ORDINANCE  NO. 2023-03 – AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS, REPEALING ORDINANCE NO. 2022-07, BY MODIFYING SECTION 11.105 ;TRANSFER STATION HOURS, BY REMOVING WINTER AND DAYLIGHT SAVINGS TIMES FROM SAID ORDINANCE.  

Jan 23, 2024

ORDINANCE  NO. 2023-03

AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS, REPEALING ORDINANCE NO. 2022-07, BY MODIFYING SECTION 11.105 ;TRANSFER STATION HOURS, BY REMOVING WINTER AND DAYLIGHT SAVINGS TIMES FROM SAID ORDINANCE.  

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

Section 1:  The previous ordinance and all repealing of said ordinance as mentioned above, is recorded in the minutes for the City of Seymour and is hereby repealed.

Section 2:               SCHEDULES

A. That the rates or charges for water furnished to customers inside the city limits (including the Extra-territorial Jurisdiction) by the City of Seymour shall be as follows:

Water Residential                              PREVIOUS                    APPROVED                 

Base Rate                                            $27.50                         $29.15                        

Per 1,000 Gallons                               $ 3.96                          $5.01                          

B. That the rates or charges for water furnished to customers by the City of Seymour shall be as follows: (including the Extra-territorial Jurisdiction)

Church/Commercial                           PREVIOUS                    APPROVED                 

Base Rate                                            $34.35                         $36.00                        

Per 1,000 Gallons                               $ 3.96                          $5.01                          

C. That the rate or charges for garbage service to customers inside the city limits by the City of Seymour shall be as follows:

Sewer Rates

Residential per Month   

Base Rate                                                                                            $20.00

Per 1,000 gallons                                                                               $  1.33

Commercial per Month 

Base Rate                                                                                            $25.72

Per 1,000 gallons                                                                               $  1.33

Minimum rate for Sewer Customers                                             $25.72              

(without a city water meter)             

Section 3:                    POLICY STATEMENTS

A. Said Water Capital Improvement Fund to be separately maintained at the sole discretion of the City Council and designated for Water Capital Improvement project only.

B. That the City of Seymour shall prohibit service to any structure constructed in a designated flood plain area after January 12, 1995, the date of public environmental notification in area news media. The City of Seymour may provide service to any structure existing in a flood plain area prior to January 12, 1995.

C. Rules and regulations for water service see Exhibit A.

Section 4:           RULES AND REGULATIONS

A. The utility will require reasonable security for the payment of its bill and shall not furnish service to any customer who is in default in payment of any indebtedness for water usage to the utility. The following procedures are established to ensure the security of payment:

(1) Residential water customers deposit will be $75.00, and a minimum of $125.00 to commercial water customers.

(2) The City of Seymour shall require, or cause to be required, positive and personal identification of any or all persons applying for utility services from the City of Seymour, Texas prior to any connection of said service.

(3) A valid current (within the previous 12 months) letter of credit from an electricity supplier, of not less than one year, showing an excellent record of payment.

(4) If the City of Seymour determines, by a search of records of the City, that any customer applying for service has had previous unpaid balances for City utility service, they may, at their discretion, cause said customer to make additional deposit to the City of Seymour. This applies to both commercial and residential accounts.

(5) In the event any consumer of water within the City of Seymour, Texas, and using such City facilities does not pay the utility charges by the 18th or the first business day thereafter, then the City shall cause such water utility service to go into default mode. In the event of any such disconnection for failure to pay accounts as stated, the customer shall pay to the City of Seymour, a reconnection charge in the sum of $50.00 before such connections shall be reestablished. If it is determined that any disconnected utility meter has been illegally tampered with in any manner by anyone other than a City employee, the meter shall be removed and re-installed, only upon payment of an additional $150.00 service charge. A fine of up to $500.00 will be imposed and charges will also be filed in Municipal Court, under theft of service charge. If Municipal Court is not attended as court ordered, water service will be subject to disconnection until payment of utility service and court cost is received in full.

(6) Refund (applying to both residential and commercial) of deposit for water service will be applied to customer’s bill, upon final disconnection of service.

(A.)  The charge for returned checks or drafts will be $35.00 for each occurrence. After three (3) occurrences, the customer will no longer be able to pay by check or draft for a period of one year.

(B.) Bills will be rendered by the utility office on the 7th day of each month. In the event any customer does not pay the utility bill by the 18th of the month, a 10 % penalty will be applied to their remaining balance. Late notices will be sent out on the 19th of each month, with payment due in full by the 25th.  If payment is not received by the 26th at 10:00 a.m., utility services will be disconnected without further notice.

(C.) Water services will not be turned off for failure of payment on Fridays or any day prior to holidays.

(D.) Average monthly billing for residential or commercial customers is available by executing an average monthly payment (AMP) agreement and is available to those who have had utility at one location for at least one year.

(E.) The ordinary method of connection between the utility’s system shall be in compliance with the National Plumbing Code.

(F.) The utility will, without rental or other charge, furnish a meter for the registration of water usage. The City of Seymour has the right to inspect such meter at any time and to pass such regulations as to testing it as may be necessary to ascertain and ensure its accuracy and efficiency.

(G.) The consumer shall provide and at all times maintain, free of expense to the utility, and at a suitable and easily accessible location within the premises to be supplied with water, sufficient and proper space for the installation of meters and other similar devices of the utility.

(H.) The utility will supply water only through meters or other measuring devices furnished and owned by it. The utility must be notified when the consumer desires to have such meter or other measuring device installed, relocated, changed, or removed.

(I.) The duly authorized agents of the utility shall have access at all reasonable hours to the premises for the purpose of inspecting water lines and meters, removing the utility’s property reading meters and other purposes incident to the carrying out of the contract. The utility, however, does not assume the duty of inspecting the consumer’s water lines or apparatus, and will not be responsible, therefore.

(J.) The consumer shall properly protect the utility’s property on the consumer’s premises, and shall permit only the utility’s agents, and persons authorized by law, to inspect or tamper with the utility’s property.

(K.) The consumer assumes all responsibility for the water usage on the consumer’s premises, and at and from the point of delivery thereof, and for the water lines, apparatus and appurtenances used in connection therewith.

Section 5:                     MISCELLANEOUS SERVICE CHARGE

A. LOCATION CHANGE FEE

If a customer moves from one location to another and the City disconnects and reconnects the water meter, the fee for this service will be $25.00

B. REREAD AT CUSTOMER’S REQUEST

Meters will be re-read at the request of a customer. There will be a fee of $15.00 charged if the original reading was correct. There will be no charge for an incorrect reading, and an adjustment of billing will be made to correct an error in reading.

C. CONNECT FEE

A service charge for connecting utility service (turning utilities on and reading meters) shall be $25.00 during regular office hours, Monday-Friday, 8:00 a.m.-5:00 p.m.

D. RECORDS FOR NON-PAYMENT OF SERVICE CHARGES

Statements will be issued for the service charges herein contained, to be mailed by the 7th of each month following service. Any service charges remaining unpaid thirty days after billing date will be added to utility bills as “arrears”, and failure to pay total bill as stated on utility statement will result in disconnection of utility services.

E. TAP FEES

(1) Water ¾” Tap-$400.00 plus $100.00 for breaking pavement

(2) Water 1” Tap-$550.00 plus $100.00 for breaking pavement

(3) Water 2” Tap-$1,100.00

(4) Water 6” Tap $3,300

(5) Sewer Tap $500.00

F.  AFTER HOURS WATER FEES

A service charge for requesting water to be turned off after regular business hours, shall be $35.00.   

Section 6:          PENALTIES

A. Any person, firm or corporation who violates any provision of this ordinance or who fails, omits, or neglects to obey or comply with any lawful order of Ordinance or any part of this provision thereof, legally promulgated by the City Council of the City of Seymour, Texas, involving any of the matters herein contained upon conviction in a court of competent jurisdiction, shall be fined any sum of money not to exceed $500.00 for each offense; and each day of such violation, omission or neglect to obey or comply with such order of ordinances promulgated hereunder shall be deemed a separate offense.

B. In construing and enforcing the provisions of this ordinance relating to penalties, the act, omission, or failure of any official, agent, servant or employee of any corporation or person acting within the scope of his official duties or employment shall in every case be deemed to be also the act, omission or failure of such corporation or person as herein defined.

C. There will be no free service or use of the facility permitted by anyone, or any entity or business located within the city limits of the City of Seymour, Texas.

Section 7:          

Should any section or part of this ordinance be held and declared unconstitutional and void by a Court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance, unless the part held void is indispensable to the operation of the remaining parts. The City Council of the City of Seymour, Texas, hereby declares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be unconstitutional of it had known or been advised that such parts had been unconstitutional at the time of passage of this ordinance.

Section 8:

A. That the benefits of receiving grant funds in connection with the Water Treatment Project will accrue to all eligible water users.

B. That all residences, commercial businesses, bulk water users, and all other entities, present and future, located within the city limits of the City of Seymour, Texas, is required to use the Seymour Water System facility.

Section 9:

The City Council and City Administrator expressly reserves the right to negotiate contracts for utility abatements, unless contraindicated by bond ordinance, with commercial customers and entities that are by their nature, in the option of the Council, necessities or enhancements for community development. The Council and City Administrator, therefore, reserve the right to waive, abate, or reduce customary charges for utilities as the Council deems appropriate.

Section 10:

That all ordinances, orders, resolutions, or parts thereof previously passed or adopted by the City Council in conflict herewith, shall be hereby, repealed.

Section 11:

This Ordinance shall take effect upon approval by the City Council of the City of Seymour, Texas.

EXHIBIT “A”

Connections, Repairs, Extensions, and Services of Water, Sewer, Garbage,
 and Transfer Station

The City shall install and maintain all service connections and lines from water mains to the customer’s meter (limit 100’) and it shall be unlawful for any plumber or other person to repair or renew a service line from the main to the meter.

It shall be unlawful for any plumber or other person other than City Water Department personnel to tap any water main, make connections with the water main or extend a service line from the main.  Said work shall be done exclusively by the City Water Department personnel and the customer shall pay the customary tapping fee.

The City will extend new service lines one hundred (100) feet or to the nearest property line.  New service line extensions shall be done exclusively by the City Water Department personnel. 

Any extensions beyond one hundred (100) feet shall be installed by the City but paid for the customer and the City will then maintain the lines.

Garbage Service Rates

City Residential                   PREVIOUS                 APPROVED                          

                                                $14.60                       June 1, 2022 $26.00         

                                                                                    June 1, 2023 $30.90         

                                                                                    June 1, 2024 $33.88         

Commercial Garbage Service Rates

3 Yard Containers

                                                PREVIOUS                 APPROVED                          

Once per Week                   $42.90                       June 1, 2022 $70.00         

                                                                                    June 1, 2023 $73.00         

                                                                                    June 1, 2024 $84.51         

Twice per week                   $54.35                       June 1, 2022 $120.00       

                                                                                    June 1, 2023 $136.00       

                                                                                    June 1, 2024 $145.28       

6 Yard Container (NEW)

 Once per Week                                                      June 1, 2022 $100.00       

                                                                                    June 1, 2023 $104.50       

                                                                                    June 1, 2024 $120.97       

Twice per Week                                                      June 1, 2022 $185.00       

                                                                                    June 1, 2023 $193.75       

                                                                                    June 1, 2024 $224.29       

95 Gallon Roll-out

Once per Week                   $22.00                       June 1, 2022 $30.00         

                                                                                    June 1, 2023 $31.00         

                                                                                    June 1, 2024 $35.39         

D. Residential and Commercial Garbage Service rates for those customers previously billed through the City of Seymour, but not residing within the City limits, will be set by the garbage provider at an Open Market Rate

E.  Those who wish to use the Seymour Transfer Station may do so by obtaining an Outside City Garbage Account through the City of Seymour City Hall utilities department.  Outside City Garbage accounts will be charged at the same monthly rate as Residential Customers, allowing them use of the Seymour Transfer Station in the exact same manner as inside city limit residents.

TRANSFER STATION RATES

Residents Billed a Monthly Garbage Fee

TRASH                                               PREVIOUS                APPROVED              

Bagged Trash                                   FREE                           $5.00                        

8ft Trailer or Under                       FREE                           $5.00                        

9ft to 16ft Trailer                            $5.00                         $10.00                      

Over 16ft Trailer                             $10.00                       $15.00                      

Dump/Commercial Like Truck    $20.00                       $25.00                      

BRUSH                                               PREVIOUS                APPROVED              

Per Pickup Load or Smaller          FREE                           $5.00                        

Trailer up to 16ft                            FREE                           $10.00                      

Trailer over 16ft                             $15.00                       $15.00                      

Commercially Billed Monthly Garbage Fee Customers

TRASH                                               PREVIOUS                APPROVED              

Bagged Trash                                                                       5.00                           

Pickup Loads                                   $15.75                       $25.75                      

Trailer Loads                                    $2.65/ft                    $4/ft                         

Commercial Bobtail Loads           $68.25                       $78.25                      

Dump/Commercial Like Truck    $20.00                       $25.00                      

BRUSH

Trailer up to 16ft                            $40.00                       $50.00                      

Trailer over 16ft                             $60.00                       $70.00                      

Dump/Commercial Like Truck    $80.00                       $90.00                      

TARP FEE                                                                              $25.00

All loads must be sufficiently tarped, covering the entire load.  Untarped or insufficiently tarped loads will be assessed a fee.

NO ACCOUNT DUMP ONE-TIME FEE                           $40.00

DUMP TRUCKS & TRAILER CHARGES

F. Specifying charge for disposal of City Dump Truck                                            $65.00

Loads for city trucks that are parked for city residents in the evening or weekend.

Flat – Bed Trucks are FREE during clean up week, upon availability.

G.  Specifying charge for disposal of City 16ft Trailer                                            $30.00

Loads for city trailers that are parked for city residents in the evening or weekend or call ins to City Hall requesting loads to be picked up.

SHINGLE RATE FEES

H.  Specifying charge for disposal of shingles

Shingles per Ton                                                                 $80.00

This will require an empty weight ticket, and a loaded weight ticket.  

Transfer Station hours of Operation

Section 11.105 – TRANSFER STATION HRS

Hours of operation for the transfer station are hereby re-established as follows:

Holidays- closed

Sunday and MondayTransfer Station is closed

Tuesday through Saturday – 10:00 a.m. – 5:00 p.m.   

Tuesday through Saturday – 10:00 a.m. – 5:00 p.m.

**Transfer Station may be closed from 12 noon – 1:00 p.m. for lunch during operating hours**

Changes to the Transfer Station as of _________________, 2023.2

Admittance:  Tobe able to dump at the Transfer Station you will need:

∎   A copy of your most recent utility bill

∎   Your driver’s license or photo ID

∎   Customers will need to exit their vehicle and enter into the office to receive their ticket to dump

Billing:  Cost associated with dumping will be charged to the utility account holder. No one will be allowed to bill to another person unless that person is present. Statements of Work will no longer be accepted.  No person, commercial account, or entity will be allowed to dump for free.  Any and all previous agreements will be null and void as of June 1st, 2022. Any and all requests/questions need to be made to the City Administrator, Dr. Jeff Brasher during regular business hours at City Hall, 301 N. Washington by phone 940-889-3148, in-person, or email.

Outside City Limits Residents: Those living outside the City of Seymour limits wishing to utilize the transfer station, may do so by creating a “Garbage Account” through the City of Seymour utilities department.  The cost of said account will reflect the current residential pricing schedule for Trash Services.  Beginning June 1st , 2022 and that price will be $26.00, however, will increase annually each June 1st for the following 2 years, as will this Outside City Limits Garbage Account.  This account allows you to use the transfer station at the same rate as a resident.  Billing will occur monthly and due date for payments will be the 18th of each month. 

Fees: Tarp Fees

There will be a Tarp Fee enforced for all loads brought to the Transfer Station either completely without a tarp and for those inefficiently tarped.  Tarps need to cover the load completely so that no litter is able to escape.  The Tarp Fee is $25.00 and will be billed to the utility account holder.

One-Time Dump Fee       

Loads that are not accompanied by an account holder will be allowed to dump only once. The name of the individual and the vehicle license plate number will be recorded so that they may not be allowed to use the transfer station again without an account.  The One-Time Dump Fee will be $40.00 cash only.

The City Secretary of the City of Seymour, Texas is hereby directed to publish this Ordinance in the official newspaper at least once within 10 days after the passage of this ordinance.  This Ordinance will become effective and in full force after its passage and publication as required by law, and it is so ordained.

PASSED AND APPROVED ON MARCH, 16, 2023.

___________________________________  

Mayor Jon Hrncirik, City of Seymour

Attest:

____________________________________

City Secretary, Conchita Torrez, TRMC