ORDINANCE NO. 76-F-8
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ORDINANCE NO. '76 - ;= - gt
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
GOVERNING CONNECTION TO THE SEWER SYSTEM OF THE CITY
AND REGULATING THE SAME; ESTABLISHING FEES FOR CONNECTION
TO THE CITY'S SEWERS; PRESCRIBING FEES TO BE PAID TO THE
CITY FOR SEWER SERVICES; ALLOWING FOR INSPECTIONS BY THE
CITY; PROVIDING FOR PAYMENT OF SEWER BILLS TO THE CITY
WITHIN A CERTAIN TIME LIMIT AND PROVIDING PENALTIES FOR
LATE PAYMENT; REPEALING SEVEN PRIOR ORDINANCES OF THE
CITY NUMBERED 80, 80A, 80B, 95, 159, 74-F-8 and 74-F-ll,
AND ALL OTHER CONFLICTING ORDINANCES; PROVIDING A PENALTY
FOR VIOLATION OF THIS ORDINANCE; CONTAINING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION OF
THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE FOR THIS
ORDINANCE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION I. a. That all owners or accupants of buildings and
structures, or agents for the said owners, situated in any section of the City
of Schertz, Texas, where sanitary sewer facilities now exist, or where they may
hereafter exist, and where any such building is situated or extends to within 300
feet of any such sewer 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 owners or agents of same or occupants
of such property to keep and maintain said water closets and connections thereof
in good working condition, and free from any obstruction, and it shall be unlaw-
ful for any person to build or use any privy vault above or below the ground in
the City of Schertz, Texas. All persons now having privies in such localities
are hereby required to abate the same within thirty (30) days after notice by the
Superintendent of Utilities to do so, and to construct and put in water closets
and connect the same with the City sewer as required by this ordinance.
b. It shall be unlawful for the owners and occupants of any building
or structure situated within 300 feet of any sanitary sewer, in which food is
cooked or clothing is washed to fail to have a suitable sink or hopper for the
reception of waste water.
c. It shall be unlawful for any person to throw, or allow any person
under his or her control to throw, or deposit on the surface of the ground, on in
any hole or vault in or under the surface of the ground, on any lot reaching with-
in.300 feet of any City sanitary sewer, except in the proper and necessary manur-
ing of the soil, any water which has been used for domestic purposes, any human
or animal wastes, or any other liquid or solid wastes.
d. It shall be unlawful for any person, firm or corporation to refuse
or fail to connect all wash stands or slop stands in his or her house or yard,
if the same be within 300 feet of any sanitary sewer of the City, or to allow any
slops, wash or waste waters of any kind to flow over the pavement or into any open
gutter or into the street.
e. The City of Schertz shall be responsible for the repair and main-
tenance of all sanitary sewer system mains and associated facilities used in the
operation of the City's sewerage system. Customers of the sewerage system shall
be responsible for the maintenance of sewer service lines from the point of con-
nection to the customer's building drain. The point of connection or tap at the
City's sanitary sewer main shall be defined as the point of connection or tap at
the City's sanitary sewer main, and not the point where the line enters the user1s
property.
SECTION II. For any connection made by any user of the City's sani-
tary sewer system, the following connection fees shall be paid:
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All persons holding valid plumbing permits dated before
February 19, 1974: $75.00
Single family residences coming into the City sewer system
with permits dated after February 19, 1974: $250.00
Multi family residences with permits dated after February 19,
1974: $250.00 connection fee shall be assessed for each
dwelling unit within multi-family residences.
Individual businesses with permits dated after February 19,
1974: $250.00 per each connection equivalent as determined
by Cibolo Creek Municipal Authority, (as .defined in Exhibit
"A" hereto). A minimum of $250.00 shall be assessed. Any
change in building use or business expansion will result
in a reassessment of connection equivalents with a charge
of $250.00 per connection equivalent over and above con-
nection fees previously paid.
A single family residence is one designed and built for occupancy
by one family. A multi-family residence includes apartments, duplexes, or any
building designed for use by several families. Multiple business units shall be
charged per business unit on the basis that each unit shall be one individual
connecti on.
The cost of each such connection shall be borne by the customer and
no such connection shall be made without the inspection and approval of a designa-
ted agent of the City as to the workmanlike quality of such connection and as to
the compliance with good practice and the provisions of the ordinance of the City
of Schertz, Texas, shall be connected with a "wye" of approved size placed in the
collecting line of such system. No such tap shall be left open overnight or
allowed to remain open at such times as might allow surface drainage into the
sanitary sewer system of said City.
SECTION III. That 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:
Single Family Residence
Base Rate - Each single family residential connection shall be
assessed a base rate of $2.50 per month.
User Charge - Each single family residential user of the sewer
system shall be assessed a monthly rate based on 70% of the
user's average water consumption as computed for the months
of December, January and February. Fifty-five cents (55i)
shall be assessed for each thousand 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 that at the former address until the annual
re-rating which shall occur in February of each year. In
the event that no previous rate has been established by
the customer, the rate assessed shall be determined by tak-
ing the overall average of chargeable water consumption of
all single family residences on the sewer system.
Business and Multi-Family Dwelling Units
Base Rate - The base rate shall be assessed in terms of connec-
tion equivalents, which equivalents shall be determined as
follows: Customer's previous twelve month water consumption
as determined at the annual re-rating in February, shall be
divided by 365; and the result of such division shall then
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be divided by 245. The figure arrived at by the second
division shall be the customer's connection equivalent.
Each business and multi-family dwelling connection shall
be assessed a base rate of $2.50 per connection equiva-
lent 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 equiva-
lent as determined by Cibolo Creek Municipal Authority
in calculating sewer connection fees, until such time
as the customer has established a six-months average.
At such time the base rate shall be based on the six-
mo~ths average until the annual re-rating which shall
occur in each year in the month of February.
User Charge - The user charge shall be assessed on 100%
of the customer's water consumption at fifty-five cents
(55i) per thousand gallons.
Public Schools
Base Rate - Each public school shall be assessed a base
rate of $2.50 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
connection fees, until such time as the new school has
established a twelve months average. At such time, the
base rate shall be based on the twelve month average
until the annual re-rating in February.
User Charge - The user charge shall be based on 70% of
all water consumed each month at fifty-five cents (55i)
per thousand gallons.
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 quanity and quality of waste discharged
into the sewerage system of the City.
Whenever a customer of the City Water Service and/or the City Sewer
Service terminates such service at one address and renews either of such services
at a different address, then and in that event a $2.00 reconnection fee for sewer
services shall be assessed against such customer for the services required in dis-
connecting and reconnecting such customer.
If, and in the event, it is determined that as a result of a tempor-
ary 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 de-
termined by the Superintendent of Utilities based on evidence available to him.
His determination shall be final and unappealable.
Any residence or business outside the City limits desiring to be
included in the sewer system must negotiate with Cibolo Creek Municipal Authority
and the City, and the price for such connection is to be determined by such
negotiation.
SECTION IV. The City of Schertz shall have the right at such times
as it may see fit to cause an inspection to be made of any residence, business
establishment, apartment or trailer house served by a sewer connection of the
City of Schertz, Texas for the purpose of insuring compliance with the provisions
of this ordinance.
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SECTION V. In the event any user of such sanitary sewer system
does not pay matured rates and charges as hereinafter specified, it is hereby
made the duty of the Superintendent of Utilities to disconnect sanitary sewer
service to such user or customer; and whenever the amount past due and deliquent
is paid by such user or customer, such service may be resumed, but there shall
be charged and collected a fee for reconnection to the sanitary sewer system,
plus the actual costs to the said City incurred in the disconnection and recon-
nection of such sewer service.
SECTION VI. Any customer or user who has not paid his account by
the 20th day of the month next.following the month in which billed shall have
his sanitary sewer service discontinued.
SECTION VII. All charges for sanitary sewer service furnished or
rendered by the City of Schertz, Texas, shall be due and payable on the last
day of each month at the office of the Superintendent of Utilities of the City
of Schertz, Texas, and if not paid by the last day of the month in which billed,
10% of the total amount of such bill shall be added to same as a penalty for
non-payment. Ad additional 10% of the original amount of such bill shall be
added for each additional 30 day period 'for which such customer is deliquent.
SECTION VIII. No water service shall be furnished to any customer
or user of the sanitary sewer system of the City of Schertz, Texas, by any
waterworks or supplier furnishing such customer with water service who is de-
linquent in the payment of any sum due the City of Schertz, Texas, for sanitary
sewer service furnished by the City of Schertz. Any waterworks or supplier or
distributor supplying water to any user or customer of the sanitary sewer system
of Schertz, Texas, shall discontinue water service to such user or customer in
the event such sanitary sewer service is discontinued to said user or customer.
SECTION IX. No person, firm, partnership or association of persons,
or corporation shall introduce or cause to be introduced into the sanitary sewer
system of the City any oil, grease, or inflammable material.
Whenever any person, firm or corporation shall install floor and/or
roof drains to be served by the City Sewer Service, such person, firm or corpor-
ation can be required to install approved and properly constructed sand and/or
grease traps in connection therewith.
SECTION X. No free service shall be allowed. To the extent the City
and its various departments avail themselves of the service afforded by the San-
itary Sewer System, they shall pay therefor the same rates charged other customers.
SECTION XI. Any person, firm, partnership, association of persons,
or corporation, or any agent or employee thereof, who shall violate any of the
rules, regulations or provisions of this ordinance, or any part of it or any
portion thereof, by any act either of commission or omission, or cause the same
to be done, shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine in an amount not exceeding $200.00 for each and every
violation. Each violation of each part or any part of this ordinance shall be and
constitute a separate offense; and where such violation is a continued act, each
day such violation is continued, or permitted to continue, shall be a separate
offense, and shall be punishable accordingly.
SECTION XII. Ordinance 80, passed and approved by the City Council
on February 7, 1962, regulating the use of sewers and providing rates, among
others; Ordinance 80A, passed and approved on January 2, 1964, amending Ordinance
80; Ordinance 80B, amending Ordinance 80, passed and approved on the 13th day of
December, 1965; Ordinance 95, passed and approved on the 5th day of March, 1964,
requiring connections to be made to the City sewers and providing a penalty;
Ordinance 159, amending Ordinances 80 and 80B, passed and approved on the 2nd day
of March, 1967; Ordinance No. 74-F-8, amending and ratifying Ordinance 80, passed
and approved on the 19th day of February, 1974, and No. 74-F-ll passed and approved
on the 1st day of October, 1974, are hereby repealed. If this ordinance is found
to be in conflict with any other ordinance of the City of Schertz, the terms of
this ordinance shall prevail.
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SECTION XIII. The City Secretary of the City of Schertz shall
cause the caption of this ordinance to be published in its entirety in the
official newspaper of the City in the form and manner required by law for penal
ordinances. The official newspaper of said City being a weekly publication,
publication shall be made in one issue thereof.
SECTION XIV. If any section, part of a section, phrase or provi-
sion of any section of this ordinance shall be held to be void, ineffective or
unconstitutional for any cause whatsoever, such finding shall in no way effect
the validity of the remaining sections and provisions of this ordinance which
shall remain in full force and effect. The City Council would not have passed
any section, parts of sections, phrases or provisions of any section of this
ordinance that were unconstitutional, void or ineffective if they had known that
they were unconstitutional, void or ineffective at the time of adopting this
ordinance.
SECTION XV. The public importance of this measure constitutes and
creates an urgent public necessity requiring that this ordinance be passed and
take effect as an emergency measure; and this ordinance is accordingly passed
as an emergency measure, and shall take effect and be in force immediately upon
and after its passage.
PASSED, APPROVED AND ADOPTED
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this, the
70/;
day of
, 1976.
/!1,/c ~<</
~ayor, City of Schertz, Texas
ATTEST:
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Exhibit IIAII
Definition of Connection Equivalents
A customers connection equivalents are determined by dividing
his previous twelve months water consumption by 365 to arrive at his daily
water consumption. This daily water consumption is then divided by 245.
The 245 figure is derived as follows:
3~ persons X 100 gallons X 70% = 245
Three and one half persons is the national average occupancy
for single family residents. One Hundred gallons per day is the average
water consumption per person. The 70% allows that not all water consumed
returns to the sewer system. The figure derived when the average daily
water consumption is divided by the 245 figure are the connection equiva-
lents. One connection equivalent should represent the average amount of
water used by the average residential family per day. One equivalent
is the 245 figure. This 245 figure is the unit of measure we plan to
use for charging our base rate.
The base rate is $2.50 per connection equivalent. If an apart-
ment building within the City has a connection equivalent of 5.5, their
monthly base rate will be $13.75. This means that the apartment is pro-
ducing 5~ times more sewerage than the average residential family.
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PUBLISHER'S AFFIDAVIT
The State of Texas }
County of Guadalupe
Before me, the undersigned aufhority, on this day personally appearedum.___..mu____
u_m.uu.u_mm__1d_~___B.,._.1'.?_t..1JnL__uu...______moo_____mum__uu__u_, who being duly sworn says that
he (she) is fhe mm.u____mu.m_f-'/P.),J_9_h~I'_um___m________m._ of __r.h~__:v:9:A),_E?~y.__N_E?~~_.__'n______'
a weekly newspaper published a.t _u...m_.u.u._m.u__.__.$_E?_g~J_D...m_._u__m_u._m.m.m.uu' in said
county and state and that __.... u__m.m _uum__u -._u____uu mm_____nT-l_<?~?:_~.~u u.____ __m __u __.u .m_u __.__"
a copy of which is hereto attached, was published in said newspaper on __m_______umum.___..
_ _ __ _____ _ __ _ _ __ _ _ __ _ _ ._~_~p. ~ _ ~ __.?:~ _~_ __?:~ _7_~__ _ _ __ _.... _ __ _. ___ _... ___.._ _ ____. __.. __ _ _ __ _ _._. ___ _ _ ____ __. _ .._..__. __ _.._ _. __ _ _ __.. _... __..
_...______..__lAQ~..__..u...
Subscribed and sworn to before me this the __m_m____.u_____J.9.t...._u_____.moo._____u__ day of
_________ummmu.Q_G_t.QR~_L___m' 19__1_6___
..___~~~~-0:-!.--llrl~~-~~~~~y:--u
Notary Public in and for
__m9.~_~Si.9:J.~.P..t?.____.___._u_____________ County, Texas
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ORDINANCE NO. 75-F-8
AN ORDINANCE BY THE
CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS,
GOVERNING CONNECTION
TO THE SEWER SYSTEM
OF THE CITY AND
REGULA TING THE SAME;
EST ABLISHING FEES FOR
CONNECTION TO THE
CITY'S SEWERS; PRE-
SCRIBING FEES TO BE
PAID TO THE CITY FOR
SEWER SERVICES;
ALLOWING FOR IN-
SPECTIONS BY THE CITY;
PROVIDING FOR PAYMENT
OF SEWER BIlLS TO THE
CITY WITHIN A CERTAIN
TIME - - LIMIT AND
PROVIDING PENALTIES
FOR LATE PAYMENT;
REPEALING SEVEN PRIOR
ORDINANCES OF THE CITY
NUMBERED 80, BOA; 8OB, 95,
159, 74-F-8 and 75-F-ll, AND
ALL OTHER CONFLICTING
~ ORDINANCES; PROVIDING
, A PENALTY FOR VIOLATION
OF THIS ORDINANCE;
CONTAINING A SAVINGS
CLAUSE; PROVIDING FOR
PUBLICA TION OF THE
CAPTION OF THIS OR-
DINANCE; PROVIDING AN
EFFECl'IVE DATE FOR THIS
ORDIN ANCE; A-ND
DECLARING AN
I EMERGENCY.
Passed, approved and
adopted this the 7th day of
September, 1976. .
June G. Krause
City Secretary
City of Schertzl Texas
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