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1993F20- WATER, WASTEWATER AND WASTE DISPOSAL tt-cL f3-/<;LO CODE OF ORDINANCES CITY OF SCHERTZ PRSPOSED AMENDMENT CHAPTER 19 WATER, WASTEWATER AND WASTE DISPOSAL ORDINANCE NO. 9. $' -F-fiJ , AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER 19 WATER, SEWERS AND SEWAGE DISPOSAL; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. WHEREAS, there have been numerous changes to state laws and city ordinances governing the management of the water, wastewater and waste disposal systems of the city, and WHEREAS, there is a need to revise fees assessed by the City of Schertz. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; I THAT Chapter 19 of the Code of Ordinances, City of Schertz, Texas is hereby amended to read as follows: '-o' .." , " Chapter 19 WATER, WASTEWATER AND WASTE DISPOSAL Art. I. Art. II. Art. III. Art. IV. Art. V_ Art. . VI. In General, ss 19-1--19-20_ Water Service, ss 19-21--19-67. Wastewater Service and Disposal, ss 19-68--19-95. Mandatory Water Conservation, ss 19-96--19-105. Water and Wastewater Capital Recovery Fees, ss.J9-106--l9-l60. New and Abandoned or Deteriorated Wells, ss 19-161~-l9-l65. ARTICLE I. IN GENERAL Sec. 19-1 provisions of articles deemed incorporated into service contracts; compliance with chapter. (a) All of the provisions of Chapter 19 shall be deemed to be incorporated into every contract between the city and its water and wastewater customers, and each customer shall be charged with knowledge of the provisions of Chapter 19 and, by applying for and accepting water and sewer service from the city, shall be deemed to have acceded to the provisions of Chapter 19. (b) It shall be unlawful for any person to take or use water from the water system of the city or to utilize the services of the city's sewer system or to utilize the services of the solid waste franchise holder, except under the terms and conditions specified and stipulated in Chapter 19. Sec. 19-2. Failure to comply with chapter is grounds for discontinuance of service. Failure to comply with any of the provisions of Chapter 19 relating to the water system of the city shall constitute grounds for discontinuance of water, wastewater and solid waste services. Sec. 19-3. Public Works Director. (a) There is hereby created the office of Public Works Director for the city, which officer shall, under the direction of the city manager, have supervision of the water and sewer systems, streets, drainage and animal control of the city. He/She shall have general supervisory powers over all employees of the water and sewer systems, street, drainage, and animal control; shall make frequent trips of inspection over such sYstems and shall make all repairs deemed necessary and consistent with his/her duties. In the absence of the Public Works Director, all of the duties designated concerning the water and sewer system will be assigned to the Asst. Public Works Director. Cross reference-Building and building regulations generailY, Chapter 5, plumbing code, s 5-43 et seq.; sanitary sewage systems requirements in floodplain areas, s 21-6. 1153 s 19-3 SCHERTZ CODE (b) The Public Works Director shall report violations of all ordinances governing the establishment, maintenance and operation of the water system and sewer system, streets, drainage, and animal control to the city manager and shall forthwith proceed to have all offenders prosecuted.as provided by the ordinances of this city. Sec. 19-4. Certain words or titles to have same definition. (a) Throughout this chapter where Public Works Director or Utility Superintendent are used they may be interchangeable. (b) Throughout this chapter where wastewater or sewer are used they may be interchangeable. Sec. 19-5. Charge for transferring service(s) from one address to another address. Whenever a customer of the city water service and/or the' wastewater service and/or the garbage service terminators such service(s) at one address and renews such service(s) at a different address, a ten dollar ($10.00) transfer fee shall be assessed against such customer. Sec. 19-6. No free service; city to pay same rate as other consumers. No free water or wastewater service shall be allowed. To the extent the city and its various departments avail themselves of the service afforded by the sanitary sewer system and water system, they shall pay therefore the same rate charged other consumers. Sec. 19-7. Deposit to assure payment. (a) Deposit requirements A deposit will be required for each customer applying for water'service; and/or wastewater service and/or 'garbage service. (b) Deposit payment plan. At the request of the customer, a deposit payment plan may be set up. The deposit may be paid as follows: one-third (1/3) at the time of application, one-third (1/3) on the first and second billing following start of service. . 1154 WATER, WASTEWATER AND WASTE DISPOSAL s 19-8 (c) Deposit amounts. (1) Residential - $60.00 (2) Commercial - $60_00 for office and professional. (3) Commercial - $100.00 or 2'and 1/2 times 'estimated monthly billing-.for ail other c'ommercial customers. (4) Residential - Garbage only $25.00. (d) Deposit refund regulations. After the deposit has been held by the city for a period of two (2) years, and provided the customer has not been in default excessively in the payment of bills for services during such period of time, such deposit shall be refunded to the customer. Refunds made under the provisions hereof will be made annually as of January first. (1) Excessive Default shall include but may not be limited to more than two extensions during a calendar year, one turn off for non-payment within the two year period, or two returned checks within the two year period. (e) Service to start and Additional service without deposit_ Water service will not begin until a deposit has been made and an Application and Agreement for City Water and Allied Services has been signed. A customer who has established a good credit rating with the city, (two years or longer continuous residence with deposit refunded for good payment), may have one additional service without additional deposit. Sec. 19-8 New Construction utility customers, temporary services. (a) All new construction utility customers will be charged according .to the following schedule: (1) Water Service charges begin the date of service turn-on. (2) Sewer service charges begin the date of the sewer tap. (3) Garbage service charges begin the date of occupancy. (b) Temporary Services. . 1155 s 19-8 SCHERTZ CODE (1) Extended Absence: When the owner or occupant of a residence plans to leave the area for thirty or more days, by request, the Utility Department will do a complete turn-off of services on the date requested and .provide a final bill to the customer. Any deposit will be retained until' the . customer returns'. upon' notification that the customer has returned; a service turn-on will be accomplished and the customer will be charged a service fee of fifteen dollars ($15.00), and billing will commence effective the date of turn-on. (2) Realtors and Rental Property Owners: Realtors or rental property owners that desire service for a specified period of time in order to clean or perform maintenance on their property are authorized to make a sixty dollar ($60_00) deposit that will be credited to a specific property address, a turn-on at that address will be accomplished. The customer must notify the Utility Department of the date and time that service is. to be started and terminated. Upon termination of that service a utility bill will be prepared reflecting a seven dollar ($7.00) fee for a specified period of time not to exceed five (5) working days and/or three thousand (3,000) gallons of water usage. Any water usage exceeding the limit will be billed according to set water rates at time of usage. (3) Developers, Builders, and Sub-dividers: Developers, builders, and contractors that are in the process of constructing two (2) or more homes and require a water turn-on at the construction site are required to make a deposit based on 2 1/2 times the estimated water usage for all homes under construction. (4) a.ulk sales. from fire hydrant, connection fee, deposit and user charge: The sale of bulk water from fire hydrants throughout the city water distribution system must be approved by the Public Works Director or authorized representative. Under normal conditions, bulk water customers must use a city owned three inch (3") water meter and the Public Works Director shall determine the nearest fire hydrant suitable for the customers needs, or the water may be obtained through a dispenser machine located at 10 Commercial Place at the Utility Department. . 1156 WATER, WASTEWATER AND WASTE DISPOSAL s 19-12 When a customer must use a fire hydrant to procure water, the customer will be required to make a deposit of ninety dollars ($90.00), pay a service charge of fifty dollars ($50.00) which is not refundable, and pay a minimum rate of thirty .d.ollars 1$30.00) for the first ten thousand (10,000) gallons of water and three dollars ($3.00) per thousand gallons of water obtained thereafter. In the event the customer advises the city that. he will no longer be purchasing water, and all charges have been paid to the city, the deposit will be refunded, If, after refund of a deposit, the customer again desires to purchase bulk water, the service charge and deposit will each again be required. Sec. 19-9. Responsibility of applicant for service for payment The person who makes application for water, wastewater and/or garbage service shall be responsible for payment of charges provided for in this chapter, until notice is given to the city by such person of the intention to discontinue such service. Sec. 19-10. Billing; when and where due. and payable. All charges to a consumer for water, wastewater and garbage service shall be billed to the customer on one bill. Such bill shall be due and payable upon receipt and must be postmarked or paid at our office no later than the due date printed on bill. Sec. 19-11. Penalty for delinquency. If a bill for water, wastewater and/or garbage service is not paid on or before the due date printed on the bill, it shall be deemed delinquent and ten percent (10%) of the total amount of such bill shall be added to same as a penalty for nonpayment. Mail postmarked on or before the due date shall be accepted without penalty. Payments in the drop-box at 8:00 a.m. the day after the due date, with checks or money orders dated on or before the due date, shall be accepted without penalty. An additional ten percent (10%) of .thebalance due shall be added for each additional thirty-day periOd for which such customer is delinquent. Sec. 19-12.'Discontinuance of service for failure to pay. (a) The city will post past due notices at the residence of those customers with a balance remaining on the next reading date for their particular cycle. The past due notice shall give the customer 48 hours to make payment or their service wil~ be discontinued. 1157 s 19-12 SCHERTZ CODE (b) In section the bills plus a been paid. the event of service will reconnect ion discontinuance of service under not be reinstated until all past charge of twenty dollars ($20.00) this due have (c) No service will be discontinued on a Friday or a day before a holiday. Discontinuance of service will be extended until the next succeeding date when the Municipal Office is open., (d) In the event that a customer of the city sewer system is supplied with water service by a waterworks or supplier other than the city, such waterworks or supplier shall discontinue water service to such customer, upon notice from the city that such customer is delinquent in payment of his/her wastewater service bill. (e) Re-installation fee- In the event the water meter servicing a customer must be removed after discontinuance of service under this section, the service will not be reinstated until all past due bills, all reconnect ion charges, penalties and a re-insta1lation fee of fifty dollars ($50.00) have been paid. Sec. 19-13 Cash payment required in cases of returned checks and when service has been discontinued for nonpayment. a. Returned checks - When more than one check issued by the same customer for payment of any bill due the City of Schertz is returned by the bank, such customer will be required to pay all future bills in cash. The customer will be assessed a fee of ten dollars ($10.00) for each and every time a check is returned to the city. Any deviation from this policy will be at the discretion of the city manager. b. Cash for Discontinued service. When a customer's .is discontinued for nonpayment as set forth in Sec. payment must be made by cash, certified check or money before service will be restored. service 19-12, order Sec. 19-14. Extended time to pay. Customers may request an extension of time to pay their account for good cause. (a) Number of extensions granted per calendar year: A total of two extensions may be granted per calendar year. (b) Maximum extension time: No account will be extended. for a period which exceeds ten days after turn off date. 1158 WATER, WASTEWATER AND WASTE DISPOSAL s 19-23 (c) Charge for extension. There will be ($5.00) charge for each extension granted after under (a) of this section. This charge will be of payment of the extended amount. a the due five dollar two allowed at the time (d) Waiver of requirements under Sec. from the requirements of Sec. 19-14 must Public Works Director or the City Manager. 19-14: Any deviation be performed by the Sec. 19-15 Reserved. Sec. 19-16. Public Works Director to make adjustment for private water line breaks. (a) It shall ,be the responsibility of the Public Works Director to review and make any adjustment to either the water or sewer charges to an account when a customer's private water line breaks. (b) A customer requesting an adjustment for a private water line break, must present either a bill from a plumbing shop or a bill for plumbing parts or both before any review will be made. 19-17--19-20. Reserved. ARTICLE XX. WATER SERVXCZ Sec. 19-21. Water general policy. In the sale of water by the City of Schertz, Texas, to any person, firm or corporation within and without the city limits of the City of Schertz, Texas, and in the supply of water for municipal use for the protection of property against fires in the City of Schertz, Texas, the city does not agree, unless by specific contract, nor is the city bound to furnish water of any special or specific or specified amount, but only undertakes to furnish such water and the amount of water that may be supplied 1159 s 19-23 SCHERTZ CODE from the wells of the city, or such other source or sources as the city may select, and in an amount within the capacity of the city's pumping plants. . Sec. 19-22. Nonl.iability of city in case of failure to supply water for firefighting purposes. In the event for any reason the city may become unable to supply water to its patrons within the city, or to the municipality for the prevention or suppression of fire, the city will in no manner be liable for damages by reason of any such failure to any patron or patrons of the water system, or to any person or persons whose property may have been destroyed by fire, or otherwise damaged. Sec. 19-23. Water connections generally. (a) It shall be unlawful for any person to make or permit to be made any connection with the main or service pipes of the water system or to turn on or use water of such system without first obtaining a permit to so do. Application for such permit shall be filed in the Municipal Office, 1400 Schertz Parkway or the Public Works Building, 10 Commercial Place stating fully the several and various uses for which water is wanted, giving the name of the owner of the property, the number of the lot and block and the name of the street and house number. If the application is approved, the permit shall be issued. (b) Upon issuance of the permit and payment of the connection fee, the Public Works Director shall make, or have made, the necessary connections and furnish a locking stop box and curb cock, the cost of which is included in the meter connection fee. (c) supplied separate Every premises connected with any water main, or being with any water from the city'S system, shall have a service connection, locking curb stop box and curb cock. Sec. 19-24. Water connection charge. (See: Exhibit #2) Sec. 19-25. City to make water taps and connections, extend service pipes, etc. It shall be unlawful for any plumber or other person, other than the tapper employed by the city, to tap any water main, make connections with mains or extend service pipes from the main to the meter or to place a stopcock and stop box at that point. All of this equipment shall be under the exclusive control of the city and such tap service shall be paid for by the plumber or owner ordering the work done before the work is commenced. 1160 WATER, WASTEWATER AND WASTE DISPOSAL Sec. 19-26. Repair and renewal of water service pipes. ~he city will make all repairs and renewals of water service pipes from the main to the meter, and it shall be unlawful for any person,' other than a duly authorized agent of the city, to repair or renew any such service pipe from the main to the meter. s 19-31 Sec. 19-27. Water meters generally. (a) All water furnished by the city to its customers shall be measured by meters. All meters shall conform to city specifications; and size, type, right to own or control all meters installed or used by customers of its water shall be determined by the city, which shall keep all meters owned by it in repair, without expense to the customer, except that the property owner will be charged for meters, boxes and materials damaged or destroyed through negligence and for labor costs incurred in reestablishing service. (b) Not more than one customer shall purchase water through any single meter, without the written approval of the city manager. Single metering is authorized for more than one unit of occupancy, provided responsibility for payment of all utility services for the single meter billing is assumed by the single property owner. In cases where single metering is to be used for more than a single unit occupancy and where one of those occupancies requires a higher water use than a single family residence, a meter sufficient in size to meet the total requirements will be required. The size of the meter will be determined by .the Public Works Director at the time of the request. for service. . Where more than one'living- unit equivalej:lt.. (LOR) is connected to a singie me'tering device; the base rate for each LOR shall be assessed on the single meter. Sec. 19-28. Removing or tampering with water meters. It shall be unlawful for any person to remove any water meter that has been placed by the city, or to in any manner change, interfere with or tamper with any such water meter. The city prOV1S1ons of this section shall not apply to the employees of the city when acting in their official capacity. Sec. 19-29. Cross coanections between water supplies prohibited. . . No water, other than water furnished by the city, shall be used in any line to which water is delivered by the city. No unknown water shall be permitted in any such line. 1161 s 19-32 SCHERTZ CODE Se~. 19-30. Water service outside city limits generally. .(a) No water shall be furnished by the city to customers beyond the corporate limits of the city unless all plumbing, including fixtures and appliances, through which city water is to pass has been approved by the Public Works Director or his/her authorized representative. In the event additional plumbing is installed on such premises, water services shall be discontinued to such customer, unless such additional plumbing installation is approved by the Public Works Director. (b) Nothing in this section or any other section of Chapter 19 or any other ordinance shall be construed to compel the city to furnish water to customers beyond the corporate limits or to continue such service once begun, and the city reserves the right to furnish service to such customers it deems advisable and to, at any time, wholly or partially discontinue the water supply upon violation of any of the terms of Chapter 19, the same as though such customer resided in the city. (c) No water shall be sold by the city for farm irrigation purposes. Sec. 19-31. Extension of water service from one premises to another After water is introduced into a building or upon any premises, the same shall not be extended by any plumber or any other person to any other premises for additional living units, except on the consent of the city manager. 'Sec. 19"'32. Extension of. mains; The cost of main extension will be prorated to owners, who will benefit from such extension, on a per basis. The per front foot cost will be applied to footage of the lot to which water service is desired. will be based upon construction cost at the time of and shall be due at the time connection is made. property front foot the front The cost. connection Sec. 19-33. Hanner of making connections. . All connections within the city limits or outside the city limits made from and after the effective date of this section shall be made in the following manner: (a) It shall be the pOlicy of the city to supply water to its customers through mains and lines owned or controlled by the city and which shall be located in the streets, between the curb and sidewalk lines, or in alleys adjacent to property being served, or on easements controlled or owned by the city. 1162 WATER, WASTEWATER AND WASTE DISPOSAL s 19-36 (b) If the property to be served is on a dedicated street, the city will construct such line to the customers property line upon paym~nt by the customer of the regular conneccion charge; utility extension pOlicy fees; capital recovery fees; an additional payment per linear foot for labor, engineering and materials; and fifteen percent (15%) administrative fee. (c) The city may assess, in addition to the service connection charge, the estimated cost of breaking and replacing pavement necessary to make such connections; such assessment to be paid prior to the work being done. In event the assessment is more than the actual cost of such breaking and replacing, the difference shall be refunded to the customer upon completion of the work. (d) In the event any connection requires boring under or crossing over any street or highway, the city may also assess the estimated cost of boring under or crossing over any street or highway in furniShing service. In the event the assessment is more than the actual cost of such boring under or crossing over any street or highway, the difference shall be refunded to the customer upon completion of work. (e) The city will set a meter at the property line and extend a six inch (6") service line where the cutoff will be installed for use by the customer. Said cutoff shall become the property of the owner after 90 days from the date of installation. (f) All lines constructed and meters installed under the provisions of Chapter 19 shall be the property of the city and the city shall have full control and jurisdiction over. such lines and. met.ers. Sec. 19-34. Water supply to steam boilers and closed water heaters. (a) It shall be unlawful for any person to draw water from any city supply pipe directly into any steam boiler which is equipped or arranged for more than fifteen (15) pounds pressure per square inch. (b) All persons having boilers or closed water heaters supplied with city water are cautioned against the danger of explosion or collapse. The city will not be . liable for any damages that may occur on account of the water being shut off for any reason or on account of the breaking of any pipe or fixture by pressure of the water from the city main. 1163 s 19-37 SCHERTZ CODE (c) Where city water is used to supply a steam boiler of over fifteen (15) pounds pressure, the owner shall provide a tank of suffidient capacity to afford a supply of at least four (4) hours into-.which the service pipe must be discharged over the top of the tank, and never into the bottom or side. Sec. 19-35. wasting water. (a) It shall be unlawful for any person to willfully and negligently waste water supplied by the city in any manner whatsoever, and any person having knowledge of any condition whereby water is being wasted shall at once notify the city. wasting water shall include but is not limited to rwming water onto a non-porous surface such as streets, paved parking lots, driveways, etc.; or permitting service lines to go unrepaired when water is being discharged from same. (b) The refusal or neglect of an owner or occupant to equip and maintain the premises with proper service connections, utilities or fixtures of approved character and quality to prevent waste of water shall be sufficient grounds for the refusal of the city to connect the premises with the city water system or to continue water service, after having given notice of the intention to shut off the water pending the necessary correction. Sec. 19-36. Permit to turn water on or off at city valve. No plumber or any other person, except authorized employees of the city, shall turn water on or off at any city valve without written permit first . being obtained from. the Public Works Director. Sec. 19-37. Unlawful opening, closing, etc., of fire bwdrants or stopcocks. It shall be unlawful for any person to open or close any fire hydrant, gatevalve or stopcock connected with the water. system of the city or to lift or remove the covers of any gate valve or shutoff thereof, without the permission of the Public Works Director except in case of fire and then under the direction of officers of the fire department. Sec. 19-38. Turning on water supply after turnoff by city. It shall be unlawful for any person to turn on the supply to any building or to any supply pipe, where the has been turned off for any reason by the city, permission from the Public Works Director. water supply without 1164 WATER, WASTEWATER AND WASTE DISPOSAL s 19-43 Sec. 19-39. Procuring water by fraud. I~ shall be unlawful for any person to resort to any fraudulent device or arrangement for the pUrPose of procuring water for himself/herself or others from private connections on premises contrary to city regulations or ordinances. Sec. 19-40. Duties of customers; nonliability of city. Water customers shall keep their own service pipe lines and apparatus in good repair and condition, protected from freezing, at their own risk and expense; and shall prevent all unnecessary waste of water. It is especially stipulated by the city that no claim shall be made against them by reason of the breakage of any service pipe or service cock or from any damage by reason of shutting off the water to repair mains, or for any other pUrPose, and in case of neglect or refusal to promptly repair any imperfection in the service pipes, lines, stops, or other fixtures by the property owner or customer. Sec. 19-41. Haps of water works system. The Public Works Director shall keep in his/her office maps and plats of the city showing all mains and pipes laid or belonging to the city, giving the size of same and showing the locations of all valves and fire hydrants. Sec. 19-42. Private fire protection water service lines. (a) Private fire protection water service line connections permitted may. be one of the following three types: (1) A line utilized exc1usively to.supply service for closed circuit automatic sprinkler head systems. (2) A line to supply service for systems which have water outlets such as open head sprinkler systems, standpipes, hose connection outlets, external private fire hydrants on the premises, or other outlets used solely for fire protection pUrPoses. (3) A line to supply service for a combination domestic and private fire protection system where the fire system is composed of automatic sprinkler heads, standpipes, hose connections, external -private fire hydrants, and other outlets which shall be classed as a domestic account. 1165 s 19-43 SCHERTZ CODE (b) Fire protection water service rates. 'l'.he water service rates on the three types of" connections are: Type Nos. 1 and 2 (non-metered) Minimum Annual Charge Inside City limits Outside City limits 4 inch service line connection(or smaller) 6 inch 8 inch 10 inch 12 inch $175.00 $235.00 $290.00 $340.00 $405.00 $225.00 $305.00 $375.00 $440.00 $525.00 Sec. 19-43. Water rates established. for city. (a) A uniform monthly rate shall be charged to all customers the use of city water within the cOrPorate limits of the Such rate is hereby established as set forth in Exhibit 4. (b) Where a residence, business establishment, complete apartment or mobile home is not in reach of a city water main, arrangements may be made, only with the consent and at the option of the city and for which a permit must be obtained from the city council, to secure water from another user of city water. In this case the minimummonth~y charge shall be made for eac~ " additional unit. taking water through such meter." The regular minimum, the "additional minimum, and all water used by such customer shall be charged to the customer having the meter. (c) The customer shall be charged for all water that passes through a meter whether used or not. (d) Whenever water is purchased by any customer other than through a service connection through the mains of the city and such water is purchased from taps belonging to the city, such customer shall pay thirty cents ($0.30) for each one hundred (100) gallons or portion thereof of water purchased. (e) The uniform monthly rate charged to persons outside the cOrPorate limits of the city shall be 200 amount of that charged persons living within the COrPorate of the city. living % the limits State law reference--Authority of city to prescribe charges for water and wastewater service, Vernon's Ann. Civ. St. art. 1175(11,13) . 1166 WATER, WASTEWATER AND WASTE DISPOSAL s 19-68 Seo. 19-44. Obstructed access, bills may be estimated. . . {a) Obstructed access. It is a violation when easy access to a meter is obstructed in any manner whatsoever, the entrance to the premises is made dangerous by a vicious animal, or a vehicle is parked on or over the meter box preventing reading of the meter or turn-off of service. (b) Notification of obstruction. The Public Works Director shall cause written notice to be given to the customer stating the nature of the obstruction, giving the customer twenty-four (24) hours to remedy the situation and stating the results of continued violation of this section. (c) Penalty. (1) Estimating charges, discontinuance of service. When any violation occurs the charges may be estimated for the amount not to exceed triple the normal charge. It is further provided that should the customer fail to remedy the condition within the time stated on written notice, the Public Works Director shall have the right to discontinue service without further notice. (2) Vehicle to be towed at owner's expense. Should fail to remove a vehicle which is in violation of this the Public Works Director shall cause said vehicle to away at the owners expense. the owner section, be towed (d) Reinstatement of Services. Services shall not resume .until the obstruction has been remedied and all charges for water . services, disconnection 'and .reconnection .fees have been paid.,. Sec. 19-45. Estimated bills wben meter fails. (a) Meter Failure. If a meter fails to register the water actually consumed by reason of the register or meter being out of order, the charge may be estimated based on the consumption of the previous six-month period. (b) Obstruction by natural causes. If access to a meter is obstructed due to natural causes, the charge may be estimated ba~ed on the consumption of the previous six-month period. When access is again available an adjustment will be made to the customer's account based on actual usage. 1167 s 19-68 SCHERTZ CODE See: 19-46. Checking meters. . If' a customer complains of the charges for water supplied through his/her meter, the city water department will remove and test the meter. The customer or his/her representative shall witness such test. If it is found that the meter registers in error more than two percent (2%) fast, no fee will be assessed against the customer and an adjustment of the charges shall be made. If, however, the meter should register less than two percent (2%) fast, a ten dollar ($10.00) fee shall be assessed the customer on his/her next billing and no adjustment to charges shall be made. Sec. 19-47--19-67. Reserved. ARTICLK III. WASTKWATKR SERVICB AND DISPOSAL Sec. 19-68. Authority for and pUrPOses of article. The provisions of this article are adopted in the exercise of the powers granted to this city by the laws of Texas and the City Charter for the following pUrPoses: (1) To prevent or eliminate pOllution of underground and surface waters and the environment generally. (2) To establish regulations limiting the discharge of all wastes into the sanitary sewer system which could or would cause damage or obstruction to the sewage collection system, or would damage or interfere with operation of the. sewage treatment plants or that would be. . . det1='imental ..to . th4;l.quality of the effluent, or cause' unreasonable maintenance attention and expense to either' the collection system or the treatment facilities. (3) To establish surcharge rates for discharges of industrial wastes which exceed the specified limits as described herein and to provide for the method of payment for such charges. (4) To provide penalties for violations of the regulations established herein. 1168 WATER, WASTEWATER AND WASTE DISPOSAL s19-74 Sec. 19-69. Required sewer connections and unlawful disposal of wastewater. fixtures; (a) All owners or occupants of buildings or agents for such owners, situated in any section of the city where sanitary sewer facilities now exist, or where they may hereafter exist, and where.the property line of. the land on' which any such building is situated approaches or extends to within three hundred (300) feet of such sewer facility, are hereby required to construct or cause to be constructed suitable water closets on their property, and connect the same with the city sewer. It shall be the duty of any such property owner or occupant to keep and maintain such water closets and connections thereof in good working condition and free from any obstruction. (b) It shall be unlawful for any person to build or use permanent privy vault above or below the ground in the city any lot or parc40ll of land, th40l property line of Which, at point,'" extends to within a distance'.of three hundred, (300) of a city sanitary sewer facility. . any on any feet, (c) It shall be unlawful for the owner or occupant of any building situated on a lot extending within three hundred (300) feet of any sewer facility of the city, any portion of which building is used for a residence or where persons are required to be on the premises for extended periods of time, during any portion of the day, to fail to have at least one water closet suitably arranged for use as a urinal, unless a separate urinal is provided. (d) It shall be unlawful for the owner or occupant of any building, situated within three hundred (300) feet of any sanitary sewer facility, in which food is cooked or clothing is washed to fail to have a suitable sink or hopper for the reception of wafilte water;.. provided, however,:- that if the water 'closet is of the kind suited to such use, it may receive the waste water, and the sink or hopper may be dispensed with. (e) It shall be unlawful for any person to throw, or allow any person under his control to throw, or deposit on the surface of the ground, or any lot reaching within three hundred' (300) feet of any city sanitary sewer fac;I.J.ity, except in the PrOper . and necessary manu. ri ng of the soil, aily water whidhhas been uS40ld . for domestic pUrPoses, any human or animal wastes or any other liquid or solid wastes. (f) It shall be unlawful for any person to refuse or fail to connect all wash stands or slop stands in his house or yard,. "if the same are within three hundred (300) feet of any sanitary sewer facility of the city, or to allow any slops, wash or waste waters of any kind to flow over the pavement or into any open gu~ter or into the street. '1169.. · s 19-75 SCHERTZ CODE Sec. 19-70 Wastewater Disposal service districts. The City of Schertz is located within two wastewater districts which are Cibolo Creek Municipal Authority and New Braunfels Util~ty. A map describing the service area for each district is provided under Exhibit 3. Sec. 19-71 Adoption of Wastewater District regulations. (a) Cibolo Creek Municipal Authority Industrial Waste Order 1991-1 and any future additions and revisions are hereby adopted as though set forth in its entirety within this ordinance to govern those customers within that service district. (b) City of New Braunfels Ordinance No. 92-22 adopted on third and final reading on June 8, 1992 and any future revisions or additions is hereby adopted as though set forth in its entirety within this ordinance. to govern those customers within t~t .servipedistrict. Sec. 19-72. . Reserved. Sec. 19-73. Sewer rates established. See Exhibit 5 Sec. 19-74. Waste discharges to conform to article. All discharges of waste shall conform to the requirements of this article. Sec. 19-75. General disposal requirements. (a) Unless exception is granted by the approving authority, the public sewer system .shal~ be used by all persons discharging: (1) Wastewater; (2) Industrial waste; (3) Polluted liquids; or (4) Unpolluted waters or liquids. (b) person (a) of to any: Unless authorized by the Texas Water commission, no may deposit or discharge any waste included in subsection this section on public or private property in or adjacent , 1170 WATER, WASTEWATER AND WASTE DISPOSAL s 19-79 (1) Natural outlet; ~2) Watercourse; (3) Storm sewer; or (4) Other area within the jurisdiction of the city. (c) The approving authority shall verify, prior to discharge, that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal; state and local governments. Sec. 19-76. Prohibited sewer deposits generally. (a) No person may discharge to public sewer systems any waste which, by itself or by interaction with other wastes, may : (1) Injure or interfere with waste water treatment processes or facilities; (2) Constitute a hazard to humans or animals; or (3) Create a hazard in receiving waters of the waste water treatment plant effluent. (b) No diSCharge to public sewer systems may contain: (1) Cyanide greater than 2.0 mg/l; (2) Fluoride other than that contained in the public water supply; (3) Chlorides in concentrations greater than 250 mg/l; (4) Gasoline, benzene, naphtha, fuel oil or other fl~mmable or explosive liquid, solid or gas; or (5) Substances causing an excessive chemical oxygen demand. (c) No waste or waste water diSCharged to public sewer systems may contain: . (1) Strong acid, iron piCkling was~es or concentrated plating solutions, whether neutralized or not; 1171 s 19-79 SCHERTZ CODE , Sec. 19-77. Discharge of garbage approval of garbage grinders. into s_r. system; (a) No person may discharge garbage into public sewer systems, unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half (1/2) inch in any dimension are prohibited. (b) The approving authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater. Sec. 19-78. Discharge of radioactive wastes into s_r systems. (a) No person shall discharge radioactive wastes or isotopes into public sewer systems without the permission of the approving authority. (b) The approving authority may establish, in compliance applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewer systems. with the Sec. 19-79. Discharge of substances capable of impairing s_r facilities. (a) No person may discharge into public sewer systems any substance capable of causing: . " (1) Obstruction to 'the flow in sewer systems; (2) Interference with the operation of treatment processes or facilities; or (3) Excessive loading of treatment facilities. (b) Discharges prohibited by subsection (a) of this section include, but are not limited to, materials which extend or cause concentrations of: (1) Inert suspended solids greater than 250 mg/1, including but not limited to Fuller's earth, lime slurries and lime residues; sodium chloride and sodium sulfate; (2) Dissolved solids greater than 800 mg/l, inCluding but not limited to sodium chloride and sodium sulfate; (3) Excessive discoloration, including but not limited to, dye wastes and vegetable tanning solutions; or 1172 WATER, WASTEWATER AND WASTE DISPOSAL s 19-79 (4) BOD, COD or chlorine demand in excess of normal plant capacity. , (c) No person shall discharge into public sewer systems any substance that may: (1) Deposit grease or oil in the sewer lines in such a manner as to clog the sewer systems; (2) OVerload skimming and grease handling equipment; (3) Pass to the receiving waters without being effectively treated by normal waste water treatment processes due to the nonamenabi1ity of the substance to bacterial action; or as described by Cibolo Creek Municipal Authority or New Braunfels Utility. (4) Deleteriously affect the treatment excessive quantities. process due to (d) No person may discharge into public sewer systems any substance which: (1) Is not amenable to treatment processes and facilities employed; or reduction or by the (2) Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having juriSdiction over discharges to the receiving waters. (e) The approving' authorit~ shall regUlate the flow and concentration of slugs when they may: (1) Impair the treatment process; (2) Cause damage to collection facilities; (3) Incur treatment costs exceeding those for normal waste water; or (4) Render the waste unfit for stream disposal or industrial use. (f) No or viscous section, if not limi ted person may discharge into public sewer systems solid substances which may violate subsection (a) of this present in sufficient quantity-or size, including but to: (1) Ashes. 1173 s 19-79 SCHERTZ CODE (2) Cinders. .13) Sand. (4) Mud. (5) Straw. (6) Shavings. (7) Metal. (8) Glass. (9) Rags. (10) Feathers. (11) Tar. (12) Plastics. (13) Wood. (14) unground garbage. (15) Whole blood. (16) Paunch manure. (17) Hair and fleshings. (18) Entrails. (19) Paper products, either whole or ground by garbage grinders. (20) Slops. (21) Chemical residues. (22) Paint residues. (23) Bulk solids. Sec. 19-80. Disposal of unpolluted drainage. (a) No person may discharge to public sanitary sewer systems: (1) unpolluted storm water, surface water, ground water, roof runoff or subsurface drainage; 1174 WATER, WASTEWATER AND WASTE DISPOSAL s 19-83 (2) Unpolluted cooling water; (3) Unpolluted industrial process water; or (4) Other unpolluted drainage. (b) In compliance with the Texas Water Quality Act and other statutes, the approving authority may designate storm sewers and other water courses into which unpolluted drainage described in subsection (a) of this section may be diSCharged. Sec. 19-81. Requirements for traps. (a) DiSCharges requiring a trap include: (1) Grease or waste containing grease in excessive amounts: (2) Oil; (3) Sand; (4) Flammable wastes; and (5) Other harmful ingredients. (b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by the approving authority; (1) Provide equipment and facilities of a type and capacity approved by. the approving authority; (2) Locate the trap in a manner that provides ready and easy accessibility for Cleaning and inspection; and (3) Maintain the trap in effective operating condition. Sec. 19-82. Control manholes, meters, etc., for building sewer systems carrying industrial wastes. Any person responsible for discharges through sewer system carrying industrial wastes shall, at his and as required by the approving authority: (1) InstalY an accessible and safely located control manhole; a building own expense (2) Install meters and other appurtenance to facilitate observation, sampling and measurement of the waste; and (3) Maintain such equipment and facilities. 1175 19-83 SCHERTZ CODE , Charges and agreement for collection and treatment of industrial waste. sec. 19-83. (a) Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment. (b) When discharges of industrial waste are approved by the approving authority, the city or its authorized represeiltative shall enter into an agreement providing for the terms of acceptance by the city and payment by the person making the discharge. (c) If the volume or character of industrial waste to be treated by the city does not cause overloading of the sewage collection, treatment or disposal facilities of the city, then prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay an industrial waste charge to be determined from the schedule of charges set out in this section. (d) If the volume or character of industrial waste to be treated by the city requires that waste water collection, treatment or other disposal facilities of the city be improved, expanded or enlarged in order to treat the waste, then prior to approval the city and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the city may incur due to acceptance of the waste. Such agreement shall include but not be limited to: (1) Amortization of all capital outlay for collecting and treating the ~aste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste. (2) operation and maintenance costs including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead and office expense. Amortization shall be completed in a thirty (30) year period and payment shall include all debt service costs. (e) Industrial waste charges shall be calculated by the following formula: ISS = V[0.12(BOD-250 + 0.08(SS-250)] ISS = Industrial Waste Surcharge in dollars V = Volume discharge in million gallons BOD = Five days at 20 degrees C BOD of the industrial waste (mg/l) SS = suspended solids of the industrial waste (mg/l) 1176 WATER, WASTEWATER AND WASTE DISPOSAL s 19-84 ,The city shall review at least annually the basis for determining charges and shall adjust the unit treatment cost in the _.formula to reflect increases or decreases in 'waste water treatment costs based on the previous year's experience. (f) annually based on The city shall adjust charges to a discharger at least to reflect changes in the characteristics of waste water the results of sampling and testing. Increases in charges shall be retroactive for two (2) periods and shall continue for six (6) billing periods, subsequent tests determine that the charge should be increased. billing unless further (g) The city shall bill the discharger by the month and shall show industrial waste charges as a separate item on the regular bill for water and wastewater charges. The discharger shall pay monthly in accordance with the provisions of article I of this chapter and the city is entitled to exercise the sanction provided for by article I for failure to pay the bill when due. Sec. 19-84. Termination of disposal service to industrial customers. (a) service when: The and city may terminate water and waste water disposal disconnect an industrial customer from the system (1) Acids or chemicals damaging to wastewater lines or the treatment process are released to the sewer system causing rapid dete~ioration of these st~ctures or interfering with proper conveyance and treatment .of wastewater; (2) A governmental agency informs the city that the effluent from the waste water treatment plant is no longer of a quality permitted for diSCharge to a watercourse, and it is found that the customer is delivering waste water to the city'S system that cannot be sufficiently treated or required treatment that is not provided by the city as normal domestic treatment; or a violation of Cibolo Creek MUnicipal Authority and New Braunfels Utility code. (3) The industrial customer: a DiSCharges violation authority; industrial waste or waste water that is in of the permit issued by the approving b Dischar~es waste water at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the waste water treatment system; 1177 s 19-84 SCHERTZ CODE c Fails to pay monthly bills for water and wastewater services when due; or , d Repeats a discharge of prohibited wastes to public sewer systems. (b) If service is discontinued pursuant to subsection (a)(2) of this section, the city shall: (1) Disconnect the customer; (2) SUpply the customer with the governmental agency's report and provide the customer with all pertinent information; and (3) Continue disconnection until such time as the industrial customer provides additional pretreatment or other facilities designated to remove the objectionable characteristics from his industrial wastes. Sec. 19-85. Entering property for enforcement of article; indemnification of owner or occupant against damages. (a) The Public Works Director and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this article. Any employee acting under this authority shall observe the rules and regulations concerning safety, internal security .~ fire protection.promulgated.by the. owner or occupant of the premises. (b) Except when caused by negligence or failure of the owner or occupant of the premises to maintain safe conditions, the city shall indemnify the owner or occupant against loss or damage to his property by city employees and against liability claims and demands for personal injury or property damage asserted against the owner or occupant and growing out of any sampling operation conducted pursuant to this article. (c) The superintendent and other duly authorized employees of the' city beaj:ing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purpose of: (1) Inspection, repair. observation, measurement, sampling, or (2) Maintenance of any portion of the sewerage system lying within the easements. 1178 WATER, WASTEWATER AND WASTE DISPOSAL s 19-96 (3) Conducting any other authorized activity. -Ail activities shall be terms of the negotiated property involved. conducted in full accordance with the easement pertaining to the private Sec. 19-86. Limitation on inquiries under article. No person acting under authority of this article may inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of diSCharge to the public sewer systems. Sec. 19-87. Notice of and penalty and remedies for violations of article. (a) The city shall serve persons diSCharging in violation of this article with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance. No person shall continue diSCharging in violation of this article beyond the time limit provided in such notice. (b) Any person who continues prohibited diSCharges beyond the time limit prescribed in the notice given pursuant to subsection (a) above shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in section 1-8 of this Code for each act of violation and for each day of violation. (c) In addition to proceeding under authority of subsection (b) of this section, the city is entitled to pursue all other criminal and civil remedies to which i~ is entitled under authority of state statutes or other city ordinances against a person continuing prohibited discharges. Sec. 19-88--19-95. Reserved. ARTICLE IV. MANDATORY WATER CONSERVATION Sec. 19-96. Drought and Surcharges. Emergency Water Management and When the level of the Edwards Underground Aquifer declines to 644 feet above .sea level, the Mayor, with the advice and recommendation of the City Manager and Public Works Director; shall declare the Water Management Plan in effect.and a special meeting' of the. City Council shall be called.'upon' the "City Council's determination that action is required, the fOllowing provisions shall be placed in effect. 1179 s 19-96 SCHERTZ CODE , (a) The City of Schertz Water Management Plan attached and ident~fied as Exhibit 6. (b) It shall be unlawful for the owner or occupant of any residence or business to fail to comply with the Water Management Plan. (c) Staging Criteria for Water Management. Staging Criteria for Water Management. Stage Stage Stage 1. Water Awareness. Initiated when the level in the Bexar County observation well is at 644 feet. Terminated at the discretion of the City Manager in consultation with the Edwards underground Water District considering the existing water level, current precipitation and the outlook for additional precipitation. (It is anticipated that a water awareness program will become an ongoing City activity). 2. Water Watch. Initiated when the water level in the Bexar County observation well is at 628 feet. Terminated at the discretion of the City Manager in consultation with the Edwards Underground Water District considering the existing water level, current precipitation and the outlook for additional precipitation. Upon termination, STAGE 1 becomes effective. 3. Water Warning. Initiated when the water level in the Bexar County observation well is at 612 teet. Terminated at the discretion of the City Manager in consultation with the Edwards Underground Water District considering the existing water level, current precipitation and the outlook for additional precipitation. Upon termination, STAGE 2 becomes effective. 1180 Stage , Stage Stage WATER, WASTEWATER AND WASTE DISPOSAL s 19-96 4. Water Emergency. Initiated at the discretion of the City Council upon recommendation by the City Manager to maintain the public health, safety and welfare. Terminated at the discretion of the City Council upon recommendation by the City Manager in consultation with the Edwards Underground Water District considering the existing water level, current precipitation, and the outlook for additional precipitation. ~on termination, STAGE 3 becomes effective. 5. EmergencY-Mandatory Rationing. Additional drought measures as determined by the City of Schertz and Edwards Underground Water District to protect human health and safety and live stock watering. 5-A. Water Emergency-Mandatory Rationing. Natural disaster and/or mechanical failure damaging the water prOduction facilities, storage tanks and/or distribution system. (d) In addition to the standard rates for water use in existence at the time of implementation of the Water Management Plan, there will be an additional surCharge during drought and emergency conditions in the fOllowing stages: Stage Stage Stage 3: an additional drought surcharge of two dollars ($2.00) per thousand (1,000) gallons used per month in excess of fifteen thousand(15,OOO) gallons for all residential users. 4: an additional drought surcharge of three dollars ($3.00) per thousand (1,000) gallons used per month in excess of thirteen (13,000) gallons for all residential users. 5: an additional drought and/or emergency surcharge of three dollars ($3.00) per thousand (1,000) gallons used per month in excess of ten thousand (10,000) gallons for all residential users. (e) The provisions of Stage 5-A shall remain in effect from the day the Mayor declares that a water emergency exists and shall continue in effect from day to day until such time that the need or water emergency no longer exists. 1181 s 19-96 SCHERTZ CODE ,(f) An appropriate and fair pro rata formula will be used to dete~ne billing rates based on number of days mand~tory water conservation declaration remains in effect. Sec. 19-97. Penalty. Any person, firm, or corporation who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor; and upon conviction, shall be fined in any sum not exceeding two hundred dollars ($200.00), and each and eve1='Y day the violation continues shall constitute a separate and distinct offense. Sec. 19-98--19-105. Reserved. ARTICLZ V. WATKR AND WAS'l'BWA'l'ER CAPITAL RECOVERY FBBS* DIVISION 1. GENERAL PROVISIONS Sec. 19-106 Short Title This Article shall be known and cited as the Water and Wastewater Capital Recovery Fees Article. Sec. 19-107 Intent This Article is intended to impose water and wastewater capital recovery fees, as established in this Article, in order to finance public facilities, the demand for which is generated by new development in the designated service area. Sec. 19-108 Authority The City is authorized to enact this Article by its Charter and Chapter 395, as amended, the Local Government Code, (Senate Bill 336 enacted by the 70th Texas Legislature) and its successors, which authorize home rule cities, among others, to enact or impose impact fees (capital Recovery Fees) on land within their corporate boundaries or extraterritorial jurisdictions, and on persons with whom they have a water or wastewater service contract, as charges or assessments imposed against new development in order to generate revenue for funding or, recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development. The provisions of this Article shall not be construed to limit the power of the City to adopt this Article pursuant to any other, source of.J..ocal authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this Article. Guidelines may be developed by resolution or otherwise to implement and administer this Article. 1182 WATER, WASTEWATER AND WASTE DISPOSAL s 19-109 See; 19-109 Definitions As' applied in this Article, the fOllowing words' and terms shall be used: (a) maximum imposed Assessment The determination of the amount Capital Recovery Fee per Service Unit which on new development pursuant to this Article. of can the be (b) Buildina Permit for the construction, structure. - Written permission issued by the repair, alteration or addition City to a (c) Canital construction Cost of Service Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees) and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the Capital Improvements Program who is not an employee of the City. (d) Canital Imorovements Advisorv Committee (Advisorv Committee) - Advisory committee, consisting of the planning and Zoning Commission, inCluding one regular or ad hoc member who is not an employee of the City and is a representative of the real estate, development, or building industries, and inCluding one member representing the extraterritorial jurisdiction of the City if fees are to be assessed in the extraterritorial juriSdiction; which committee is appointed to regularly review and update the Capital Improvements Program in accordance with the requirements of the Act. (e) Canital Imnrovements identifies water and wastewater expansions pursuant to which assessed. Proaram capital Capital (CIP) Plan which improvements or facility Recovery Fees may be (f) ~Dital Recovery Fee - Fee to be imposed upon new developments, calculated based upon the costs of facilities related to the development that creates the need for such facilities. Capital Recovery Fees do not include dedication of rightS-Of-way or easements, or construction or. dedication of site-related water distribution or wastewater collection facilities required by other ordinances of the City Code;, or Feespia6ed . intrust funds for 'thepu1='Pose of reimbursing developers for oversizing or constructing water or sewer mains or lines. 1183 s 19-109 SCHERTZ CODE (g) ~- City of Schertz. .(h) city Council (Council) - Governing body of 'the City of Schertz. (i) Commercial Develooment Article, all development which industrial. For the is neither pUrPoses of residential this nor (j) Comorehensive plan (Master plan) - The comprehensive long-range plan, adopted by the City council, which is intended to guide the growth and development of the City which includes analysis, recommendations and proposals for the City regarding such topics as population, economy, housing, transportation, community facilities and land use. (k) Duolex A structure on a single lot designed to accommodate two dwelling units, as authorized under the City's zoning regulations. (1) Existina Develooment - All property within the service area which has a water or wastewater connection. (m) Faci1itv Exoansion - The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. (n) Final Subdivision plat - The map, drawing or chart on which is provided a subdivider's plan of a subdivision which has received final approval by the Planning and Zoning commission or City Council and is recorded with the office of the County Clerk of the County in which subdivision is located. (0) Fourolex A structure on a single lot designed to accommodate four dwelling units, as authorized under the City'S zoning regulations. (p) Growth-Related Costs - Capital Construction Costs of Service related to providing additional Service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth-related costs do not include: 1184 WATER, WASTEWATER AND WASTE DISPOSAL s 19-109 ,(1) Construction, acquisition, or expansion of public , facilities or assets other than capital improvements or facility expansions identified in the Capital Improvements Program; (2) Repair, operation, or maintenance of existing or new capital improvements or facility expansions; (3) upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regu1ato1='y standards; (4) upgrading, updating, capital improvements existing development; expanding, or to provide replacing existing better service to (5) Administrative and operating costs of the City; and (6) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities contained in the Capital Improvements Program. (q) Industrial Develooment Development which assigned to the industrial customer class of the wastewater utilities; generally development in which manufactured, or development which is ancillary manufacturing activity. will water goods to be or are such (r) Land Use Assumotions - Service area, and projections of changes in land uses, densities, intensities, and population therein over at least a10-year periOd, adopted by the City, as may be amended from time to time, upon which the Capital Improvement Program is based. 1185 s 19:"'109 SCHERTZ CODE '(s) Livina Unit Eauiva1ent (LUE) - Basis for establishing equiv&aency among and within various customer classes based upon the -relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute for a 5/8" diameter simple water meter, using American Water Works Association C700-C703 standards. LUE'S for water meters are as follows: METER SIZE AND TYPB LUE'S 5/8" Simple 1.0 3/4" Simple 1.5 1" Simple 2.5 1 1/2" Simple 5.0 2" Simple 8.0 2" Compound 8.0 2" Turbine 10.0 3 Compound 16.0 3 Turbine 24.0 4 Compound 25.0 4 Turbine 42.0 6 Compound 50.0 6 Turbine 92.0 8 Compound 80.0 8 Turbine 160.0 10" Compound 115.0 10" Turbine 250.0 1211 Turbine 330.0 (t) New Develooment Subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of the land; any of which increases the number of Service units for water or wastewater service and requires the purchase of a new water or wastewater tap. New development includes the sale of water or wastewater taps resulting from the conversion of an individual well, or septic or other individual waste disposal system, to the City'S water or wastewater utility. . (u) Offset The amount of the reduction of a Capital Recovery Fee designed to fairly reflect the value of system-related facilities,pursuant'to rules herein established or administrative gUidelines, provided and funded by a developer pursuant to, the .Cj.ty's .supdiv.iBion r~gul,at.iol'1S or requirEiment,s. 1186 WATER, WASTEWATER AND WASTE DISPOSAL s 19-109 (v) Residential Develooment - A lot developed for use O~cupancy as a single-family residence, a duplex, a,triplex fourplex. and or a (w) Service Area - Area within the corporate boundaries and within the extraterritorial jurisdiction of the City as defined by the Municipal Annexation Act Chapter 43, as amended, Local Government Code, to be served by the water and wastewater capital improvements or facilities, expansions specified in the Capital Improvements Program applicable to the service area. (x) Service Unit - Standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions, expressed in Living Units Equivalent. (y) Sinale-FamilY Residence - Single-family dwelling unit, as authorized under the City'S zoning regulations. (z) Site-related Facility - Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water or wastewater facilities to serve the new development, and which is not included in the Capital Improvements Program, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. (aa) Suoerintendent - Superintendent of the City Water and Wastewater Utilities. (bb) System-related Facility - A capital improvement or facility expansion which is designated in the Capital Improvements Plan and which is not a site-related facility. A system-related facility may include a capital improvement which is located offsite, within or on the perimeter of the development site. (cc) TaD Purchase - The filing with the City of a written application for a water or wastewater tap and the acceptance of a"plicable Fees by the City. The term "tap purchase" shall not be applicable to a master water meter or maste~ wastewater connection . purchased from the City by a wholesale customer . such as a water district, political subdivision of the State of Texas, or other wholesale utility custome~; nor shall. it be applicable to a meter purchased for and eXClusively dedicated to fire protection. 1187 s 19-109 SCHERTZ CODE (dd). Triolex A structure on a single lot designed to accomGodate three dwelling units, as authorized und~r the City's zOn~ng regulations. (ee) Wastewater Facilitv Improvement for providing wastewater service, including but not limited to, land easements, treatment facilities, lift stations, or interceptor mains. Wastewater facility excludes wastewater lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of on-site wastewater collection facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (ff) Wastewater Facilitv Exoansion Expansion of the capacity of any existing wastewater improvement for the pUrPose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development. (gg) Wastewater Imorovements Plan - Portion of the CIP, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, and for a periOd not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater facilities fees pursuant to this Article. (hh) Water Facilitv Improvement for providing water service, including, but not limited to, land or easements, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of right-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the City and necessitated by and attributable to th~ new development. '(ii) Water Facilitv Exoaqsion - Expansion of the capacity of any existing water improvement for the pUrPose of serving new development, not including the repair, maintenance, modernization or expansion of an existing .water facility to serve existing development. 1188 WATER, WASTEWATER AND WASTE DISPOSAL s19-112 , (jj) Water Imorovements Plan - Portion of the CIP, as may be amended from time to time, which identifies the water facilities or ..water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water facilities fees pursuant to this Article. (kk) Wholesale Customers - Water or wastewater customers of the City'S utilities who purchase utility service at wholesale rates for resale to their retail customers. Sec. 19-110 AppliCability of Capital Recovery Pees (a) This Article shall be uniformly applicable development which occurs within the water and wastewater areas, except for new development which occurs within the areas of the City'S wholesale customers. to new service service (b) No new development shall be exempt from the assessment of Capital Recovery Fees as defined in this Article. Sec. 19-111 Capital Recovery Pees as Conditions of Development Approval No application for new development shall be approved within the City without assessment of Capital Recove1='y Fees pursuant to this Article, and no water and wastewater connection shall be issued unless the applicant has paid the Capital Recovery Fees imposed by and calculated hereinunder. Sec. 19-112 Bstablishment of Water and Wastewater Service Areas (a) The water and wastewater service areas are established as shown on the Service Area Map which has been adopted by City Council and is on file in the City Secretary's office. (b) The service areas shall be established consistent with any facility service area established in the CIP for each utility. Additions to the service area may be designated by the City Council consistent with the procedure set forth in Chapter 395 of the Local Government Code and its successors. 1189 S 19-113 . . . . . SCHER't'ZCODE ~. 19-113 Land Use As8UIIIPtions _Land use assumptions used in the development of ' the Capital Recovery Fees are shown on the zoning Map on file in the City Secretary's office. These assumptions may be revised by the City Council according to the procedure set forth in Chapter 395 of the Local Government Code and its successors. Sec. 19-114 Service units (a) Service Units are established in accordance with generally accepted engineering and planning standards. (b) Upon application for a building permit (for properties inside the City c01='Porate limits) or upon tap purchase (for properties outside the City C01='Porate limits), Service units for the property in question shall be calculated based on Living Units Equivalent as determined by the size of the water meter(s) for the development, or alternatively, if in the judgment of the Superintendent such compensation overstates or understates the impact of such new development, the Superintendent, at the cost and expense of the applicant, may obtain an engineer'S report prepared by a qualified prOfessional engineer licensed to perform such professional engineering services in the State of Texas, which demonstrates that the number of LUE's of service for the new development will be different. (c) If a fire demand meter (tap) is purchased for a property, the meter size utilized to calculate the number of LUE's shall be the dimension of the portion of the fire dem~nd meter which reflects the meter size which would provide only domestic service to the property. Said reduced meter size shall then be utilized to calculate the number of LUE's. (1) The meter types used to calculate the number of LUE'S shall be either simple or compound meters. (2) To avoid the use of fire flow volumes for calculating domestic usage, the owner of any property for which a fire demand meter is purchased shall be required to execute a restrictive covenant on a form approved by the City Attorney, which covenant shall acknowledge the right of the City to assess such Capital Recovery Fees to subsequent owners of the property at.the full meter size. Said covenant shall be executed prior to the purchase of the fire demand meter and shall be .filed in the deed records of the County. 1190 WATER, WASTEWATER AND WASTE DISPOSAL s 19-116 (d) upon application for a building permit for lots for which no water meter has been purchased, Service Units for wastewater for_$aid property shall be established by a professional engineer licensed in the State of Texas, retained by the applicant at no cost to the City, and shall be approved by the Superintendent. (e) The City Council may revise the service units designation according to the procedure set forth in the Act. Sec. 19-115 Capital Recovery Fees Per Service Onit (a) The maximum Capital Recovery Fee per Service Unit for each service shall be computed by dividing (i) the growth-related to the Capital Construction Cost of service for new development, less the amount of any credits against such amount that are attributable to rate or future tax contributions to CIP funding by (ii) the total number of new Service Units Anticipated to be needed within the Service Area. The Capital Construction Cost of service and the projected number of New Service Units shall be based on the land use assumptions for the Service Area as established as part of the CIP. The maximum Capital Recovery Fees per Service Unit for each service shall be established by category of capital improvements and shall be set forth in Exhibit 9 and Exhibit 10 to this Article. (b) Exhibit 9 may be amended by the City Council according to the procedure set forth in the Act. (c) Current Capital Recovery Fees for water/wastewater and adopted by this ordinance shall be set forth in Exhibit 10. Sec. 19-116 Assessment of Capital Recovery Fees (a) The assessment of the Capital Recovery Fee applicable to such development shall be a prerequisite to the approval of any sUbdivision of land or of any new development. (b) Assessment of the Capital Recovery Fee for any new development shall be made as follows: (1) For a development which is submitted for approval pursuant to the City'S subdivision regulations following the effective date of this Article, assessment shall be at the tiljle of final plat approval, and shall be the amount of the Capital Recbvery Fee per Service Unit then in effect, as provided in Exhibit 10 as set forth in Section 19-115 (a). The City may provide the subdivider with a copy of Exhibit 10 prior to final plat approval, but such shall not constitute assessment within the meaning of this Article. 1191 s 19-116 SCHERTZ CODB , For a development which has received final plat approval prior to the effective date of this Article or for which no replatting is necessary, assessment sha~l be upon issuance of building permit (for properties within the cOrPorate boundaries) or upon tap purchase (for properties outside the cOj:porate boundaries.) (2) (3) Water demand related solely to fire protection is not subject to assessment of a Capital Recovery Fee. However, if the fire protection capacity of the fire demand meter is routinely utilized for domestic pUj:poses as evidenced by the registration of consumption recorded on the City'S meter-reading and billing systems, the current owner of the property, on the date of such determination, shall be assessed the current Capital Recove1='Y Fees for the fire protection capacity which has been converted to domestic capacity by its routine usage as domestic capacity. (c) FOllowing assessment of the Capital Recove1='Y Fee pursuant to subsection (b), no additional Capital Recove1='Y Fees or increases thereof shall be assessed against that development unless the number of Service units increases, as set forth under Section 19-114. (d) Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time a new application for such development is filed. Sec. 19-117 Calculation of Capital RecOV81='Y I'~s (a) Upon application for a building permit (for properties within 'the COj:porate boundaries of the City)' or upon application for a water or wastewater tap (for properties outside the cOj:porate boundaries of the City), the City shall compute the Capital Recovery Fees due from the applicant in the following manner: (1) The number of LUE's shall be determined by the the water meter purchased or by evaluation Superintendent as determined according to 19-114 of this Article. size of of the Section (2) LUE's shall be summed for all meters purchased for the development. (3) The total Service Units shall be multiplied by appropriate per-unit fee amount determined as set in Section 19-115 of this Article; and the forth 1192 WATER, WASTEWATER AND WASTE DISPOSAL s 19-118 (4) , Fee credits and offsets shall be subtracted as determined by the process prescribed in Section 19-115 of this Article. (b) The amount of Capital Recovery Fee due for a new development shall not exceed an amount computed by multiplying the Fee assessed per Service Unit pursuant to Section 19-115 of this Article by the number of Service Units generated by the development. Sec. 19-118 Collection of capital Recovery Fees (a) No building permit shall be issued and no tap shall be purchased until all Capital Recovery Fees have been paid to the City, or until a "notice of Capital Recovery Fee due" is recorded as provided in this Section, except as provided otherwise by contract. (b) Capital Recovery Fees shall be collected building permit issuance (for properties within boundaries of the City) or at the time of tap properties outside the corporate boundaries). at the time of the cOrPorate purchase (for (c) In the event that a water or wastewater tap is sold as the result of a conversion from an individual well, or septic or other individual waste disposal system, the appropriate Capital Recovery Fee shall be collected at the time of tap purchase, except as provided below: (1) At the request of the applicant, and with the approval of the Superintendent, the Capital Recovery Fees for such . customers may be paid in increments over a period of not more than 12 months, with interest computed on the unpaid balance at the statutory rate as set forth in Article 1.03, Title 79, Article 5069-1.03, Texas Revised Civil Statutes annotated, as amended, or any successor statute. (2) If the applicant chooses this extended payment option, the applicant shall, as a condition of tap sale, sign and file with the City Clerk, and consent to the recordation of, a "notice of Capital Recovery Fee due", which shall be recorded as a lien against the Subject property. The City shall release the lien held only upon payment in full of the Capital Recovery Fees and any late penalties and applicable interest. (3) Late payments shall subject the applicant to a penalty of ten percent of the amount due and additional interest in addition to all other remedies available to the City as lien holder. 1193 s 19-118 SCHERTZ CODB . (d) Upon the request of an applicant, the City may, at its soie discretion, determine that lump sum payment by a feepayer would.' result in undue economic hardship and may enter into a payment agreement subject to the provisions below and according to guidelines established by the City, as amended from time to time. (1) At the request of the applicant, and with the approval of the Superintendent, the Capital Recovery Fees for customers may be paid in increments over a period of not more than 12 months, with interest computed on the unpaid balance at the statutory rate as set forth in Article 1.03, Title 79, Article 5069-1.03, Texas Revised Civil Statutes annotated, as amended, or any successor statute. (2) If the applicant chooses this extended payment option, the applicant shall, as a condition of tap sale, sign and file with the City Clerk, and consent to the recordation of, a "notice of capital Recovery Fee due", which shall be recorded as a lien against the subject property. The City shall release the lien held only upon payment in full of the capital Recove1='Y Fees and any late penalties and applicable interest. (3) Late payments shall subject the applicant to a penalty of ten percent of the amount due and additional interest in addition to all other remedies available to the City as lien holder. (4) CUstomer hardship cases, at the discretion of the superintendent, may be assisted. with a financial assistance plan not to exc'eed 12 months with' a' 10% administrative fee for handling the paperwork. (e) It shall be the policy of the City to attempt to revise any contracts which might exist with wholesale customers, or which in the future may be entered into for wholesale service, in such a manner that Capital Recovery Fees are collected from the wholesale customer according to the number of LUE's attributable to each retail meter for new development within the wholesale customer's service area. 1194 WATER, WASTEWATER AND WASTE DISPOSAL s 19-119 Sec. 19-119 Offsets and Credits Against Capital Recovery Pees -{-a) The City shall offset the present value of any system-related facilities, pursuant to rules established in this section, and which have been dedicated to and have been received by the City, inClUding the value of rights-of-way or capital improvements constructed pursuant to an agreement with the City, against the amount of the Capital Recovery Fee due for that category of capital improvement due from the contribution. (b) The City shall credit Capital Recovery and pro rata Fees which have been paid pursuant to Chapter(s) 19 of the City Code prior to the effective date of this Article, and during the periOd fOllowing adoption of this Article, against the amount of a Capital Recovery Fee due for that catego1='y of capital improvement, subject to guidelines established by the City, (c) All offsets and credits against Capital Recovery Fees shall be subject to the following limitations and shall be granted based on this Article and additional standards promulgated by the City, which may be adopted as administrative guidelines. (1) No offset credit shall be given for the dedication or construction of site-related facilities. (2) The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the Capital Improvements Program for the category of facility within the Service Area for which t~eCapital Recovery. Fee is imposed. (3) If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of the acquisition of the first building permit issued or connection made after the effective date of this Article or within.such period as may be otherwise designated by contract, such offset or credit shall lapse. (4) In no event will the City reimburse the property owner or developer for an offset or credit when no Capital Recovery Fees for the new development can be collected pursuant to this Article or for any amount exceeding the total Capital ReCOve1='y Fees due for the development for that category. of capital improvement, unless otherwise agreed to by the City. 1195 s 19-119 SCHERTZ CODE , (d) An applicant for new development must apply for an offset or c:r::;edit against Capital Recovery Fees due for the , development either at the time of application for final plat approval or at the time of building permit application (for properties within the cOrPorate boundaries) or at the time of tap purchase (for properties outside the corporate boundaries), unless the City agrees to a different time. The applicant shall file a petition for offsets or credits with the City. (e) The available offset credit associated with the shall be applied against a Capital Recovery Pee at time of first fee payment for properties within that plat in following manner: plat the the (1) Such offset or credit shall be prorated equally among all living units equivalent within the development, as calculated in Section 19-114 of this Article, and remain applicable to such LOB's, to be applied at the time of filing and acceptance of an application for a building permit (or at the time of tap purchase for properties outside the corporate boundaries) against Capital Recovery Fees due. (2) If the total number of LUE's used by the City in the original offset or credit calculation described in (1) is eventually exceeded by the number of total LOB's realized by the actual development, the City may, at its sole discretion, collect the full Capital Recovery Fee .exclusive of any associated offsets or credits for the excess LUE's. . (3) At its alternative the owner. sole discretion, the City may authorize credit or offset agreements upon petition by Sec. 19-120 Bstablishment of Accounts (a) The City Finance Department shall establish separate interest-bearing accounts in a bank authorized to receive deposits of City funds, for each major category of capital facility for which a Capital RecoveJ:'y Fee is imposed pursuant to 'this Article. (b) Interest earned by each account shall be credited to account and shall be used solely for the purposes' specified funds authorized in Section 19-121 of this Article. that for 1196 WATER, WASTEWATER AND WASTE DISPOSAL s 19-121 (c) The City's Finance Departmentsha11 establish adequate finan~ial and accounting controls to ensure that Cap~ta1 Recovery Fee~ disbursed from the account are utilized sOlely for the purposes authorized in Section 19-121 of this Article. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this ArtiCle; provided, however, that any Capital Recovery Fee paid to the City shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. (d) The City Finance Department shall maintain and keep adequate financial records for each account, which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds from each account shall be used solely and eXClusively for the provision of projects specified in the Capital Improvements Program as system-related capital projects. The City Finance Department shall also maintain such records as are necessary to ensure that refunds are appropriately made under the provision in Section 19-123 of this Article. Sec. 19-121 Use of Proceeds of Capital Recovery Fee Accounts (a) The Capital Recovery Fees collected pursuant to this Article may be used to finance or to recoup capital construction costs of service. Capital Recovery Fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. (b) Capital Recovery Fees collected pursuant to this Articie shall not be used to pay for any of the fOllowing expenses: (1) Construction, acquisition or expansion of capital improvements or assets other than those identified for growth-related costs for the appropriate utility in the Capital Improvements Program; (2) Repair, operation, capital improvements growth related. or maintenance of existing or facilities expansions; or new unless (3) Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, 4;lnvlronmental or regulatory standards;' 1197 s 19-121 SCHERTZ CODE (4) Upgrading, expanding or replacing existing capital improvements to provide better service ,to existing development; provided, however, that Capital Recovery Fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or (5) Administrative and operating costs of the City. Sec. 19-122 Appeals (a) The property owner or applicant for new development may appeal the following decisions to the Superintendent: (1) The applicability of a Capital Recovery Fee to the development; (2) The amount of the Capital Recovery Fee due; (3) The application of an offset or credit against a Capital Recovery Fee due; (4) The amount .of the refund due, if any. (b) The burden of proof shall be on the appellant to demonstrate that the amount of the Capital Recovery Fee or the amount of the offset or credit was not calculated according to the applicable Capital Recovery Fee schedule or the guidelines established from determining offsets and credits. (c) The appellant may appeal the decision of the Superintendent to the City Manager. If the appeal is accompanied by a bond or other sufficient surety satisfactory to the City Manager in an amount equal to the original determination of the Capital Recovery Fee due, the development application or tap purchase may be processed while the appeal is pending. 1198 WATER, WASTEWATER AND WASTE DISPOSAL s 19-123 Sec~ 19-123 Refunds J.a) Any Capital Recovery Fee or portion thereof collected pursuant to this Article which has not been expended within ten (10) years from the date of payment, shall be refunded, upon written application therefore by the record owner of the property at the time the refund is paid. If the Capital Recovery Fee was paid by another governmental entity, such refund shall also include interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title 79, (Article 5069-1.03, Texas Revised civil Statutes annotated, as amended), or any successor on the amount of the Capital Recove1='y Fee. (b) If a refund is due pursuant to subsection (a) of this Section, the refund of unexpended fee payments, including interest from the date of payment, shall be made to the current record owner or governmental entity. (c) ~on completion of all the capital improvements or facilities expansions identified in the Capital Improvements Program upon which the Fee was based, the City shall recalculate the maximum Fee per Service Unit using the actual costs for the improvements or expansions. If the maximum Fee per Service Unit based on actual cost is less than the Fee per Service Unit paid, the City shall refund the difference, if such difference exceeds the Fee paid by more than ten percent (10%). The refund to the record owner or governmental entity shall be calculated by multiplying such difference by the number of service units for the development for which the Fee was paid, and interest due shall be calculated upon that amount~ (d) Capital Fees if: Upon the request of an owner of the property on which a Recovery Fee has been paid, the City shall refund such (1) Existing service is available and service is denied; or (2) Service was not the City has facilities to payment; or available when the Fee was collected failed to commence construction provide service within two years of and of Fee (3) Service was not available when the Fee was collected and has not subsequently been made available within' a reasonabie period of time considering the type of capital . illlprovement .or facility expansion to be constructed, but in any event later than five (5) years from the date of Fee payment. 1199 s 19-123 SCHERTZ CODE (e) The City shall refund an appropriate proportion of Capital Recovery Fee payments in the event that a previously purchalJed water meter is replaced with a smaller meter, based on the -LOB differential of the two meter sizes and the per-LOB fee at the time of the original Fee payment, less an administrative charge of $50.00. (f) petition for refunds shall be submitted to the Superintendent on a form provided by the City for such pUrPose. Within one month of the date of receipt of a petition for refund, the Superintendent must provide the petitioner, in writing, with a decision on the refund request, inCluding the reasons for the decision. If a refund is due to the petitioner, the Superintendent shall notify the City Treasurer and reQUest that a refund payment be made to the petitioner. The petitioner may appeal the determination to the City Council, as set forth in Section 19-122 of this Article. Sec. 19-124 updates to Plan and Revision of Fees The City shall review the land use assumptions and Capital Improvements Program for water and wastewater facilities at least every three years, the first three year period which shall commence from the date of the adoption of the Capital Improvements Program referenced herein. The City Council shall accordingly then make a determination of whether changes to the land use assumptions, Capital Improvements Program or Capital Recovery Fees are needed and shall, in accordance with the procedures set forth in the Act, either update the Fees or make a determination that no update is necessa1='Y. Sec. 19-125 Functions of Advisory Committee (a) The functions of the Advisory Committee are those set forth in the Act, and shall include the following; (1) Advise and assist the City assumptions; in adopting land use (2) Review the Capital Improvements Program regarding water and wastewater capital improvements and file written comments thereon; (3) Monitor and evaluate implementation .of the Capital Improvements Program; (4) Advise the City of the need to update or revise the land use assumptions, Capital Improvements Program and Capital Recovery Fees; and 1200 WATER, WASTEWATER AND WASTE DISPOSAL s 19-127 (5) File a semiannual report evaluating the progress of the , City in achieving the Capital Improvements Program and identifying any problems in implementing the plans or administering the Capital Recovery Fees. (b) The City shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the Capital Improvements Program. (c) The Council shall adopt procedural rules for the Committee to follow in carrying out its duties. Sec. 19-126 Agreement for Capital Improvements (a) The City Council may approve the owner of a new development to construct or finance some of the public improvements identified in the CIP. In the case of such approval, the property owner must enter into an agreement with the City prior to Fee collection. The agreement shall be on a form approved by the City, and shall establish the estimated cost of improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement shall be completed to City standards, and any other terms and conditions the City deems necessa1='y. The Superintendent shall review the improvement plan, verify costs and time schedules, determine the amount of the applicable credit for such improvement to be applied to the otherwise applicable Capital Recovery Fee before submitting the proposed agreement to Council for approval. (b) The City and such owner either may agree that the costs incurred or funds a~vanced will be credited against the Capital Recovery Fees otherwise due from the new development, or they may agree that the City shall reimburse the owner for such costs from Capital Recovery Fees paid from other new developments which will use such capital improvements or facility expansions, which Fees shall be collected and reimbursed to the owner at the time the other new development records its plats. Sec. 19-127 Use of Other Financing Mechanisms (a) The City may, at its sole discretion, finance water and wastewater capital improvements of facilities expansions designated in the Capital Improvements Program through the issuance of bonds or other obligations, through the formation of public improvement districts or other assessment districts, or through any other authori~ed mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of Capital Recovery Fees. 1201 s 19-127 SCHERTZ CODE ,(b) Except as herein otherwise provided, the assessment and collection of a Capital Recovery Fee shall be . additional and supp~emental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. (c) The Council may decide that the City shall pay all or part of Capital Recovery Fee due for a new development taking into account available offsets and credits pursuant to duly adopted criteria. capital Recovery Fees as Additional Supplemental Regulation (a) Capital Recovery Fees established by this Article are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy. Such Fees are intended to be consistent with and to further the policies of City'S Comprehensive Plan, Capital Improvements Program, zoning Ordinance, subdivision regulations and other City pOlicies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. and Sec. 19-128 (b) This Article shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations .or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to~ll such development. Sec. 19-129 Relief Procedures (a) Any person who has paid a Capital Recovery Fee or an owner of land upon which a Capital Recovery Fee has been paid may petition the City Manager to determine whether any duty required by this Article has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within sixty (60) days of the request. If the City Manager determines that the duty is required pursuant to this Article and is late in being performed, he shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. 1202 WATER, WASTEWATER AND WASTE DISPOSAL s 19-129 , . (b) The Council may grant a variance or waiver from any' requirement of this Article, upon written request by a developer or ~Wner of property subject to this Article, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. Sec. 19-130--19-138. Reserved. DIVISION 2. WATKR FACILITIBS l"BBS Sec. 19-139 Water Service Area (a) There is hereby established a water service area as depicted on Exhibit 7, attached hereto and incorporated herein by reference. (b) The boundaries of the water service area may be amended from time to time, and new water service areas may be delineated, pursuant to the procedures in Section 19-112 of this Article. Sec. 19-140 Water Improvement Plan (a) The as Exhibit herein. Water Improvement Plan for the City is hereby adopted 11 attached hereto and incorporated by reference (b) The Water Improvement Plan may be amended from time to time, pursuant to the procedures set forth in the Act. Sec. 19-141 Water Facilities Fees (a) The maximum Capital RecoveJ:'y Fees per Service Unit for water facilities are hereby adopted and incorporated in Exhibit 9 attached hereto and made a part hereof by reference. (b) The Capital Recovery Fees per Service Unit facilities are hereby adopted and incorporated in attached hereto and may be amended from time to time, the procedures in Section 19-115 of this Article. for water Exhibit 10 pursuant to Sec. 19-142--19-150. Reserved. DIVISION 3. WASTKWATKR FACILITIBS l"BBS Sec. 19-151 Wastewater Service Area (a) There is hereby established a wastewater service area as depicted on Bxhibit 7, attached hereto and incorporated herein by reference. 1203 s 19-52 SCHERTZ CODE (b) The boundaries of the wastewater service area amended from time to time, and new water service areas deli~~ated, pursuant to the procedures in Section 19-112. may may be be Sec. 19-152 Wastewater ~rovement Plan (a) The Wastewater Improvement Plan for the City is hereby adopted as Exhibit 12 attached hereto and inco1='Porated by reference herein. (b) The Wastewater Improvement Plan may be amended from time to time, pursuant to the procedures set forth in the Act. Sec. 19-153 Wastewater Facilities Fees (a) The maximum capital Recovery Fees per Service Unit for wastewater facilities are hereby adopted and inco1='Porated in Exhibit 9 attached hereto and made a part hereof by reference. (b) The Capital Recovery Fees per Service unit for wastewater facilities are hereby adopted and inCOrPorated in Exhibit 10 attached hereto and may be amended from time to time, pursuant to the procedures in Section 19-115 of this Article. The provisions of this Article shall be liberally construed to effectively carry out its pU1='Poses, which are hereby found and declared to be in furtherance of the public health, safety, and welfare. Any member of the Councilor any City official or employee charged with the enforcement of this Article, acting for the City in the discharge of his or her duties, shall not thereby render himself. or herself personally liable and is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of said duties. Sec. 19-154--19-160. Reserved. ARTICLB VI. NEW AND ABANDONBD OR DBTKRIORATED WELLS Sec. 19-161. well Construction and Drilling (a) wells not permitted. No person, firm, or c01='Poration will be permitted to construct or drill a well within the City of Schertz where such well would be located within five hundred (500) linear feet of an existing water distribution main. (b) Permit required. No person, firm, or c01='Poration shall construct, drill, cap or plug a well within the c01='Porate limits of the City of Schertz without Obtaining a permit. Said permit must certify that any new w~ll site is no closer than five hundred (500) linear feet to an existing water distribution main. 1204 WATER,WASTEWATER AND WASTE DISPOSAL s 19-'165 (c) Permit fee. Permit fee for construction, drilling, capping or plugging a well is $25.00. o (d) License Required. Any person, firm or c01='Poration constructing, drilling, capping or plugging a well within the c01='Porate limits of the City of Schertz shall possess a current license issued by the State of Texas. (e) Bond Required. Any person, firm or constructing, drilling, capping or plugging a well corporate limits of the City of Schertz shall performance bond made in the amount of $5,000.00 made the City of Schertz. cOrPoration within the furnish a in favor of Sec. 19-162. Regulations for constructing or drilling a n_ well. Any person, firm or c01='Poration constructing or drilling a well within the c01='Porate limits of the City of Schertz shall comply with the drilling rules and regulations as set forth by the Texas Water Commission, Texas Water Well Drillers Board and the Texas Department of Health. Sec. 19-163. Al>andoned or Deteriorated Wells. No person, firm or c01='Poration shall abandon a well or maintain a well which has deteriorated without plugging or capping. Plugging or capping procedures will be performed within 30 days after notification by the City of Schertz of the wells condition. All plugging or capping procedures must comply with standards and procedures adapted .by the Texas Water Commission. Sec. 19-164. Plugging or capping old well wben new well drilled. Any person, firm or c01='Poration drilling a new well to replace an existing well, is required to plug or cap the old well within 15 days after completion of the new well. Sec. 19-165. Inspections required. Inspections as necessary will be performed by the Inspection Department or the Water and Wastewater Department to guarantee the health and safety of the ~ublic. a. Inspections: Required inspections are preliminary site inspection and final inspection. 1205 s 19-165 SCHERTZ CODE ,b. Inspection Fees: ~1) Preliminary site and final inspection $100.00 (2) Reinspection fee (all inspections required after (1) above. $ 50.00 1206 WATER, SEWERS AND SEWAGE DISPOSAL s 19-Ex.1 EXHIBIT 1 , UTILITY UTBNSION POLICY Sec. 19-Bxl.1 Definitions (a) City or City's Share: These words are always synonymous with the City of Schertz, Texas. (b) City'S Cost: The portion of the total cost for utility capacity in excess of the size required of the Developer and those immediate properties to be served. (c) Developer: utilities. The person requesting the extension of (d) Developer's Cost: The total cost of utilities (including the Developer'S share of previous oversize lines, extra depth and lift stations to support the extension) sufficient to provide service (inCluding fire protection); minus any pro rata shares paid at the time of installation, and the City'S cost. (e) Ordinance: City of Schertz Ordinance No. Subdivision Ordinance. 80-S-13 (f) Pro Rata Share: The portion of the Developer'S cost of the utilities that has been assessed to each individual property owner. (g) Total Cost: The total cost of the utility including engineering, administrative and contingency costs. (h) Utilities: Pertaining labor, ditChing, engineering, hydrants, valves, fittings, lift necessary to furnish water and plus any administrative charges. to the installed cost including: and material of line, fire station, and other appurtenances sewer service to a Subdivision, Sec. 19-Ex1.2. Extension to developments or properties within the corporate limits of the City of Schertz, Texas, shall be in the mAnner herein prescribed: (a) The cost to the Developer or the person requesting the extension: Exhibit 1 Water & Sewer Extension Policy 1207 19-Ex.1 SCHERTZ CODE (1) The Developer will pay 100% of the total cost of extensions from existing City utilities including the cost of Right of Way (R.O.W.) acquisition, for utilities sufficient to provide service (including fire protection) and the City will pay for utilities in excess of the size required of the Developer. The Developer's cost will be reduced by the amount the other assessed property owners (according to Schedule I) contribute at the time of the installation. If the Developer can obtain the pro rata shares from all the assessed property owners at the time of installation, the Developer's cost would be reduced to his pro rata share of the total cost. The Developer may recover the difference between the total cost of the utilities, excluding the City'S cost, and the sum of his pro rata costs and any other properties' pro rata costs paid at the time of installation (see paragraph 4). " (2) It shall be the Developer's Obligation to acquire right-of-way needed to extend utility lines from their present terminus or nearest location to Developer's property, the cost of which shall be reimbursable as set forth above. The location, width and cost of such right-of-way, shall b4;l subject .to the approval of the City. Should the Developer be unable to acquire the needed right-of-way, the City may, at its option, assist in acquiring same. (3) The Developer shall pay in cash or provide an unconditional guarantee from a financial institution, approved by the City, for the Developer's share of the utility extensions as determined by the City. ' Such guarantees shall be.filed with the City Manager of the City of Schertz in letter form from the financial institution and signed by its principal loan officer. The letter shall state the name of the subdivision and shall list the improvements which the Developer is required to provide. This payment or guarantee must be filed with the City Manager of the City of Schertz prior to final plat approval. Exhibit 1 Water & Sewer Extension pOlicy 1208 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex1 (4) , The Developer who contributed in excess of his pro rata charge for construction of a utility extension will be eligible for refunds. When assessed property owners who did not pay their pro rata charge request service and pay their share, plus the additional costs set out in paragraph B-4, the money will be refunded to the Developer, up to the amount of overPayment. Anything paid in excess of that shall be retained by the City. Any cost not recovered by the developer within five (5) years will be forfeited and no further reimbursement will be allowed. The City will continue to collect the pro rata shares and use the funds to offset bookkeeping costs and maintenance of the utilities. EXAMPLE: The properties to be served require the capacity of 8" sewer and water lines. The City requires the additional capacity of 12" sewer and water lines to serve future extensions: DEVELOPER'S COST 8" Water Line 1,320 feet x $4.00 = $ 5,280 8" Sewer Line 1,320 feet X $8.00 = $10,560 TOTAL $15,840 CITY'S SHARE Difference between 8" and 12" water line 1,320 feet x $3.00 = $ 3,960 Difference . . between 8" and 12" 'sewer line 1,320 feet x $3.00 = $ 3,960 TOTAL $ 7,920 INITIAL OUTLAY: Developer City $15,840 7,920 TOTAL $23,760 Assuming six participating parcels have a total cost of $2,640 each (according Developer would receive $13,200 (15,840 parcel pays its $2,640 share. pro rata share of to Schedule I), - 2,640) back as the the each Exhibit 1 Water & Sewer Extension pOlicy 1209 s 19-Exl SCHERTZ CODE NUMBER OF PARCELS ~"'~ING THEIR PRO RATA SHARE COST OF DEVELOPER AMOUNT REIMBURSED BY OTHER PROPERTY OWNERS AS THEY CONNECT TO UTILITY EXTENSION Original cost 1. 2. 3. 4. 5. $15,840 13,200 10,560 7,920 5,280 2,640 1. 2. 3. 4. 5. 2,640 5,280 7,920 10,560 13,200 (b) The cost to property owners where utilities are made available by the extension: (1) A pro rata charge shall be assessed to each property where utilities are made available. The charge will be made according to the terms of the attached Schedule I. (2) The City may connect any future customer reasonably served from the utility extension, provided the customer has paid the pro rata charge and tapping fee. (3) The entire cost of the utility extension minus any participation by the City of any other governmental agency must eventually be provided by the property owner or owners served by the extension. (4)'Any customer not contributing the pro rata charge at the time of installation of the utility extension who request service at a later date, must pay the pro rata charge in full plus an additional fifteen percent (15%) plus the tapping fee before service will be installed. The fifteen percent (15%) surcharge shall be retained by the City to defray the cost of bookkeeping for the utility extension and will be excluded from the computations for refunds. (5) Any condition not covered by these regulations or of a nature that would result in an inequitable pro charge to any customer, will be negotiated by the Council at the time of installation of a proposed extension. such rata City line Exhibit 1 Water << Sewer Extension pOlicy 1210 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex. 1 Sec. 19-Exl.3. " Extension to properties or developments outside the cOrPOrate limits of the City of Schertz, Texas, shall be in the mAnner hereiD. prescribed: Properties outside the City limits that will be served by a utility extension will pay one and one-half (1 1/2) times their pro rata share to the City, to offset the additional costs to the Utility System. Policies regarding payment, reimbursement of the Developer and the calculation and payment of pro rata shares of participating property owners are the same as in Sec. 2. Sec. 19-Ex1.4. utilities Within A SUbdivision: Developers shall pay the entire cost of the provision of utilities and of compliance with the Subdivision Ordinance, within their subdivision. utilities will be constructed to meet City specifications and requirements. Exhibit 1 Water & Sewer Extension POlicy 1211 s 19-Ex1 SCHERTZ CODE SCHEDULE 1 CALCULATING THE PRO RATA CHARGES The pro rata charge for each property where utilities are to become available by installation of a utility extension will be based on a point system according to the length of frontage, acreage, and distance from the origin of the extension to the end point of frontage. For properties adjoining the right-of-way where is located or adjoining either side of an alley, unpaved road, points will be computed as follows: the extension easement or 10 points per lineal foot of frontage 500 points per acre of land 0.1 points per acre per lineal foot of distance from origin of the extension to the end of the properties' frontage. (0.1 x the number of acres x the length of the extension) The monetary value of each point is obtained by dividing the total number of points for all properties concerned into the total cost of the line extension (less the amount of participation by the Water Works or any other governmental agency) and each property is then assessed proportionally by its number of points. For properties where adequate water and sewer lines are already available on one side, a credit shall be applied as follows: Reduce the total number of points for the property by fifty percent (50%) in. the calculations (See Parcel A in the attached "Example for Schedule 1). In making the calculations, it will be determined, in advance, which properties the utility extension is designed for and capable of serving. Each of these parcels of property will then be included in the calculations. If it is reasonably certain that points for his property times the same cost per point that was used to calculate the other properties' shares. Properties that do not front on the utility extension right-of-way, but will be served by the extension, are still subject to the pro rata assessment. The number of points are calculated the same way (Schedule 1), but the points for the front footage are omitted. This is to offset the costs of running a line from the utility extension to the property (See Parcel E in the Attached examples for Schedule 1). Exhibit 1 Schedule 1 Water &. Sewer Extension pOlicy 1212 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex.1 EXAMPLE FOR SCHEDULE 1 1550 feet of 8 inch water line extension with total cost of $5,000.00 and City participation of $1,000.00. (Difference between cost of 6 inch line and 8 inch line. 400 ft. 500 ft. 100 500 ft. 3 ft A 0 5 5 0 E 0 D 0 ft. 0 3 0 ft. C 0 ft 2 F B 0 0 ft 0 ft. 400 ft. 500 ft. 300 ft. 200 ft. E x i s t i n g Existing City Main M a i n Paved Highway 1550' X 8" Extension 500 ft. 1000 ft. 4 o o ft. G H 4 o o ft a = Acreage d = Distance from origin of extension to midpoint of frontage f = Frontage Exhibit 1 Schedule 1 Water & Sewer Extension pOlicy 1213 s 19-Ex.1 SCHERTZ CODE EXAMPLE FOR SCHEDtJLE I (cont. ) Cost Pro- , Per Rata Points Points Charge -a = 3.67 x 500 = 1835 A -d = 250 x 3.67 x 0.1 = 92 -f = 200 x 10 = 2000 = .3927 x .5 = 1964 x .0862 = 169.30 -a = 2.07 x 500 = 1035 B -d = 550 x 2.07 x 0.1 = 114 -f = 300 x 10 = 3000 = 4149 x .0862 = 357.64 -a = 1.15 x 500 = 575 C -d = 650 x 1.15 x 0.1 = 75 -f = 100 x 10 = 1000 = 1650 x .0862 = 142.23 -a = 5.74 x 500 = 2870 D -d = 1150 x 5.74 x 0.1 = 660 -f = 500 x 10 = 5000 = 8530 x .0862 = 735.29 -a = 2.75 x 500 = 1377 E -d = 1550 x 2.75 x 0.1 = 427 = 1804 x .0862 = 155.50 -f = 0 x 10 = 0 -a = 1.84 x 500 = 920 F ~d = 1550 x 1.84" x 0.1 = 285 -f = 400 x 10 = 4000 = 5205 x .0862 = 448.67 -a = 4.59 x 500 = 2295 G -d = 1550 x 4.59 x 0.1 = 711 -f = 500 x 10 = 5000 = 8006 x .0862 = 690.12 -a = 9.18 x 500 = 4590 H -d = 1050 x 9.18 x 0.1 = 482 -f = 1000 x 10 = 10000 =15072 x .0862 = 1299.21 TOTAL POINTS: 46~80 TOTAL COST: $4000.00 Cost Per Point x $4000 divided by 46380 pts. = 0.0862 Exhibit 1 Schedule 1 Water & Sewer Extension pOlicy 1214 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex.1 REIMBURSEMENT CONTRACT STATE"OF TEXAS ) COUNTIES OF BEXAR, GUADALUPE ) AND COMAL ) of THIS CONTRACT, made and entered Schertz, Texas, hereinafter into by and between the City called The City, and , hereinafter called Developer. WITNESSETH: WHEREAS, DEVELOPER is the described property: developer of the following and has extended a from its present terminus to the above-described property, and installed within said property, as required, water distribution and/or sewer collection systems as approved by THE CITY on and WHEREAS, the actual cost of such improvement and the amount to be paid therefore, respectively, by THE CITY and DEVELOPER is shown on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, in keeping witn ~ity pOlicy, individuals who seek the extension of water lines or sewer lines to. their property must advance the cost of construction thereof, and any individual who wishes to tie on to those lines must participate in the original cost by reimbursing either the DEVELOPER within five years of the completion of those lines, or the City of Schertz after that date. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: DEVELOPER has deposited with THE CITY or made necessary arrangement for the payment to THE CITY the sum of DOLLARS to install the water and/or sewer systems, fire hydrants,: if required, and other necessary appurtenances, which line and appurtenances shall now become property of the City. Exhibit 1 Water & Sewer Extension pOlicy 1215 s 19-Ex.1 SCHERTZ CODE . WHEREAS, installation of the above-described systems has been comp1~ted and is operational, and the City has approved its installation, the City promises and agrees to reimburse to the DEVELOPER, according to the schedule shown as Exhibit "B" attached hereto and made a part hereof, any pro rata share of the cost of the line, that individual property owner pays upon attachment to the City of Schertz utility system, provided that the reimbursement occurs within five (5) years of , 19____ the date of completion of that portion of the system. After that period of time, any reimbursed amounts will be retained by the City of Schertz to offset bookkeeping costs and maintenance of the utilities. DEVELOPER will be entitled to delivery of water from the municipal system upon payment of the tap fee therefore, and at the prevailing rate established by Water Rate Ordinances, and will be entitled to tie onto the City'S sewer system at the established cost and fees as set by the Sewer Rate Ordinance of the City. WITNESS OUR HANDS in duplicate originals this , 19 day of Mayor, City of Schertz, Texas 'ATTEST: City Secretary, City of Schertz (SEAL OF CITY) DEVELOPER Exhibit 1 Water & Sewer Extension pOlicy 1216 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex.1 , CONSTRUCTION COST ESTIMATE Date Prepared Todav Page 1 of 1 Pages Name of Project Great Sky Subdivision Place of Estimate SomeStreet. Offsite SanitarY Sewer Basis for Estimate: No Design Complete preliminary Design____ Final Design Estimator George Checked By:___ Pete ITEM #- DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 1 8" San.Line(8-10') LF 1,286.77 5.00 6,433.85 2 8" San.Line(10-12') LF 210 5.50 1,155.00 3 4' Dia. M.H. (0.6') BA 4 500.00 2,000.00 4 Extra depth M.H. VF 12 65.00 780.00 5 Manhole Adjustment BA 4 60.00 240.00 TOTAL COST 10,608.85 2% CITY INSPECTION 212.17 ENGINEERING 795.17 TOTAL 11,616.68 Exhibit 1 Water & Sewer Extension Policy 1217 s 19-Ex.1 SCHERTZ CODE Following persons will pay the following amount for sharing the drainage line that was laid in/on Somestreet Dee Doe $4,972 .41 Trailer Village Inc. $4,664.18 Arturo $457.14 Louis $1,177.61 641.60 = total $1,819.21 Charles $713.78 Michael $338.66 Nicholas $1,257.81 John $7,711.31 Total: $21,924.49 FOllowing persons will pay the following amounts for sharing of the Sanitary Sewer which was laid in/on Somestreet. Arturo $963.51 Michael $713.79 John $5,262.69 Nicholas $4,676.69 Total: $11,616.68 . Exhibit 1 Water &. Sewer Extension Policy 1218 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex 1 SUBDIVISION , LOT CALCULATIONS COST PRO- TOTAL PER RATA POINTS POINT POINT CHARGE RDFD 921 (A) 1 Acres in Parcel x 500 pts. = 500 1710 '.56345699 = 963.51 121 Feet fronting on line x 10 pts. =1210 SDFE 903 (B) 1.08 Acres in Parcel x 500 pts. = 540 1266,7 x 72.68 Feet fronting on line x 10 pts. = 726.8 RDED 971 (C) 12.08 Acres in Parcel x 500 pts. = 6040 9340 x 330 Feet fronting on line x 10 pts. = 3300 SDFE. 901 (D) 10 Acres in Parcel x 500 pts. = 500'0 8300 x 330 Feet fronting on line x 10 pts. = 3300 = 713.79 =5,262.69 =4,676.69 TOTAL POINTS COST PER POINT = 20,616.8 .56345699 TOTAL COST: $11,616.68 Exhibit 1 Water & Sewer Extension policy 1219 s 19-Ex.2 SCHERTZ CODE EXHIBIT 2 " WATER CONNECTION CHARGES: (a) The following connection charges will be in effect from June 7, 1983: 5/8" x 3/4" water connection charge $ 73.00 3/4" x 3/4" water connection charge $ 95.00 1.1 x 1" water connection charge $ 138.00 1 1/2" water connection charge $ 286.00 2" water connection charge $ 375.00 (b) The regular connection charges will be: the current cost plus ten percent (10%) of the labor and materials to install the meter. (c) Ten dollars ($10.00) shall be added to the above fee for connections outside the city limits. (d) Other charges in conjunction with extension service will be in accordance with ARTICLE II and (Water and Sewer Extension policy). of water Exhibit 1 Chapter 19 Exhibit 2 Water Connection Charges 1220 . \[\Cf.. ,..~(~ st..,{R 5B' . of g, 1~ !\r..U.r ... _ ~nnn" OT1Ii11.-....o."'" =.- g, rruin> .Ann illrgrnb W^ TEl" SER\II(( AREA SANlT ARY SE'M:R SERVlCE AREA ~ ~, Chapter 19 Exhi bit 3 Wastewater Service Districts .' " \ " ...'" " .s>""" c"..~ <1"""'" ~' " ~ =-- ;;; S:' ~'f ,2: \.... " Q 1,-, "- ~ /J ~ \ ."~~ 9.-'(::-/l5f-.--- I <;L~-~--' ....v,fti..-' ~ '}>..~:;'..- , 1221 :!! FORD ENGINEERING INC. s 19-Ex. 4 SCHERTZ CODE EXHIBIT 4 , WATER RATES (a) Living Unit Equivilent(LUE) One LUE will be equal to $7.00. (b) Rates within the c01='Porate limits of the city. A uniform monthly rate shall be charged to all persons for use of city water within the c01='Porate limits of the City of Schertz. Such rate is hereby established as follows: Residential and Commercial 5/8" x 3/4" Service -- LUE 1.0 $7.00 minimum monthly bill for 3,000 gallons $1.11 per 1,000 gallons for 3,001 to 6,000 gallons $1.31 per 1,000 gallons for 6,001 to 9,000 gallons $1. 51 per 1,000 gallons for 9,001 to 12,000 gallons $1.71 per 1,000 gallons for 12,001 to 15,000 gallons $1. 91 per 1,000 gallons for 15,001 to 18,000 gallons $2.11 per 1,000 gallons for 18,001 to 21,000 gallons $2.31 per 1,000 gallons for 21,001 to 24,000 gallons $2.51 per 1,000 gallons for 24,001 to 27,000 gallons $2.71 per 1,000 gallons for 27,001 to 30,000 gallons $2.91 per 1,000 gallons for 30,001 and all additional gallons Residential and Commercial 3/4" x 3/4" Service -- LUE 1.5 $10.50 minimum monthly' bill t"or 4,500 gallons $1.11 per 1,000 gallons for 4,.501 to 9',000 gallons $1.31 per 1,000 gallons for 9,001 to 13,500 gallons $1.51 per 1,000 gallons for 13,501 to 18,000 gallons $1.71 per 1,000 gallons for 18,001 to 22,500 gallons $1.91 per 1,000 gallons for 22,501 to 27,000 gallons $2.11 per 1,000 gallons for 27,001 to 31,500 gallons $2.31 per 1,000 gallons for 31,501 to 36,000 gallons $2.51 per 1,000 gallons for 36,001 to 40,500 gallons $2.71 per 1,000 gallons for 40,501 to 45,000 gallons $2.91 per 1,000 gallons for 45,001 and all additional gallons Chapter 19 Exhibit 4 Water Rates Established 1222 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex. 4 Residential and Commercial 1" x 1" Service -- LUE 2.5 $17.50 minimum monthly bill for 7,500 gallons $1.11 per 1,000 gallons for 7,501 to 15,000 gallons $1.31 per 1,000 gallons for 15,001 to 22,500 gallons $1.51 per 1,000 gallons for 22,501 to 30,000 gallons $1.71 per 1,000 gallons for 30,001 to 37,500 gallons $1.91 per 1,000 gallons for 37,501 to 45,000 gallons $2.11 per 1,000 gallons for 45,001 to 52,500 gallons $2.31 per 1,000 gallons for 52,501 to 60,000 gallons $2.51 per 1,000 gallons for 60,001 to 67,500 gallons $2.71 per 1,000 gallons for 67,501 to 75,000 gallons $2.91 per 1,000 gallons for 75,001 and all additional gallons Residential and Commercial 1 1/2" x 1 1/2" Service -- LUE 5.0 $35.00 minimum monthly bill for 15,000 gallons $1.11 per 1,000 gallons for 15,001 to 30,000 gallons $1.31 per 1,000 gallons for 30,001 to 42,000 gallons $1.51 per 1,000 gallons for 45,001 to 60,000 gallons $1.71 per 1,000 gallons for 60,001 to 75,000 gallons $1.91 per 1,000 gallons for 75,001 to 90,000 gallons $2.11 per 1,000 gallons for 90,001 to 105,000 gallons $2.31 per 1,000 gallons for 105,001 to 120,000 gallons $2.51 per 1,000 gallons for 120,001 to 135,000 gallons $2.71 per 1,000 gallons for 135,001 to 150,000 gallons $2.91 per 1,000 gallons for 150,001 and all additional gallons Residential and Commercial 2" x 2" Simple and Compound Service -- LUE 8.0 $56.00 minimum inonthlYbill for 24,000 gallons $1.11 per 1,000 gallons for 24,001 to 48,000 gallons $1. 31 per 1,000 gallons for 48,001 to 72,000 gallons $1. 51 per 1,000 gallons for 72,001 to 96,000 gallons $1. 71 per 1,000 gallons for 96,001 to 120,000 gailons $1. 91 per 1,000 gallons for 120,001 to 144,000 gallons $2.11 per 1,000 gallons for 144,001 to 168,000 gallons $2.31 per 1,000 gallons for 168,001 to 192,000 gallons $2.51 per 1,000 gallons for 192,001 to 216,000 gallons $2.71 per 1,000 gallons for 216,001 to 240,000 gallons $2.91 per 1,000 gallons for 240,001 and all additional gallons Chapter 19 Exhibit 4 Water Rates Established 1223 s 19-Ex. 4 SCHERTZ CODE Residential and Commercial 2" x 2" Turbine Service -- LOB 10.0 " $70.00 minimum monthly bill for 30,000 gallons $1.11 per 1,000 gallons for 30,001 to 60,000 gallons $1.31 per 1,000 gallons for 60,001 to 90,000 gallons $1.51 per 1,000 gallons for 90,001 to 120,000 gallons $1.71 per 1,000 gallons for 120,001 to 150,000 gallons $1.91 per 1,000 gallons for 150,001 to 180,000 gallons $2.11 per 1,000 gallons for 180,001 to 210,000 gallons $2.31 per 1,000 gallons for 210,001 to 240,000 gallons $2.51 per 1,000 gallons for 240,001 to 270,000 gallons $2.71 per 1,000 gallons for 270,001 to 300,000 gallons $2.91 per 1,000 gallons for 300,001 and all additional gallons Residential and Commercial 3" Compound Service -- LUE 16.0 $112.00 minimum monthly bill for 48,000 gallons $1.11 per 1,000 gallons for 48,001 to 96,000 gallons $1.31 per 1,000 gallons for 96,001 to 144,000 gallons $1.51 per 1,000 gallons for 144,001 to 192,000 gallons $1.71 per 1,000 gallons for 192,001 to 240,000 gallons $1.91 per 1,000 gallons for 240,001 to 288,000 gallons $2.11 per 1,000 gallons for 288,001 to 336,000 gallons $2.31 per 1,000 gallons for 336,001 to 384,000 gallons $2.51 per 1,000 gallons for 384,001 to 432,000 gallons $2.71 per 1,000 gallons for 432,001 to 480,000 gallons $2.91 per 1,000 gallons for 480,001 and all additional gallons Residential and Commercial 3" Turbine Service -- LUE 24.0 .$168; 00 m1n1mum monthly bill for .72, 000.ga11ons $1.11 per 1,000 gallons for 72,001 to 144,000 gallons $1.31 per 1,000 gallons for 144,001 to 216,000 gallons $1.51 per 1,000 gallons for 216,001 to 288,000 gallons $1.71 per 1,000 gallons for 288,001 to 360,000 gallons $1.91 per 1,000 gallons for 360,001 to 432,000 gallons $2.11 per 1,000 gallons for 432,001 to 504,000 gallons $2.31 per 1,000 gallons for 504,001 to 576,000 gallons $2.51 per 1,000 gallons for 576,001 to 648,000 gallons $2.71 per 1,000 gallons for 648,001 to 720,000 gallons $2.91 per 1,000 gallons for 720,001 and all additional gallons Chapter 19 Exhibit 4 Water Rates Established 1224 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex. 4 Residential and Commercial 4" Compound Service -- LOB 25.0 $175.00 minimum monthly bill for 75,000 gallons $1.11 per 1,000 gallons for 75,001 to 150,000 gallons $1.31 per 1,000 gallons for 150,001 to 225,000 gallons $1.51 per 1,000 gallons for 225,001 to 300,000 gallons $1.71 per 1,000 gallons for 300,001 to 375,000 gallons $1. 91 'per 1,000 gall'ons for 375,001 to'450, 000 gallOns $2.11 per 1,000 gallons for 450,001 to 525,000 gallons $2.31 per 1,000 gallons for 525,001 to 600,000 gallons $2.51 per 1,000 gallons for 600,000 to 675,000 gallons $2.71 per 1,000 gallons for 675,000 to 750,000 gallons $2.91 per 1,000 gallons for 750,001 and all additional gals. Residential and CommerCial' 4" Turbine Service-- LUE 42.00 $294.00 minimum monthly bill for 126,000 gallons $1.11 per 1,000 gallons for 126,001 to 252,000 gallons $1.31 per 1,000 gallons for 252,001 to 378,000 gallons $1.51 per 1,000 gallons for 378,001 to 504,000 gallons $1.71 per 1,000 gallons for 504,001 to 630,000 gallons $1.91 per 1,000 gallons for 630,001 to 756,000 gallons $2.11 per 1,000 gallons for 756,001 to 882,000 gallons $2.31 per 1,000 gallons for 882,001 to 1,008,000 gallons $2.51 per 1,000 gallons for 1,008,000 to 1,134,000 gallons $2.71 per 1,000 gallons for 1,134,000 to 1,260,000 gallons $2.91 per 1,000 gallons for 1,260,001 and all additional gals. Residential and Commercial 6" Compound Service -- LUE 50.0 $350.00 minimum monthly bill for 150,000 gallons $1.11 per 1,000 gallons for 150,001 to 300,000 gallons $1.31 per 1,000 gallons for 300,001 to 450,000 gallons $1.51 per 1,000 gallons for 450,001 to 600,000 gallons $1.71 per 1,000 gallons for 600,001 to 750,000 gallons $1.91 per 1,000 gallons for 750,001 to 900,000 gallons $2.11 per 1,000 gallons for 900,001 to 1,050,000 gallons $2.31 per 1,000 gallons for 1,050,001 to 1,200,000 gallons $2.51 per 1,000 gallons for 1,200,001 to 1,350,000 gallons $2.71 per 1,000 gallons for 1,350,001 to 1,500,000 gallons $2.91 per 1,000 gallons for 1,500,001 and all additional gals. Chapter 19 Exhibit 4 Water Rates Established 1225 s 19-Ex. 4 SCHERTZ CODE Residential and Commercial 6" Turbine service -- LUE 92.0 $644.00 minimum monthly bill for 276,000 gallons $1.11 per 1,000 gallons for 276,001 to 552,000 gallons $1.31 per 1,000 gallons for 552,001 to 828,000 gallons $1.51 per 1,000 gallons for 828,001 to 1,104,000 gallons $1.71 per 1,000 gallons for 1,104,001 to 1,380,000 gallons $1.91 per 1,000 gallons for 1,380,001 to 1,656,000 gallons $2.11 per 1,000 gallons for 1,656,001 to 1,932,000 gallons $2.31 per 1,000 gallons for 1,932,001 to 2,208,000 gallons $2.51 per 1,000 gallons for 2,208,001 to 2,284,000 gallons $2.71 per 1,000 gallons for 2,484,001 to 2,760,000 gallons $2.91 per 1,000 gallons for 2,760,001 and all additional gals. Bulk Rate LOB 801. 0 $0.00 minimum monthly bill. $1.28 per 1,000 gallons for 0 to 2,403,000 gallons $1.11 per 1,000 gallons for 2,403,001 to 4,806,000 gallons $1.31 per 1,000 gallons for 4,806,001 to 7,209,000 gallons $1.51 per 1,000 gallons for 7,209,001 to 9,612,000 gallons $1.71 per 1,000 gallons for 9,612,001 to 12,015,000 gallons $1.91 per 1,000 gallons for 12,015,001 to 14,418,000 gallons $2.11 per 1,000 gallons for 14,418,001 to 16,821,000 gallons $2.31 per 1,000 gallons for 16,821,001 to 19,224,000 gallons $2.51 per 1,000 gallons for 19,224,001 to 21,627,000 gallons $2.71 per 1,000 gallons for 21,627,001 to 24,030,000 gallons $2.91 per 1,000 gallons for 24,030,000 and all additional gal. (c) Water not to be sold for agricultural use. Water shall only be sold agricultural use. for residential or other than (d) Rates outside the corporate limits of the City. The uniform monthly rate charged to persons living outside the corporate limits of the City shall be 200% of that charged persons living within the corporate limits of the city. Chapter 19 Exhibit 4 Water Rates Established 1226 WATER. WASTEWATER AND WASTE DISPOSAL s 19-Ex. 5 EXHIBIT 5 ~ SEWER RATES ESTABLISHED. (a) The rates and charges for the services of the City of Schertz, Texas, shall consist of a base rate for debt service and system depreciation and a user charge for system operation and maintenance. The rates and charges shall be assessed according to the fOllowing categories: (1) Single Family Residence: a. Base Rate - Each single-family residential connection shall be assessed a base rate of $3.75 per month. b. User Charge -- Each single-family residential user of the sewer system shall be assessed a monthly rate based on one hundred percent (100%) of the user's average water consumption as computed for each cycle as follows: Cycle 1 Cycle 2 Cycle 3 Cycle 4 November 29-February 29 December 4-March 4 November 22-February 22 December 11-March 11 One Dollar and Fifty-two Cents ($1.52) shall be assessed for each one thousand (1,000) gallons. In the event a customer moves from one address to another within the city, his sewer rate at the new address shall be the same as t.hat at the ..former address 'until .the.next . annual re-rating' for' that, Particular customer's cycle is performed; In the event that no previous rate has been established by the customer, the rate assessed shall be determined by . taking the overall average of chargeable water consumption of all single-family residences on the sewer system. (2) Business and Multi-family Dwelling Units: a. Base Rate -- The base rate shall be assessed in terms of connection equivalents, which equivalents shall be determined as follows: Customer's previous twelvemonth water consumption as determined at the. annual re-rating in February shall be divided by three hundred sixty-five (365), and the results of such division shall then be divided by two hundred forty five (245). Chapter 19 Exhibit 5 Sewer Rates Established 1227 s 19-Ex. 5 ~ SCHERTZ CODE The figure arrived at by the second division shall be the customer's connection equivalent. Each business shall be assessed a base rate of four dollars and seventy-five cents ($4.75) per connection equivalent per month. In the event of a new sewer connection or a change in use of the existing connection, the base rate assessed shall be based on the connection equivalent as determined by Cibolo Creek Municipal Authority in calculating sewer connection fees, until such time as the customer has established a six-month average. At such time, the base rate shall be based on the six month average until the annual re-rating which shall occur in each year during the final month of averaging period of customer's cycle. User Charge -- The user charge will be assessed on one hundred percent (100%) of the customer's water consumption, at one dollar and fifty-five cents ($1.55) per one thousand (1,000) gallons. (3) Public Schools: b. a. Base Rate -- Each public school shall be assessed a base rate of four dollars and seventy-five cents ($4.75) per connection equivalent. In the event that new schools are constructed, the base rate shall be based on the connection equivalents as determined by Cibolo Creek Municipal Authority in determining sewer connections fees, until such time as the new school has establis~ed a twelve-month average. At such time, the base rate shall be based on the '.twelve-mpnth average un1;:il the aDnual'rerating which' shall occur in each year during the final month of averaging period of customer's cycle. b. hundred month, per one User Charge --.The .user charge, based on one percent (100%) of all water consumed each shall be one dollar fifty-five cents ($1.55) thousand (1,000) gallons. Chapter 19 Exhibit 5 Sewer Rates Established 1228 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex. 5 . (b) Industrial Wastes " Where industrial wastes are discharged into the sewers, if such waste contains amounts of suspended solids and/or biochemical oxygen demand in excess of normal domestic waste, the service charge for such connection shall be subject to negotiation between the business establishment and the city. Such special charges shall be based on the quantity and quality of waste discharge into the sewage system of the city. (c) If, in the event, it is determined that as a result of a temporary water leak or other unusual circumstance the means of establishing rates for sewer service by measurement of water flow would place a substantial burden on the customer, then the water consumption for such temporary period shall be determined by the City Manager based on evidence available to him/her. His/Her determination shall be final and unappealable. (d) Any residence or business outside the city limits desiring to be included in the sewer system must negotiate with Cibolo Creek Municipal Authority or New Braunfels Utility and the city, and the price for such connections is to be determined by such negotiation. Chapter 19 Exhibit 5 Sewer Rates Established 1229 S 19-Ex. 6 SCHERTZ CODE EXHIBIT 6 , DEMAND REDUCTION MEASURES OUTDOOR USE WATBR USE STAGE USER COMPLIANCB DEMAND REDUCTION MEASURES Landscape watering1 for New Landscaping Plants2.3 I Voluntary Landscape Watering1 between 8 a.m. and 8 p.m. is prohibited. Landscape watering1 between 8 p.m. and 8 a.m. is permitted. Landscape watering1 with hand-held hose,4 bucketS or drip system is permitted at any time. II Mandatory Landscape watering1 is prohibited except by variance or with reused water. III, IV Mandatory Landscape watering1 is prohibited except with reused water. Chapter 19 Exhibit 6 Demand'Reduct!onMeasures 1230 OUTDOOR USE (CONTINUED) WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex.6 STAGE DEMAND REDUCTION MEASURES , WATER USE USER COMPLIANCE Landscape I Watering~ for Existing Landscaping Plants7 Voluntary II Mandatory 1231 Landscape watering~ is permitted between 8 p.m. and 8 a.m. for residential even number addresses on Tuesdays and Saturdays; residential odd number addresses on Sundays and Thursdays; Commercial businesses on Mondays and Fridays. Landscape watering~ with hand-held hose,4 bucketS or drip system is permitted at any time. Landscape ;ate~ing1 is- prohibited except watering with individual sprinklers or sprinkler systems by residential even number addresses on TuesdayS . and Saturdays; residential odd 'number addresses on Sundays and Thursdays; Commercial customers on Mondays and Fridays. Landscape watering~ with hand-held hose,4 bucketS or drip system is permitted at any time. Landscape watering~ with reused water is exempt' from reduction measures. Chapter 19 Exhibit 6 Demand Reduction Measures S 19-EX. 6 SCHERTZ CODE OUTDOOR USE (CONTINUED ) WATER USE STAGE DEMAND REDUCTION MEASURES USER COMPLIANCE Landscape III WateringJ. for Existing Landscaping Plants7 (Continued) Mandatory IV Mandatory Landscape wateringJ. is prohibited except watering with hand-held hose,4 bucketS or drip system is permitted at any time. Landscape wateringJ. with reused water is exempt reduction measures. -Landscape- ;atering1 is- prohibited except with reused water. Swimming Pools I,II Mandatory Hot tubs, and Similar Facilities III Mandatory 1232 Filling of new and exist- ing facilities8,9 is per- mitted. Makeup for new facilities8 is prohibited Makeup for existing facilities9 is permitted. Draining is prohibited except onto pervious surfac'es only. Filling of new facilities8 is pro- hibited. Filling of existing facilities9 is permitted. Makeup for new facilities8 is prohibited. Makeup for existing facilities9 is permitted. Draining is prohibited except .onto . pervious surfaces only: Chapter 19 Bxhibit 6 Demand Reduction Measures WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex. 6 OUTDOOR USE (CONTINUED) WATER USE STAGE USER COMPLIANCE DEMAND REDUCTION MEASURES ---------------------------------------------------------------- Swimming Pools IV Hot tubs, and Similar Facilities (Continued) Mandatory Filling of new and existing facilitiesB.9 is prohibited. Makeup for new facilitiesB is prohibited. Makeup for existing facilities9 is permitted. Draining is prohibited except onto pervious surfaces only. Vegetable Gardens10 I Voluntary Irrigation and 8 p.m. Irrigation and 8 a.m. between 8 a.m. is prohibited. between 8 p.m. is permitted. Irrigation with hand-held hose4 bucketS or drip system is permitted at any time. II,III Mandatory Irrigation is prOhibited except irrigation with individual sprinklers or sprink~er systeme at residential even number addresses on Sundays and Thursdays; residential odd number addresses on Tuesdays and Saturdays and Commercial/businesses on Mondays and Fridays. Irrigation with hand-held hose,4 bucketS or drip system is permitted at any time~ Chapter 19 Exhibit 6 Demand Reduction Measures 1233 S 19-Ex. 6 SCHERTZ CODE OUTDOOR USE{CONTINUED) , DEMAND REDUCTION MEASURES WATER USE STAGE USER COMPLIANCE Vegetable Gardens10 (continued) IV Mandatory Irrigation is prohibited except irrigation with hand-held hose,4 bucketS or drip system between 8 p.m. and 8 a.m. is permitted. Golf Courses I II III IV Voluntary Irrigation is prohibited except once every five days6 between 8 p.m. and 8 a.m. Handatory Irrigation is prohibited except once every five days6 between 8 p.m. and 8 a.m. Irrigation with reused water is exempt from reduction measures. Mandatory Irrigation is prohibited except irrigation of only tees and greens once every five days~ between 8 p.m. and 8 a.m. is permitted. -----.~._- Irrigation with reused water is exempt from reduction measures. Irrigat'ibn~iB prbhIhited except with reused water. .Mandatory Chapter 19 Exhibit 6 Dem~nd Reduction Measures 1234 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex. 6 OUTDOOR USE (CONTINUED ) " DEMAND REDUCTION MEASURES WATER USE STAGE USER COMPLIANCE Aesthetic usel.l. I II, III, IV Other outside I Usesl.2 'II,III Voluntary Mandatory Mandatory Voluntary Mandatory. Reduction is recommended for inside and outside use. Inside or outside use is prohibited except with reused water. wastel.3 is prohibited. Reduction of washing of impervious surface areas1.4 is recommended. Washing of mobile equip- ment is prohibited - except on designated days6 with hand-held hose4 or bucket. Wastel.~ is prohibited. Washing'of impervious surface areasl.4 is prohibited except washing for immediate human health and safety concerns. Washing of mobile equip- ment is prohibited except with hand-held hose4 or buckets. Residential --------~----------- . . . 1235 Chapter 19 Exhibit 6 Demand Reduction Measures S 19-Ex. 6 SCHERTZ CODE OUTDOOR USE (CONTINUED) WATER USE STAGE USER COMPLIANCE DEMAND REDUCTION MEASURES Other Outside IV Uses12 Mandatory waste13 is prohibited. Washing of impervious surface areas14 is prohibited except waShing for immediate human health and safety concerns. Washing of mobile equip- ment is prohibited except waShing for immediate human health and safety concerns. Water use by commercial vehicle washing facilities is prohibited. Chapter 19 Exhibit 6 Demand Reduction Measures 1236 WATER, WASTEWATER AND WASTE DISPOSAL S 19-Ex. 6 " DOMESTIC TYPE USE STAGE DEMAND REDUCTION MEASURES WATER USE USER COMPLIANCE Domestic Type USe21 I,II, III,IV Voluntary Mandatory Reduction is recommended. User is encouraged to reduce water usage by any means available. Compliance with the mandatory demand reduction measures is required for those uses in the outdoor category, such as landscape watering and swimming pools, hot tubs and similar facilities. 1237 Chapter 19 Exhibit 6 Demand Reduction Measures S 19-Ex. 6 SCHERTZ CODE ESSENTIAL AND UTILITY USE , DEMAND REDUCTION MEASURES WATER USE STAGE USER COMPLIANCE Fire Fighting I,II None III, IV NO restrictions Medical Use by Health Care Facilities15 I,II III,IV None NO restrictions Water Utility use16 I,II III, IV Voluntary Reduction of system pressure to 60 pounds per square inch at point of service is recommended. Upon reduction of pressure, fire fighting services shall be noti- fied and arrangements made for additional pressure when required. User is encouraged to implement voluntary measures, such as improving leak detection surveys and repair programs and stabili~ing and equalizing system . pressure. Sewer Line Flushing I Voluntary II,III IV Mandatory Reduction in fluShing is recommended Flushing is prohibited except for emergencies only. 1238 Chapter 19 .Exhibit 6 Dem~nd Reduction Measures WATER, WASTEWATER AND WASTE DISPOSAL S 19-Ex. 6 ESSENTIAL AND UTILITY USE " WATER USE STAGE USER COMPLIANCE Fire Hydrant I Voluntary Flushing ----- II, III Mandatory IV DEMAND REDUCTION MEASURES Reduction in flushing is reco1lllllended FluShing is prohibited except for emergencies only. Power Production Use17 I, II, III,IV Voluntary Water used for power production shall be vOluntarily reduced. FOOTNOTES 1 "Landscape watering" means the application of water to grow plants. 2 "Landscape plant" means any member of the kingdom plantae, including any tree, shrub, vine, herb, flower, succulent, groundcover or grass species, that grows or has been planted out-of-doors and is used for landscaping purposes or for the support of intensive 'recreational are~s such as playgrounds . and Playin~ fields, . . " 3 "New landscaping plant" means a landscaping plant planted during any current drought stage. When the drought is rescinded, such new landscaping plant will be treated thereafter as an existing landscaping plant. 4 "Hand-held hose" means a hose attended by one person, fitted with a positive automatic shutoff nozzle. 5 "Bucket" means bucket or other container holding five gallons or less, used singly by one person. Chapter 19 Exhibit 6 Demand Reduction Measures 1239 s 19-Ex. 6 SCHERTZ CODE 6 The actual calendar dates shall be designated by o:r::dinance or if the User is not subject to any authority, by the User himself. - applicable ordinance 7 "Existing landscaping plant" means a landscaping plant planted during any period for which a drought stage has not been declared or during a drought which has been rescinded. 8 "New facility" means a swimming pool, hot tub or any similar facility, inclUding residential, public and private facilities, installed during any current drought stage. When the drought is rescinded, such new facility will be treated thereafter as an existing facility. This term does not include pools specifically maintained to provide habitat for aquatic life. 9 "Existing facility" means a swimming pool, hot tub or any similar facility, inCluding residential, public and private facilities, installed during any period for which a drought has not been declared or during a drought stage which has been rescinded. This term does not include pools specifically maintained to provide habitat for aquatic life. 10 "Vegetable primarily includes vegetable garden" means any non-commercial garden planted for household use. For this use "non-commercial" incidental direct selling of produce from such a garden to the public. 11 "Aesthetic use" means the use of water for fountains, waterfalls, and landscape lakes and ponds wheres~ch is . entirely ornamEintal.ands4;lrvesno,oth4;lr functional pUrPose. 12 "Other outside use" means the use of water outdoors for the maintenance, cleaning and washing of structures and mobile equipment, inCluding automobiles and boats, and the washing of streets, driveways, sidewalks, patios and other similar areas. 13 Waste includes, but is not limited to, allowing water to run off into a gutter, ditch or drain, or failing to repair a controllable leak. 14' "Impervious .surfac.e area" means any structure or any street, . driveway, 'side~a1k,-..patio orO,the.r surface. area . covered' with brick; pav'ing,' tile or' other impervious material. " . 15 "Health care facility" means any ho.spital, clinic, nursing home or other health care or medical research facility. Chapter 19 Exhibi t 6 Demand Reduction Measures 1240 WATER, WASTEWATER AND WASTE DISPOSAL S 19-Ex. 6 16 "Water utility use" means water used . treatment, transmission and distribution by systems. for withdrawal, potable water 17 "Power production use" means the use of generation and the use of water for replenishment of cooling reservoirs. water for steam cooling and for 18 "Agricultural irrigation" means irrigation for the pUrPose of growing crops commercially for human consumption or to use as feed for livestock or poultry. 19 This limitation shall become effective upon the declaration of Stage IV and shall continue in effect for twelve months from such declaration. The annual average per acre will be calculated using the following equation: Total pumped volume during of water Stage IV in acre feet Annual average per acre = Total number of acres being irrigated during Stage IV 20 "Livestock Use" means the use of water for drinking by or washing of livestock. "Livestock" means cattle, sheep, goats, hogs, poultry, horses, and game, domestic, exotic and other animals and birds, including zoo animals, used for commercial or personal pUrPoses. 21 "Domestic type use" means the. use of wat.er, other than uses in the' outdoor. category', for personal needs or for household' purposes, such as drinking, bathing, heating, cooking, sanitation or cleaning, whether the use occurs in a residence or in a commercial or industrial facility. 22 "Industrial use" means the use of water integral to the production of primary goods and services provided by industrial or commercial facilities. Industrial facilities include facilities which perform such process-specific activities as cooling, boiler feed, cleaning and washing, pollution control, extraction and separation of desirable material from products and waste materials and the incorporation of water into final products. Commercial facilities include;' . but are . not limited to;' food" service' facilities, hotels, retail facilities and nurseJ:'y operations. Chapter 19 Exhibit 6 Demand Reduction Measures 1241 ...,.,r.... ........ ......' . ("'.... . "\. ," -- .' ......-.-......-...-- \ . . \ \ o of rrtz I!.I.:i. --- g,lTlltr-t> AHa illrgrnb WATER :SERVlCE AREA I ____sAniTARy SEWER SERVICE AR[.A. Charter 19 xhibit 7 Concentual Service Area --- - \. . ..' ') ~~ st~\J\ct .... sf.:<tf-R .' -' I s~"\\::~ ~ FORD ENGI~~ERING INC. 0i0NWlN:; ~ Dtln(ll'W(NT ",,", ~.., ....-""'..-..:.IIQ,.........DI<l,. 1PAS ~UlJ, (SOlI -.-.n. PIIOJ[tTnl2,.)O OA'I[OII'l1U.trll.o\-. _Y:K,_ 1242 / \ <:IlY"~O (\ / \ --' --- . @ity of g, d1l'rtz N'U~ 'N'I'~ ~iriorial Zoning :map Nut !9it. !9p.rifir ZOllillg :map ml'gello =0 1::::=---=; ""'" IZ...-::J = = .... -. .... "'" <= -~. t...-:::::J It-J """ I ~: ~~'"" ) \ . .--:' o"''-'''~' ~n. ..."""~" ",0 .,. --"""..'" ....-..~...... tJt'oU."....,., .....oe, 0\.-.e.";_1l'OCl ~/_""'1I,OII ,.......,~-'-........"""'. _.....,~_.........."~'-'T _'-'Yo.nJ.MIOI$'m<;t ..,....,......,""'"-n...._'ll<Cll....~ OHClDIIIDIIrIlOG1Ml_'. -.Ir...u~_[lIO_~C'T "'a.J:'_,~lII~T _llL'__,....:u-IO"".,' ~_(~"'"UlC'T ~....,.nsDmlllC1 ""_...-.<l[1IIS'-.;:f __N<:lft:__, _M;1<.lIl(""'JltC'T_u.... ) .~, u \/ \ Chapter 19 8<hi bit 8 Lan~ ,Lise Assumpti ons , on"'''''''''''''''' ------ , , , , ~ ( =:Jf FORD ENGINEERING INC. -.-.- ~ .._.......-.~".-..'""""'___1DIolI:-..na.(Ion)_.,.... I'Rll..l!:ClI-D.IIe'I_nZN llI\ll:I7I"1tO"APJlTlON' ..IU..T If>. 1'Joe8 IlIlTLl7lltVlSIOlI' 1<(J\IOIII(R23, 1'jIQ6I 1)111l: 17 illl:vnION' rl:""-'AR1C'., I"'" DoITLlJ'REVIStoM. N'RIL 1). l~" llAT'[I7RCVIS{llIl, APllll2l.,1999 IlAI"E I'T KramM. n:llR\.IAR, 7.I'MO 1243 s 10-Ex. 8 SCHERTZ CODE CURRENT AND PROJECTED LAND USES AND POPULATION CITY OF SCHERTZ --~---~----------------------------------------------~-------------- 1989 1999 ESTIMATE LAND USE ------------ -------------- -------------- ACRES (a) % ACRES (a) % ACRES (a) % RESIDENTIAL Single-Family 870 6.41% 1.114 8.21% 3.156 23.25% Garden and Mobile Homes 61 0.45% 78 0.57% 220 1.62% Multifamily 24 0.18% 31 0.23% 88 0.65% Subtotal Residential 935 7.04% 1.223 9.01% 3.464 25.52% COMMERCIAL 666 4.91% 853 6.28% 2.416 17.79% INDUSTRIAL 648 4.77% 829 6.11% 2.349 17.30% PUBLIC/QUASI-PUBLIC 162 1.19% 163 1.20% 174 1.28% AGRICULTURAL RESIDENTIAL/VACANT 11.145 82.09% 10.509 77 .40% 5.174 38.11% TOTAL ACREAGE 13.577 100.00% 13.577 100.00% 13.577 100.00% POPULATION PER ACRE 0.93 1.19 45.869 (b) 3.36 POPULATION (C) 12.650 16.193 (a) Acreages based on land use mixtures per 100 population in Schertz Zoning Plan. . . . .. . .. Single Family: 6.85i acres/100 ;population Garden and mobile Homes: 0.480 acres/100 population Multifami,ly: 0.192 acres/100 population commercial: 5.267 acres/100 population Industrial: 5.122 acres/100 population Public/Quasi-Public: 0.379 acres/100 population Agricultural Reside~tial/Vacant: 11..280. acres/100 population (b) Ultimate population within 1989 corporate boundaries. (c) 1989-1999 average annual growth rate assumption of: 2.5% Chapter 19 Exhibit 8 Land Use Assumptions 1244 WATER, WASTEWATER AND WASTE DISPOSAl, s 19-Ex. 8 PLANNING ASSUMPTIONS APPLIED TO CONCEPTUAL WATER SERVICE AREA CITY OF SCHERTZ -------------------------------------------------------------------- 1989 1999 ULTIMATE LA!m, USE ACRES (a) % ACRES (b) % ACRES (b) % -------------------------------------------------------------------- RESIDENTIAL Single-Family 1. 088 5.69% 1. 392 7.28% 4.445 23.25% Garden and Mobile Homes 76 0.40% 97 0.51% 310 1.62% Multifamily 30 0.16% 39 0.20% 124 0.65% Subtotal Residential 1.194 6.24% 1. 528 7.99% 4.879 25.52% COMMERCIAL 832 4.35% 1. 066 5.57% 3.402 17.79% INDUSTRIAL 809 4.23% 1. 036 5.42% 3.309 17.30% PUBLIC/QUASI-PUBLIC 228 1.19% 230 1. 20% 245 1.28% AGRICULTURAL RESIDENTIAL/VACANT 16.058 83.98% 15.262 79.82% 7.287 38.11% ------------------------------------------------------------------- TOTAL ACREAGE (c) 19.122 100.00% 19.122 100.00% 19.122 100.00% POPULATION 15.805 20.232 64.602 (d) (c) (f) POPULATION PER ACRE 0.83 1.06 3.38 (a) Same distribution of developed land uses per capita as assumed for City planning areas. . . (b)' Land' use mixtures . per 100 population of growth'as indicated. in city zoning plan: Single Family: Garden and. Mobile Homes: Multifamily: Commercial: Industrial: Public/Quasi-public: Agricultural Residential/Vacant: (c) Conceptual service area acreage. 6.881 acres/lOO population 0.480 acres/100 population 0.192 acres/lOO population 5.267 acres/lOO population 5.122 acres/lOO population 0.379 acres/lOO population 11.280 acres/lOO population (d) 1988-90 water billing divided by 124' gallons per capita (TWDB) (e) Assumes annual growth rate of: 2.5% (f) Land uses and population proportionate to City. Chapter 19 Exhibit 8 Land Use Assumptions 1245 ~19':'Ex. 8' SCHBRTZCODB PLANNING ASSUMPTIONS APPLIED TO CONCEPTUAL WATER SERVICE AREA CITY OF SCHERTZ . LAND USE ------------------------------------------------------------------- 1989 1999 ULTIMATE ACRES (a) ------------- -------------- -------------- % % ACRES (b) % ACRES (b) ------------------------------------------------------------------- RESIDENTIAL Single-Family Garden &: Mobile Multifamily Subtotal Residential 1. 486 Homes 104 41 1.631 COMMERCIAL 1.138 INDUSTRIAL 1.106 PUBLIC/QUASI-PUBLIC 312 AGRICULTURAL RESIDENTIAL/VACANT 5.69% 1.903 7.28% 6.075 23.25% 0.40% 133 0.51% 423 1.62% 0.16% 53 0.20% 169 0.65% 6.24% 2.088 7.99% 6.668 25.52% 4.35% 1.456 5.57% 4.650 17.79% 4.23% 1.416 5.42% 4.522 17.30% 1.19% 314 1.20% 335 1. 28% TOTAL ACREAGE (c) 21.946 83.98% 20.858 79.82% 9.959 38.11% ------------------------------------------------------------------- 26.133 100.00% 26.133 100.00% 26.133 100.00% POPULATION 21.600 (d) POPULATION PER ACRE 0.83 27.650 (c) 1.06 88.288 (f) 3.38 ------------------------------------------------------------------- (a) Same distribution of developed land uses per capita as assumed for City planning areas. (b) Land use.mixtures per 100 population of growth as indicated' in city zoning . plan: . . .. . . : . Single Family: Garden and Mobile Homes: Multifamily: Commercial: Industrial: Public/Quasi-Public: Agricultural Residential/Vacant: 6.881 acres/100 population 0.480 acres/lOO population 0.192 acres/100 population 5.267 acres/100 population 5.122 acres/100 population 0.379 acres/100 population 11.280 acres/lOO population (c~ Conceptual service area acreage. (d). Population ba:se~ on samE! density as .wa!;.erservice. area... ..... .' ". :'", .:. . . '. . ...... (e) Assumes annual growth rate of: 2.5% (f) Land uses and population proportionate to City. Chapter 19 Exhibit 8 Land Use Assumptions 1246 WATER, WASTEWATER AND WASTE DISPOSAL EXHIBIT 9 s 19-Ex. 9 SCHEDULE OF MAXIMUM CAPITAL RECOVERY FEES Water: $633 Wastewater: $1364, plus Established by Creek Municipal Wastewater Treatment Impact New Braunfels Utilities or Authority. Chapter 19 Exhibit 9 Schedule of Maximum Capital Recovery Fees 1247 Fees Cibolo s 19-Ex. 10 SCHERTZ CODE EXHIBIT 10 " SCHEDULE OF CURRENT CAPITAL RECOVERY FEES WATER: $550 WASTEWATER: $1,135.00, Includes wastewater impact fees established by New Braunfels Utility or Cibolo Creek Municipal Authority Chapter 19 Exhibit 10 Schedule of CUrrent Capital Recovery Fees 1248 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex. 11 " EXHIBIT 11 WATER IMPROVEMENT PLAN ESTIMATED SERVICE UNITS AND SERVICE DEMAND-WATER UTILITY FACILITY TYPE/LAND USE 1989 ---------------------------------------------------------------- ULTIMATE WATER SERVICE AREA POPULATION(a) TOTAL WATER LUE'S (b) 15.805 4.384 TOTAL CONNECTIONS (b) 3.862 ---------------------------------------------------------------- 16.785 WATER SUPPLY (MGD) Estimated Demand (c) Existing Capacity (c) 0.868 1. 056 Excess/(Deficiency) 0.188 GROUND STORAGE (MG) Estimated Demand (c) Existing Capacity (c) 2.055 2.500 1999 20.232 5.612 4.944 1.111 1. 056 (0.055) 2.630 2.500 64.602 17.919 3.553 1. 056 (2.497) 8.398 2.500 ---------------------------------------------------------------- Excess/(Deficiency) 0.445 ----------------------------------------------------------------- " . . ELEVATEDST9RAGE (MG) Estimated Demand (c) Existing Capacity (c) 0.869 1. 715 Excess/(Deficiency) 0.846 (a) Taken from land use assumptions: TABLE 5-5 (0.130) 1.113 1. 715 0.602 (5.898) 3.553 1. 715 (1.838) (b) 1989 figure taken from meter count: see TABLE 5-9 future LUE's projected as same ration of LUE's to population as 1989: future cOpIlections. project;ed !is !lame ration of . .conne.ctions 1;:0 LUE'sas 1989. (c) Source: Ford Engineering. 3/9/90: 3/22/90. Chapter 19 Exhibit 11 Water Improvement Plan 1249 II 19-Bx. 11 SCRBRTZ CODE " ASSOC~TBD CIP :tNVBH'1'ORY AND COSTDfG-WATBIt OT:tLITY FACILITY NAME SUPPLY , PUMPING BXISTING PACILITIES D.C. .ell #1 Pump Ii 125 bp o.c. .e11 #3 Pump e 125 bp NACO ...el1 #1 Pump Ii 200 bp NACO ...e11 #2 Pump Ii 200 hp Subtotal Bxist. Facilities FUTURE FACILITIES Lookout Road -Well #1.pump Subtotal Future Facilities =~=~=2..==========~===.E== TOTAL WATBR SUPPLY GROUND STORAGE EXISTING FACILITIBS Live Oak Road Tank Ware. S~gu.in Tank . Deer Bav.n well 8lt~.tank'1 FACILITY CAPACITY (mgd or gals) 1989- 1999 BXCBSS 10 YBARS 1989- 1999 CAPITAL COST COST TOTAL PBR LOB CONSTRUCTION IN EXCBSS COST TOTAL CURRENT USB 10 YBARS MaD $160,000 $160,000 0.462 $170,000 $170,000 0.594 -------- $660,000 1. 056 (a) (a) $360,000 1.320 -------- $360,000 1.320 (a) (a) ======:z"'~ $1,020,000 :l.376 $61,875 $124 0,868 (hi 0,099 (h) 0,089 (h) ------- 0.000 0.144 1.176 $39,273 $ 54 (h) (h) ====== ~=,....==== 0.868 0.243 1.265 $101,148 $ 82 (e) HG $450,000 $151>,000 $150.,000. 1. 500 0,500 . 0.500 ----------------------------- --------- ------- SUbtotal Bxieting Facilities $750,000 2,500 1. 305 0.:l20 0.975 $66,000 $141 FUTU1Ul FACILITIBS Lookout Road well Tank $450,000 1. 500 ----------------------------- --------- ------- Subtotal Future Facilities $450,000 1. 500 0.750 0.444 0.306 $133.200 $141 (a) (al (h) (h) (h) "'..."'...........=..........:z'" ===~...."'.. ...... ...... ........ ....""...= . TOTAL GllOUND STORAGE $l,:lOO,OOO 4.000 2.055 0.664 1. 281 $199,200 $14l (e) .. .' ... . ~---------------------------------------------------------------------------------------------~-------- . . Chapter 19 Bxhibit 11 Water Improvement plan 1250 WATER, WASTEWATBR AND WASTB DISPOSAL 8 19-Bx. 11 . . . . . '" "", " ASSOCIATBD CJ:P J:NV:BN-roRY AND COSTJ:NG-WATRR" U'l':tLJ:TY (Co~~lUded) ------------------------------------------------------------------------------------------------------------ FACILI'l'Y CAPACI'l'Y ("lid or gals) 1989- 1989- ----------------------------------------- 1999 1999 PACILI'l'Y CONSTRUCTION IN EXCESS EXCBSS CAPITAL COST NAMB COST TOTAL CURRENT USE 10 YBARB 10 YBARB COST TOTAL PER LOB SUPPLY , PUMPING ------------------------------------------------------------------------------------------------------------ BXISTING FACILITIBS U.C. well site Tank #1 O.C. well site Tank #2 NACO well site Tank #1 SUbtotal Rxi.ting Pacilitie. --._-------=-=-=-----=-=====- TOTAL BLEVATED STORAGB MOD ------------ $300.000 1. 000 $64,500 0.:U5 $500,000 0.500 ---------- $864,500 1. 715 0.869 (a) (al (a) ===------.. $864,500 1.715 0.869 --------- ------- 0.244 0.602 $122,996 $100 (a) (al -=="''''. ----==-=- =------ 0.244 0.602 $122,996 $100 (e) WATER TRANSMISSION ----------------------------------------------------------------------------------------------------------- EXISTING FACILITIBS 18" Water Main 20" Water Main 16" Water Main Subtotal Bxisting Facilities FUTURE FACILITIBS 18" Main..Plant to IH35/FM3009 12" main. Plant to Tri-cnty Bs.Pk. Schirmerville water Bxtension Deer"Baven Loop to Schertz Pkwy 16" main.IB35 Mobile Villa/Schpkwy 12" ma"in ext ~to New -:eraunfels Live Oak Rills water Improvements SUbtotal Future Facilities AVERAGB MOD $500.000 $600.000 $270,000 $1,370.000 (a) 10.656 (a) 5.200 (b) 1. 035 (b) $133,066 4.421 (b) $276 $454,400 $61,700 $2.033,900 $70.600 $82.195 $659,800 $82.250 $3,444,845 (a) 5.760 (a) 2.000 (b) 1. 600 2.150 (b) $133,066 (e) $276 TOTAL WATBR TRANSMISSION ------------------------------- ---------- ------------------------------- ---------- $1,069.967 $4,814,845 16.416 7.200 2.635 6.581 $588 (e) WATBR CONSTRUCTION COST TOTAL ----------------------------------------------------------------------------------------------------------- $1,211 $7.899,345 $1,513,311 ----------------------------------------------------------------------------------------------------------- (a) (b) (e) Source Ford B~ineering. 3/9/90, .,Alloca.,tions ace~r(:1.ing to For~:Btiq.1.n~erin~..,_" 3/22/90. Assumes "the following conversion factors derived from engineering demand per LUX in Supply/Treatment I Ground Storage I Blevated Storage I Transmis.iont 1999. 198 gals daily = 1 LOB 469 gals 1 LUX 198 gal. _ 1 LUX J,146 gals daily ~ 1 LOB Chapter 19 Bxhibit 11 Water Improvement Plan 1251 8 19-Bx. 12 SCHERTZ CODB BXBXBIT 12 WAS'l'BWATBR DlPROVBMBN'l' PROGRAM ASSOCnTim ,CIP INVEN'l'ORY AND COSTING - WASTEWATER UTILITY FACILITY CAPACITY (mod or gals) ------------------------------------------------------------------------------------------------------------- FACILITY NAMB TOTAL IN EXCBSS EXCBSS CtJRRBNT USB 10 YBARB 10 YBARS 1989- 1999 CAPITAL COST TOTAL CONSTRUCTION COST COLLECTION AND PUMPING AVllRAGB IIOD BXISTLNa PACILITIBS ----------__ Bxisting Collection Line Network $6,407,500 2.000 SUbtotal Bxisting Facilities FUTURE FACILITIES Dry Comal OUtfall Line Mobile villa OUtfall Line Live oak aill OUtfall Line $6,407,500 2.000 1.117 0.233 0.650 $747,966 $1,424,400 $142.000 $124.000 Subtotal Future Facilities $1,690,400 0.300 0.000 0.079 0.221 $446.761 m_BD:..:._._===========_.===== TOTAL COLLECTION $8,097,900 2.300 1.117 0.313 0.871 $1,194,728 WASTEWATBR CONSTRUCTION COST TOTAL (h) $8.097.900 $1,1.94,728 1989- 1999 COST PBR LOB $1,155 $2,031 $1,377 (g) $1.377 (a) Source: Ford "Bnqineering. 2/23/90 (b) Sourcel Ford Bngineer~. 2/23/9901 capacity adequate to .erve 20,000(ehown at average demand). (c) P~oportio~.t. share .ot ~989 sewer servic~ population. (d) '19~9. de~d ailocated propor~ionate ~.tween,.vailabie' exee.. in exi~tiDa..facilitie. ~ ~ture facilities (e) Sourcel Pard Bngineering. 2/23/901 capacity adequate to serve 3,000(ahown at average demand). (f) Remainder of available capacity. (g) Assume. the following gals to LOB conversion factor.. based on Ford Bngine.ring capacity estimates. Collection I 361 gals daily = 1 LOB (h) Wastewater treatment construction costs are determined by New Braunfels Utilities and cibolo Creek Municipal Authority in addition to costs shown and are reflected in the impact fees charged by these two entities to Schertz customers. Chapter 19 Bxhibi t 12 Wastewater ~rovement Program 1252 WATER, WASTEWATER AND WASTE DISPOSAL s 19-Ex. 12 ESTIMATBD SERVICE UNITS - WASTEWATER UTILITY ---------------------------------------------------------------- FACILITY TYPE/LAND USE 1989 1999 ULTIMATE ----------------------------------- ------ WASTEWATER SERVICE AREA POPULATION 16,703 21,381 66,892 EST. SEWER CUSTOMER POPULATION (a) 11,166 TOTAL LoB's (b) 3,097 14,294 3,965 45,641 12,660 ---------------------------------------------------------------- (a) Service population based on ratio of 1989 wastewater customers to water customers times water service population (per Bierschwale., Ford ). (b) Wastewater LUE's/capita same as 1989 water LOE's/capita. Chapter 19 Exhibit 12 Wastewater Improvement Program [Next page is 1375] 1253 " II All ordinances, resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict. III This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. IV " J;f . any.l?~oyis:\.on .ofthi.s,-.Ordinance.orth4Ol. ~ppl:\.cation therElofto. any person or circumstance shai1 be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance and the application of such provision to the other persons and circumstancEls shall nevertheless be valid, and this City Council hereby declares that this Ordinance would have been enacted without such invalid provision. V , EFFECTIVE DATE: The provisions of this ordinance shall be force and effective from date of final approval with following exceptions: in the Water rates will become effective January 11, 1994. Sewer rate increase will be reflected on each customer's April 1994 billing and will utilize each customers average as established per requirements set forth in Exhibit 5 of the Ordinance. Approved on first reading the ~day of 1//06'l"'A1k.(; 195. PASSED, APPROVED AND ADOPTED this the Ut.Jvt"'/11hr>r-: , 19 93 /c. day of ATTEST: I ORDINANCE NO. 93.F.20 AN ORDINANCE BY THE CITY COUNCil OF THE CITY' OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF OR. DINANCES CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER 19 - WATER, THE STATE OF TEXAS SEWERS AND SEWAGE ' , DISPOSAL: PROVIDING AN EFFECTIVE DATE, AND REPEALING All ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. :~~;t:~'!hi~~h;i~i~~!\aY"01Before me, the undersigned authority, on this date personally Novei11ber,) 993 , ~~~e s~r~;:~se, I' appeared ~ ~'D.S known to me, who, being by me REQUEST FOR BIDS ON TEXAS HIGHWAY S ICedONSTRUCI TflON2859 duly sworn, on his oath deposes and says that he is the publisher of aa proposa s or . miles of signing, delinea- tion and pavement mark. Th S . GtE t . bl' h d . 'd t ings on IH 10 Irom 0.2 mi e eguln azet e- n erpnse, a newspaper pu IS e In sm COUll y; N. of lP 1604 to 0.9 mi N. of Huebner Rd. covered by .. \ J ~ ^ NH 94(1.3)1 in Bexarthat a copy of the within and foregoing {\.Jel7~ County, WIll be receIved at the Texas Department of Transportation, Austin, un- "d ~ . tiI1:00P.M, December 14, sal newspaper ~ 1993, and then publicly opened and read. ... . This contract is subject to such publIcatIons beIng on the folloWlng dates: all appropriate Federal ~ laws, including Title VI of r(:J 0 ~ ~~.J.,..;;;.::5. /99.3.- the CIvil RIghts Acl of 1964. - J:iJ- / - - The Texas Department 'Jf Transportation hereby noti- fies all bidders that it wlll insure that bidders will not be discriminated against on the ground of race, color, sex or national origin, in having full opportunity to d f hi h' h t tt h d submit bids in response to an a newspaper copy 0 w C IS ere 0 a ac e . this invitation, and in con~ -J sideration for an award. \\ Plans and specifications, jL" '--rt _< County of Guadalupe PUBLISHER'S AFFIDAVIT 1 /00 0)7 7 'l() f I I was published in times before the return day named therein, ORDINANCE NO. 93-F-20 AN ORDINANCE BY THE CiTY COUNCil OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF OR. DINANCES CiTY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER 19 - WATER, SEWERS AND SEWAGE DiSPOSAL: pROVIDING AN EFFECTIVE DATE, AND REPEALING All ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Passed. approved and adopted this the 16th day of November. 1993 June G. Krause, City Secretary '73 Sworn to and subscribed before me, this ~ day of ~. AD., 19 ~ d..A.... t::I A . . :I- / ~~ '" ~ ./,.&....J Notary- f"iiblic, Guadalupe County, Texas :lf~~=;'~F~'> M\EI;\:,c:r" ~. cL~:~::~ll ! . , ....... ;.". { ! /':;r'-'" "<~t\ N'J' aD' Public 11 ,.ii \,:.:'~/':.<\~::/ I!)"~Y ;{j:.:::L O/}~T/L,~A:, /11 .L-':';':"~:~:"::""n~'~, '1~",'XP..~..T~ f 'f " I I PUBLISHER'S AF:I~A VIT THE STATE OF TEXAS, 'T;" 7 ,90 County of Guadalupe Before me, the undersigned authority, on this date personally appeared ~tJ ~ known to me, who, being by me duly sworn, on his oath deposes and says that he is the publisher of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy ofthe within and foregoing NWCsL was published in said newspaper:J; times before the return day named therein, s,\\ch publications being on the following dates: ~61~\.hA ~ f:/ I Jqq~ and a newspaper copy of which is or=- .../'--~ Sworn to and subscribed before me, this ~ day of l::w... AD., 19 ~. /~~:~~~~:;P~:i;~\ .' /'-7' . - . ,--..' " . \:.\}?:~.,~~) '.~-11f Or '\ ~...' ',t!<~~_~':::~..~':'_____~___ ~_~~~~_~___~.___~__~~_J if, I MATI.CARET L. CLARKSON \ :No~:u'Y Public ~~TATE OF TEXAS :- ~av ~^Hf c1tp~ Notary Pub c, Guadalupe County, Texas i ,,.. ~',"'n'~ 1'..Ad' JI.." ."_ ,....... _ -,. _-.:] !. D<1k l~xp. I