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1976R04- TWELVE INCH WATER MAIN BELOW NACOGDOCHES ROAD WELL SITE ~_._-- ; . . . . . . RESOLUTION NO. '/t-R-Jf A RESOLUTION AUTHORIZING THE CITY UTILITY SUPERINTENDENT TO PROVIOE A TAP OF THE CITY'S TWELVE INCH WATER MAIN BELOW THE NACOGDOCHES ROAD WELL SITE AND ADJACENT TO FM 2252 FOR THE PURPOSE OF SUPPLYING POTABLE WATER TO PROPERTY OWNED BY MR. RON DUNLAP WHEREAS, the City holds a warranty deed of sale which stipulates the following: "A conditi on of thi s deed is that if the City of Schertz produces water from the property herein conveyed, the grantors (George M. Heberer Et ux) herein shall have the right to be supplied by the City of Schertz, Texas, their successors and assigns, with potable water in such quantities as may be necessary to provide an adequate water system" and WHEREAS, Mr. Ron Dunlap owns a parcel of property properly con- veyed by the estate of George M. Heberer et ux thereby making him an assign as outlined above, and WHEREAS, Mr. Ron Dunlap has agreed to accept and pay the connec- tion charges to said 12" main which consists of the cost of all materials and labor used in connection with said connection, including the placement cost of a meter box, plus 10%, and WHEREAS, Mr. Ron Dunlap has also agreed to bear all costs for his water service line, including road boring expenses, from the City's 12" water main to his property, and WHEREAS, Mr. Ron Dunlap has agreed to comply with Ordinance #270 in its requirement for the necessary monetary deposit for a water meter, and to be assessed a water rate charge in accordance with said Ordinance, (attachment No.2) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS that We, the City Council of Schertz, Texas, do hereby authorize the Cith Utility Superintendent to make a tap and service line connection to the City's 12" water main below the Nacogdoches road well site and adjacent to FM 2252 for the purpose of supplying potable water to the property owned by Mr. Ron Dunlap, and BE IT FURTHER RESOLVED, that Mr. Ron Dunlap will pay the City of Schertz, Texas all actual expenses for main tap, connection fee, meter and meter box, plus 10%, and BE IT FINALLY RESOLVED, that . Mr. Ron Dunlap agrees to comply with Ordinance #270 in its requirement for the necessary monetary deposit for a water meter, and to be assessed a water charge in accordance with said Ordinance. PASSED, APPROVED AND ADOPTED this the 10 ti day of 0f~ , 1976. ~C ~ Mayor, City of Schertz, Texas ATTEST: ~25--'.-W"RRANTY DEEO TEXAS STANOARD FORM r---"":u!.......-.F.i.h.'\.:.,...~~\..~ ~."'....7~~ ~'".....:.c'ld.l.'l;~-...~-y~.1'""~~~....,---:-~\..~~~\.~;-....i~"\;~J~~~IAl';).\.~..lai..............~..t~""""l,'; ---;T.<:hT::-;"'~~.4.- ' , lil4r ~tutr nf lilrxu!l } , ~ . . t . iK'ttllUl 1\11 fWtfU hy ijJ~flif Jrflifutli: I. I' OJounty of I ~. That We, George M. Heberer and wife, India D. Heberer ! I ~ ' I Ii I ~. of the County of Comal State of Texas for and in consideration I i , , ~: of the sum of Two Thousand and No!lOO-,;;.---------------------------------- J, -------------------($2,000.00)------------------------------- DOLLARS .' t~' to us in hand paid by The City of Schertz in cash, the receipt of which '~: ~, is hereby acknowledged and confessed! ~: ' ~hXOOwxx : I I · ~ I I ' , ': ! \0.. ! ~. '~, (" , , , - -" .' II l' have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said I ~he CitY,of Schertz, of the County of Guadalupe State of Texas all that certain , , ., piece or parcel of land known and designated as two (21 aCres of land I , I situated in Comal County, Texas, and described as follows: BEGINNING at a point in the East property line of the Heberer tract, j which point is North 300 West 418.8 feet from the Easternmost corner of , said Hebere: t:act ~n the. Northerly ROW lin~ of Nacogdoche~ Road;, " ' It'l,~~: THENCE cont1nu1ng w1th sal.d East, property ll.ne, North 300 West 341.6 ;,p., ,'( , , feet to a point in said East property line the Northeasterly corner 0 WV , , the two acre tract herein described; , ~! THENCE South 600 West 255.? feet t<;> a point, the North westerly COrner I " of the two acre tract here1n descr1bed; ,f',' THENCE South 300 East ~41.6 ;feet to a point, the Southwesterly corner 9~"?c of the two ij.cre tract erein desc:r;ibed; '. THENCE North 600 East 255.0 feet to the ~OINT O~ BEGINNING, containin~ 2.0 acres of land, more or less. Grantors bind and obligate themselves that no sewa~e disposal plant, : I , septic tank, drain ;field, stock,pens Or any other' ;facility o;f any kind which may cause pollution hazard to water produced on said two aCreS will be constructed on the balance or the remaindero;f the Heberer pro- , I perty adjacent to the tract of land herein conveyed. To such extent there is herewith conveyed a sanitary easement on the I balance of the grantors property contiguous to the tract herein con~eyed ~!:l-:'lf=-,3,.,:-W.:- _~ ~"Q.J.~""""'_>:"T:":J.-~~~:~~ -:s::3'!r:~~~"'+;!?1...-':'r.r".l':5!rF: -- ::LV:f'~"L~T -- :.l...-'G2: - - ~F -~~ ~"S7.l. ,-' i~L -~,- _.....~L -~ ~~~. . . . . r~ _.....::,~1.:~ro'-7~~.......,,:;;::......,7,.:i.."'Y~~-:;::;..;.y ~,,- 7Ji.'..-..... ~~"-- T..:s...\: _.'~ T..:J!i;.."Y. J.~ ",~.7.i:u..'\:....m:.::a....T.d..l.: -"'- :.J:.i'i:;..~' -,- ::'':ai..\.. --- 'T.i::.1t..".~~ ---- "hi.., -~ ~~ tf to ,the said City of Schertz, Te~as, 'including in such easement'the matters' ~ hereinabove set out only. I ,t i" a condition of thi, conveyance that the Grantee" herein, their heir' , and assigns, will have the right to use the property herein conveyed for . water wells for the production of water and storage of equipment and any r other use such City may deem appropriate so long as such uses other than ~, those herein specifically mentioned will, not interfere with the subdi- ~' vision of the remainder of grantors property for residential purposes. It is also a condition of this grant that if Grantee, their successors ~ or assigns produce water from the property herein conveyed that Grantors ~ herein shall have the right to be supplied by said Grantees, their suc- ~ cessors and assigns, with potable water in such quantities as may be , " necessary to provide an adequate water system for use of the remainder of .~ Grantors property, either in its present condition, or for the purpose of " developing a residential, commercial, or industrial subdivision. Such J connection to be in accordance with the regulations governing connections ~, to the water system of the City of Schertz, Texas, provided however the tf' location of the grantors 'property outside the City Limits of said City , , shall not be a reason for refusal of such water service, irrespective of 'I: any of the terms or conditions governing the furnishing and sale of water · by the water works of the City of Schertz, Texas. . t, ,< i I " The property herein conveyed shall not be used for a sanitary garbage fill, incinerator or disposal of garbage, nor shall the same be used for any type of sewage disposal or storage nor shall any material which emits noxious or unpleasant odors be stored on such property. and if the conditions set forth in this deed are violated the grantors herein named or any person, firm or corporation purchasing II, property from grantors or holding under them shall hage the right to enforce such conditions by way of injunctive relief, suit for damages or any remedy allowed at law. 1 , ~' I TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said City of Schertz, its J successors , lmi:nll and assigns forever and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises , unto the said City of Schertz, its , ,~ .' I S1;tcceSSOrs ~ an assIgns, against every person whomsoever lawfully claiming, or to claim the same, or any part I thereof. , , , i i ! ~ WITNESS our hands at New Braunfels, Texas, I this 6th day of November ,1968. ~ ~e~~~ ,~ ~x.xx~x>x~~ ~o<HLeL~~ ~ .~ ;(ndia D. Heberer ,~ ~ 1 ',1 I .~ . ~ ~ f ~ - ~ iil & ~ SINGLE ACKNOWLEDGMENT ~ THE STATE OF TEXAS, f ~ ~ COUNTY OF COMAL I ""0'" ., ,", ..,"'""", NMOO ~"', ,. ,., '"' ,,;, C~" ,., '"". ". ili;, ili, '"'""'" '""",' ~, " ~ " ,"8e,orge M. Heberer and Ind.ia. D. Heberer I ~ kno.Yl~ to niEt t9 ~e..the person 5 whose name S a:r;e subscribed to the foregoing instrument, and acknowledged to ,-..... ........ -'f " ~ /: ~~."ilia) ,the:y ....... executed the same for the purposes and consideration therein expressed, ~ : 0.::... " GIVEN UNDER MY HAND AND SEAL OF OFFICE, ~ ~ (~ . ~_; this the 6th day of NoV. A, D, 1968. ~ r " -:;', ........ . ,"':: :" ,~ . ';'-(L:~.)_: , \":;";,:'~' ,~;.,',<.'v,~"t t!/)n~,r,Amf1~m~;rI-mnmnmmnmnmnmn ~. ~ ,~ . " , ' >', .","'"""" ''.', -<: Notary Public in and for Coma 1 County, Texas SINGLE ACKNOWLEDGMENT Norma Lea Koepp ~ ~ THE STATE OF TEXAS, f , COUNTY OF f BEFORE ME, the undersigned, a Notary Public in and for said County and' State, on this day personally appeared I, known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. ~, If GIVEN UNDER MY HAND AND SEAL OF OFFICE, , ~. this the day of A, D, 19 ~' (L. S,) , r I .......................n.n.n.......n.....nnnnn.. .n',.' .....nnn........n..nnnn.n ....n .nn...n...n,'nn........nn ~. Notary Public in and for County. Texas ~. SINGLE ACKNOWLEDGMENT ;. I THE STATE OF TEXAS, f COUNTY OF I BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ~. ~' t, l known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to ~ me that he executed the same for the purposes and consideration therein expressed. .~ (. GIVEN UNDER MY HAND AND SEAL OF OFFICE, ~. this the day of A, D, 19 'J (L. S,) ~. ~' ij, .nn. n n_... nnnn n....h .n..nn. nnn..u_..uunn nnn. n n.. nn_. ...U n..... .nn ..n.nU.. n.. n..n .nnnnnn.nn" ~, ~. Notary Public in and for County, Texas I , I THE STATE OF TEXAS, f I ~ COUNTY OF ~<< ti I HEREBY CERTIFY that the foregoing instru~ of writing with its certificate of authentication, was7 for ~i record in my office on the 'I day of 1: ' A. D, 19 rf f at l' 5'S"o'clock ,M" and was duly recorded by me on the t day of h ' A. D. 19~ f ~ i in'Vol. /'7 ',page2.?0.~2 7,ofth;Rec-;;rdsof'saidCounty, ---- .-,. ._-'~ WITNESS MY HAND and the Seal of the County Court of said County, at my office in ~ the day and year last ahove written, L !: 'n .. ,.,,' .Lu~.mnnmmmmmnn~m ~! (L, S.) cou~ ~ Couoty, Texas ~ " ~ By. .. . ' '.u~. n. .. ,nm mnmnmnnU'..." Deputy, ~: II ~ I, . " I ' ~ ~~~.,-..:~<:l.'L "',',"~ :':I.-~..'"""'''":J,..,......~d":."".",.,"''--.Xli.,:a:.~~:z '"~." _:.:;.c.-:;.y.....",.,..,..,.-.:\.;~'"'""'"~~t7L.....,,-:,:":""".~':J:~,~.-~.~':::.:~,t;u.._:'0,;:r__~.J.........r"",,,,",,:!!CoP::).?~~~.f."""'''''~~''':~~ ----,-------- j. \ .. '. , ORDINANCE 1f270 AN ORDINANCE GOVERNING THE CITY UTILITIES SYSTEM OF SCHERT;" 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 MI,TERS; PRE- SCRIBING RATES" PENALTIES AND DECLARING AN. ~!ERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I , 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 plugs, testing equip~ent and all 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 support such utility services. He shall make 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. 'I 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 I making repairs, extensions, connections, etc. , sho~ld he know beforehand the necessity I 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 premises 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 tha: the provisions of this section shall not apply to the employees of the City when acting in their official capacity. (d) To turn on the water supply to any building or to any supply pip~ where the supply has been turned off for the nonpayment of the monthly water charge o~ for the violation of any rule or ordinance governing the water system. ( 1) (e) To open or close any fire hydrant or stopcock connected with the utilities syste~ of the City of Schertz, or to lift or remove the covers of.any gate valves or shut off thereof, without the permission of the Utility Superint.~- dent, except in case of fire, and then under the direction of officers of tne Fire Department. SECTION FIVE (5): It shall be unlawful for any person, firm or corporation to n~ke any connection to the mains of pipes of the utilities system of the City of Schertz, Texas, without first making application to the City, stating fully the several and various cses for which water is wanted, giving the name of the owner of the property, the number of the lot and block, name of the street and house number. Upon the payment of the meter connection fee, the Superintendent, shall make, or have made, the necessary connections and furnish a cast iron locking stop box and curb cock, the cost of which is included in the meter connection fee, and every premise connected with any water main, or being i i supplied with any water from the city's utilities, shall have a separate service conrec- tion, locking curb stop box and curb cock. If the application is approved, a permi t shall be issued. All fees, and charges shall be paid for at amounts and rates fixed by this ordinance or resolution of the governing body. SECTION SIX (6): All water distributed to individual customers will be metered. Single metering is authorized for more than one unit of occupancy providing responsibil- ity 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 single unit occupancy and where one,of those occupancy's requires a higher water use than single family residence, a meter sufficient in size to meet total requirements will be required. Size of meter will be determined by the Utility Superintendent at time of request and deposit required will be based on meter size as indicated in resolution attached hereto. Provided where a residence, business es tab 1 ishmen t, complete apartment, or trailer hCjse 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 which case the minimum morlthly ctarge shall be made for each additional residence taking water through such meter. Each "minimum" will entitle user to 3,000 gallons per month. The regular minimum, the adci- tioua! minimum, and all water used over the minimums by such consumer, shall be charged to the customer having the meter. SECTION SEVEN (7) : Each water consumer upon making application for service shall place a minimum twenty dollar ($20.00) water deposit as indicated in Attachment 1 of this ordinance with the City of Schertz, Texas which may be applied to payment of any unp"d (2) l 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 refu:lded 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 defeult 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 1. SECTION EIGHT (8): A uniform monthly rate shall be charged to all perso~s, firrr.s, 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 Sccertz, 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 100 gallons of water purchased. SECTION TEN {10): 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 (11): All charges to a consumer for water, sewer, or garbage ser- vices or other utility services that may be acqllired 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 I I 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: I (a) Whenever a prospective user of water from the City of Schertz wishes to co~ect 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 prescribei 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 lebor 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) I , I , , SECTION FOURTEEN (14): Failure to eomply with any of the provisions of this Ordi- nance shall constitute grounds for discolltinuance of service by the City of Schertz. SECTION FIFTEEN (15): The City of r,chertz 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 I , 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 10th 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 Ehall 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 paYLent of said utility bill and all subsequent utility bills issued by the City of Schertz. Any deviation of 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- cumstances 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 expeL~e to consumer except as herein above provided. SECTION NINETEEN (19): All water that passes through a meter shall be chargedfcr, 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 aJY 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 ,=0- (4) I ,- perty of the City's Utility Department. Should any consumer demand a meter be testec 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 t~e 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 purposes. SECTION TWENTY-ONE (21): Nothing in this section or any other section of this o~di- 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, at any time, wholly or partially discontinue the supply upon violat:on 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 corpo~ate limits of the City unless and until such consumer desiring City water shall furnish ~~e City Utility Department satisfactory evidence that all plumbing, including fixtures a~d applianoes, 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 serv:ce shall be discontinued to such consumer unless such additional plumbing installation hove been approved by an authorized representative of the City Utility Department. SECTION TWENTY-FOUR (24): No plumber or any other person, except authorized emp:oy- 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 n~ENTY-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) I 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 i I of the City Utility Department, and said tap and service shall be paid for by the plC2ber or owner ordering the work do~e before the work is commenced. SECTION THIRTY (30): If any section, part of section, provisions, sentence phr.E.se 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 I the provisions hereof. I 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 Depart:t.nt until payment in full is made. SECTION THIRTY-THREE (33): Where water service is desired and no mains exist iL ad- joining street, or alley, or road from which to make the connection, it will be nece~sary for the applicant to sign a special form of contract and ~ake cash deposit as descrired 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) ----,--- ~ , Mayor, and attested by the City Secretary and the deposit made before the work can be started. I j Each size or diameter and length of pipe must be described fully in the cDntract. : I Wrought iron or steel pipe shall not be installed fDr any public water supply of any ~Dre than: I three-inch inside diameter. No size Df pipe smaller than tWD-inch can be issued forwater I i 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 Dr use water from the system of the City of Schertz except under the I 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 tD others fDr any purpDse other than specified herein. (B) It shall be unlawful for any persDn, 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 wasted shall at once nDtify the City. ! SECTION THIRTY-FIVE (35): The refusal or neglect of an o~~er or Dccupant to equip and maintain the premises with proper service connections, utilities or fixtures of apprDved character and quality to prevent waste of water shall be sufficient ground fer i 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 .bich is equipped for, o~ arranged fDr more than fifteen pounds (15) pressure per square inch. All persons, firms Dr 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 bei~g shut off for any reason or on account of the breaking of any pipe or fixture by presscre of the water frDm the city mains. (B) ~~ere city water is used to suppry a steam boiler (of over fifteen pounds pres- sure), the owner shall provide a tank of sufficient capacity to afford a supply of a~ least four hours into which the service pipe must be discharged over the top of the :ank, and never into the bottom or side. (7) . . I , I I I 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 IT~ins 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 punishable as such, and for each and every violation of the terms of this ordinance, the person, firm, association or corporation shall, c~on 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 teres 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 furLished 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 Crdi- nance is for any reason held to be illegal, or invalid, such invalidity shall not afiect the validity of the remaining portion of this Ordinance. Ordinances #81, #8lA, #8lB, #159, and #224 as amended and all ordinances and agreements in conflict herewith are (8) l. i , ! . , , I, hereby reapea1ed effective date of this ordinance. PASSED AND APPROVED this /May of a"'1Jit"cr ,1972. A.D. 0A--/)/Li / ~J Ak;[.f171..-/ Maycip. ATTEST: iI~} C - VA.-J{J City Secretary (CITY SEAL) , . -, , . . . . ATTACliHENT #l 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) 1" 50.00 (d) 11:;" 65.00 (e) 2" x 2" 75.00 - . c. . . . . . . ATTl<CHMENT 1!2 AFFIXING A RATE SCHEDULE FOR WATER SERVICE PROVIDED BY THE CITY OF SCHERTZ. The City of Schertz provides water services to consumers within the incorporated 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, Te;as 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 I" x 111 $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 1-'2" x l~" $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 I 2" x 2" $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 411 $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 6" x 6" $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