09-B Water & Sewer Rate Ord
DRAFT
ORDINANCE NO.
fattorneylreswork\current\wA TER & Sewer Rate Ord 2007
July 17,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTIONS 34-22(b), WATER RATES,
SECTION 34-23, SEWER RATES, SECTION 34-27, ADJUSTMENT FOR
WATER LOST, SECTION 34-28, DEPOSIT, SECTION 34-29, BILLING,
SECTION 34-30, DISCONTINUANCE OF WATER SERVICE, AND
SECTION 34-32, SERVICE CHARGE OR FEE TO REFLECT CHANGES
RECOMMENDED BY THE 2007 WATER AND SEWER RATE STUDY;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SA VINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on the 30th day of May, 2007, the City Council of the City of Paris, Texas,
received a water and sewer rate study prepared by R. W. Beck, Inc., with certain findings and
recommendations for proposed water and sewer rate increases; and,
WHEREAS, the City Council has determined that it is in the best interest of the City of Paris
and its citizens to implement some of the recommendations from the 2007 Water and Sewer Rate
Study by amending portions of Chapter 34, Water, Sewer, and Sewage Disposal, of the City Code
of Ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PARIS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Subsection (b) of Section 34-22 of the Code of Ordinances of the City of
Paris, Texas, be, and the same is hereby amended to raise the respective rates for water service, the
new Subsection (b) to read as follows:
"Sec.34-22. Water rates.
"* * *
"(b) Charges for water furnished by the City, measured in cubic feet, are established
as follows based upon customer class and meter size and incorporate a base monthly
cost which includes the cost for the first increment of water, and a cost per one
hundred (100) cubic feet or portion of one hundred (100) cubic feet used above the
first increment:
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RESIDENTIAL CLASS
METER SIZE
(Inches)
BASE COST FOR FIRST
INCREMENT
(In Cubic Feet)
SER VICE IN
EXCESS OF BASE
(For EachAdditionallOO Cubic Feet)
3/4 or less
1 and Larger
$ 8.32 for first 200
$40.56 for first 1,000
$ 2.81
$ 2.81
COMMERCIAVINDUSTRIAL CLASS
METER SIZE
(Inches)
BASE COST FOR FIRST
INCREMENT
(In Cubic Feet)
SER VICE IN
EXCESS OF BASE
(For EachAdditionallOO Cubic Feet)
3/4 or less
1 through 2
3
4
6
8 and larger
$ 10.14 for first 200
$ 40.56 for first 1,000
$145.60 for first 3,000
$2,392.00 for first 100,000
$3,588.00 for first 150,000
$4,784.00 for first 200,000
$ 2.81
$ 2.30
$2.30
$ 2.30
$ 2.30
$ 2.30"
Section 3. That Subsections (a) and (b) of Section 34-23 of the Code of Ordinances of the
City of Paris, Texas, be, and the same is hereby amended to raise the rates for sewer service and to
provide alternative winter average calculation, to read as follows:
"Sec. 34-23. Sewer rates - For customers using City water.
" ( a) Charges for sewer service furnished by the City to residential, commercial and
industrial customers shall be based upon customer class and meter size, incorporating
a base monthly cost for the first increment of usage and a cost for each additional one
hundred (100) cubic feet or portion of one hundred (100) cubic feet above the first
increment, as follows:
RESIDENTIAL CLASS
METER SIZE
(Inches)
BASE COST FOR FIRST
INCREMENT
In Cubic Feet)
SER VICE IN
EXCESS OF BASE
(For Each Additionall 00 Cubic Feet)
3/4 or less
1 and Larger
$ 9.36 for first 200
$43.68 for first 1000
$ 3.79
$ 3.79
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COMMERCIAVINDUSTRlAL CLASS
METER SIZE
(Inches)
BASE COST FOR FIRST
INCREMENT
(In Cubic Feet)
SER VICE IN
EXCESS OF BASE
(For Each Additional 100 Cubic Feet)
3/4 or less
I through 2
Larger than 2
$ 12.48 for first 200
$ 43.68 for first 1000
$ 87.36 for first 2,000
$ 3.95
$ 3.95
$ 3.95"
(b) Monthly residential customers' wastewater volume for purposes of assessing
the sewer charge shall be based upon one hundred percent (100%) of the actual
metered potable water consumption averaged for the preceding November, January,
and February consumption, which shall be known as the "flat winter average."
Customers that do not have recorded water usage for each of the winter average
months will have their winter average calculated based on the residential class
average of 625 cubic feet.
* * *"
Section 4. That Section 34-27 of the Code of Ordinances of the City of Paris, Texas, be, and
the same is hereby amended to authorize the Finance Director or his authorized designee to make
adjustments on water accounts and shall read as follows:
"Sec. 34-27 Adjustment for water lost or wasted.
No deduction or adjustment of the charges made for water and sewer service
shall ever be made on account of any water lost or wasted as the result of leaks in
fixtures, frozen pipes or other causes, unless such deduction or adjustment shall be
directed by the City Councilor its authorized representative, the director of finance,
or his authorized designee following a thorough and complete investigation of the
circumstances surrounding such loss or waste."
Section 5. That Section 34-28 of the Code of Ordinances of the City of Paris, Texas, be, and
the same is hereby amended to change the deposits required from purchasers, consumers and
customers of City water, sewer and garbage collection services and shall read as follows:
"Sec.34-28 Deposit to assure payment.
(a) Each purchaser, consumer, or customer of City water, City sewer, or City
residential garbage collection service, as such services are provided by the City under
its Code of Ordinances, shall, at the time of making application for such water,
sewer, or garbage service, make a deposit, with the City, in the following amount:
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(1) Residential consumers and customers of City water, sewer, and/or
garbage service (including transferred accounts), one hundred twenty-
five dollars ($125.00); provided, however, those residential
consumers and customers who wish to transfer their account from one
location to another location served by the City may do so without
increasing their deposit provided that customer has not been on the
Water Department's cutofflist within most recent twelve (12) months
and no more than three (3) times in the last five (5) years.
(2) Business or commercial users, wherein water is not a part of their
business operations, fifty dollars ($50.00).
(3) Residential customers using City garbage collection service only, fifty dollars
($50.00).
(4) Apartment houses, two hundred fifty dollars ($250.00) for the first
two units and fifty dollars ($50.00) for each additional unit, not to
exceed a total of one thousand dollars ($1,000.00).
(5) Convenience store with snack bars and/or fuel pumps and
greenhouse/nursery, one hundred dollars ($100.00).
(6) Cafes, restaurants, and other similar businesses, two hundred fifty
dollars ($250.00).
(7) Car dealerships, service stations, car washers, auto detail shops and
gyms two hundred fifty dollars ($250.00).
(8) Laundries and waste haulers, five hundred dollars ($500.00).
(9) Fire plug meters, one thousand dollars ($1,000.00) or current cost of
meter.
(10) Nursing home/retirement home, tourist courts, hotels and motels,
seven hundred fifty dollars ($750.00).
(11) Any new account or current account requiring special attention or not
falling within one of the categories defined herein shall be required
to provide a deposit in an amount determined by the Director of
Finance or his designee, considering the size of the service
connection, anticipated water billing, prior history of prompt payment
of City accounts, outstanding delinquencies on City accounts, and
other appropriate factors.
(b) The charges for water service, sewer service, and residential garbage service
established by this Article shall be chargeable as a lien and a legal charge against the
deposit made pursuant to this Section. In addition, any extraordinary charges
incurred by the City associated with the customer's water, sewer, or residential
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garbage account shall be chargeable against the deposit made pursuant to this
Section. "
Section 6. That Subsection (a), Section 34-29 of the Code of Ordinances of the City of
Paris, Texas be, and the same is hereby amended to change the billing due dates and delinquent dates
to read as follows:
Sec. 34-29. Billing; when and where payable.
(a) The division shall render bills for readiness-to-serve and water service or for
sewer service furnished by the City to any person on a monthly basis, with such
billing being rendered on or about the same day each month. Bills and accounts shall
be due and payable on or before the fourteenth (14th) day following the billing date
and shall become delinquent on the twenty-second (22nd) day after such billing date.
Section 7. That Subsections (a) and (b), Section 34-30 of the Code of Ordinances of the
City of Paris, Texas be, and the same are hereby amended to shorten the time frame for discontinuing
service once an account is past due and to permit the City Water Department to refuse service until
the account is paid in full and the remaining subsections shall be renumbered accordingly, to read
as follows:
Sec. 34-30. Discontinuance of water service for failure to pay and right of
hearing in connection with same.
(a) If any person shall fail to pay for water, sewer, or garbage collection services
rendered to such person by the City before the expiration of seven (7) days after the
date on which such bill is due and payable, the water service of such person shall be
discontinued, and such service shall not again be restored until such person shall have
paid the delinquent water and sewer bill in full, together with a service fee. It shall
be unlawful for any person, other than a duly authorized employee of the City, to
reconnect such service.
(b) In the case of rental property, should the City incur expenses related to the
removal and disposal of garbage, trash, bulky waste or other property put out for
collection by the City and these expenses are not paid by the renter of the property
or covered by the water deposit, the City may attach those expenses as a lien against
the property and refuse service to the property until such expenses and any accrued
interest is paid in full.
(c) The director of finance of the City is designated the due process hearing officer
for water and sewer accounts and as such will hear and determine matters of
hardship, illness or disability which would justify a payment schedule other than that
fixed by this article.
(d) Water patrons desiring special consideration with regard to the payment and
billing schedule as established by this article must make affidavit showing the
circumstances upon which they request a variance of payment schedule. Such
affidavit shall be delivered to the director of finance who may act solely upon the
affidavit or may set a hearing date and require the water customer to be present for
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the purpose of answering under oath questions concerning the request for variance
of payment schedule. A determination by the director of finance may be appealed to
the City Council.
(e) Any person making false affidavit for the purpose of gaining a variance in water
or sewer payment schedule shall be guilty of a misdemeanor, and be punished as
provided in section 1-6 of this Code."
Section 8. That Section 34-32 ofthe Code of Ordinances of the City of Paris, Texas be, and
the same is hereby amended to change service charges or fees for disconnecting and reconnecting
water service to read as follows:
Sec. 34-32. Service charge or fee.
When it becomes necessary for the water department of the City to disconnect or
reconnect water service the following schedule of charges shall apply:
Schedule
Charge
8:00 a.m. to 5:00 p.m., Monday through Friday. . . . . . . . . . . . . . . . . . . .. $25.00
5:00 p.m. to 8:00 a.m., Monday through Friday. . . . . . . . . . . . . . . . . . . .. $35.00
Saturdays, Sundays and Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $35.00"
Section 9. That the rates established in Sections 2 and 3 above shall be effective with
billings beginning September 1, 2007.
Section 10. All provisions of the ordinances of the City of Paris, Texas in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions ofthe ordinances ofthe City of
Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 11. The repeal of any ordinance or part of ordinances affected by the enactment of this
ordinance shall not be construed as abandoning any action now pending under or by virtue of such
ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as
affecting any rights of the municipality under any section or provisions of any ordinance at the time of
passage of this ordinance.
Section 12. It is the intention of the City Council of the City of Paris that this ordinance, and
every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section,
clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance.
Section 13. Any person violating any of the provisions of this ordinance shall be guilty of
a Misdemeanor and, upon conviction, shall be fined in accordance with Section 1-6 of the Code of
Ordinances and each and every day's continuance of any violation of the above-enumerated
section(s) shall constitute and be deemed a separate offense.
Section 14. That this ordinance shall become effective from and after its passage and
publication as required by law
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