[HISTORY: Adopted by the Borough Council of Montgomery Borough
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-26-1968 by Ord. No. 97 (Ch. XVIII, Part 1, of the 1996 Code
of Ordinances)]
A.
AUTHORITY
BOROUGH
CUSTOMER
MAIN
WATER RENTAL UNIT
(1)
(2)
(3)
(4)
(5)
(6)
USER
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The Montgomery Water and Sewer Authority.
The Borough of Montgomery.
The owner/applicant for water service at one household or
business and who enters into an agreement therefor.
[Amended 12-14-2004 by Ord. No. 2004-6]
The Authority-owned or leased piping appurtenances, in or
along public highways and streets, or along privately owned right-of-way,
used for the transmission or distribution of water to its customer.
Each family dwelling unit or the equivalent which is served
by the Borough water system:
[Added by Ord. No. 1982-1]
A single-family dwelling: one unit.
Each family apartment or business suite in a multiple dwelling
or office building: one unit.
Each half of a double house: one unit.
Each restaurant, club, bar, grill, service station, food market
and garage: one unit.
Each retail store, beauty parlor, barber shop or business or
professional office not herein otherwise classified: one unit.
Each industrial establishment, school or nursing and convalescent
home: one unit.
Property owner, whether the property is owner or tenant occupied.
[Added 12-14-2004 by Ord.
No. 2004-6]
B.
Written application by owner or tenant.
(1)
Water service connections will be made upon written application signed
at the Borough Office by the property owner, or his properly authorized
agent. Water service will be furnished, upon written application signed
by the property owner. Blank forms for all applications will be furnished
by the Borough, and all applications must receive the approval of
the Borough before connection is made, or either class of service
furnished.
(2)
No application for service will be accepted by the Borough until
the applicant has paid, or made satisfactory arrangements to pay,
all arrears and charges due by the applicant at any premises now or
hereafter occupied by him.
(3)
The accepted application shall constitute a contract between the
Borough and the applicant, obliging the applicant to pay to the Borough
its rates, as established from time to time, and to comply with its
rules and regulations.
(4)
Applications for service connections will be accepted, subject to
there being existing mains in streets or rights-of-way abutting the
premises to be served.
(5)
When a prospective customer has made application for a new service,
or has applied for the reinstatement of an existing service, it is
assumed that the piping and fixtures on the applicant's premises
are in good condition, and the Borough and the Authority will not
be liable in any event, for any accident, breaks, or leakage arising
in any way in connection with the supply of water or failure to supply
same, or the freezing of water pipes or fixtures of the customer,
nor for any damage to the property which may result from the usage
of water supplied to the premises.
(6)
A new application must be made and approved by the Borough upon any
change in ownership of the property, or in the service, as described
in the application, and the Borough shall have the right, upon 10
days' written notice mailed to the property owner, to discontinue
the water supply until such new application has been made and approved.
Whether or not the property is owner occupied or leased to a tenant,
the owner of the property is solely responsible for payment of any
water bills.
[Amended 12-14-2004 by Ord. No. 2004-6]
(7)
Property owners desiring an abatement from water bills for vacancies
shall report same, in writing, to the Borough Office. All vacancies
shall date from the day the same is received. When a property is reported
vacant, an allowance will be made for the period of vacancy, but not
less than 1/2 a quarter. The Borough reserves the right to discontinue
service to any vacant property.
(8)
Industrial and commercial establishments making application for water
service in addition to making written application for such services
shall furnish a detailed description of the type and size of buildings,
the nature of the business to be conducted in each structure, and
the number and type of fixtures to be served. Such applicants shall
also furnish the Borough four copies of plans showing:
C.
Renewal of service. Service will be renewed under proper application
when the conditions under which such service was discontinued are
corrected and upon payment of the applicable charge.
D.
Owner and tenant to sign. Where a water connection has been previously
installed and service is desired, a proper application shall be signed
by the owner.
[Amended 12-14-2004 by Ord. No. 2004-6]
A.
General. Deposits may be required from customers taking services
for a period less than 30 days, in an amount equal to the estimated
gross bill for such temporary period, plus the cost of making and
discontinuing such service. Deposits may be required from any other
customer who becomes habitually delinquent, provided that in no instance
will deposits be required in excess of the estimated gross bill for
any single billing period plus one month with a minimum of $22.
B.
Deposit not to apply to current bill. Any customer having paid a
deposit shall pay bills for water service as rendered, in accordance
with the rules of the Borough, and the deposit shall not be considered
as payment on account of a bill during the time the customer is receiving
service.
C.
Return of deposits. Deposits shall be returned to the depositor when
he shall have paid undisputed bills for service for a period of 12
consecutive months; and any customer having secured the return of
a deposit will not be required to make a new deposit, unless the service
has been discontinued and the customer's credit standing impaired
through failure to comply with the Borough's rules.
D.
Disputed bill:
(1)
The payment of any disputed bill, within the meaning of these rules,
shall be payment of the bill with or without penalty, within 30 days
following the period for which the bill was rendered, or payment within
30 days following presentation of the bill, or the payment of any
contested bill, payment of which is withheld beyond the period herein
mentioned if the dispute is terminated substantially in favor of the
customer, and if payment is made by the customer within 10 days thereafter.
(2)
No interest will be paid on deposits.
[Amended 12-12-1995 by Ord. No. 1995-21]
A.
By customers. All agreements covering water service shall continue
in force unless and until receipt of reasonable notice in writing
of a desire to terminate the contract. Water service to any premises
will be terminated upon the written order of the applicant, without
in any way affecting the existing agreement for service.
B.
By Borough:
(1)
Service may be discontinued for any of the following reasons:
(a)
Misrepresentation in application.
(b)
Willful waste of water through improper or imperfect pipes,
fixtures, or otherwise.
(d)
Use of water for any other property or purpose than that described
in the application.
(e)
Molesting any service pipe, meter, curb stop cock or seals,
or any other appliance of the Borough.
(f)
Vacancy.
(g)
Neglecting to make or renew deposits, or for nonpayment of any
charge accruing under the application.
(h)
Refusal of reasonable access to the property for purposes of
inspecting or for reading, caring for, or removing meters.
(i)
Making, or refusing to sever, any cross-connection between a
pipe or fixture carrying water furnished by the Borough, and a pipe
or fixture carrying water from any other source.
(j)
Violation of any rules of the Borough.
(2)
Penalties:
(b)
For the violation of Subsection B(1)(e) of this section, the Borough may assess a penalty of $25.
(c)
If any person trespasses upon the reservoir to its injury, or
injures any of the works or pipes or anything pertaining to the waterworks
of the Borough, or willfully or negligently wastes water from any
plug or hydrant, or turns off or on water at any stop cock or valve,
each person so offending shall be guilty of an offense and, for every
such offense, shall be sentenced to pay a fine of not less than $50
nor more than $600 and costs of prosecution and, in default of payment
of fine and costs, to undergo imprisonment for not more than 30 days.
(d)
No fire hydrant shall be opened or operated for any purpose
without permission, in writing, from the Borough under the penalty
prescribed by law, except in case of fire. Fire companies desiring
to test hydrants or fire-fighting equipment will first obtain permission
from the Borough.
C.
Turn off. The customer shall not turn the water on or off at any
corporation stop, curb stop, or meter valve; or disconnect or remove
the meter, or permits its disconnection or removal, without the written
consent of the Borough.
D.
Due to emergency. As necessity may arise in the event of breakdown,
emergency, or for any other unavoidable cause, the Borough shall have
the right to cut off the water supply temporarily, in order to make
necessary repairs, connections, etc., but the Borough will use all
reasonable and practical measures to notify the customer of such discontinuance
of service. In such case, the Borough shall not be liable for any
damage or inconvenience experienced by the customer, or any claim
against it at any time for interruption in service, lessening of the
supply, inadequate pressure, poor quality of water, or for any causes
beyond its control. When the supply of water is to be temporarily
interrupted, notice will be given, when practicable, to all customers
affected by the temporary interruption of service stating the probable
duration of the interruption, and also the purpose of the interruption.
E.
Reserve supply. The Borough shall have the right to reserve a sufficient
supply of water at all times in storage, to provide for fire and other
emergencies, or may restrict or regulate the quantity of water used
by the customer in case of scarcity, or whenever the public welfare
may so require.
No responsibility. It is agreed by the parties receiving public
fire service, private fire service, or any other service that the
Borough does not assume any liability as insurer of property or person,
and that the Borough does not guarantee any special service, pressure,
capacity, or facility, other than is permitted by the ordinary and
changing operating conditions of the Borough, as the same exists from
day to day. It is agreed by the parties receiving service that the
Borough shall be free and exempt from any and all claims for injury
to any persons or property by reason of fire, water, failure to supply
water pressure or capacity.
[Amended 5-4-1982 by Ord.
No. 1982-4]
A.
Place of payment. Bills are payable at any office or paying agency
as designated by the Borough.
B.
Bills rendered and due.
[Amended 12-14-2004 by Ord. No. 2004-6]
(1)
Regular meters and industrial consumers' meters will be read
monthly and billed monthly. In case of fire service, bills will be
rendered on or about the first day of every month. All bills are due
and payable on presentation and delivery.
(2)
All customers connected to the water system will be billed and shall
pay monthly the minimum charge or estimated charge, whichever is applicable,
plus any excess amount due over the minimum allowance.
C.
Delinquent bills. If a bill remains unpaid for 30 days after being
classed as delinquent, service may be discontinued at any time after
having given not less than 10 days' written notice by mail to
the property owner, and a lien may be filed against the property,
and further provided, that if the premises are tenant occupied, the
landlord must be given at least 37 days' written notice by mail
of intent to discontinue water service, and the tenant must be given
at least 30 days' written notice by mail of intent to discontinue
water service.
[Amended 12-14-2004 by Ord. No. 2004-6]
D.
Abatement. No abatement on meter bills will be made for leaks or
for water wasted by damaged fixtures.
[Amended 5-24-1971 by Ord. No. 1971-10]
A.
Turn-on charge. When water has been turned off from any premises
because of violation of the Borough's rules, or for nonpayment
of a bill, a charge of $20, payable in advance, will be made for again
turning on the water. No charge will be made for turning on the water
for an original connection.
[Amended 12-14-2004 by Ord. No. 2004-6]
B.
Reasonable access. The properly identified authorized agents of the
Authority and Borough shall have the right of access to the premises
served, at all reasonable hours, for the purposes of reading meters,
examining fixtures and pipes, observing the manner of using water,
and for any other purpose which is proper and necessary.
C.
Prohibited acts. No plumber, owner, tenant or other unauthorized
person shall turn the water on or off at any corporation stop, curb
stop, or meter valve, or disconnect or remove the meter without the
written consent of the Borough.
D.
No oral agreements. No agent or employee of the Borough has authorization
to bind it to any promise, agreement or representation not provided
for in these rules.
E.
Damage claims.
(1)
In all contracts for general or special water service, it is expressly
understood and agreed that no claims will be made against the Borough
or Authority for damage to life or property, by reason of the breaking
of any service pipe, water fixture, meter or appliance within the
customer's premises, unless caused by the negligence of the Borough
or Authority or their employees, nor for any damage done due to the
failure of the water supply for any cause beyond the Borough's
and the Authority's control.
(2)
All consumers having boilers upon their premises, depending upon
the pressure of the water in the Borough's and Authority's
pipes to keep them supplied, are cautioned against danger of collapse,
and all such damage must be borne exclusively by the consumer.
(3)
No water will be furnished to any premises where any possibility
exists of the mingling of the water furnished by the Borough with
water from any other source. Nor will the Borough permit its mains
or service pipes to be connected in any way to any piping, tank, vat
or other apparatus containing liquids, chemical, or any other matter
which may flow back into the Borough's service pipes or mains,
and consequently endanger the water supply.
F.
Changing of rules and regulations. The Borough reserves the right
to change or amend, from time to time, these rules and regulations,
and the rates for water service.
G.
Service lines. The Borough will make connections to its mains, furnish,
install and maintain all service lines to and including curb stop
and box, which will be placed inside the curbline; or alternately
to a meter pit which shall be located inside the property line; all
of which service lines shall remain the sole property of the Authority,
and shall not be trespassed on or interfered with in any respect.
The applicant shall pay a connection charge of $65 for each connection
installed by the Borough. In addition to the charge stated above,
there shall also be paid to the Borough the cost of any permit fee
and any additional charge for restoration of sidewalk or street paving.
H.
Size and kind of service line. The Borough reserves the right to
determine the size and kind of service line from the main to the curb
stop, or meter pit, and from the curb stop or meter pit to the property
to be served. Type K copper, flared underground type, shall be used
throughout for services up to and including three inches in diameter.
For larger services, cast iron pipe meeting AWWA standards for Class
150 water pipe shall be used. The pipe from the curb stop, or meter
pit, to the property shall be furnished, installed and maintained
by the owner of the property, shall be laid in a straight line at
right angles to the curbline, within the building limits of structures
to be served, and shall be at least four feet below the surface of
the ground, when final grading of the property has been completed.
If a customer wishes a connection of a larger size service line from
the main to the curb stop, or meter pit, than the Borough considers
necessary, he shall pay the difference in cost between the larger
size line and the size deemed necessary by the Borough.
I.
Separate trench.
(1)
No service pipe shall be laid in the same trench with gas pipe, drain
or sewer pipe, or any other facility of any public service company,
nor within three feet of any open excavation, vault, cesspool, or
septic tank; nor shall the location be in conflict with any sidewalk
or driveway running at right angles to the front of the building.
(2)
The Borough will make all necessary taps to the main and furnish
curb stop and curb box for all new service lines and all replacement
service lines as well as the service line between the main and the
curb box. The property owner, at his expense, will furnish, install
and maintain new and replacement service lines from the Borough curb
box to and including the owner's premises. All work shall be
done under the supervision of an authorized representative of the
Borough.
J.
Maintenance by customer. All connections, service lines and fixtures
furnished by the customer shall be maintained by him in good order,
and all valves, meters and appliances furnished and owned by the Authority
or Borough, and on the property of the customer, shall be protected
properly and cared for by the customer. All leaks in the service or
any other pipe or fixture in or upon the premises supplied must be
repaired immediately by the owner or occupant of the premises. The
customer shall be responsible for notifying the Borough of the party
engaged by said customer to do any maintenance work on the customer's
service line, prior to work being commenced, and said party shall
not backfill any trench until the work has been inspected and approved
by the Borough's representative. Any work not acceptable shall
be immediately removed and replaced by work which is acceptable.
K.
Borough and authority not responsible. The Borough and the Authority
shall, in no event, be responsible for maintaining any portion of
the service line owned by the customer, or for damage done by water
escaping therefrom; or from lines or fixtures on the customer's
property; and the customer shall at all times comply with applicable
regulations with respect thereto, and make changes therein, required
by reason of changes of grade, relocation of mains, or otherwise.
L.
Property supplied by single service line. A service line from the
curb stop, or meter pit, to a property shall not supply more than
one property, as described below, but any such property, upon proper
application of the owner, may be supplied by two or more meters, each
of which, for billing purposes, shall be considered as being one customer
account, and provided that the supply to each such meter has an individual
control at or near the curb. viz:
(1)
A dwelling house, either detached, or one side of a double house,
or a house in a row of houses; provided, that a garage, a conservatory
and similar structures accessory to the life of one family shall be
considered as a portion of the dwelling.
(2)
An industrial, or commercial, or manufacturing establishment.
(3)
A building separated from adjacent buildings by a party wall or party
walls, and comprising apartments or stores or offices or any combination
thereof.
(4)
A detached building comprising apartments or stores or offices, or
any combination thereof.
M.
Single service line with two or more customers. Where two or more
customers are now supplied through a single service line, any violation
of the rules of the Borough, with respect to either or any of said
customers, shall be deemed a violation as to all, and unless said
violation is corrected after reasonable notice, the Borough may take
such action as can be taken for a single customer, except that such
action will not be taken until an innocent customer, who has not violated
the Borough's rules, has been given a reasonable opportunity
to attach his pipe to a separately controlled service connection.
Special application. A supply of water for building or other
special purposes, except on a lot or premises already supplied with
a metered water connection, must be specially applied for. All applications
for water for building purposes, when water is not supplied through
a meter at meter rates, must be signed by the owner, or his duly authorized
agent, and shall be interpreted to mean that the water is to be used
from a builder's hydrant, and shall not be introduced into any
of the house fixtures.
[Amended 7-15-1974 by Ord. No. 1974-3]
A.
Furnished by Borough. All water meters will be furnished and installed
by the Borough, and will remain the property of, and under the control
of, the Borough or Authority and will be accessible at all times.
B.
All water services shall be metered. Each water service from curb
stop, or meter pit, to a property shall be metered. The Borough reserves
the right to determine the size and location of the meter.
C.
Location. After the applicant has provided space for the meter, which
will be readily accessible, and will provide proper protection for
the meter, and has had the plumbing arranged to receive the meter,
at a convenient point approved by the Borough, and so positioned as
to meter and control the entire supply, the Borough will have the
meter set. In cases where it is not practical to place the meter within
a building, a brick, concrete or other approved meter box or pit,
fitted with a suitable and approved type of iron cover, shall be built
inside the property line by the customer. The size and dimensions
of the pit or box shall be approved by the Borough, provide adequate
access to the meter, and permit its ready installation or removal.
D.
Valves required. A wheel-handled round-way stop cock or gate valve
shall be placed by the customer on the service line directly ahead
of the meter, and a stop and waste cock or valve on the outlet side
of the meter. A suitable and approved check valve should be placed
by the customer, between the stop and waste cock or valve and the
meter. When a check valve is installed, a safety valve should be inserted
at some convenient point in the house piping, to relieve excess pressure
due to heating water.
E.
Responsibility for damage.
(1)
Meters will be maintained by the Borough so far as ordinary wear
and tear are concerned; but damage resulting from freezing, hot water,
or external causes due to the negligence of the customer, shall be
paid for by the customer.
(2)
Upon notice from property owner that a vacancy exists, the property
owner must notify the Borough when the property will be open, so that
the water meter can be removed. Failure to do so will result in the
property owner being entirely responsible for damage to the water
meter by freezing or otherwise.
(3)
Consumers must at all times properly protect meters from frost or
other damage, and shall be held responsible for repairs to meters
necessitated by their negligence. The cost of any such repairs made
by the Borough will be billed to the consumers and, upon failure to
pay, water service shall be discontinued.
F.
Charge for reinstallation of water meters. The customer shall pay
a charge for the reinstallation or changing of a meter when removed
because of damage in any way due to the negligence of the customer
based on the current purchase price of meter plus $5 for service charge.
G.
Minimum charge. Each meter is installed subject to a fixed minimum
quarterly charge in accordance with the adopted rate schedule, for
which certain quantities of water will be furnished without additional
charge. Such minimum shall be nonabatable for nonusers of water, and
noncumulative against subsequent consumption. In the case of fractional
period bills, covering less than a quarter, minimum charges and allowances
shall be prorated.
H.
Borough to be notified when meter not working. The customer shall
immediately notify the Borough of injury to or non-working of the
meter, as soon as known by the customer.
I.
Registration conclusive. The quantity recorded by the meter shall
be conclusive on both the customer and the Borough, except when the
meter has been found to be registering inaccurately, or has ceased
to register. In such cases, the quantity may be determined by the
average registration of the meter when in proper working order.
J.
Disputed account. In the event of a disputed account involving the
accuracy of a meter, such meter will be tested upon the request of
the customer, in conformity with the provisions of these rules and
regulations. If when so tested, the meter is found to have an error
in registration of 4% or more, the bills will be increased or decreased
correspondingly.
K.
Request test. When a meter is removed, after installation, at the
request of the customer, for testing, the following rules shall apply:
(1)
The Borough shall, upon a written request of a customer, and if he
so desires, in his presence or that of his authorized representative,
make a test of the accuracy of his meter. When a customer desires,
either personally or through a representative, to witness the testing
of a meter, he may require the meter to be sealed in his presence
before removal which seal shall not be broken until the test is made
in his presence. If the meter so tested shall be found to be accurate
within the limits herein specified, a fee determined from the schedule
indicated below shall be paid to the Borough by the customer requiring
such test, but if not so found, then the cost thereof shall be borne
by the Borough. When making such request, the customer shall agree
to the basis of payment herein specified.
(2)
A report of such test shall be made to the customer and a complete
record of such test shall be kept by the Borough. The amount of the
fee shall be $3 for each water service meter having an outlet not
exceeding one inch. For other water service meters having an outlet
not exceeding two inches, the test fee shall be $7.50 per meter, and
for meters larger than two inches, the charge shall be $4 per inch
diameter.
A.
Automatic devices and hydrants. For automatic sprinklers or other
automatic fire service devices located inside a building or buildings,
a separate service line will be required, to be used exclusively for
fire service. At the option of the customer, fire hydrants located
outside of buildings may be connected to the fire service line. Each
such separate service line shall be metered and shall be subject to
the charges shown in the rate schedule.[1] The Borough reserves the right to refuse approval for
an application for automatic fire service where, in the judgment of
the Borough, such service is not practical.
B.
Ownership and location. Meters for private fire services will be
furnished and installed by the Borough. Meters will be set in an approved
type of brick or concrete masonry meter vaults, adequately drained,
located on the premises of the customer. The meter vaults are to be
constructed and maintained at the expense of the customer.
C.
Private unmetered fire service. When, in the judgment of the Borough,
it is practical, private unmetered fire service lines may be permitted
to be installed at the expense of the owner. In such cases, the applicant
shall pay to the Borough the estimated cost of the fire hydrant installation
prior to installation, and the appropriate adjusting payment shall
be made by the owner, or by the Borough after the actual costs have
been determined. In no event, however, will unmetered fire service
be introduced into a building.
[Adopted 6-13-1995 by Ord. No. 1995-22 (Ch. XVIII, Part 2, of the 1996
Code of Ordinances)]
The Borough does hereby establish, impose and charge effective
July 1, 1995, the rates for water services furnished by the Borough
in the amounts and in accordance with the rate schedule attached hereto
and marked Exhibit A:
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Rate Schedule (Exhibit A)
[Amended 4-10-2007 by Ord. No. 2007-1; 9-13-2009 by Ord. No. 2009-1; 1-4-2010 by Ord. No. 2010-1; 12-13-2011 by Ord. No. 2012-1] | |||
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The rates and charges for water service imposed on the Borough
of Montgomery pursuant to the foregoing ordinance are as follows:
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A.
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Minimum Charges per Month: Residential and Commercial.
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A minimum charge for up to 150 cubic feet of $13.77 per billing
unit per month shall be assessed. Each unit in a multiple dwelling
or commercial establishment shall be billed the minimum charge.
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B.
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Minimum Charges per Month: Industrial.
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A minimum charge for up to 500 cubic feet of $45.90 per billing
unit per month shall be assessed. Each unit in a multiple industrial
establishment shall be billed the minimum charge.
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C.
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Monthly Rate for Residential or Commercial.
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Amount of Water Used
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Monthly Rate per 100 Cubic Feet
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First 150 cubic feet
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$9.18
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Next 850 cubic feet
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$7.90
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Next 2,000 cubic feet
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$7.35
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Next 6,000 cubic feet
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$6.65
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Over 9,000 cubic feet
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$6.23
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D.
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Monthly Rate of Industrial
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Amount of Water Used
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Monthly Rate per 100 Cubic Feet
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First 500 cubic feet
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$9.18
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Next 500 cubic feet
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$7.90
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Next 2,000 cubic feet
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$7.35
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Next 6,000 cubic feet
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$6.65
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Over 9,000 cubic feet
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$6.23
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E.
|
Water service shut off for nonpayment. The Borough may, in its
discretion, shut off water service to any customer in accordance with
applicable law, when a payment for water service is at least 30 days
past due.
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F.
|
Fire protection.
| ||
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In addition to the above charges, the following rates and charges
are hereby imposed for fire protection:
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1.
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Private fire protection
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Monthly Charge
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For each building -
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First 200 sprinkler heads
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$45.27
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Next 200 sprinkler heads, each
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$0.17
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Excess over 400 sprinkler heads, each
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$0.13
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Fire hydrants, each
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$45.27
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2.
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Public fire hydrants, each
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$14.85
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G.
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New service connections
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Monthly Charge
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1.
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New service connections up to 3/4 inches tap
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$2.50
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2.
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New service connections, over 3/4 inches tap plus any costs
associated with making the tap, parts or material including the meter
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$200.
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H.
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Late charge.
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A late fee shall be collected from any user who fails to pay
the current monthly water billing by the 20th of the month in which
such billing was issued. This late fee shall be 10% of the billing
for water used during the previous month only.
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Any water billing or portion thereof which becomes past due
for a period in excess of 30 days beyond the original billing date
shall be assessed an interest charge of 1 1/2% per month on the
outstanding balance.
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All ordinances, previously adopted by this governing body, which are inconsistent with § 455-10 above are hereby repealed; however, such repealer shall apply only to that section or part of the ordinance which is inconsistent with § 455-10 above, and all other parts of said ordinance shall remain in full force and effect.
