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HomeMy WebLinkAbout03685 ORD - 03/10/1954M I V.S: AC :2%24 514 AN ORD11H.,ACE ADOPTING RULES AND REGULATIONS FOR THE OPERATION OF THE UTILITY DEPT: -KENT; F OV 1 D I I']G PROCEDURE FOR SUPPLEMENTING OR P,6IENDING SUCH MULES AND REGULATIONS; PROVIDING FOR ?,N EFFECTIVE DATE. WHEREAS, A STANDARD FORM OF APPLICATION FOR SERVICE, PROCEDURE FOR BILLING RULES GOVEPNING REQUIREMENTS OP DEPOSIT FOR THE SECURITY. OF 'AY- ;icNT OF BILLS, AND RULES FOR P1ET ERI NG AND TESTING OF YIETERS AND OTHER RULES AND REGULATIONS CONCERNING THE OPERATION OF THE DEI"ARTI -0EIIT OF PUBLIC UTILITIES OF THE CITY OF CORPUS CFIPISTII HAVE NOT BEE ?I AVAILABLE IN A STANDARD FORM FOP. FURNISHIIIG TO ALL CUSTOi -iLRS OF THE DEPARTMENT; AND V11HLREAS, IT 15 DESIRABLE TO HAVE AVAI_ABLE FOR INFORMATION OF CUSTOMERS THE P.JLES, REGULATIONS AND STANDARD FORMS CON;.:ERNING APPLICATIONS AND SERVICE AND TO VAKE AVAILABLE TO CUS701MERS THE INFORMATICN CONCERNING SUCH ULES AND REGULATIONS: N0,;, THEREFORE, DE IT ORJ; PIED BY THE CITY COUI'1C I L OF THE CITY Or CORPUS CHRISTI, T"('S: SECT1W 1. THAT FROM AND AFTER THE EFFECTIVE DATE HEREOF, THE RULES AND REGULATIONS HEREINAFTER PROVIDED SHALL BE FOLLOWED BY THE DEPARTMENT 09 ?UELIC UTILITIES OF THE CITY OF CCR:'US :.HR'STI, AND THERE IS HEREBY ADOPTED THE OL L9WI NG RULES AHD CGULATICIJS FOR TH'L OPERATION OF THE DEPARTMENT OF PUS'-IC UTILITIES O,- THE CITY OF COI: ^US CHRISTI, Tz-XAS: a 95 TERMS AND CONDITIONS GOVERNING SERVICE APPLICATION OR CONTRACT FOR SERVICE: ALL APPLICATIONS FOR SERVICE, EXCEPT CERTAIN GOVERNMENT CONTRACTS, SHALL BE MADE ON THE CITY'S STANDARD APPLICATION OR CONTRACT FORM, AND SHALL BE SIGNED BY THE CUSTOMER WHO SHALL BE EITHER THE OWNER OR PERSON ENTITLED TO POSSESSION OF THE PREMISES LEGALLY LIABLE FOR PAYMENT, AND ACCEPTED BY THE CITY BEFORE SERVICE WILL BE SUPPLIED BY THE CITY. THE CITY MAY REFUSE TO SERVE, OR MAY DISCONTINUE SERVICE, TO ANY APPLICANT INDEBTED TO THE CITY FOR ANY SERVICE RENDERED AT ANY LOCATION UNTIL SUCH INDEBTEDNESS IS PAID OR SECURED TO THE SATISFACTION OF THE CITY. RATES: THE RATE SCHEDULE WILL BE ON FILE IN THE PUBLIC UTILITIES OFFICE OF THE CITY, AND COPIES MAY BE OBTAINED BY THE CUSTOMER ON REQUEST. CITY'S RATES WILL BE APPLIED IN ACCORDANCE WITH AND SUBJECT TO THE LIMITATIONS AS SET OUT IN EACH RATE SCHEDULE. ALL RATES ARE SUBJECT TO CHANGE BY ANY REGULATORY OR GOVERNMENTAL BODY HAVING THE LEGAL RIGHT TO DO SO AND WHENEVER THE RATE UNDER WHICH A CUSTOMER IS BEING SERVED IS LOWERED BY CITY OR CHANGED BY ANY REGULATORY BODY, THE RATE AS CHANGED WILL BE APPLIED TO THE CUSTOMER'5 SERVICE UNDER H15 EXIST- ING CONTRACT. OPTIONAL RATES: WHEN MORE THAN ONE RATE IS AVAILABLE, THE CONDITIONS AND CIRCUMSTANCES UNDER WHICH EACH OF SUCH RATES IS AVAILABLE ARE EXPLAINED IN THE PUBLISHED RATE SCHEDULES AND THE SELECTION OF A RATE FROM THOSE AVAILABLE LIES WITH AND IS THE RESPONSIBILITY OF THE CUSTOMER. THE CITY WILD AT THE REQUEST OF THE CUSTOMER, ADVISE WITH AND EXPLAIN TO THE CUSTOMER THE CONDITIONS UNDER WHICH EACH RATE IS AVAILABLE AND ITS APPLICATION TO THE SERVICE REQUIREMENTS OF THE CUSTOMERS BUT THE CITY WILL NOT BE RESPONSIBLE FOR ANY FAILURE OF THE CUSTOMER TO SELECT THE RATE WHICH WILL CONTINUE TO BE THE LOWEST AND /OR MOST FAVORABLE TO THE CUSTOMER AND WILL NOT BE RESPONSIBLE FOR THE CUSTOMER BEING SERVED UNDER THE MOST FAVORABLE RATE AT ALL TIMES. THE CITY WILL NOT MAKE REFUNDS DUE TO THE DIFFERENCE BETWEEN THE AMOUNT OF CHARGES UNDER A RATE SELECTED OR AGREED UPON BY A CUSTOMER AND THE AMOUNT THE CHARGES WOULD HAVE BEEN UNDER ANY OTHER AVAILABLE RATE. A CUSTOMER, HAVING SELECTED OR AGREED TO A RATE, WILL NOT BE ENTITLED TO A DIFFERENT RATE AVAILABLE FOR HIS SERVICE UNLESS AND UNTIL HE REQUESTS IT IN WRITING, AND MAY NOT CHANGE TO ANOTHER AVAILABLE RATE WITHIN THE NEXT SUCCEEDING TWELVE MONTHS PERIOD UNLESS THERE IS A SUBSTANTIAL CHANGE IN THE CHARACTER OR CONDITION OF HIS OPERATIONS AND THE SERVICE USED BY HIM. MONTHLY BILLS: BILLS FOR SERVICE WILL BE RENDERED MONTHLY UNLESS OTHERWISE SPECIFIED. THE TERM "MONTHLY" FOR BILLING PURPOSES SHALL MEAN THE PERIOD BETWEEN ANY TWO CONSECUTIVE READINGS OF THE METERS BY THE CITY SUCH READINGS TO BE TAKEN AS NEAR AS PRACTICABLE EVERY THIRTY DAYS. MONTHLY BILLS ARE DUE WHEN RENDERED AND ARE PAYABLE, UNLESS OTHERWISE SPECIFIED ON OR BEFORE THE DATE SHOWN ON THE FACT OF THE BILL. BILLS NOT PAID BY THIS DATE ARE IN DEFAULT AND SERVICE MAY BE DISCONTINUED FOR SUCH DEFAULT _Z_ FAILURE TO RECEIVE A BILL IN NO WAY EXEMPTS A CUSTOMER FROM PAYMENT OR BILLS OR THE PROVISIONS OF THESE TERMS AND CONDITIONS. WHEN THE CITY 15 UNABLE TO READ A METER AFTER REASONABLE EFFORT, THE CUSTOMER WILL BE BILLED AT THE AVERAGE OF THE LAST THREE PREVIOUSLY MONTHLY BILLS AND THE BILLING ADJUSTED WHEN THE METER IS READ. SECURITY FOR THE PAYMENT OF BILLS AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER CUSTOMER SHALL UPON REQUEST BY CITY, DEPOSIT WITH THE CITY AS SECURITY FOR THE PAYMENT OF BILLS OWING AND TO BECOME OWING AND, WITHOUT LIMITATION BY SUCH STATEMENTo AS SECURITY ALSO FOR THE PERFORMANCE OF ALL OTHER OBLIGATIONS OF THE CUSTOMER, A SUM OF MONEY EQUAL TO TWO AVERAGE MONTHLY BILLS FOR SERVICE FURNISHED OR TO BE FURNISHED, AS ESTIMATED BY THE CITY. IN CASE CUSTOMERS BILLS FOR ANY TWO CONSECUTIVE MONTHLY BILLING PERIODS OF NORMAL OPERATION ACTUALLY PROVE TO EXCEED APPRECIABLY THE AMOUNT OF THE DEPOSIT; THE CITY MAYS AT ITS OPTIONS RE- QUIRE CUSTOMER TO DEPOSIT AN ADDITIONAL AMOUNT OF MONEY SUFFICIENT TO MAKE THE TOTAL AMOUNT ON DEPOSIT WITH CITY EQUAL TO THE AMOUNT OF BILLS FOR SAID TWO CONSECUTIVE MONTHSy AND CUSTOMER AGREES IN SUCH CASE TO DEPOSIT WITH CITY SUCH ADDITIONAL AMOUNT OF MONEY. IN NO CASE WILL THE DEPOSIT FOR ANY ONE SERVICE BE LESS THAN $5.00 PER METER. METERING AND TESTING OF METERS: CUSTOMER SHALL PROVIDE AT A POINT ON HIS PREMISES, TO BE MUTUALLY AGREED UPONy A SUITABLE LOCATION FOR THE INSTALLATION OF METERS AND SUCH OTHER EQUIPMENT AS CITY MAY DEEM NECESSARY TO ENABLE IT TO DELIVER WATER AND GAS HEREUNDER AND PROPERLY PROTECT THE CITY'S PROPERTY ON CUSTOMERS PREMISES AND PERMIT NO ONE TO INSPECT OR TAMPER WITH THE CITY'S INSTALLATIONS APPARATUS AND EQUIPMENTS EX- CEPT THE CITY'S AGENTS AND PERSONS AUTHORIZED BY LAW TO DO 50. ALL BILLS WILL BE agli CALCULATED UPON THE REGISTRATION OF SAID METER OR METERS. SHOULD ANY METER FAIL TO REGISTER, THE WATER AND/OR GAS DELIVERED DURING THE PERIOD OF FAILURE SHALL FOR BILLING PURPOSES BE ESTIMATED FROM THE BEST INFORMATION AVAILABLE. THE CITY WITH OR WITHOUT REQUEST OF THE CUSTOMER MAY INSPECT AND TEST METERS AND WHENEVER ANY TEST SHALL SHOW METER TO BE REGISTERING IN ERROR EXCEEDING 4 %, SUCH METER SHALL BE ADJUSTED WITHIN THE LIMITS OF ERROR SO SPECIFIED AND WHENEVER SAID METERS ARE SO ADJUSTEI)p THE READINGS THEREOF SHALL BE CORRECTEDX AND PAYMENTS BE MADE ACCORDINGLY. NO SUCH CORRECTIONS SHALL BE MADE: AS TO ANY BILL RENDERED BY THE CITY, UNLESS REQUESTED BEFORE THE EXPIRATION OF THE CALENDAR MONTH NEXT SUCCEEDING THE MONTH IN WHICH SUCH READINGS WERE MADE. MAINTENANCE OF METERING EQUIPMENT ON CUSTOMER'S PREMISES AND RESPONSIBILITY FOR INJURIES AND DAMAGE THEREFROM: CUSTOMER SHALL MAINTAIN THE PREMISES IN FULL COMPLIANCE WITH ALL LAWS AND LOCAL ORDINANCES AND THE RULES AND REGULATIONS OF THE CITY EFFECTIVE AT ANY TIME DURING THE TERM OF THIS AGREEMENT. THE DULY AUTHORIZED AGENTS OF THE CITY SHALL HAVE FREE ACCESS AT ALL REASONABLE HOURS TO THE PREMISES OF THE CUSTOMER FOR THE PURPOSE OF INSPECTING INSTALLATIONS AND EQUIPMENTS REMOVING THE PROPERTY READING METERS, AND FOR OTHER PURPOSES INCIDENT TO THE PERFORMANCE OF THIS AGREE- MENT. THE CITY DOES NOT, HOWEVER2 ASSUME ANY DUTY OF INSPECTING THE CUSTOMER'S PLUMBING APPARATUS MACHINERY OR EQUIPMENTS AND WILL NOT BE RESPONSIBLE THERE - FOREy AND IT IS PARTICULARLY UNDERSTOOD THAT THE CUSTOMER ASSUMES FULL RESPONSI- BILITY FOR WATER AND GAS FURNISHED TO HIM AT AND BEYOND THE POINT OF DELIVERY DESCRIBED AS BEING THE POINT WHERE THE WATER AND GAS FIRST LEAVES THE METER AND ENTERS THE LINE PROVIDED AND/OR OWNED BY CUSTOMER, AND AGREES TO PROTECT AND Sys SAVE HARMLESS THE CITY FROM ALL CLAIMS FOR INJURIES AND DAMAGES TO PERSONS AND PROPERTY OCCURRING UPON THE PREMISES OF CUSTOMER EXCEPT WHERE IT IS SHOWN THAT THE NEGLIGENCE OF THE CITY OR ITS AGENTS WERE THE SOLE PROXIMATE CAUSE OF SUCH INJURY OR DAMAGE. . LIMITATION OF LIABILITY OF CITY FOR INJURIES AND DAMAGES: THE CITY WILL NOT BE RESPONSIBLE OR LIABLE FOR INJURIES, AND /OR DAMAGES CAUSED BY OR RESULTING FROM FAILURE TO FURNISH SERVICE OF THE KIND AND AMOUNT CONTRACTED FOR AND /ORS INJURIES AND DAMAGES RESULTING FROM THE PERFORMANCE OR NON - PERFORMANCE OF ANY ACTS OR THINGS BY CITY REQUIRED OF IT OR IN ANYWISE CONNECTED WITH THE FURNISHING OF SERVICE BY CITY, UNLESS IT BE SHOWN THAT THE NEGLIGENCE OF THE CITY OR ITS AGENTS WERE THE SOLE PROXIMATE CAUSE OF THE INJURY OR DAMAGE COMPLAINED OF. AGENTS CANNOT MODIFY AGREEMENTS: NO AGENT HAS AUTHORITY TO AMEND, MODIFY, ALTER OR WAIVE ANY OF THESE TERMS AND CONDITIONS OR TO BIND THE CITY BY MAKING ANY PROMISES OR REPRESENTATIONS NOT CONTAINED HEREIN. -5- CITY STANDARD APPLICATION OR CONTRACT FORM: THE CITY'S STANDARD APPLICATION OR CONTRACT FORM SHALL BE AS FOLLOWS: THE APPLICANT WHOSE SIGNATURE APPEARS HEREON APPLIES TO THE CITY OF CORPUS CHRISTI, PUBLIC UTILITIES DEPARTMENT, FOR THE SERVICE, OR SERVICES IN- DICATED, TO BE SUPPLIED AT THE ADDRESS HEREIN DESCRIBED ANDS UPON REQUESTS AT ANY OTHER LOCAL ADDRESS TO WHICH HE MAY MOVE. THE APPLICANT AGREES TO PAY FOR SAID SERVICES AS BILLS ARE RENDERED THEREFOR IN ACCORDANCE WITH THE RATES RULES AND REGULATIONS AS PROVIDED IN THE CITY CHARTER OR BY CITY ORDINANCES5 OR BY THE TERMS AND CONDITIONS AS SET FORTH BY THE DIRECTOR OF PUBLIC UTILITIES5 AND APPROVED BY THE CITY MANAGER A COPY OF WHICH MAY BE OBTAINED FROM THE PUBLIC UTILITIES OFFICES AND IS ON FILE WITH THE CITY SECRETARY5 AS NOW EXISTING OR AS MAY HEREAFTER BE ENACTED AND IN EFFECT AT THE TIME OF DELIVERY. THE APPLICANT FURTHER AGREES TO RELEASE AND DISCHARGE SAID CITY OF CORPUS CHRISTI FROM ANY LIABILITY FOR DAMAGES SUFFERED (1) BY REASON OF WATER OR GAS OR SEWER SERVICE FURNISHED TO THE PREMISES (2) OR BY REASON OR INTERRUPTION, DISCONTINUANCE OR DISCONNECTION OF SERVICE HEREUNDER FROM ANY CAUSE OTHER THAN NEGLIGENCE BY THE CITY OF CORPUS CHRISTI, OR (3) BY REASON OF THE CONDITION MAINTENANCE, LOCATION, OR EXISTENCE OF ANY OF THE FACILITIES, FIXTURES OR SYSTEMS LOCATED ON OR ADJOINING THE PROPERTY SUPPLIED1 AND BY WHICH SUCH SERVICES ARE FURNISHED OR DELIVERED. THE APPLICANT ACKNOWLEDGES THAT HE 15 THE OWNER OR PERSON ENTITLED TO POSSESSION OF THE PREMISES, LEGALLY LIABLE FOR PAYMENT FOR SERVICES. (NOTE: To BE PRINTED ON THE BACK OF THE IBM SERVICE ORDER CARD FOR CUSTOMER'S SIGNATURE). m SECTION 2. THAT THE ABOVE SET OUT RULES AND REGULATIONS ARE SUBJECT TO CHANGE, AND bIAY BE SUPPLEMENTED OR AMENDED BY WRITTEN DIRECTION OF THE CITY MANAGER AND PUBLI CATI ON FOR ONE (1) DAY IN THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION j. THIS ORDINANCE SHALL TAKE EFFECT ON THE /D AY OF - d , 1954. SECTION 4. THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TII-0E AND PASSED TO ITS SECOND READING ON THIS THE DAY OF 19541 BY THE FOLLOWING VOTE: A. A. LICHTENSTEII< ELLROY KING P. C. CALLAWAY JAMES S. NAI SMI TH W. JAMES BRACE (('v TFIAT THE FOREGOING ORDINANCE WAS READ �- -FOR TT —FIEF SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE CVDAY OF MARCH, 1954, BY THE FOLLOWING VOTE: ' D A. A. LICHTENSTEIN 'ELL ROY KING P. C. CALLAWAY JAMES S. I`IAI SFAITH K .�. JAMES BRACE I /l THAT THE FOREGOING ORDINANCE WAS READ FOTHIRD TIME AND PASSED FINALLY ON THIS THE /D AY OF MARCH, 1954, BY THE FO'_LOWING VOTE: A. r,. LICH1 "ENSTEIN LLLROY KING P. C. CALLAWAY JAMES S. NAISMITH ','J. JAMES BRACE P;:S:i'ED AND APPROVED, THIS THE _ DA ARCH, 1954. ATT MAYOR THE CITY S CH IST I, TEXAS CI Y SECRE ARY ^.PPI CVED ;S T LEGAL FCR4 CITY A TO hIEY 3(�-S