ORDINANCE NO. 2229


AN ORDINANCE OF THE CITY OF TERRELL, AMENDING CHAPTER 12: UTILITIES; SECTION 4, UTILITY DEPOSITS; SECTION 10: WATER AND SEWER SERVICE LINES; SECTION 13: SEWER USE AND INDUSTRIAL PRETREATMENT; OF THE REVISED CODE OF ORDINANACES OF THE CITY OF TERRELL; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS:

Section I.

That The Revised Code of Ordinances of the City of Terrell, Chapter 12: Utilities, shall be amended as follows:

Section 4: Utility Deposits:
Subsection (2) - Paragraph (4) shall be amended to read as follows:

When and if it becomes necessary to discontinue service to any customer because of nonpayment of his or her utility bill, the City Secretary may require payment of an additional deposit equal to the average of two months' charges for all customers in the same class prior to reinstatement of service.

Section 10: Water and Sewer Service Lines
Subsections (A) and (B) shall be deleted in their entirety and replaced, and Subsections (C), (D), (E), and Subsection (F) shall be amended, all as follows:

(A.) Metered Water Service Lines

(1.) The minimum size water service line shall be 1" in diameter. Other service line sizes shall be as determined by the City Engineer.

(2.) Water service lines 2" in diameter or less shall be domestic made, NSF61 Approved, type K copper tubing, with no joints.

(3.) Water service lines larger than 2" shall be of a material as determined by the City Engineer.

(4.) Each house or building or group of buildings on a separate lot or tract of land shall have a separate water service line connection to a water main abutting the property.

(5.) Two (2) or more small service lines shall not be installed to serve one customer as a substitute for one adequately sized service line.

(6.) The size of water service line required, if larger than the minimum, will be determined by the City Engineer.

(7.) A customer desiring his water service line and/or water meter enlarged, reduced or relocated shall pay for such enlargement, reduction or relocation on the basis of the water line connection charges stated in Section 2 of this chapter.

(8.) Each service line shall have a stop or valve that is easily locked or padlocked.

(B.) Water Meters

(1.) Water meters shall be furnished in the following sizes: 5/8" x 3/4", 1", 1 ½", 2", 3", 4", 6", 8", and 10".

(2.) Water meters 2" and larger shall

(a.) Have a brass strainer before the meter that is removable without removing the water meter.
(b.) Have a flow test port of ¾" or larger.
(c.) Be remote read or touch pad read.
(d.) Be compound, unless otherwise determined by the City Engineer.
(e.) Be a make and model currently used by the City.
(f.) Have isolation valves on the City side and on the customer side of the meter.
(g.) Be of a size as determined by the City Engineer.
(h.) Be 18" or more below grade and in a box or vault.

(3.) Water meters 3" and larger shall be in a concrete vault with a metal hatch for access.

(4.) 5/8" x ¾" water meters shall be on a 1" service line, with a 1"x3/4" copper setter with an angle stop with pad locking wings, just before the meter and in the same box as the meter.

(5.) All water meters are to meet current AWWA Standards for intended use.

(6.) All consumers not otherwise provided for in this chapter shall be supplied with water only when measured through a meter. Meters 2" and under shall be provided by the city. Meters 3" or above shall be provided by the Developer with meter box, bypass, backflow preventers, and detector checks as required by the City Engineer. Water meters and vaults shall become the property of the city once installed to city specifications. The City Engineer shall direct and select the location of installation of all meters.

(7.) Consumers shall install an approved "stop cock" inside the property line, at a location accessible in case of emergency, and shall not use the curb cock at meter in lieu thereof.

(8.) Single-family residences and single-occupancy commercial or industrial facilities shall be served by an individual water meter. Multifamily units, such as apartments, condominiums, townhouses, and trailer parks, or commercial or industrial complexes, which house two or more businesses, such as shopping malls and strip centers, may be served by a master water meter or by individual meters. All multi occupancy units shall have a separate water meter for each unit, but may have one City master meter. All City owned meters shall be placed on the right-of-way of a public street or alley or as approved by the City Engineer.

(C.) Non-metered Water Service Lines
Subsection (1) shall be amended as follows:

(1.) Non-metered water service lines shall be used for fire protection only. A monthly charge for standby protection shall be made in accordance with the fee schedule found in Appendix 1 to this Code of Ordinances.

(D.) Sanitary Sewer Service Lines
Subsection (1) shall be amended as follows:

(1.) The minimum size sanitary sewer service line shall be 4" in diameter. Other service lines shall be as determined by the City Engineer.

(E.) Installation, Ownership and Maintenance
Subsection (1) and (2) shall be amended and Subsection (8) and (9) added as follows:

(1.) All water and sanitary sewer service lines shall be installed by employees of the City of Terrell under the supervision of the Director of Utilities or by a contractor authorized by the City Engineer. Such installation shall include the metered water service line from the water main to the water meter, the non-metered water service line from the water main to the property line, and the sanitary sewer service line from the sewer main to the property line.

(2.) All water meters shall be installed, relocated, and removed by employees of the City of Terrell under the supervision of the Director of Utilities.

Add Subsection (8.) as follows:

(8.) The City Engineer shall determine the size, type, and number of meters and services to be installed or used on any water service to any building or division of space in a building, or property subdivision.

Add Subsection (9.) as follows:
(9.) Repair and Testing Fees

(a.) All water meters furnished by the Water Department shall remain at all times the property of the city and shall be maintained and repaired, when rendered unserviceable through fair wear and tear, and renovated by the Water or Utility Departments. When replacements, repairs, or adjustments of any meter are rendered necessary by the act, neglect, or carelessness of the owner or occupant of any premises, any expense caused to the waterworks thereby shall be charged against and collected from the owner of the premises, and if not paid, services shall be discontinued.

(b.) When any consumer of water is of the opinion that the meter through which the water is supplied is incorrect for any reason, he or she may make application to the Utility Office to have the meter examined and tested at an annually established rate to be determined by the appropriate fee setting official. The Utility Office shall have the duty to test the meter at the earliest convenience, at the following rates;

For ¾' to 2" meter: $15.00

For all larger meters:

The fee shall be based upon the actual cost of the work or a minimum of fifteen dollars ($15.00) whichever is greater.

If any meter of one inch (1") or smaller, upon such test, is found to register over three percent (3%) more water than actually passes through it, based on a series of test over the range of flow recommended by the meter manufacturer, another meter will be substituted therefor, and the above referenced test fee shall be refunded. If any meter larger than 1" in size upon such test shall be found to register over 3% more water than actually passes through it, based on a series of tests over the range of flow recommended by the meter manufacturer, the meter will be repaired or another meter will be substituted therefor, and the above referenced fee will be refunded.

(c.) Whenever a meter is found to be out of order and not registering correctly, the consumer shall be charged with an average daily consumption as shown by the meter registering correctly, but not to exceed three (3) months back.

(d.) Any person shall have the right to request that his or her meter be re-read by the Utility Office. It shall be the duty of the Utility Office to cause the meter to be re-read at the earliest convenience. There shall be no charge for the re-read service unless more than one (1) re-read has been requested within the last twelve (12) month period and if the re-read indicates that the initial meter reading was correct, in which case the person requesting such re-read shall be charged the sum of five dollars ($5.00).

(F.) Relative Locations of Water and Sewer Lines
Shall be amended as follows:

(1.) Water and sewer service lines shall have a minimum separation of nine (9') feet.

Section 13: Sewer Use and Industrial Pretreatment
The following Subsections and paragraphs shall be amended as follows:

(K.) Compliance with Existing Authority
Paragraph (2) shall be amended as follows:

(2.) Unless authorized by the Texas Commission on Environmental Quality, or current State regulating agency, no person may deposit or discharge any waste included in this section on public or private property or into or adjacent to any:
(a) natural outlet;
(b) watercourse;
(c) storm sewer; or
(d) other area within the jurisdiction of the city.

(S.) Exemptions
Paragraphs (1) and (2) shall be deleted in their entirety


SECTION II.

All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

SECTION III.

It is hereby declared to be the intention of the City Council that sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and section of this Ordinance, since the same would have been enacted without such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION IV.


This Ordinance will take effect immediately from and after its passage and the publication of the caption as the law in such cases provides.


PASSED AND APPROVED on first reading this 6th day of July, 2004.
PASSED AND APPROVED on second reading this the 3rd day of August, 2004.


___________________________________
Frances R. Anderson, Mayor

Attest:


_________________________________
John Rounsavall, City Secretary

Approved as to form:


_________________________________
Mary Gayle Ramsey, City Attorney



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