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83-F-7 WATER & SEWER ORDINANCE NO. 83 - r - 7 AN ORDI NAN CE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS GOVERNING CONNECTION TO THE WATER AND SEWER SYSTEM OF THE CITY AND REGULATING SAME; ESTABLISHING FEES FOR CONNECTION TO THE SYSTEM; PRESCRIBING FEES TO BE PAID TO THE CITY FOR WATER AND SEWER SERVICES; ALLOWING FOR INSPECTIONS BY THE CITY; PROVIDING FOR PAYMENT OF WATER, SEWER AND GARBAGE BILLS TO THE CITY WITHIN A CERTAIN TIME LIMIT AND PENALTIES THEREAFTER; PROVIDING FOR MANDATORY CONSERVATIDN AND DRAUGHT WATER SURCHARGES DURING WATER EMERGENCY; PROVIDING A WATER AND SEWER EXTENSION POLICY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I. Provisions of Ordinance deemed incorporated into service contracts; compliance with ordinance. A. All of the provisions of this ordinance shall be deemed to be incorporated into every contract between the city and its water and sewer customers, and each customer shall be charged with knowledge of the provisions of this ordinance and, by applying. for and accepting water and sewer service from the city, shall be deemed to have acceded to the pro- visions of this ordinance. 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, except under the terms and conditions specified and stipulated in this ordinance. SECTION II. Failure to comply is grounds for discontinuance of water service. Failure to comply with any of the provisions of this ordi- nance relating to the water system of the city shall con- stitute grounds for discontinuance of water service by the ci ty . SECTION III. Water usage and rates during periods of draught. A. Usage and rates; When the water level in the City's water storage tanks is at such level as to activate the 10l~ water warning system due to excessive water usage, the Mayor, with the advice and recommendation of the City Manager and Public Works Director, shall declare that a need for mandatory water conservation exists. A Special Meeting of the City Council shall be called. Upon the City Council's determination that mandatory water conservation is required, the following provisions shall be placed into effect: 1. It shall be unlawful for the owner or occupant of any residence or business to use water for any outdoor purpose, including but not limited to lawn sprinkling and vehicle washing; provided, however, that the watering of out- door vegetation from a hand held hose will be permitted. 1. 2. In qddition to the standard rates for water use in existence at the time of the declared emen:lency, there will Be an add it iona 1 draught surcharge of two dollars C$2.DO} per thousand ga 11 ons used per month in excess of ten thousand ClO,OOO} gallons for all residential users. 3. The foregoing provisions of this section shall remain in effect from the day the Mayor declares a need for mandatory water conser- vation exists or that a water emergency exists and shall continue in effect from day to day until such time that a resolution is adopted by the City Council at a regular or special called meeting declaring that the need for mandatory water conservation or a water emer- gency no longer exists. 4. An appropriate and fair pro-rata formula will be used to determine billing rates based on number of days the mandatory water conserva- tion declaration remains in effect. B. Notice of Declaration. . Notice of the declaration placing mandatory water conservati.on in effect will be publicised to insure all water users are aware of the emergency measure Being instituted. Each person not complying shall fi.rst be issued a written warning advising of the declaration, the consequences. SECTION IV~ General Policy. In the sale of water by the City of Schertz, Texas, to any person, firm or corporati on, within and without the ci ty 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 spedfic 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 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. SECTION V. Nonliability of city in case of failure to supply water for fire-fighting 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 supp-ressionof 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. SECTION VI, Water and Sewer Line Extension Policy, CSee Exhi.bit # 1 2 SECTION VII. Director of Public Works Generally. A. Th ere is hereby created the offi ce of Pub 1 i c Works Director of utilities for the city, which officer shall, under the direction of the City Manager, have supervision of the water and sewer systems of the city. He shall have general supervision over all employees of the water and sewer systems, shall make frequent trips of inspection over such systems and sha 11 make all ,!rrepai rs deeliled necessary and consistent with his duties. In the absence of a Public Works Director, all of duties designated concerning the water and sewer system will be assigned to the Water and Sewer Superintendent. B. The Public Works Director of utilities shall report violations of all ordinances governing the establish- ment, maintenance and operation of the water system and sewer system to the City and shall forthwith proceed to have all offenders prosecuted as provided by the ordinances of this city. SECTION VIII. 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 for said connection or use. Application for such permit shall be filed in the Municipal Office, 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 connect- ion fee, the Pub 1 i c 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. Every premises connected with any water main, or being supplied with any water from the City's system, shall have a separate service connection, locking curb stop box and curb cock, v:" SECTION IX, Water Connection charges. (See: Exhibit # 2 SECTION X. 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 pl ace a stopcock and stop box at that point, All of this equipment shall be under the exclusive control of the city and such tap and service shall be paid for by the plumber or owner ordering the work done before the work is commenced. SECTION XI. Repair and renewal of water service pipes. The Ci ty will make all repai rs and renewals of water servi ce 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. 3 SECTION XII. Required sewer connections and fixtures; unlawful disposal of sewage. A. All owners or occupants of b ui 1 dings 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, 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 con- dition, and 'free from any obstruction. B. It shall be unlawful for any person to build or use any permanent privy vault above or below the ground in the city or any lot or parcel of land, the property line of which, at any point, extends to within a distance of three hundred(300) feet of a city sanitary sewer, 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 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. 0, It shall be unlawful for the owner or occupant of any building situated within three hundred(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; 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, except in the proper and necessary manuring of the soil, any water which has been used for domestic pur- poses, 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 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. SECTION XIII. Sewer connection fees; inspection and method of connection; tap not to be kept open, A. For any connection made by any user of the city's sewer system, Exhibit 3 , Connection fee Schedule shall be utilized to compute fees to be paid, 4 . B. That all users with non-industrial building permits issued prior to 20 January 1982 will be assessed connection fees at $250,00 per residential equivalent. C. A single business or single-family residence is one designed and built for occupancy by one family or business. A multiple-family residence or business includes apartments, duplexes or any buildings designed for use by several families or businesses. Multiple units shall be charged $550.00 per residen- tial equivalent. D. The cost of each such connection shall be borne by such customer and no such connection shall be made without inspection and approval of a designated agent of the city as to the workmanlike practice and the provisions of the ordinances of the city. No such tap shall be left open overnight or allowed to remain open at such times as might allow sur- face drainage into the sanitary sewer system of the city. F. In the case of new construction, the above fee must be paid before issuance of a Certificate of Occupancy. If a Certificate of Occupancy is not required, the fee must be paid at the time a plumbing permit is issued. SECTION XIV. Water Meters generally. A. All water furnished by the city to its consumers shall be measured by meters. All meters shall con- form to city specifications and size, type, right to own or control all meters installed or used by consumers of its water shall be determined by the city, which shall keep all meters owned by it in repair, without expense to the consumer, except that the property owner will be charged for meters, boxes and materials damaged or destroyed through negligence and for labor costs incurred in reesta- blishing service. B. No more than one consumer shall purchase water through any single meter, without the consent of the city council; provided that, 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 re- quires a higher water use than a single-family resi- dence, a meter sufficient in size to meet the total requirements will be required. The size of the meter will be determined by the Director of Public Works at the time of the request for service. SECTION XV. 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 ln any manner change, interfere with or tamper with any such water meter. The provisions of this section shall not apply to the employees of the city when acting in their official capacity. ': 5 SECTION XVI. Cross connections 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 1 ine. SECTION XVII. Water service outside city limits generally. A. No water shall be furnished by the city to consumers 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 authorized repre- sentative. In the event additional plumbing is installed on such premises, water service shall be discontinued to such consumer, unless such addi- tional plumbing installation is approved by the Director of Public Works or his authorized repre- sentative. B. Nothing in this section or any other section of this chapter or any other ordinance shall be construed to compel the city to furnish water to consumers beyond the corporate 1 imits or to conti n ue such service-once begun, and the city reserves the right to furnish service to such customers it deems ad- visable and to, at any time, wholly or partially discontinue the water supply upon violation of any of the terms of this chapter, the same as though such consumer resided in the city, C, Cost for service outside the city (See: Exhibit 4 SECTION XVIII.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 fixtures, except upon consent of the Director of Public Works. SECTION XIX. Manner of making connections. All connections within the city limits or to the patrons 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 to its patrons 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. B. If the property to be served is on a dedicated street, the city, upon payment of the regular connection charge and an additional payment of a charge per foot, consisting of the cost of labor and materials plus ten percent (10%), construct such line to the patron's property line. C, The city may assess, in addition to the service con- nection charge, the estimated cost of breaking and replacing pavement necessary to make such connections; 6 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 patron 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 water or sewer service. In the event the assess- ment is more than the actual cost of such boring under or crossing over any street or highway, the difference shall be refunded to the patron upon completion of the work. E. The city will set a meter at the property line and extend a two-foot service line where the cutoff will be installed for use by the customer. F. All lines constructed and meters installed under the provisions of this ordinance shall be the property of the city and the city shall have full control and jurisdiction over such lines and meters. SECTION XX. Water not to be sold for irrigation purposes, No water shall be sold by the city for farm irrigation purposes. SECTION XXI. 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 breaking of any pipe or fixture by pressure of the water from the city mains. C. Where city water is used to supply a steam boiler of over fifteen (15) pounds pressure, the owner shall provide a tank of sufficient 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. SECTION XXII. Wasting water. A. It shall be unlawful for any person to willfully and negligently wasteiwater 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. 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. 7 SECTION XXIII.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 a written permit first being obtained from the Director of Public Works. SECTION XXIV. Unlawful opening, closing, etc., of fire hydrants or stopcocks. It shall be unlawful for any person to open or close any fire hydrant or stopcock connected with the water system of the city, or to lift or remove the covers of any gate valves or shutoff thereof, without the permission of the Director of Public Works or his authorized representative, except in case of fire, and then under the direction of offi cers of the fi re department. SECTION XXV. Turning on water supply after turn off by city. It shall be unlawful for any:.person to turn on the water supply to any building or to any supply pipe where the supply has been turned off, for any reason by the city, without permission from the Director of Public Works. SECTION XXVI. Procuring water by fraud. It shall be unlawful for any person to resort to any fraud- ulent device or arrangement for the purpose of procuring water for himself or others from private connections on premises contrary to the city regulations or ordinances. SECTION XXVII.Duties of consumers. Water consumers 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 stipu- lated 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, the Public Works Director may cause the water to be turned off. SECTION XXVIII.Maps of waterworks system. The Public Works Director shall keep in his 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. SECTION XXIX. Water rates established. A. Water rate schedule C See: Ekhibit 4 B. Where a residence, business establishment, complete apartments or mobile home is not in reach of city water mains, 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 monthly charge shall be made for each additional unit taking water through such meter. Each "minimum" will entitle user to three thousand (3,000) gallons per month. The regular 8 minimum, the additional mlnlmum, and all water used over the minimums by such consumer shall be charged to the customer having the meter. C. All water that passes through a meter shall be charged for, whether used or not. D. Whenever water is purchased by any consumer other than through a service connection through the mains of the city, and such water is purchased from taps belonging to the city, such consumer shall pay $0.10 cents ($0.10) for each one hundred (100) gallons of water purchased or $1.00 per thousand gallons. SECTION XXX. Sewer Rates established: (See: Exhibit 5 SECTION XXXI Charge for disconnecting service at one address and recon- necting at another address. Whenever a customer of the city water service and/or the sewer service terminates such services at one address and renews either or both of such services at a different address, a five dollar ($5.00) reconnection fee shall be assessed against such customer. This charge is for the services required in disconnecting and reconnecting such customer. SECTION XXXII No free service; city to pay same rate as other consumers. No free water or sewer 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 rates charged other consumers. SECTION XXXIII. Deposit to assure payment. A deposit of sixty dollars ($60.00) will be required for each patron. At the request of a patron, the deposit may be paid as follows: $20.00 paid at time of service connection and $20.00 added to the first monthly billing and $20.00 to the second monthly billing for a total of sixty dollars ($60.00) deposit. Any unused portion of such deposit shall be refunded to the consumer upon dis- continuance of his service. After deposit has been held by the City of Schertz for a period of five (5) years, and provided the consumer has not been in default excessively in the payment of bills for utility service during such peri od of time, such depos it shall be refunded to the consumer. Refunds made under the provisions hereof will be made annually as of January first. SECTION XXXIV. Estimated bills - access obstructed. If easy access to a meter is obstructed in any manner what- soever by a patron, or if entrance to the premises is made dangerous by a vicious dog or otherwise, thereby preventing a meter reader from procuring a reading of the meter, the charges may be estimated for the amount not to exceed double the normal charge, and it is further provided that in case the consumer does not remedy the condition and should he further refuse to pay the estimated bill, the city water department shall have the right to discontinue the services without further notice and service shall not resume until the conditions complained of have been remedied and all charges for water service paid. 9 SECTION XXXV. Estimated bills - Meter failure. If a meter fails to register the water actually consumed by reason of the register or meter being out of order, the city water department may estimate the charge based on the consumption of the previous six-month period. SECTION XXXVI. Checking meters. If a patron complains of the charges for water supplied him and if he demands that the meter supplying his premises be tested, the city water department may remove and test the meter provided that the consumer or his representative shall witness such test. If it is found that the meter does not register in error more than two perq:mt<(2%) fast, the consumer shall pay the amount of ten dollars ($10.00) for making the test and no adjustment of the charges shall be made. If, however, the meter should register more than two percent (2%) fast, the consumer shall pay no fee for such test, and the city water department shall make appropriate adjustment in the water service charges. SECTION XXXVII. Responsibility of applicant for service for payment, The person who makes application for water and sewer ser- vice shall be responsible for payment of charges provided for in this article, until notice is given to the city by such person of the intention to discontinue such service. SECTION XXXVIII. Billing; when and where due and payable. All charges to a consumer for water, sewer, and garbage service shall be billed to the customer on one bill. Such bill shall be due and payable on the first day of the month next following the date of the bill at the Municipal Offices. SECTION XXXIX. Penalty for delinquency. SECTION XL If a bill for water and sewer service is not paid on or before the tenth day of the month following the billing month, 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. If the 10th of the month occurs on a day when the Municipal Building is closed, the date for payment will be extended to the next succeeding day when it is open. Mail' postmarked the 10th or the extended date when the 10th is on a closed date, shall be accepted, Payments in the drop-box at 8:00 A.M, on the 11th or the extended date will be accepted. An additional ten percent (10%) of the original amount of such bill shall be added for each additional thirty-day period for which such customer is delinquent. Discontinuance of service for failure to pay. A. Any person that has not paid the bill for water and sewer servi ce by the twenti eth (20th) day of the month following the month in which billed, shall have his water service discontinued. B. In the event of discontinuance of service under this section, the service will not be reinstated until all past:'due bills plus a reconnection charge of frifteen doll ars ($15.00) and any and all pena lti es have been paid. 10 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 Mun i cipa 1 Offi ce is open. D. In the event that a customer 0f the city sewer system is supplied with water service by a water works or supplier other than the city, such water works or supp li er shall di sconttnue water servi ce to such customer, upon notice from the city that such customer is delinquent in payment of his sewer bill service. E. Re-installation fee'- In the event the;lwater meter servicing a customer must be removed after discon- tinuance of service under this section, the service will not be re-instated until all past due bills, all reconnection charges, penalties and a re-instal- lation fee of $15.00 have been paid. SECTION XLI. Cash payment required in cases of returned checks. When more than one check is issued by the same customer for payment of bills rendered under this article is returned by the bank for ins uffi cient funds, such customer wi 11 be requi red to pay future bill s in cash. The customer wi 11 be assessed a fee of ten dollars ($10.00) for each and every time an insuffi dent or non-sufficient funds check is returned to the city. SECTION XLII. New construction utility customers, temporary services, and garbage service on ly, A. All new construction utility customers will be charged according to the following schedule: 1. ltJater servi ce charges begin the date of service turn-on. 2. Sewer service charges begin the date of the sewer tap. 3. Garbage servi ces charges begi n the date of occupan cy, Water service will not begin until a deposit has been made and a deposit card completed on the customer. In the case of a customer that has established a good credit rating with the city, (five years continuous residence with deposit refunded), no deposit will be required. B. Temporary Services. 1. Extended Absence: When the owner Or occupant of a residence plans to leave the area for thirty of 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 ten dollars ($10.00), and billing will commence effective the date of turn-on. 11 2. Realtors and Rental Property Owners: Realtors or rental property owners that desire service for a specified period of time in order to clean-up or perform maintenance on their property are authorized to make a sixty dollar ($60.00) deposit that will not 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 terminated. Upon termination of service a utility bill will be prepared reflecting water usage only. 3. Developers, Builders, and Sub-dividers: Dev- elopers, 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 de- posit based on 2~ times the estimated water usage for all homes under construction. 4. Bulk sales from fire hydrant, connection fee, deposit, and user charge: The sale of bulk water from fire hydrants throughout the city must be approved by the Director of Public Works. Under normal conditions, bulk water customers must use the water dispenser machine located on Live Oak Road. When a customer must use a fire hydrant to procure water, the customer will be required to make a deposit of sixty dollars ($60.00), pay a service charge of fifty dollars ($50.00) which is not refundable, and will be charged at the rate of $1.00 per thousand gallons of water obtained. 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. C. Garbage Customer Only: Persons that are not water and sewer customers of the city but require garbage pickup, will make a deposit for garbage pick-up in the amount of fifteen dollars ($15.00), or 2~ times the garbage fee, whichever is greater. SECTION XLUI.Penalty for violation: Any person, firm or corporation, violating the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in a sum not to exceed Two Hundred Do 11 ars ($200.00) SECTION XLIV, Repealing Ordinances in conflict, Repealing all ordinances in conflict specifically Ordinances 78-F-7, 78-F-10, 78-F-17, 78-F-19, 79-F-12, 80-F-24, 81-F-l, 81-F-16, 81-F-28, 82-F-4, 82-F-6 and 83-F- 4. 12 SECTION XLV. Effective Date The City Secretary of the City of Schertz, Texas, is hereby directed to give notice of the passage of this ordinance by causing said ordinance to be published in one (1) issue of the official newspaper of the City. r:K. PASSED, ADOPTED AND APPROVED on this the ? . 19,<6"3 ATTEST: (CITY SEAL) 13 EXHIBIT NO. 1 CITY OF SCHERTZ UTILITY EXTENSION POLICY SECTION I. 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: The person requesting the extension of utilities. D. Developer's Cost: The total cost of utiltties (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. 80-S-13 Subdivision Ordinance. 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 continge~cy costs. H. Utilities: Pertaining to the installed cost including: labor, ditching, engineering, and material of line, fire hydrants, valves, fittings. lift station, and other appurtenances neces- sary to furnish water and sewer service to a subdivision, plus "any administr.ative charges. SECTION II. EXTENSION TO DEVELOPMENTS OR PROPERTIES WITHIN THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS, SHALL BE IN THE MANNER HEREIN PRE- SCRIBED: A. The cost to the Developer or the person requesting the extension: 1. The Developer will pay 100% of the total cost of extensions from existing City utilities including the cost of R.O.~:. 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 Develooer, The Developer's cost will be ,reduced by the amount the 14 EXHIBIT NO. 1 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 differ- ence 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 be subject to the approval of the CITY. Should the Develo- per 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 uncondi- tional guarantee from a financial institution, approved by toe City, for the Developer's share of the utility ex- tensions 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. 4. The Developer who contributed in excess of his pro rata charge for construction of a utility extension will be el i gi b 1 e for refunds. When assessed property owners ~Iho did not pay their pro rata charge request, service and pay 15 EXHIBIT NO. 1 ...' their share, plus the additional costs set out in para- graph 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 re- covered by the developer within five (5) years will be forfeited and no further reimbursement will be allowed, The Gity will continue to collect the pro rata shares and use the funds to offset bookkeeping costs and main- .. tenance of the utilities. EXAMPLE: The properties to be served require the capacity of 8" sewer and water 1 ines. The City requires the additional capacity of 12" sewer and water 1 ines 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 I S SHARE Difference between 8" and 12" water 1,320 feet x $3.00 = $ 3,960 Difference between 8" and 12" Sewer 1.320 feet x $3.00 = 3.960 TOTAL $ 7.920 INITIAL OUTLAY: Developer $15,840 7,920 $23.760 City TOTAL Assuming six participating parcels have a pro rata share of the total cost of $2,640 each (according to Schedule I), the Developer would receive $13.200 (15,840 - 2.640) back as each parcel pays its $2,640 share. 16 EXHIBIT NO. 1 NUMBER OF PARCELS PAYING. THEIR PRO RATA SHARE COST OF DEVELOPER AMOUNT REIMBURSED BY OTHER PROPERTY OHNERS AS THEY CONNECT TO UTILITY EXTENSION Original cost l. 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 extensiort: 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 or any other governmental agency must eventually be provided by the property owner or owners served by the extension. 4. Any customer not contributing t~e pro rata charge at the time of installation of the utility extension who re- quest 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 cond it i on not covered by these regula t ions 0 r of such a nature that would result in an inequitable pro rata charge to any customer, will b~ negotiated by the City Council at the time of installation of a proposed line extension. 17 EXHIBIT NO. 1 SECTION II I. EXTENSION TO ,PROPERTIES OR DEVELOPMENTS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS. SHALL BE IN THE MANNER HEREIN PRESCRIBED: Properties outside the City limits that will be served by a utility extension will pay one and one-half (l~) times their pro rata share to the City. to offset the additional costs to the Utility System. Policies regarding payment, reimburse- ment of the Developer and the calculation and payment of pro rata shares of participating property owners are the same'as ~ ......... Ow .. .'~ in Section II. SECTION IV. UTILITIES WITHIN A SUBDIVISION: Developers shall pay the entire cost of the provision of utilities and of compliance with the Subdivision~~dinance, within their subdivision. Utilities will be constructed to meet City specifications and requirements. Policy Issued ~t}l} l./U:L /b' /9 p _> , " Date ?\ /// J /? 1/ / x:; " /../'.//,~A' /i/? 'O/-::~ 4I1ayor, City of Schertz, Texa,s' v ATTEST: .. 18 EXHIBIT NO. 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 ~ill 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 the extension is located or adjoining either side of an alley, .~ easement or unpaved road, points will be computed. as follows: 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 ext~nsion) 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 avail- able 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 a property will never tie on to the system, it will be ommitted from the calculations. Any property owner wanting to connect to the utility extension which had not been included in the calculations would have to pay a pro rata share based on the number of potnts 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-\'Iay, but will be served by the extension, are still subject to the pro rata assessment. lq EXHIBIT NO. U. SCHEDULE l(cont.) The number of pOints are calculated the same way (Schedule I), 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 o "Attached examples for Schedule 1). 20 EXHIBIT NO. 1 SCHEDULE 1 (cant.) ExmPLE FOR SCIIEDULE I ~ 1550' or g" water line extension with total cost of $5.000.00 and City participation o.f $1.000.00. (Difference between cost of 6" line and 8" line) -..., .' .. ~~.. '. " , ';';:ao .- "!\.I . l "QO' 500' , 100' ... 500' m )( ~. '" " ~. E ::> 0"" C I.Cl 1TI n - 0 ~. U1 Cl 0 .... 0 A - '<: - . D " 0: ~, . w ::> . B Cl '" . .::> . - a a , - F , 401)' 500' 100' 300' 200' ., Paved Hlghway 1550' X 8" Extenslon 500' 1000' .e- 'I .c. 0 Cl Cl - Cl - G " H a= Acreage d= Oistance from origin of extension to midpoint of frontage f= Frontage 21 EXHIBIT NO. 1 SCHEDULE l(cont.) EXAMPLE FOR SCHEDULE I (CONT'D) 22 EXHIBIT NO. ij REIMBURSEMENT CONTRACT STATE OF TEXAS I COUNTIES OF BEXAR, GUADALUPE I AND COMAL I THIS, CONTRACT, mad~ and entered into by and between the City of Schertz, Texas, hereinafter called The City, and , hereinafter called DEVELOPER. .,... WITNESSETH: WHEREAS, DEVELOPER is the developer of the following described property: 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 CIT~ on WHEREAS, the actual cost of such improvement and the amount to and 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 with City 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 o~ to those lines must participate in the original cost by reimbursing either the DEVELOPER withiR 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 arrange- ment 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. 23 .. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (SEAL OF CITY) DEVELOPER 24 EXHIBIT NO. q .. Date. Prepared Today CITY OF SCHERTZ CONSTRUCTION COST ESTIMATE Page 1 of 1 pages Name of Project Great Sky Subdivision Place ~f Estimate SomeStreet, Offsite Sanitary Sewer Basis for Estimate: No Design Complete final Design X Preliminary Design Estimator George Checked By: Pete .. . ""'", , , , ITEM # I DESCRIPTION UNIT QUANTITY UN IT 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') EA 4 500.00 2;000.00 4 Extra depth M.H. VF 12 65.00 . 780.00 5 Manhole Adjustment EA 4 60.00 240.00 . TO AL COST ' , 10.608.85 Z% CITY NSPtCllUN 212.17 Engin ering " , 795.17 TOTA 11 ,616'.68 , . ..-' . . , . I j , ::> EXHIBIT NO. 1 Exhibit liB" 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. - $4664.18 Arturo $457.14 Louis - $1,177.61 - total _ $1,819.21, 641. 60 - Charles - $713.78 _,.;.j4 chae 1 . : - $338.66 Nicholas - $1,257.81 John - $7,711.31 Total: $21,934.49 Following persons will pay the following amounts for sharing of the Sanitary Sewer which was laid in/on Somestreet Arturo - $963.51 - $713.79 - $5,262.69 - $4,676.69 Mi chae 1 John Nicholas Tota}: $11,61!;68 -:- 26 . EXHIBIT NO. 1 SUODIVISIOII ~ COST PRO- TOTAL PER MIA b.QI CAlCULAT lOllS POUlTS PO lilTS POINT CHARGE RDFD 921 tA) 1 Acres in Parcel x 500 pts. = 500 1710 x56345699 = 963.51 121" Feet fronting on line x 10 pts. = 1210 SDFE 903 (8) 1.08 Acres in Parcel x 500 pts. = 540 . 1266.8 = 713:79 x 72.68 Feet fronting on line x 10 pts. - RDED 971 (e) 12.08 Acres in Parcel x 50::! pts. = 6040 9340 x =5,262.6~ 330 Feet fronting on line x 10 pts. = 3300 SDFE 901 (D) 10 Acres in Parcel x 500 pts. = 5000 8300 x =4,676.6 330 Feet fronting on 1 i ne x 10 pts. = 3300 Acres in Parcel x 500 pts. = (E) '. Feet fronting on line x 10 pts. = = x Acres 1n Parcel x 500 pts. = (F) . Feet fronting on line x 10 pts. = . :; x Acres in Parcel x 500 pts. :; (G) Feet frontlrig on' line x 10 pts. = :; x (H) Acres in r.1l'cC' 1 x 500 pts.' = x = Feet f rOil t 1 n9 ,on line x 10 pts. = TOTAL POINTS = 20-,-,<i16.8 TOTAL COST: 11,616.68 """"~rp T"T:"p ""r'\Tn'T' '" r, ~ ,- ~. r, 0 Q ?7 EXHIBIT NO.2 WATER CONNECTIQN CHARGES: A. The following connection charges ~i'll be in effect frol]l the effective date of thi.s ordinance: 5/8" X 3/41! water connection ch.arge '3/4" x 3/4" water connection chanle $75.00" , '$ , ''95\'00 '. \" . ' ., 1"' X ll! water connection charse l!al! and 21' water connection charse '$ '125,,'00 '" ", \.,," , \, _$ 325; OG ",\' ....., ' B. The regular connection chanles will be: ttte current cost plus ten percent (10%1 of the labor and material to install th.e meter. C. Ten dollars C$lo.OOI shall be added to the above fee for connections outs i. de the ci t,y limits. D. Other charges in conjunction with extension of water serl1tce wi:ll be in accordance with Se,ction VI' and Exhibit ':'1 ' (Water and Sewer Extension Policy. 28 . . EXHIBIT NO. 3 RES IDENTIAL SEWER CONNECTION FEE SCHEDULE CONNECTION EQUIVALENT(S) Single-Family Residential Mobile Home, Motor Home or Camper Sites per space Multi-Family, Including Apartments per apartment Motels, Hotels with Cooking Facilities in Rooms per room Mote.lS, Hotels without Cooking Facilities in Rooms 1/3 per room Nursing Homes/Rest Home or their Equivalents with- out Cooking Facilities in their Rooms 1/3 per room NON-RESI DENTIAL CONNECTION EQUIVALENT(S) Service Station Individually assessed to compensate the Authority for treatment capacity required to serve the user. Swimming Pool (Public/Commercial) Car Wash (Per Bay) Manual 1 Automatic 5 Industry (With or without industrial process effluent) Individually assessed based upon amount, strength and type of process discharge, number of employees, number and size of buildings, etc. to compensate the Authority for treatment plant capacity required to serve the user. OTHER NON-RESIDENTIAL CONNECTION EQUIVALENT(S) (Per Diameter of System Tap) 4" 6" 8" Office Bldg., Retail Store Bowl ing Alley 1 2 4 4 1 2 Drive-In Theater 1 1 2 Theater 2 4 4 Spectator Stadium Church 2 4 4 1 2 Elementary School 2 2 4 4 High School Boarding ,School 2 4 8 Restaurant 2 4 Has pita 1 3 6 12 29 EXHIBIT NO. 3lcont.) CONNECTION FEE SCHEDULE(continued) A building enclosing more than 10,000 square feet of floor space will be individually assessed. Multi-building complexes with one main tap will be evaluated/ assessed per building. Charges to any user for treat~ent of effluent that exceeds 250 mg/l BOD br 250 mg/l TSS shall be made in accordance with the Authority's Industrial Waste Order. Where the above tables do not cover a request for sewer service, or where the established fees do not adequately compensate the Authority for Treatment capacity taken from the system, a charge shall be established by the Authority consistent with these tables. The connection fee for each residential connection equivalent shall be $550.00. All connection fees shall be collected as, a condition of issuance of a building permit, or prior to connection to the system in the case of an existing building. Wh ere a connection fee must be individually assessed (e.g. a non-residential multi-building complex), such assessment will be made by the Authority prior'to issuance of a building permit, or prior to connection to the system in the case of an existing building. '. 30 EXHIBIT NO.4 WATER RATES ESTABLISHED. A. Rates within the corporate limits of the city. A uniform monthly rate shall be charged to all persons for the use of city water within the corporate 1imits of the city. Such rate is hereby established as follows: Residential and Commercial 5/8" x 3/4" Service . $4.50 minimum monthly bill for 3,000 gallons 0.74 per 1,000 gallons for all additional water 3/4" X 3/4" Service $6.50 minimum monthly bill for 5,000 gallons 0.74 per 1,000 gallons for all additional water 1" X 1" Service $7.50 minimum monthly bill for 7,000 gallons 0.74 per 1,000 gallons for all additional water l~" X l~" Servi ce $13.00 minimum monthly bill for 10,000 gallons 0.74 per 1,000 gallons for all additional water 2" X 2" Servi ce $18.50 minimufulmonthly,bill nor 18,000 gallons 0.74 per 1,000 gallons for all additional water 4" X 4" Service $24.50 minimum monthly bill for 24,000 gallons 0.74 per 1,000 for all additional water 6" X 6" Servi ce $32.50 minimum monthly bill for 32,000 gallons 0.74 per 1,000 gallons for all additional water B. 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 150% of that charged persons living within the corporate limits of the city. C. Water Not to be sold for agrigultural businesses. Water shall only be sold outside of the city limits for residential or other than agricultural businesses. 31 EXHIBIT NO. 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 $3.25 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 consump- tion as corouted for the months of December, January and February. One Do 11 ar and two cents( $1, 02) sha 11 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 that at the former address until the annual re-rating whi ch shall occur in February of each year. In the event that no previ ous rate has been es-tab 1 i shed by the customer, the rate assessed shall be determined by taking the overall average of chargable 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 deter- mined as follows: Customer's previous twelve-month water consumpti on as determined at the annua 1 rerati ng 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). The figure arrived at by the second division shall be the customer's connection equivalent. Each business assessed a base rate of four dollars and twenty fi ve cents ($4.25) per connection equivalent per month. In the event of a new sewer connection or a change in use of the existing connection, the base rate assessed shall be based on the connection equivalent as determined by Cibolo Creek Municipal Authority in calculating sewer connection fees, until such time as the customer has established a six-month average. At such time the base rate shall be based on the six-month average until the annual re-rating which shall occur in each year in the month of February. b. User Charge -- The user charge wil,ll';be: assessed on one hundred percent (100%) of the customer's water consumption, at one dOllar and five cents ($~.08) per one thousand (1,000) gallons. 3. Public Schools: a. Base Rate -- Each public school shall be assessed a base rate of four dollars and twenty five cents ($4.25) 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-month average. At such time, the base rate shall be based on the twelve-month average until the annual re-rating in February. 32 EXHIBIT NO. 5(cont.) b. User Charge -- The user charge, based on one hundred percent (100 %) of all water consumed each month, shall be one dgllar and five cents ($1:'05) per one thousand (1,000) gallons. 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 discharged into the sewerage system of the city. C. If, ahd 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 Di~ector of Public Works based on evidence available to him. His determination shall be final and unappeal- able. D. 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. 33 CITY OF SCHERTZ ORDINANCE No. 87-F-30 AN ORI;II~ BY THE CITY ~IL OF THE CITY OF SCHERTZ, TExAs AMENDING ORDI- NANCE 83-F-7. SECTION XXX SEWER RATES ESTABLISHED. AS SET iutherland OUT IN EXHIBIT 5 AN RE- . PEALING ALL ORDI- NANCES IN CONFLICT, Passed, Approved and Adopted this the 17 day of November, 1987 '" Alice Austin Deputy City Secretary City of Schertz, T exes PUBLISHER'S AFFIDAVIT (COUNTY OF BEXAR) eSTATE OF TEXAS) "~ ' I, Paul Davis, authorized representative of the SUN NEWSPAPERS, do solemnly swear that the notice, a printed copy of which is hereto attached, was published once a week for 1 consecutive weekes) in the HERALD SUN published at Universal City, Bexar County, Texas on the following date(s), to wit: November 26 A.D., 1987. /' IV~ LD SUN NEWSPAPER Subscribed and sworn to before me, this 1987. 2nd day of December R. L. Retzloff Notary Public Printed or Typed Name My commission explres: 9-18-91 7'& ') 122 E. BYRD UNIVERSAL CITY, TX 78148 512-658-7424