corporation connected to the City water system for the
purpose of receiving water service.
Section Z. 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 UnJt:
Up to and including first 2000 gallons $9.33 minimum
All over 2000 gallons $1.73 per 1000 gallons
Multi -Unit Residence or Business:
Up to and including first 2000 gallons $8.40 minimum per unit
All over 2000 gallons $1.55 per 1000 gallon usage
The rate of $9.33 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.
Section 3. 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:
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ORDINANCE NO. 870
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 $9.76 minimum for 2000 gallons of water
usage or less and $1.25 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 $1.25 per
1000 gallons of comparable bill for City Water Service. The City will install,
at its 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.
3. Commercial and industrial Users Who Have Waste Water Discharge Split
$etween 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. $9.76 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. $9.76 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
$9.76 minimum for 2000 gallons of water usage or less and $1.25 per 1000
gallons for water usage over 2000 gallons.
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ORDINANCE NO. 870
6. Residential Users Having City Sewer Service but not having, City Water
Service:
If a residential user is connected to the Sanitary Sewer System but not
connected to the Water System, then the private system will be metered at
City expense and the sewer rate will be $1.25 per 1000 gallons of the
comparable bill for City Water Service. $9.76 Monthly Minimum Charge.
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 $9.76 for 2000
gallons of water usage or less and $1.25 per 1000 gallons for water usage
over 2000 gallons.
8. Mufti -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 $8.78 minimum for 2000
gallons of water usage or less and $1.14 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 4. Declaration of Emergency. The Council finds and determines that
the need to establish water 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 5. 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.
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ORDINANCE NO. 870
Section 6. 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 7. 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 8. 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 9. 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 herein above.
Section 10. 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 11. Effective Date. This Ordinance shall become effective at the time
of the October 1998 billing.
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ORDINANCE NO. 870
PASSED and APPROVED on First and Only Reading this the 14TH day of
September A. D., 1998.
ATTEST:
APPROVED AS TO FORM:
C jetfiL
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
SEPTEMBER 14. 19981
Voting "Aye" -
Councilmembers Berger, Beckman,
Seeger, Tetens, and Wilkins.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: SEPTEMBER 16, 1998
EFFECTIVE DATE: SEPTEMBER 26, 1998
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS