ORDINANCE NO. 270
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ORDINANCE 1f270
AN ORDINANCE GOVERNING THE CITY UTILITIES SYSTEM OF SCHERTZ, TEXAS;
PROVIDING FOR THE APPOINTMENT OF A UTILITY SUPERINTENDENT; PROVIDING
FOR CONNECTIONS TO WATER MAINS; REGULATING THE USE OF WATER FROM THE
CITY UTILITIES DEPARTMENT; PROVIDING FOR SERVICE THROUGH METERS; PRE-
SCRIBING RATES, PENALTIES AND DECLARING AN. EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION ONE (1): There shall be appointed by the City Council of the City of
Schertz, Texas, a Utility Superintendent, who shall be the administrative officer of
the Utilities Department, including all engine houses, engines, pumps, reservoirs,
stand pipes, elevated tanks, pipe lines, hydrants, meters, wrenches, stopcocks, gate
valves, fire plu~s, testing equipment and ~ll other property and machinery used in or
connected with the Utility Department, He shall have supervision over all employees
engaged in the physical operation of the Utility Department, excluding administrative
functions required to su~port such utility services. He shall rnak8 frequent trips
of inspection over all pipe lines and all other property used in or connected with the
Utility Department, and shall make all repairs deemed necessary and consistent with
his duties.
SECTION TWO (2): He shall also report all violations of this ordinance to the
City Council and shall forthwith proceed to have prosecuted offenders as set forth in
this ordinance or any amendment thereof.
SECTION THREE (3): He shall also attend to and control the water supply and at
all times see the sufficiency thereof, he shall notify the community, unless emergency
requires otherwise, of the necessity of shutting off any pipeline for the purposes of
making repairs, extensions, connections, etc., should he know beforehand the necessity
to so shut off the water from any line or lines of the system.
SECTION FOUR (4): It shall hereafter be unlawful for any person or persons to do,
commit or assist in committing any of the following things or acts in the City of Schertz,
Texas:
(a) To resort to any fraudulent device or arrangement for the purpose of pro-
curing water for himself or others from private connections on oremises
contrary to the City regulations or ordinances,
(b) To make or permit to be made any connection with the main or service pipes
of the Utilities System or to turn on or use the water of said system with-
out first obtaining a permit therefor.
(c) To remove any water meter that has been placed by the City, or to in any
manner change, interfere with or tamper with any water meter; providing that
the provisions of this section shall not apply to the emuloyees of the City
when acting in their official capacity.
~
(d) To turn on the water supply to any building or to any suuply uipe where the
supply has been turned off for the nonpayment of the monthly water charge or
for the violation of any rule or ordinance governing the water system.
(1)
((~) To Op~.;:l,l or clof"'? .1::1} fir:, LY;1-;::""tt or :t():-':"~o'.::k conr.l.c<.::t~d ',:dLh i-h,:~ I1tjIities
Sjst€Hl of the Cit.y of Schertz, or tv lif~ Or r<=I~love the COvers of any gate
valves or stilt eff th~r2cf, ~Jith~ut th2 ~erlri~sion cf th~ Utilily ~~o~r{nl~~-
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or(lir,:~,'~cc ~d.th the City of Schertz) Te:K2s j:.,'hich may b\3 applied to p[',ynlent .")~ =:......~'y l_ln.l~id
(2)
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or past due bills for water service and, when so used, such consumer shall restore
the deposit to its original amount. Any unused portion of such deposit shall be refunded
to such consumer upon discontinuance of such customer service. After such water deposit
has been on deposit with the City of Schertz for a period of five (5) years, and pro-
vided such consumer has not been in default excessively in the payment of bills for
water service during such peri~ of time, such deposit shall be refunded to such water
consumer. Refunds made under the provisions of this ruling will be made annually as of
January I.
SECTION EIGHT (8): A uniform monthly rate shall be charged to all persons, firms,
or corporations for the use of city water within the corporate limits of the City of
Schertz, Texas as indicated in Attachment 2 attached hereto.
SECTION NINE (9): Charge for tank purchases: Whenever water is purchased by any
consumer other than through a service connection through the mains of the City of Schertz,
Texas, and such water is purchased from taps belonging to the City of Schertz, Texas,
such consumer shall pay five cents ($0.05) for each lOa gallons of water purchased.
SECTION TEN {IO): Not more than one consumer as hereinabove defined in Section
Seven (7) shall purchase water through any single meter without the consent of the City
Council of the City of Schertz, Texas,
SECTION ELEVEN (II): All charges to a consumer for water, sewer, or garbage ser-
vices or other utility services that may be acquired by the City of Schertz at a future
date shall be billed to the customer on one bill. The penalty for failure to pay any
portion thereof shall be the same as herein provided for nonpayment of bills for water
consumed.
SECTION TWELVE (12): Meter connection charges and meter installation and repair:
(a) Whenever a prospective user of water from the City of Schertz wishes to connect
to the city water system such user of water shall pay the City of Schertz,
Texas, a connection charge, which shall consist of the cost of all materials
and labor used in connection with such connection and placing the water meter
box plus 10%. This charge shall apply to all meter connection irrespective
of the size of the meter. The water meters installed shall be as prescribed by
city specifications.
(b) The City of Schertz, Texas will keep in repair free of cost all meters that
fail to operate properly as a result of normal wear. Current property owners
will be charged for meters, boxes, materials damaged or destroyed through negli-
gence and for labor costs incurred in reestablishing service,
SECTION THIRTEEN (13): No water other than water furnished by the City shall be
used in any line to which water is delivered. No unknown water shall be permitted in such
line or lines.
(3)
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SECTION FOURTEEN (14): Failure to comply with any of the provisions of this Ordi-
nance shall constitute grounds for discontinuance of service by the City of Schertz.
SECTION FIFTEEN (15): The City of Schertz will not guarantee pressure of volume
or water in any line except City of Schertz owned lines.
SECTION SIXTEEN (16): All charges for utility services furnished or rendered by
the City of Schertz or contractors franchised by such city for which the City of Schertz
is the billing agent shall be due and payable on the first day of each month at the
office of the Utility Department of the City of Schertz, Texas, and if not paid by the
lOth day of the following month in which billed 10% of the total amount of such bill
shall be added to same as a penalty for nonpayment. Checks issued in payment of utility
services that are returned by banking institutions for reason on insufficient funds shall
be reissued to the customer for first offense. Any repetition of insufficient fund checks
being issued for payment of utility bills will result in the requirement of cash payment
of said utility bill and all subsequent utility bills issued by the City of Schertz.
Any deviation or this policy will be at the discretion of the Utility Department.
SECTION SEVENTEEN(17): Any person who has not paid his account by the 20th day of
the month following the month in which billed, shall have his water service discontinued.
It is further provided that all delinquent accounts shall be notified by letter at least
5 days in advance of service being discontinued. In the event of discontinuance of ser-
vice, a reconnection fee shall be charged at the rate of $10.00. Any disconnection that
can be circumvented by personal notification will be assessed a penalty of $3.00. Cir-
cumstences that may arise which would result in an unfair penalty charge being assessed
the consumer will be determined on an individual basis and the findings of the Utility
Department will be final.
SECTION EIGHTEEN (18): All water furnished by the City Utilities Department to its
consumers shall be measured by meters. The size, type and right to own and control all
meters installed or used by consumers of its water shall be determined by said City
Utilities Department, which shall keep all meters owned by it in repair without expen~e
to consumer except as herein above provided.
SECTION NINETEEN (19): All water that passes through a meter shall be charged for,
whether issued or not. Should any meter fail to register correctly the amount of water
used by a consumer since the previous reading, the right shall exist on the part of the
City's Utility Department to average the month and charge for water on the basis of any
three months' average. Should any user demand a re-read of a meter, he shall deposit
$3.00 with the City's Utilities Department. If the re-read shows the meter has been over-
read, the $3.00 shall be refunded to the user; otherwise the $3.00 shall become the pro-
(4)
perty of the City's Utility Department. Should any Consumer demand a metec be tested
for accuracy, he shall make deposit commensuiate with labor testing and water use ex-
penses incurred in such testing. If the Test shows the meter is registering within the
warranty of the meter manufacturer, the deposit shall become the property of the City
Utility Department, If the test shows the meter is registering more water than is
actually going through the meter, the deposit shall be refunded to the user, Nothing
in this section shall be construed as waiving of the payment of bills as provided in this
ordinance.
SECTION TWENTY (20): No water shall be sold for farm irrigation pu~poses.
SECTION TWENTY-ONE (21): Nothing in this section or any other section of this ordi-
nance or any other ordinance shall be construed to compel the City Utility Department to
furnish consumers beyond the corporate limits or to continue such service once begun;
and the City Utility Department reserves the right to furnish such customers it deems
advisable and to, ar any time, wholly or partially discontinue the supply upon violation
of any of the terms of this ordinance the same as though such consumer resided in the
City.
SECTION TWENTY-TWO (22): No water shall be furnished consumers beyond the corporate
limits of the City unless and until such consumer desiring City water shall furnish the
City Utility Department satisfactory evidence that all plumbing, including fixtures and
applianaes, through which City water is to pass, has been approved by the City Utility
Department representative.
SECTION TWENTY-THREE (23): In the event additional plumbing is to be installed on
such premises (outside the corporate limits of the City of Schertz, Texas) water service
shall be discontinued to such consumer unless such additional plumbing installation have
been approved by an authorized representative of the City Utility Department.
SECTION TWENTY-FOUR (24): No plumber or any other person, except authorized employ-
ees of the City Utility Department, shall turn water on or off at any city valve without
a written permit first being obtained from the City Utilities Department.
SECTION TWENTY-FIVE (25): 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 fixtures except upon consent of the Utility Department.
SECTION TWENTY-SIX (26):
Every person taking water from the City Utility Depart-
ment shall at all reasonable times permit the Utility Superintendent or his agents to
enter the premises and building for examination of pipes and fixtures and the manner in
which the water is used, and refusal by any consumer shall result in refusal of water
(5)
supply from the City Utility Department until such permission is granted.
SECTION TWENTY-SEVEN (27): The City Utility Department will make all repairs
and renewals of service pipes from main to meter, and it shall be unlawful for any
other person or persons to repair or renew service pipes from main to the meter.
SECTION TWENTY-EIGHT (28): The right is reserved by the City Utility Depart-
ment to temporarily discontinue and to reconnect without notice water supply to all
consumers for the purpose of making repairs, connections, extensions, and cleaning of
mains, machinery reservoir or any part of said City Utility Department.
SECTION TWENTY-NINE (29): It shall be unlawful for any plumber or person, other
than the tapper employed by the City Utility Department, to tap any main, make connec-
tions with mains or extend service pipes from main to meter or to place a stop cock
and stop box at that point. All of this equipment shall be under the exclusive control
of the City Utility Department, and said tap and service shall be paid for by the plumber
or owner ordering the work done before the work is commenced.
SECTION THIRTY (30): If any section, part of section, provisions, sentence phrase
or word of this ordinance shall be held to be void, ineffective or unconstitutional
for any cause whatsoever it shall in no way affect the validity or the remaining sec-
tions and provisions of this ordinance, which shall remain in full force and effect.
SECTION THIRTY-ONE (31): All of the provisions of this ordinance shall be deemed
to be incorporated in every contract between City Utility Department and its consumer,
and each consumer shall be charged with knowledge of the provisions of this ordinance
and by applying and accepting water from the City Utility Department to have acceded to
the provisions hereof.
SECTION THIRTY-TWO (32): If any consumer shall be in debt to the City Utility
Department for water furnished or for leakage or repairs on any account at his then or
previous place of consumption, his water shall be cut off by the City Utility Department
until payment in full is made.
SECTION THIRTY-THREE (33): Where water service is desired and no mains exist in ad-
joining street, or alley, or road from which to make the connection, it will be necessary
for the applicant to sign a special form of contract and make cash deposit as described
herein following; the contract form shall be supplied by the City of Schertz and shall
carry at least the following conditions and terms; the cost of the proposed main shall
be estimated by the City, and said amount shall be deposited by the applicant with the
City at time of the contract. The contract must be signed by the applicant and the
(6)
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Mayor, and attested by the City Secretary and the deposit made before the work can be
started.
Each size or diameter and length of pipe must be described fully in the contract.
Wrought iron or steel pipe shall not be installed for any public water supply of any more thaI
three-inch inside diameter. No size of pipe smaller than two-inch can be issued forwater
mains under this ordinance. (All mains over 3" diameter shall be of cast iron or transite
of such weight and with such type and style of jointing as may be directed by the City
Engineer).
The City Shall have the right to add extensions or branch mains without jeopardizing
the contract on any main already laid and in service.
SECTION THIRTY-FOUR (34): (A) It shall be unlawful for any person, firm or cor-
poration to take or use water from the system of the City of Schertz except under the
terms and conditions specified and stipulated in this ordinance. All owners and occu-
pants of property are and shall be prohibited from furnishing water supply to others
for any purpose other than specified herein. (B) It shall be unlawful for any person,
firm or corporation~ to willfully and negligently waste water in any manner whatsoever,
and any person having knowledge of any condition whereby water is being wasced shall
at once notify the City.
SECTION THIRTY-FIVE (35): The refusal or neglect of an o"~er 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 ground for
the refusal of the City to connect the premises with the City Utility Department service
or to continue such service after having given notice of intention to shut off the water,
pending the necessary correction.
SECTION THIRTY-SIX (36): (A) It is and shall be unlawful for any person, firm, or
corporation to draw water from any city supply pipes directly into any steam boiler which is
equipped for, or arranged for more than fifteen pounds (IS) pressure per square inch.
All persons, firms or corporations having boilers or closed water heaters supplied
with city water are cautioned against the danger of explosion or collapse. The City of
Schertz will not be liable for any damages that may occur on account of the water being
shut off for any reason cr on account of the breaking of any pipe or fixture by pressure
of the water from the city mains.
(B) Where city water is used to supply a steam boiler (of over fifteen pounds pres-
sure), the owner shall provide a tank of sufficient capacity to afford a supply of at
least four hours into which the service pipe must be discharged over the top of the tank,
and never into the bottom or side.
(7)
,.
,
SECTION THIRTY-SEVEN (37): Where water service is desired outside the corporate
limits, and the City at its discretion agrees to furnish same, and no mains exist in
adjoining streets, alleys or roads from which to make the connection, it will be
necessary for the applicant to sign an option form of contract supplied by the City of
Schertz and shall carry at least the following conditions and terms:
The cost of the proposed main shall be estimated by the City and said amount shall
be deposited by the applicant with the City at the time of the contract. The contract
must be signed by the applicant and the Mayor and attested by the City Secretary, and
a deposit made before the work can be started. The entire cost of such main extension
shall be borne by the applicant without any cost to the City, The size, composition, dia-
meter and length of pipe must be as prescribed by the City and must conform to the speci-
fications established by the said City.
Such main extension shall be the property of the City and the said City shall have
the right to add such extension or branch mains thereto as they may see fit.
SECTION THIRTY-EIGHT (38): This ordinance is cumulative of any other ordinance on
the subject and does not repeal any present ordinances unless this ordinance is in direct
conflict therewith, in which case this ordinance shall govern.
SECTION THIRTY-NINE (39): A violation of any of the rules contained in this ordi-
nance or a doing or causing to be done by any person, persons, firm or association, of
any of the things or acts forbidden or made unlawful in any of the sections of this ordi-
nance and an offense, and shall be puni$hable as such, and for each and every violation
of the terms of this ordinance, the person, firm, association or corporation shall, upon
conviction thereof in the Corporation Court, be fined not less than $100 nor more than
$200.00, and each violation and each day thereof is a failure to comply with the terms
of this ordinance shall constitute a separate offense.
SECTION FORTY (40): Any person, firm or corporation who shall have made applica-
tion for water service to the City of Schertz shall be responsible for all water furnished
under the terms of such application until notice is given to the Utility Department by
such person, firm or corporation of the intention to discontinue such service.
SECTION FORTY-ONE (41): This ordinance shall take effect and be in full force and
effect from and after its passage and publication as required by law.
SECTION FORTY-TWO (42): If any section, sentence, clause or paragraph of this Ordi-
nance is for any reason held to be illegal, or invalid, such invalidity shall not affect
the validity of the remaining portion of this Ordinance. Ordinances #81, #81A, #8IB,
#159, and #224 as amended and all ordinances and agreements in conflict herewith are
(8)
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hereby reapealed effective date of this ordinance.
PASSED AND APPROVED this /May of a-<jl;.u:zI , 1972. A.D.
ATTEST:
1
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;Lv ;.let C-
City Secretary
(CITY SEAL)
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Mayoj>f
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ATTACHMENT In
Fixing a deposit to be charged for utility services provided by
the City of Schertz.
The City of Schertz Utilities Department has a bonded indebtedness
against utility services and must assure sufficient revenues accrue from
the operation of such utilities to amortize such indebtedness.
Therefore, the City Council, City of Schertz, Texas has approved
and requires all utilities users to place a deposit in the following
amounts prior to the granting of such utilities services and that meter
size, as indicated, will be the sole criteria for assessing such deposit:
(a) 5/8" x 3/4" $20,00
(b) 3/4" x 3/4" 30.00
(c) I" 50.00
(d) 11j;" 65.00
( e) 2" x 2" 75.00
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ATTA:CllMENT fn
AFFIXING A RATE SCHEDULE FOR WATER SERVICE PROVIDED BY
THE CITY OF SCHERTZ.
The City of Schertz provides water services to consumers within
the incor?orated city limits and a charge for such water service is
required to support the operation and maintenance expenses of such system.
The following rate schedule has been approved by the City Council,
City of Schertz, Texas and is hereby a part of Ordinance #270:
RATE SCHEDULE
Residential 5/8" x3/4" Service
$4.00 Minimum Monthly Bill for 3,000 gallons
,60 per 1,000 gallons for next 10,000 gallons
.50 per 1,000 gallons for next 10,000 gallons
.35 per 1,000 for all additional water
3/4" x 3/4"
$6.00 Minimum Monthly Bill for 5,000 gallons
.60 per 1,000 gallons next 10,000 gallons
.50 per 1,000 gallons for next 10,000 gallons
.35 per 1,000 for all additional water
It! X I"
$7.00 Minimum Monthly Bill for 7,000 gallons
.60 per 1,000 gallons for next 10,000 gallons
.50 per 1,000 gallons for next 10,000 gallons
.35 per 1,000 gallons for all additional water
l.\.i" x l.\.i"
$12.50 Minimum Monthly Bill for 10,000 gallons
.60 per 1,000 gallons for next 10,000 gallons
.50 per 1,000 gallons for next 10,000 gallons
,35 per 1,000 gallons for all additional water
2F! X 211
$18,00 Minimum Monthly Bill for 18,000 gallons
.60 per 1,000 gallons for next 10,000 gallons
.50 per 1,000 gallons for next 10,000 gallons
.35 per 1,000 gallons for all additional water
411 X 4"
$24.00 Minimum Monthly Bill for 24,000 gallons
.60 per 1,000 gallons for next 10,000 gallons
.50 per 1,000 gallons for next 10,000 gallons
.35 per 1,000 gallons for all additional water
611 X 611
$32.00 Minimum Monthly Bill for 32,000 gallons
.60 per 1,000 gallons for next 10,000 gallons
.50 per 1,000 gallons for next 10,000 gallons
.35 per 1,000 gallons for all additional water