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2008-029-ORD-AMENDING SECTIONS 34-22(B), WATER RATES, SECTION 34-23(A), (B) AND (C), SEWER RATES, SECTION 34-28(A)(9), DEPOSIT, AND SECTION 34-32, DISCONNECTION OR RECONNECTION SERVICE CHARGE AND METER TAMPERING CHARGEORDINANCE NO. 2008 -029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 34- 22(b), WATER RATES, SECTION 34- 23(a), (b) AND (c), SEWER RATES, SECTION 34- 28(a)(9), DEPOSIT, AND SECTION 34 -32, DISCONNECTION OR RECONNECTION SERVICE CHARGE AND METER TAMPERING CHARGE TO REFLECT CHANGES RECOMMENDED BY THE 2008 WATER AND SEWER RATE STUDY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 25th day of August, 2008, the City Council of the City of Paris, Texas, were presented with 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 Water and Sewer Rate Study recommends a two percent (2 %) increase in water rates and a six percent (6 %) Increase in sewer rates be adopted by the City Council; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Paris and its citizens to implement the proposed rates for water and sewer services and some other changes recommended by the 2008 Water and Sewer 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, TEXAS: 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 read in its entirety 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: Page 1 of 6 METER SIZE (Inches) 3/4 or less 1 and Larger METER SIZE (Inches) 3/4 or less 1 through 2 3 4 6 8 and larger RESIDENTIAL CLASS BASE COST FOR FIRST INCREMENT (In Cubic Feet) $ 8.81 for first 200 $42.96 for first 1,000 SERVICE IN EXCESS OF BASE (For Each Additional 100 Cubic Feet) $ 2.98 $ 2.98 COMMERCIAL /INDUSTRIAL CLASS BASE COST FOR FIRST INCREMENT (In Cubic Feet) $10.74 for first 200 $ 42.96 for first 1,000 $154.22 for first 3,000 $2,534.00 for first 100,000 $3,800.00 for first 150,000 $5,067.00 for first 200,000 SERVICE IN EXCESS OF BASE (For Each Additional 100 Cubic Feet) $ 2.98 $ 2.44 $ 2.44 $ 2.44 $ 2.44 $ 2.44" Section 3. That Subsections (a), (b) and (c) of Section 34 -23 of the Code of Ordinances of the City of Paris, Texas, be, and the same are hereby amended to read in its entirety 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: METER SIZE (Inches) 3/4 or less 1 and Larger RESIDENTIAL CLASS BASE COST FOR FIRST INCREMENT In Cubic Feet) $ 9.83 for first 200 $45.86 for first 1000 SERVICE IN EXCESS OF BASE (For Each Additional 100 Cubic Feet) $ 3.98 $ 3.98 COMMERCIAL /INDUSTRIAL CLASS Page 2 of 6 (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: (9) Fire plug meters, one thousand two hundred seventy -five dollars ($1,275.00) or current cost of meter. Section 5. That Section 34 -32 of the Code of Ordinances of the City of Paris, Texas be, and the same is hereby amended to revise service charges or fees for disconnecting and reconnecting water service or making any other service calls and to establish a charge or fee for tampering with a City water meter, to read in its entirety as follows: "Sec. 34 -32. Disconnection or reconnection service charge or fee and meter tampering penalty. (a) When it becomes necessary for the water department of the City to disconnect or reconnect water service or make any other service calls, 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 There shall be no charge for temporary service to a building site; however, at the time of transfer from temporary service to permanent service, the above charge will be made. (b) It shall be unlawful for any person other than a City Water Department employee, City Engineering Department or Public Works Department employee to install, remove, repair, adjust, turn on or off or tamper with a city water meter. (c) A meter tampering charge of one hundred fifty dollars ($150) shall be assessed against any customer that tampers with the city water meter as described below. This charge does not include the cost of any water illegally taken during or following the meter tampering. This fee will be charged and recovered from the account active at the time of the tampering. In cases where there is no current active account, the fee will be charged to the property owner and new service not initiated until the fee is paid. Meter tampering shall include but not be limited to the following: Page 4 of 6 BASE COST FOR FIRST SERVICE IN METER SIZE INCREMENT EXCESS OF BASE (Inches) (In Cubic Feet) (For Each Additional 100 Cubic Feet) 3/4 or less 1 through 2 Larger than 2 $ 13.10 for first 200 $ 45.86 for first 1000 $ 92.77 for first 2,000 $ 4.14 $ 4.14 $ 4.14 (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. Monthly commercial and industrial customers' wastewater volume shall be based upon one hundred (100) percent of the actual metered potable water consumption, except those customers whose wastewater is metered, and their volume shall be based upon one hundred (100) percent of the metered wastewater. The former shall be billed for one hundred (100) percent of the metered potable water and the latter shall be billed for one hundred (100) percent of the metered wastewater. (c) Users desiring to discharge sewage into the City's sewerage system, the strength of which sewage exceeds two hundred fifty (250) parts per million biochemical oxygen demand (BOD), two hundred fifty (250) parts per million of total suspended solids, (TSS), or thirty (30) parts per million of ammonia (NH3), and which is acceptable under article III of this chapter, may do so upon written permission of the city and by paying a monthly treatment charge in the amount of ninety-four cents ($0.94) per pound of biochemical oxygen demand (BOD) in excess of the allowable biochemical oxygen demand (BOD); forty-three cents ($0.43) per pound of total suspended solids (TSS) in excess of the allowable total suspended solids (TSS); and fifty-two cents ($0.52) per pound of ammonia (NH3 ) in excess of the allowable ammonia strength. The city shall make the necessary tests of the user's sewage strength to determine this charge. The charge prescribed by this subsection shall be in addition to the charges prescribed in subsection (a) hereof." Section 4. That Subsection (a)(9) of Section 34 -28 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to increase the amount of the deposit required for fireplug meters to read as follows: "Sec. 34 -28 Deposit to assure payment. Page 3 of 6 1. Broken meter lock; 2. Damaged, broken, or disconnected curb stop; 3. Dialog damaged or disconnected; 4. Meter lock removed; 5. Damaged or broken meter; 6. Meter stolen; 7. Unauthorized connection inserted; 8. Any unauthorized water usage; or 9. Any other damage to City property as a result of tampering activities." Section 6. That the water and sewer rates established in Sections 2 and 3 above shall be effective with September 1, 2008 consumption, and will be reflected in water and sewer billings beginning October 1, 2008. Section 7. 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 of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. 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 9. 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 10. 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 11. Introduced and read on first reading on August 25, 2008, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on September 8, 2008, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 12. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. IIS PASSED AND ADOPTED on second and final reading this 9th day of September, J se Jame Freelen, Mayor Page 5 of ATTEST: �) &fivy-) Nicki Brown, Deputy City Clerk APPROVED AS TO FORM: �/ Kent McIlyar, City A o ney Page 6 of 6