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ORD 615 09/23/2003 ORDINANCE NUMBER LQ COMPREHENSIVE WATER ORDINANCE AND DEMAND MANAGEMENT PLAN AN ORDINANCE OF THE CITY COUNCIL OF CIBOLO; REPLACING ORDINANCE NO. 472, AND SUBSEQUENT ORDINANCES THAT CONFLICT WITH THIS ORDINANCE;REPEALING ORDINANCE NUMBER 514 AND ITS AMENDMENTS; SETTING WATER RATES AND REGULATING THE USE OF WATER FOR THE CITY OF CIBOLO, CONNECTION TO THE WATER MAINS AND WATER SYSTEM, AND THE APPOINTMENT OF A MAINTENANCE OFFICER; AND AMENDING, REPEALING AND SUPERSEEDING ALL OTHER CONFLICTING POLICIES AND ORDINANCES. WHEREAS,the City of Cibolo is subject to periods of drought; and WHEREAS,the cost of furnishing water to citizens of the City of Cibolo is subject to fluctuations in demand, availability, and the economy, and WHEREAS the City Council of Cibolo seeks to encourage conservation of finite water resources and to provide financial incentive for the conservation of finite water resources; and WHEREAS,the City of Cibolo must comply with the mandatory use reductions imposed by the Edwards Aquifer Authority; and WHEREAS, many Cibolo residents have suffered confusion between the Demand Management Plan of Cibolo and the Demand Management Plan of the City of San Antonio, and WHEREAS, several initiatives concerning water use and rates have been adopted by the City Council and the City Council of Cibolo seeks to continue to provide leadership on the issue of water conservation, THEN BE IT ORDAINED BY THE CITY COUNCIL OF CIBOLO THAT THE FOLLOWING RATES,RULES, REGULATION,AND PENALTIES SHALL BE IN FORCE EFFECTIVE THE 23TH DAY OF SEPTEMBER,2003 AND THAT THIS ORDINANCE, SHALL BE KNOWN AS THE "COMPREHENSIVE WATER ORDINANCE AND DEMAND MANAGEMENT PLAN". - 1 / I. ,l HON. CHARLES RUPPERT: NNE GRIFFIN, CITY SEC ARY PART ONE: ESTABLISHMENT OF A MAINTENANCE OFFICER AND SETTING OF WATER RATES FOR THE CITY OF CIBOLO SECTION ONE (1): Introduction 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 $1000.00 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. Section 1 Index Section 2 Appointment 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 Water Line Taps Section 10 Violations of ordinance Section 11 Emergency Conditions Section 12 Severability Addendum/Attachment 1 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 be responsible for 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 Administrator and shall proceed to have offenders prosecuted 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 attempt to notify the community of the necessity of any disruption of service when possible and practical. SECTION THREE (3): Unlawful Activities. It shall hereafter be unlawful for any person or persons to do, commit or assist in committing any of the following things or acts in the City of Cibolo, Texas: (a) To resort to any fraudulent device or arrangement for the purpose of procuring water from private connections on premises contrary to the City regulations or ordinances. (b) To make or permit to another make any connection with the main or service pipes of the utility system or use water of said system without authorization and payment of fees. (c) To remove any water meter or device that has been placed by the City, or to in any manner change, interfere with or tamper with any water meter or device ; 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. 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 FOUR(4): Metering Requirements. All water distributed to individual customers will be metered. Normally, not more than one household 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 manufactured house is not accessible to a city water main, arrangements may be made, 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 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 in good repair without any expense to the consumer except as provided herein. SECTION FIVE (5)Meter Connection charges, Installation and repair: (a) Whenever a prospective user of water from the City of Cibolo wishes to connect to the city water system such user of water shall pay a connection charge set by the City in the amount of cost plus 10 percent and other fees as specified in Addendum/Attachment 1 of this ordinance. (b) The City of Cibolo shall keep all meters in good free of charge, except that property owners will be charged for meters, boxes, materials damaged or destroyed through negligence or abuse and for all labor costs incurred in re-establishing service. SECTION SIX(6): Fees, Rates, and Billing Procedures: (a) Each water customer upon making application shall pay a non-refundable water meter connect fee, as indicated in Attachment 1 and shall provide a refundable deposit as specified in Attachment 1 of this ordinance. If a prospective customer is indebted to the City for water, sewer, or garbage service, service at the new residence or place of business will not be provided until the outstanding indebtedness is satisfied. Residential and commercial water bills will be forwarded no later than the first workday of each month. Bills will consist of a minimum charge for 1,200 gallons and a per thousand gallon charge for usage above the minimum charge for residential customers; and will consist of a minimum charge for 3,000 gallons and a per thousand gallon charge for usage above the minimum charge for commercial customers. Specific Fees may be found on Attachment 1. (b) Temporary water service is not allowed. (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 for utility services furnished or rendered by the City of Cibolo and/or 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 $25.00 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 this ordinance as provided in Attachment/Addendum 1. Services will not be resumed until the total amount due the City and the reconnect fee for the service discontinued has been paid in full. Circumstances that result in an unfair penalty charge will be evaluated by the City Administrator. (f) 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. (g). No free utility service shall be permitted and the City or any of its agencies or instrumentalities which avail themselves of the services provided by the utility shall pay the same rates and charges herein prescribed except for the Cibolo Volunteer Fire Department. SECTION SEVEN(7): Conditions of Service. (a) No water other than water furnished by the City or its agencies shall be used in any line to which water is delivered by the City water system. (b) The City of Cibolo does 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 without the written permission of the City of Cibolo. (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 (i.e., chloroform test), that all plumbing, including fixtures and appliances, through which City water is to pass, have been approved and accepted by the City Maintenance Officer. (e) In the event additional plumbing is to be installed on such premises inside or outside the corporate limits of 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. (i) The right is reserved by the City of Cibolo to temporarily discontinue and reconnect without notice water supply to all consumers for the purpose of making repairs, connections, extensions and the cleaning of mains, machinery, reservoir or any part of the Cibolo water system. (j) All of the provisions of this ordinance shall be deemed to be incorporated in every contract between City Utility Department and its consumer, and each consumer shall be charged with knowledge of the provisions of this ordinance and by applying and accepting water from the City Utility Department to have acceded to 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 are 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 sufficient 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 shut 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(81_ 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 release form or contract with the City and make a cash deposit. The entire cost of the main extension will be estimated by the City Engineer and the cost borne by the applicant. Each size or diameter of pipe will be described in the contract SECTION NINE (9): Water Line Taps. It shall be unlawful for any plumber, contractor or person other than the employee of the City Utility Department or an agent, to tap any main, make connections to mains or extend service lines from a main. 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 offenses 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 Municipal Court, be fined not less than $25 (twenty five dollars) nor more than $1,000.00 (five hundred dollars) for each violation and each day of failure to comply with the terms of this ordinance and shall constitute a separate offense. SECTION ELEVEN(11): Emergency Conditions. The City Utility Department has the right to control water use in case of emergency. SECTION TWELVE (12): Severability. This ordinance is cumulative of any other ordinance on the subject and does not repeal any present ordinances except as specified herein 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 invalid, it 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. WATER USE REDUCTION STAGES OF THE DEMAND MANAGEMENT PLAN The Demand Management Plan applies to all areas of Cibolo supplied by Edwards Underground Water. TABLE 1 Trigger Condition (J-17 Well Level) I - Aquifer Awareness 650 ft. II -Aquifer Watch 640 ft. III -Aquifer Alert 630 ft. Trigger conditions consist of aquifer water levels as measured in Well AY-68-37- 203 (J-17)in San Antonio. Enforcement of this plan is dependent on cooperation of the Cibolo water customers. Violators of this ordinance will be subject to fines as adopted by Ordinance the City Council of Cibolo. The schedule of fines is found in Table 3 of this ordinance. Stage I Declaration- Other Provisions Designated Watering Days Stage I of the DMP allows citizens to water their landscapes with sprinklers on designated days. A person's designated day is determined by the LAST NUMBER of the property address. Residential landscape watering will be allocated by odd vs. even numbers. Watering is allowed any day of the week with hand held hose or soaker hoses (and drip irrigation) during the "Designated Watering Times." Landscape watering from a Cibolo water connection is prohibited at all other times(NOTE: During Stage II and Stage III, even hand held hoses may not be used outside of"Designated Watering Times") Landscape Watering for Residential Customers House number ending in 0 or 1 Monday House number ending in 2 or 3 Tuesday House number ending in 4 or 5 Wednesday House number ending in 6 or 7 Thursday House number ending in 8 or 9 Friday Landscape Watering for Non-Residential Categories All addresses-WEDNESDAYS ONLY Designated Watering Times Stage I watering with sprinklers and irrigation systems is'prohibited from 10:00 a.m. until 8:00 p.m. Watering is allowed from midnight to 10:00 a.m. and from 8 p.m. to midnight on designated days. EXCEPTIONS TO RESTRICTIONS Landscape watering for new landscapes is permitted until plants are established or for 14 days after initial planting which ever occurs first. Stage II and III Declaration - Other Provisions Designated Watering Days Stage II of the DMP prohibits citizens from watering their landscapes with sprinklers. A person's designated day for hand-held, soaker hose and drip irrigation is determined by the LAST NUMBER of the property address. During Stage II, watering is allowed any day of the week with hand held hose or soaker hoses(and drip irrigation) during the "Designated Watering Times." Landscape watering from a Cibolo water connection is prohibited at all other times(NOTE: During Stage II and Stage III, even hand held hoses may not be used outside of"Designated Watering Times")During Stage III, hand-held,. drip irrigation and soaker hose use is limited to the designated times on the one designated day each week. Stages II and III of the DMP do not allow citizens to water their landscapes with sprinklers or irrigation systems. Watering with hand-held, soaker hose, bucket, or drip irrigation is permitted during designated watering times. A person's designated day is determined by the LAST NUMBER of the property address. (NOTE: During Stage II and Stage III, even hand held hoses may not be used outside of"Designated Watering Times") Landscape Watering for Residential Customers House number ending in 0 or 1 Monday House number ending in 2 or 3 Tuesday House number ending in 4 or 5 Wednesday House number ending in 6 or 7 Thursday House number ending in 8 or 9 Friday Landscape Watering for Non-Residential Categories All addresses-WEDNESDAYS ONLY S Stage III watering with sprinklers is prohibited. Watering is allowed from 5:00 a.m. until 10:00 a.m. and 8:00 p.m. until midnight on designated watering days using the methods allowed in Stage II. EXCEPTIONS TO RESTRICTIONS No installation of new landscape is permitted. PENALTIES FOR VIOLATION OF THE DEMAND MANAGEMENT PLAN (DMP) TABLE 3 DEMAND MANAGEMENT PLAN FINE SCHEDULE STAGE I and STAGE H Residential Customers of the City of Cibolo Water System First violation at an address in a 12 month period Written warning Second violation at an address in a 12 month period $ 25-$ 50 Third violation at an address in a 12 month period $ 50-$100 Fourth violation at an address in a 12 month period $100-$200 All subsequent citations $200-500 Commercial/Industrial Customers of the City of Cibolo Water System First violation at an address in a 12 month period Written warning Second violation at an address in a 12 month period $ 50-100 Third violation at an address in a 12 month period $100-200 Fourth violation at an address in a 12 month period $200-500 All subsequent citations $400-500 STAGE IH and STAGE IV Residential Customers of the City of Cibolo Water System First violation at an address in a 12 month period Written warning Second violation at an address in a 12 month period $50-100 Third violation at an address in a 12 month period $100-200 All subsequent citations $200-500 Commercial/Industrial Customers of the City of Cibolo Water System First violation at an address in a 12 month period Written warning Second violation at an address in a 12 month period $100-200 Third violation at an address in a 12 month period $200-500 All subsequent citations $400-500 All 12-month periods begin at 12:01 a.m. January 1st and end at midnight December 31 of that year. All citations are per physical street address. The Citation will be issued to the individual in proximate care of the residence where the offense occurs at the time of the incident. All violations are cumulative with no deference to which Stage I under which the initial or subsequent violations occurred. The City of Cibolo reserves the right to permanently remove water meters for repeated violations of the DMP. ADDENDUM/ATTACHMENT 1: RATES AND CHARGES: RESIDENTIAL WATER RATES MONTHLY BILLING First 1,200 gallons $ 9.00 Base Rate Between 1,200 and 3,000 gallons $16.50 Base Rate 3,001 to 12,000 additional $2.75 per 1,000 gal 12,001 to 20,000 additional $4.00 per 1,000 gal 20,001 to 30,000 additional $ 6.00 per 1,000 gal 30,001 to 50,000 additional $10.00 per 1,000 gal 50,001 + additional $15.00 per 1,000 gal Water Acquisition Fee $ 4.00 per month COMMERCIAL WATER RATES First 3,000 gallons $24.00 3,001 to 15,000 additional $2.75 per 1,000 gal 15,001 and up additional $ 3.70 per 1,000 gal Water Acquisition Fee $ 4.00 per month METER CONNECT FEES Address where service already in existence $30.00 Residential where no service existed $60.00 (Line Tap) Commercial where no service existed $75.00 Industrial where no service existed $120.00 (Line Tap) Commercial where service existed $30.00 Industrial where service existed $30.00 HYDRANT METER FEES Meter Connect $ 50.00 Daily Rental $ 5.00 First 3,000.gallons $ 24.00 Water Rate $4.00 per 1,000 gal TRANSFER FEES Move within City $30.00 DEPOSITS Hydrant Meter $400.00 Residential Service $40.00 Commercial Service Two months estimated use Industrial Service Two months estimated use Garbage Only Pre-pay one month DEPOSIT REFUNDS Deposits will be refunded after two years service with no disconnects, no returned checks and not more than two (2)late fees charged. If there is a disconnect, returned check or more than two late fees during that time, the two-year period will begin again from that date. All of these fees and charges are in addition to impact fees charged for new service and platting in the City of Cibolo. BAD CHECK POLICY The City of Cibolo shall collect a twenty-five dollar($25.00) administrative charge for each time a check issued to the City of Cibolo is returned for non-payment by the bank. Any person, account, or household that has had two checks returned to the City of Cibolo for non-payment shall lose the privilege of paying debts to the City of Cibolo with a check and shall be "Cash Only". For purposes of this ordinance, "Cash Only" shall mean payment by currency, CASHIER'S CHECK, money order or bank certified check.