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74-F-41 . '. '. . . \., THE STATE OF TEXAS l COUNTY OF GUADALUPE l CITY OF SCHERTZ l On this, the 1st day of October, 1974, at 7:00 o'clock P.M., the City Council of the City of Schertz, Texas, convened at a regular meeting at the regular meeting place in the Muni- cipal Building in the City of Schertz, Texas, pursuant to due call and notice to all of the members of said City Council, which meeting was at all times open to the public, and at which meeting the following members were present, to-wit: ROBERT C. BUEKER HAYOR MRS. NELL G. FUNK ALDERWOMAN DONALD J. SEEBA ALDERMAN ROBERT E. SCHWARTZ ALDERMAN MRS. BOBBIE L. KOCH ALDERWOMAN TOM KOOLE ALDERMAN and MRS. JUNE G. KRAUSE CITY SECRETARY DENNY L. ARNOLD CITY MANAGER There being a quorum present, the meeting was called to order by the Mayor, and, among other proceedings had were the following: The Mayor introduced the following captioned ordinance which was read in full by the Mayor. Councilmember k ~ / moved that the said ordinance be considered by the Council as an emergency measure. Said motion was seconded by Councilmember ~~~ . Whereupon said motion was fully discussed and considered. The Mayor put the motion to consider said ordin- ance as am emergency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz, and Mrs. Koch. NAYS: None. ORDINANCE NO. 7Jf -F-qj AN ORDINANCE GOVERNING CONNECTIONS TO THE SEWER SYSTEM OF THE CITY AND REGULATING THE SAME; ESTABLISHING FEES FOR CONNECTIONS TO THE CITY'S SEWERS; PRE- SCRIBING FEES TO BE PAID TO THE CITY FOR SEWER SERVICES; ALLOWING FOR INSPECTIONS BY THE CITY; PROVIDING FOR THE PAYMENT TO THE CITY WITHIN A CERTAIN TIME LIMIT AND PENALTIES THEREAFTER; REPEALING FIVE (5) PRIOR ORDINANCES OF THE CITY, NUMBERED 80,80B, 95, 159, 74-F-8, AND ALL OTHER CONFLICTING ORDINANCES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; CONTAINING A SAV- INGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I. a. That all owners or occupants of build- ings 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 the property line of the land on which any such building is situated approaches 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 unlawful for any person to build or use any privy vault above or below the ground in the City of Schertz, Texas, on any lot or parcel of land, the property line of which, at any point, extends to within a distance of 300 feet of a City sanitary sewer. All persons now having such privies in such localities are hereby required to abate the same within thirty (30) days after notices by the Superintendent of Utilities to do so, and to construct and to put in water closets and connect the same with the City sewer as required by this ordinance. b. It shall be unlawful for the owner or occupant of any building or structure situated on a lot, extending within 300 feet of any sewer of the City, any portion of which said building or structure is used for any purpose, during any por- tion of the day, to fail to have at least one water closet suitably arranged for the use as urinal, unless a separate urinal is provided. c. 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, 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 disposed with. d. 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, or in any hole or vault in or under the surface of the ground, on any lot reaching within 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 purposes, any human or animal wastes, or any other liquid or solid wastes. . . "~" e. 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. SECTION II. For any connection made by any user of the City's sanitary sewer system, the following connection fees shall be paid: Persons holding valid paid plumbing permits dated before February 19, 1974: $ 75.00 Single family residences or single businesses coming into the City sewer with permits dated after February 19, 1974: $250.00 Multiple family residences or multiple business buildings with permits dated after February 19, 1974: $250.00 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, dup- lexes, or any buildings designed for use by several families or businesses. Multiple units shall be charged $250.00 per family unit or per business unit on the basis that each unit is one individual connnection. The cost of each such connection shall be borne by such customer and no such connection shall be made without the inspec- tion and approval of a designated 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 ordinances 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. For each and every connection made to the City's sanitary sewer system, the following charges and rates are hereby fixed and established: a. Residential Connections within the. City: Minimum sewer charge: $4.00 for the first 3,000 gallons of water used, then $0.45 per 1,000 gallons for the next 12,000 gallons, making a maximum charge for residential usage of $9.40. b. Commercial Connections within the City: $5.00 for the first 3,000 gallons of water used, then $0.60 per 1,000 gal- lons for the remainder. c. Multiple family dwelling units: $4.00 for each single family unit for minimum 3,000 gallons each, plus $0.45 per 1,000 gallons up to 12,000 gallons more for each unit. d. Residential or Commercial outside the City: 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 con- nection is to be determined by such negotiations. '. . , , " '. :;. ,. ,- 00 Where industrial wastes are discharged into the sewers, if such waste contains amounts of suspended solids and/or bio- chemical oxygen demand in excess of normal domestic waste, the service charge for such connection shall be subject to negotia- tion 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. Whenever a customer of the City Water Service and/or the City Sewer Service terminates such services 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. This charge is for the services required in disconnecting and reconnecting such customer. 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. SECTION V. In the event any user of such sanitary sewer system does not pay matured rates and charges as hereinafter spe- cified, it is hereby made the duty of the City Secretary to dis- connect 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 reconnection of such sewer service. SECTION VI. Any customer or user who has not paid his account by the 10th day of the month next following the month in which billed shall have his sanitary sewer service discon- tinued. 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 City Secretary 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. An 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 deliquent 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 sani- tary sewer system of Schertz, Texas, shall discontinue water ser- vice 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 intro- duced 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 corporation can be required to install approved and properly constructed san and/or grease traps in connection therewith. ... " . ,.6 ',. , " , .", ; : .', ..'. 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 Sanitary Sewer System, they shall pay therefor the same rates charged other consumers. SECTION Xl. Any person, firm, partnership, associa- tion of persons, or corporations, or any agent or employee there- o~,.who shall violate any of the rules; regulations, or pro- VlSlons of this ordinance, or any p~rt of it or any portion thereof, by any act either of omission or commission, or cause the same to be done, shall be deemed quilty 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 per- mitted tocontinue, shall be a separate offense and shall be punishable accordingly. SECTION XII. Ordinance 80, passed and approved by this City Council on February 7, 1963, regulating the use of sewers and providing rates, among others; Ordinance 80B, a= mending Ordinance 80, passed and approved on the 13th day of i; December, 1965; Ordinance 95, requiring cOlli,ections to be made to the City sewers and providing a penalty passed and approved on the 5th day of March, 1964; Ordinance 159, amending Ordinances 80 and 80A, passed and approved on the 2nd day of March, 1967; and Ordinance No. 75-F-8, amending and ratifying Ordinance No. 80, passed and approved on the 19th day of February, 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 ordin- ance shall prevail. SECTION XIII. If any section, part of a section, phrase or provision 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 XIV. The public importance of this measure consittutes 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, ADOPTED AND APPROVED on this, the 1st day of October, 1974. ATTEST: /ff2;t-{? ~ Mayor, City of Schertz, Texas Schertz .d . . , ...':, .. . } '. ", 1 .. ,-~ . . '. The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Councilperson k~ . , ,JQ J-R and seconded by Council- that said ordinance be finally person passed and adopted. The Mayor put the motion to the members of the City Council for vote and the ordinance was finally adopted by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz, and Mrs. Koch. NAYS: None PUBLISHER'S AFFIDAVIT The State of Texas } County of Guadalupe Before me, the undersigned authority, on this day personally appeared.................... .................Qth.?...?.r.J.\l.hgrrL................................................., who being duly sworn says that he [she! is the ...............?.1,I.~.;I;fo.~.J:\~r.................................. of ...~~::..::'.<::~~.:X...~::~.~__..........., a weekly newspaper published at ........................~.~fi~.~.::........................................, in said county and state and that ..................................~~~.~.~::............__....................__....................., a copy of which is hereto attached, was published in said newspaper on ............................ 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County, Texas AN ORDINANCE NO. 74.F-11 Governing Connections to the sewer system of the City and t regulating the same; establishing fees for con. nections to the City's sewers; I prescribing fees to be paid to the City for sewer servjces; allowing for inspections by the City; providing for the payment to the City within a certain time limit and penalties thereafter; repealing five (5) prior or- dinances of the City, numbered 80, 8OB, 95, 159, 74-F -a, and all other conflicting ordinances; providing a penalty for violation of this ordinance; containing a savings clause; and providing an effective date. PASSED, ADOPTED AND APPROVED on this, the 1st day of October, 1974. Robert C. Bueker, Mayor City of Schertz AlTEST: JW1e G. Krause . City Secretary (l-c I f)-." ~~ - .",. e t