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HomeMy WebLinkAboutORD 900114 - Utilities & Services••i f •'!1me AN ORDINANCE AMENDING CHAPTER 23, "UTILITIES AND SERVICES" OF THE CITY OF GEORGETOWN CODE OF ORDINANCES TO PROVIDE FOR ADDITIONS AND DELETIONS, AND AMENDMENTS THERETO FOR PURPOSES OF CONFORMITY TO STATE LAW, EFFICIENCY IN MANAGEMENT AND OPERATIONS, AND COMPLIANCE WITH CURRENT PRACTICES OF THE CITY,* PROVIDING FOR A SEVERABILITY CLAUSE, AND SETTING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Georgetown, Texas, has previously recognized that many provisions of the City Code are out-of-date, no longer appropriate for the current needs of the City, and, in certain circumstance, not in conformance with applicable law, WHEREAS, in light of this recognition, the City Council approved the process of recodification of the entire City Code, including addressing the obsolete provisions, WHEREAS, as a part of this review and process, the following items contained in the ordinance have been identified as those that need to be modified, added, or deleted as provided hereafter,* NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I. The Council adopts the recitals set forth above as true and correct and are adopted herein verbatim as if fully set forth at length. SECTION II. Subsection (A)(11) of Section 23-1 "Rates and Charges for City Service - Schedules" is deleted in its entirety. SECTION III. The following amendments and additions pertaining to Chapter 23 which are specifically described below and shown on Exhibit 14A", attached, are approved. Section 23-1, subsections (B), (C), (F), (G), (I), (J), and (K) are amended,* and Section 23-2, subsections (b), (e), and (f) are amended and, subsections (g) and (h) are added, and SECTION IV. Section 23-33. "Garbage Collection and Charges Therefor Mandatory, Exceptions" of Chapter 23, subsection (a) is amended as follows: "(a) Required. The charges fixed herein for the removal and disposal of all garbage, brush, trash, refuse or other waste material shall be levied by the City against all owners, occupants, tenants or lessees using or occupying any building, house or structure receiving such service. Since the proper and prompt removal of all garbage, brush, trash, refuse matter and other waste materials is essential to the preservation of public health and safety, it is deemed necessary that at least the appropriate minimum charge be levied against every person, owner or occupant, tenant or lessee, using or occupying any premises as a residence or commercial establishment and thus provide for more even and equitable distribution of the cost of this service to the citizenry enjoying the benefits thereof. Where an apartment house or other building is served water through one meter, the person in whose name the water account stands may elect to be responsible for the payment of the garbage fees for all persons in such apartment or building who are subject to the provisions of this article. In the absence of such an election, each tenant in such apartment or building shall be subject to charge for garbage collection with his or her electric bill. Except as provided herein, all owners, occupants, tenants and lessees using or occupying any building, house or structure within the corporate limits of the City of Georgetown shall be required to use exclusively the City's waste disposal services. The City Manager shall establish the hours and days of collection and a complaint procedure." SECTION V. All Ordinances, parts of Ordinances, or Resolutions in conflict herewith are expressly repealed to the extent of such conflict. SECTION VI. If any article, provision, paragraph or part of a paragraph of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part of a paragraph of the remainder of this Ordinance. SECTION VII. This Ordinance shall become effective upon Second Reading and Final Passage thereof. READ, PASSED AND APPROVED on First Reading this 9i day of READ, PASSED AND APPROVED on Second and Final Reading this c2 ay of _ , 1990. Tim Kennedy, ATTEST. City Secretary Diane Callander, City Attorney EXHIBIT "A" That subsection (B) of See. 23�1 "Rates and Charges for City Services Schedules" of Chapter 23 is hereby amended as follows. °°(B) Water Rates Rates shall also apply to all water leaks that may occur on the customer side of the water meter. (1) INSIDE CITY LIMITS Minimum (applicable to all sales for the first 2,000 gallons or less monthly)................$18.50 Cost per 1000 gallons over minimum......$1.55 (2) OUTSIDE CITY LIMITS Minimum (applicable to all sales for the first 2,000 gallons or less monthly)................$26.00 Cost per 1000 gallons over minimum .....$1.87 (3 ) BULK WATER - for water use from fire hydrant meters and all other miscellaneous water usage not regularly billed. Use inside or outside city limit rate as appropriate. (a) A $100.00 deposit is required prior to use unless water is prepaid. (b) (c) (d) (e) Usage is read and billed monthly. Accounts unpaid 15 days after billing date will be closed and the meter removed. Customer is responsible for meter. All other provisions for City utility service shall apply except as provided herein." That subsection (C) of Seca 23r�l. Frequency "Rates and Charges for City Services Schedules" of Chapter 23 is hereby amended as follows* Outside City Limits, wheeled container 1 "(C) Sewer Rates Water Use In Gallons First 3,000 Balance per 1,000 Maximum billing Residential Rates $ 5.00 $1.25/1,000 $36.25 Commercial Rates $10.00 $1.50/11000 No maximum The above charges are computed using the average number of gallons of water used monthly for a three month winter period (December - January -February). The winter average will be calculated annually. Customers may request in writing that the City Manager calculate a winter average. The City Manager shall use a basis for calculation other than that provided herein when such other basis results in an average which is fair and equitable to both the customer and the entire system. Such requests shall be made annually. Anyone receiving City water service and connected to City sewer must pay the above sewer charges. Anyone whose home is both vacant and under contract to sell, will be exempt from paying for sewer service upon application for exemption with the Utility Office." That subsection (F) of _ "Rates and - . - of Chapter 23 is herebyamended follows: (F) Solid Waste Disposal Frequency Per Week Residential (2) Inside City Limits 2 Outside City Limits, no Contractor 1 supplied container Outside City Limits, wheeled container 1 supplied by Contractor Commercial 4 Containers or Bags per pick-up 2 Commercial 4 Containers or Bags per pick-up 3 Per each additional cu.yd./month Churches 1 Schools 5 Waste from clean-ups/building operations/ Brush & Clean Lumber Waste, maximum 4 cu.yds. Per each additional cu.yd. Monthly Charge (1) $ 7.00 9.00 11.00 25.00 50.00 3.00 20.00 150.00 12.50 3.00 Special pick -up -bulky waste, per item 10.00 Bulk Waste - Stoves, refrigerators, water tanks, washing machines, and furniture, and other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for bins or containers, as the case may be. Clean-up collection for special per hour per Commercial Service 2 cubic yards 2 cubic yards 3 cubic yards 3 cubic yards 4 cubic yards 4 cubic yards 6 cubic yards 6 cubic yards 8 cubic yards 8 cubic yards 8 cubic yards 8 cubic yards 8 cubic yards 8 cubic yards 10 cubic yards 10 cubic yards 10 cubic yards 10 cubic yards 10 cubic yards 10 cubic yards and disposal of solid waste 80.00 occasions such as annual festivals, vehicle. including Bin rental: yards - per - 1 time per week $25.00 30 - 2 times per week $45.00 $123.00 - 1 time per we... $35.00 yards - - 2 times per week $68.00 - 1 time per we... $43.00 time) - 2 times per week $74.00 - 1 time per week $53.00 - 2 times per week $95.00 - 1 time per week $63.00 - 2 times per week $110.00 - 3 times per week $158.00 - 4 times per week $200.00 - 5 times per week $237.00 - 6 times per week $270.00 - 1 time per week $73.00 - 2 times per week $133.00 - 3 times per week $187.00 - 4 times per week $237.00 - 5 times per week $281.00 - 6 times per week $320.00 Public Disposal Fee: City customer w/picture I.D. and current sanitation bill with same name. First 3 cubic yards - no charge Next 3 cubic yards - $3.00 per cubic yard Maximum 6 cubic yards per month but no more than 3 deliveries per month Non -customer or non -sanitation customer. Cost per cubic yard - $3.00 Maximum 6 cubic yards per month but no more than 3 deliveries per month Roll -off Service including Bin rental: (3 20 cubic yards - per load $106.00 30 cubic yards - per load $123.00 40 cubic yards - per load $139.00 Delivery charge (one time) $45.00 Front load compactor: (3) Per cubic yard capacity, per scheduled pick-up Compactor rental Roll -off compactor (30 cu. yd.): (3) Per load, as required Monthly rental (3) $3.50 negotiated per customer $160.00 negotiated per customer Unless noted otherwise Limited to 10 bags, containers or bundles as defined in ordinance Service billed directly by City's disposal contractor. If service is rendered during any portion of any month the customer will be required to pay a pro -rated fee for service. Except as provided herein, all owners, occupants, tenants and lessees using or occupying any building, house or structure within the corporate limits of the City of Georgetown shall be required to use exclusively the City's waste disposal services. The City Manager shall establish the hours and days of collection and a complaint procedure. That subsection (G) of See. 23�1. "Rates and Charges for City Services �� Schedules" of Chapter 23 is hereby amended as follows: "(G) Payment and Collection Payments shall be considered timely and not delinquent if the payment is received prior to the due date (fifteen (15) days following the billing date for service), or if payment bears a postmark within such limit, or payment is received in the overnight depository by 8:00 a.m. the following day. When the said due date falls on a weekend or a legal City holiday, such time for payment shall be extended to the next business day. When payment is not received by the due date, a ten per cent (10%) penalty will be added to the account and a final notice will be mailed. If payment is not received within ten days following the due date (or the next business day if a weekend or City holiday), utility service will be discontinued and an additional $20.00 service charge will be added to each account. The customer will be required to pay the account in full, by cash, before services will be reconnected. In addition, the customer may be required to make the standard utility deposit pursuant to Sec. 23-2, Deposits. After a utility bill has been mailed to the address provided by the customer for that account, the customer is responsible for payment. If the customer has not received a bill, the customer is responsible for obtaining the amount of the bill from the Utility Office and for making timely payment." That subsection (I) of - Rates and Charges Services �� Schedules'# of Chapter 23 is hereby amended as follows: "(I) REREAD CHARGES: The City will reread any customer's water and/or electric meter at the customer's request. If the reread meter was correctly read and there was no error on the part of the City, the customer shall be charged $10.00. If the reread meter was read incorrectly, there shall be no charge to the customer." That subsection (J) of Sec. 23�1. "Rates and Charges for City Services �� Schedules', of Chapter 23 is hereby added as follows: (J) Temporary Service. Temporary Service of utilities is available for a five (5) day period at a cost of $35.00, maximum consumption being 100 KWH of electricity and 2,000 gallons of water. Service in excess of those maximum consumption amounts will be billed at standard per unit charges. subsectionThat account or transfer account - normally completed - Rates _ .Service � Schedules" is hereby added as follows.* (K) Other services and charges -- all utility services, (a) New account or transfer account charge....$25.00 normally completed In order to transfer utilities from one location to another any outstanding bill on the current account must be paid prior to transfer even it is not yet past due. The final bill for the original account will be transferred to and be payable on the due date of the new account. (b) After hours connect charge at customer request (charge is in addition to any other applicable charge).....................................$25.00 New or transfer connects are normally completed within one working day of application. (c) A charge shall be imposed for the detection and confirmation of any utility diversion based upon the estimated cost of utility service not recorded on the meter, using the City's best estimated data.. In addition, the customer shall pay the reconnect charge, the actual cost including labor for repairing damage to or replacement of the City's equipment. These charges are in addition to any that are imposed in criminal proceedings. (d) The City may transfer balances due on inactive accounts to active accounts of the same person. The name on the accounts need not be the same if ownership or residence can be established by the City. (e) A customer requesting his utility meter be tested must pay for the actual costs of testing if the meter is found to be working properly. If the meter is found to be malfunctioning, the City will pay for the test and correct the estimated charges on his account with a credit. The charge must be paid by the due date of the bill. Any overcharges will be credited to the account. That subsections (b)., - amended as follows and subsections (g) and are added as shown Deposits" of Chapter 23: "(b) Nonresidential. Unless otherwise specified by this section or by the City Council, nonresidential establishments shall be required to post a utility deposit equal to at least twice the average monthly bill of that establishment or a similar establishment of its kind. The minimum nonresidential deposit shall be one hundred fifty dollars ($150.00). A bank letter of credit containing terms specified by the Director of Finance and Administration may be accepted in lieu of a cash deposit. (e) Deposit after a satisfactory payment history. A utility deposit is not required from a former customer who has previously established a satisfactory payment history with the City of Georgetown during the most recent one-year period during which the customer was previously a customer of the City. A current customer opening an additional account must make the required deposit even though the current account may have a good payment history. (f) Deposit required after termination. A standard utility deposit is required of any utility customer, regardless of payment history, if utility service has been discontinued for nonpayment. Utility customers shall thereafter be entitled to a satisfactory payment history deposit refund upon the completion of the required one®year satisfactory payment history, as computed from the date of reconnect, in accordance with the provisions of this section. (g) One half of the deposit otherwise required may be made for connection of an unoccupied property. If such location is later occupied, the customer must increase the deposit to the standard deposit amount. Should the City independently determine that a property having a reduced deposit is occupied, utility service for that account shall be discontinued. In order to reestablish service, the customer must increase the deposit to the standard amount and pay a reconnect fee. (h) Present customers having a lower than required deposit are not required to increase their deposit amount to the required amount. However, such customers establishing new service or having service terminated due to nonpayment shall be required to make the appropriate deposit."