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ORD 410 5/3/1988R D I N A N C E N O. 4 1 0 An ordinance by the City Council of the City of Cibolo, Texas; providing for the appointment of a maintenance officer; providing for connection to water mains; regulating the use of water from the, city water system; providing for service through meters; providing for revised rates for services furnished by the city's water works system; enacting provisions, incidents and related to billing and collection of water and sewer charges; and imposing a penalty of a fine of not less than $25.00 not to exceed $500.00 and making each day a separate offense for violation of ordinance; repealing all ordinances, orders and resolutions in conflict, prescribing a date when such rates and charges shall become effective and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: Section 1 Index Section 2 Appointment Duties of Maint. Officer Section 3 Unlawful Activities Section 4 Metering Requirements Section 5 Meter Connection -Charges, Installation & Repair. Section 6 Fees, Rates & Billing Procedures Section 7 Conditions of Service Section 8 Service Requests - Outside Existing Service Area Section 9 Wates Line Taps Section 10 Violations of Ordinance Section 11 Emergency Conditions Section 12 Severability Addendum SECTION TWO (2): Appointment/Duties of Maintenance Officer. There shall be appointed by the City Council of Cibolo, Texas, a Maintenance Officer who shall be in charge of all property and machinery used in or connected with the Utility Department. He shall make frequent trips in inspection of all pipe lines and all other property used in or connected with the Utility Department, and shall make all repairs deemed necessary and consistent with his duties. He shall also report all violations of this ordinance to the City Council and shall forthwith proceed to have prosecuted offenders as set forth in this ordinance or any amendment thereof. He shall also attend to and control the water supply and at all times oversee the sufficiency thereof to the greatest extent possible. He shall notify the community of the necessity of shutting off any pipeline for the purposes of making repairs, extensions, connections, etc., should he know beforehand the necessity to so shut off the water from any line or lines of the system. SECTION THREE (3): Unlawful Activities. It shall hereafter be unlawful for any person or persons to do, commit or assist in commiting any of the following things or acts in the City of Cibolo, Texas: (a) To resort to any fraudulent 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. (c) To remove any water meter that has been placed by the City, or to in any manner change, interfere with or tamper with any water meter; providing that the provisions of this section shall not apply to the employees of the City when acting in their official capacity. (d) To turn on the water supply to any building or to any supply pipe when the supply has been turned off for the nonpayment of the monthly water charge or for the violation of any rule or ordinance governing the water system. (e) To open or close any fire hydrant or stopcock connected with the utilities system of the City of Cibolo, or to lift or remove the covers of any gate valves or shut off thereof, without the permission of the Maintenance Officer, except in case of fire, and then under the direction of officers of the Fire Department. (f) It shall be unlawful for any person, firm or corporation to make any connection to the mains of the utilities system of the City of Cibolo, Texas, without first making application to the City, stating fully the use for which water is wanted, giving the name of the owner of the property, the number of the lot and block, name of the street and house number. Upon the payment of the meter connection fee, the Maintenance Officer, shall make, or have made, the necessary connections. The cost of which is included in the meter connection fee. Every premise connected with any water main, or being supplied with any water from the city's utilities, shall have a separate service connection and locking angle stop. SECTION FO R(4): Metering Requirements. All water distributed to individual customers will be metered. Normally, not more than one consumer shall purchase water through any single meter without the consent of the City Council of the City of Cibolo, Texas. Single metering is authorized for more than one unit of occupancy providing 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 single family residence, a meter sufficient in size to meet total requirements will be required. Size of meter will be determined by the Maintenance Officer at time of request and deposit required will be based on meter size. Provided where a residence, business establishment, complete apartment, or trailer house is not in reach of a city water main, arrangements may be made, only with the consent and 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 residence taking water through such meter. Each "minimum" will entitle user to 3,000 gallons per month. The minimum charge plus any additional minimum charge and all water used over the minimums by such consumer, shall be charged to the customer having the meter. The City of Cibolo shall keep all meters self owned in good repair without expense to the consumer except as provided herein. Should any meter fail to register correctly, the amount of water used by the consumer since the previous reading, the consumer shall be billed the minimum charge fnr that mnnth (b) The City of Cibolo will keep in repair, free of cost, all meters that fail to operate properly as a result of normal wear. Current property owners will be charged for meters, boxes, materials damaged or destroyed through negligence and for labor costs incurred in reestablishing service. SECTION SIX (6): Fees, Rates & Billing Procedures: (aT Each water consumer upon making application for service shall pay a non-refundable water meter connnection fee, as indicated in attachment 1 of this ordinance. If a prospective consumer is indebted to the city for water, sewer or garbage service at his previous place of residence, services will not be provided at the new place of residence until the indebtness is satisfied. Residential and commercial water useage bills will be forwarded no later than the first workday of each month. Bills will consist of a minimum charge for 3,000 gallons and a per thousand charge for useage above the minimum charge. Specific fees may be found in attachment 1. (b). Temporary water service (seven days or less) may be provided to accommodate real estate agencies and for inspection purposes. A temporary water turn on fee will be assessed and water useage billed at the current price per 1,000 gallons. Rates are reflected in Attachment 1. (c) Bulk water may be purchased by any consumer other than through a residential service connection through the mains of the City of Cibolo provided that such water is purchased from a tap(s) belonging to the City of Cibolo. All bulk water must be purchased by means of hydrant metering. Deposit, rental and the water rates from these service are found at Attachment 1. (d) All charges from utility services furnished or rendered by the City of Cibolo /contractors franchised by such city for which the City of Cibolo is the billing agent shall be due and payable on the fifteenth (15th) day of each month at the municipal offices of the City of Cibolo. Bills not paid by the close of business of the fifteenth (15th) day of each month will incur a ten (10) percent penalty for late payment on the total amount of the bill. Checks issued in payment of utility services that are returned by banking institutions for reasons of insufficient funds will incur a $15.00 charge in addition to the bill. Any repetition of insufficient fund checks being issued for payment of utility bills will result in a requirement for cash payment of utility bills issued by the City of Cibolo. Any deviation from this policy will be at the discretion of the City Administrator. (e). Any person who has not paid his/her account by the twenty fifth (25')day of the month in which billed, shall have his/her water service disconnected. It is further provided that all delinquent accounts shall be notified by letter at least five (5) days in advance of service being discontinued. In the event service is discontinued, a reconnect fee will be charged as provided for in Attachment 1. Services will not be resumed until the total amount due the City and the reconnect fee for the service disconnected has been paid in full. Circumstances (g) No free service shall be permitted and to the extent the City or any of its agencies or instrumentalities avail themselves of the services provided by the waterworks and sanitary systems, they shall pay the same rates and charges herein prescribed. (h) A consumer of water from the City of Cibolo who changes residence within the area serviced by the Cibolo Water Department will not be required to pay a connect fee at the new residence; however, a transfer fee is reflected in Attachment 1 is required. SECTION SEVEN (7): Conditions of Service. (a) No water other than water furnished by the City shall be used in any line to which water is delivered. No unknown water shall be permitted in such line or lines. (b) The City of Cibolo will not guarantee pressure or volume of water in any line except City of Cibolo owned lines. (c) Water supplied by the City of Cibolo will not be used for irrigation purposes. (d) No water shall be furnished consumers in or beyond the corporate limits of the City unless and until such consumer desiring City water furnishes the City Utility Department satisfactory evidence (ie, choliform test), that all plumbing, including fixtures and appliances, through which City water is to pass, has been approved and accepted by the City Utility Department representative. (e) In the event additional plumbing is to be installed on such premises inside or outside the corporate limits of the the City of Cibolo,' Texas, water service shall be discontinued to such consumers unless such additional plumbing installation have been approved by an authorized representative of the City Utility Department. (f) No person, except authorized employees of the City Utility Department, shall turn on or off at any city valve without a written permission first being obtained from the City Utilities Department. (g) Every person having access to water from the City Utility Department shall, at any reasonable time, permit the Maintenance Officer or his agents to enter the premises and building for examination of plumbing to include the meter and fixtures and the manner in which the water is used. Refusal by any consumer shall result in disconnection of water supply by the City Utility Department until such permission is granted. (h) The City Utility Department or agents thereof will make all repairs and renewals of service lines from the main up to and including the meter, and it shall be unlawful for any other person or persons to repair or tamper with the service line from the main to and including the meter. and valve. (j) All of the provisions of this ordinance shall be deemed to be incorporated in every contact between City Utility Department and its consumer, and each consumer shall be charge with knowledge of the provisions of this ordinance and by applying and accepting water from the City Utility Department to have acceded to the provisions hereof. (k) It shall be unlawful for any person, firm or corporation to take or use water from the system of the City of Cibolo except under the terms and conditions specified and stipulated in this ordinance. All owners and occupants of property as and shall be prohibited from furnishing water supply to others for any purpose other than specified herein. It shall be unlawful for any person, firm or corporation, to willfully and/or negligently waste water in any manner whatsoever, and any person having knowledge of any condition whereby water is being wasted shall at once notify the City. (1) 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 suffiecient ground for the refusal of the City of connect the premises with the City Utility Department service or to continue such service after having given notice of intention to shut off the water, pending the necessary correction. (m) It is and. shall be unlawful for any person, firm, or corporation to draw water from any city supply pipes directly into any steam boiler which is equipped for, or arranged for more than fifteen pounds (15) pressure per square inch. All persons, firms or corporations having boilers or closed water heaters supplied with city water are cautioned against the danger of explosion or collapse. The City of Cibolo will not be liable for any damages that may occur on account of the water being .skiLit off for any reason or on account of the breaking of any pipe or fixture by pressure of the water from the city mains. Where City water is used to supply a steam boiler (of over fifteen pounds pressure), the owner shall provide a tank of sufficient capacity to afford a supply of at least four hours into which the service pipe must be discharged over the top of the tank, and never into the bottom or side. SECTION EIGHT (8): Service Requests -Outside Existing Service Area. When water service is desired within the City's Water District and no mains exist in the vicinity of the desired connection, it will be necessary for the applicant to sign a special form of contract with the City and make a cash deposit as follows. The contract forms will be supplied by the City of Cibolo and will carry at least the following conditions and terms: the size, composition, diameter and length of pipe will be prescribed by the City and must conform to the specifications established by the City. The entire cost of the main extension will be estimated by the City and borne by the applicant. This ••� l be deposited with the Citv of Cibolo at the time of SECTION NINE (9): Water Line Taps. It shall be unlawful for any plumber, contractor or person other than the tapper employed by the City Utility Department or an agent, to tap any main, make connections to mains or extend service lines from main to meter or to place a stop cock and stop box at that point. All of this equipment shall be under the exclusive control of the City Utility Department, and said tap and service shall be paid for by the plumber, contractor or owner ordering the work done before the work is commenced. SECTION TEN (10): Violations of Ordinance. A violation of any of the rules contained in this ordinance or a doing or causing to be done by any person, persons, firm or association, of any of the things or acts forbidden or made unlawful in any of the sections of this ordinance is an offense, such offences shall be punishable under each and every violation of the terms of this ordinance. The person, firm, association or corporation shall, upon conviction thereof in the Corporation Court, be fined not less than $25 nor more than $500.00 and each violation and each day thereof is a failure to comply with the terms of this ordinace and shall constitute a separate offense. SECTION ELEVEN (11): Emergency Conditions. The City Utility Department has the right to control water use incase of emergency. SECTION TWELVE (12): Severability. This ordinance is cumulative of any other ordinance on the subject and does not repeal any present ordinances unless this ordinance is in direct conflict therewith, in which case this ordinance will govern. If any, section, subsection, paragraph, sentence, phrase or word in this article, or application thereof, to any person or circumstance is held invalide, shall not affect the validity of the remaining portions of the same and the City Council hereby declares it would have passed such remaining portions despite such invalidity. PASSED & APPROVED THIS THE 3rd DAY OF MAY , Mayor Sam Bauder ATTEST: Ann Smith,City Seccetary ADDENDUM/ RATES AND Following are rates and charges for services furnished by the City o:f Cibolo's Water Department: WATER RATE(s): First 3,000 Gallons 3,001 + Gallons I I COMMERCIAL WATER RATES: First 3,000 gallons i 3,001 + Gallons i i METER CONNECT FEE: I I Monthly Billing $ 9.80 $1.60 per 1,000 Gallons Monthly Billing $ 12.93 $1.60 per 1000 gallons Residential $50.00 Commercial $100. Temporary $15.00 ( 7 days or less) I METER RECONNECT FEE: Standard $25.00 HYDRANT METER FEES: Deposit $300.00 Meter Connect $ 25.00 Daily Rental $ 3.00 Water Rate $ 1.60 per 1000 gallons TRANSFERIFEE: Move within City$ 15.00 ADDENDUM/ATTACHMENT: RATES AND CHARGES - Following are rates and charges for services furnished by the City of Cibolo's Water Department: RESIDENTIAL WATER RATE(s): Monthly Billing First,3,000 Gallons $ 9.98 3,001 + Gallons $1.66 per 1,000 Gallons COMMERCIAL WATER RATE(s): Monthly Billing First 3,000 Gallons $ 13.11 3,001 + Gallons $1.66 per 1,000 Gallons METER CONNECT FEE: Residential $ 50.00 Commercial 100.00 Temporary 15.00 (7 days or less) METER RECONNECT FEE: Standard $ 25.00 HYDRANT METER FEES: Deposit $300.00 Meter Connect 25.00 Daily Rental 3.00 Water Rate 1.66 per 1,000 Gallons TRANSFER FEE: Move within City $ 15.00 THIS ADDENDUM/ATTACHMENT TO ORDINANCE $410 WAS AMENDED BY CIBOLO • 11 ✓..IFI' � ` :IY 1'v RATES AND CHARGES Following are rates and charges for services furnished by the City of Cibolo's Water Department. (amended May 28, 1991 - Effective for August 1, 1991 billing) RESIDENTAIL WATER RATES" - MONTHLY BILLING First 3,000 gallons 3,001 + gallons COMMERCIAL WATER RATES First 3,000 gallons 3,001 + Gallons METER CONNECT FEES Residential Commercial Temporary (7 Days or less) METER RECONNECT FEE HYDRANT METER FEES: Deposit Meter Connect Daily Rental Water Rate TRANSFER FEE Move within City $12.00 $1. 76 Per 1000 Gal $13.11 $1.76 Per 1000 Gal $50.00 $100.00 $15.00 + water useage $25.00 $300.00 $25.00 $3.00 Same as Commercial Rate $15.00