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ORD 211 10/17/1974 i Illk • • _ ORDINANCE NO. 211 AN ORDINANCE GOVERNING THE CITY UTILITIES SYSTEM OF CIBOLO, TEXAS; PROVIDING FOR THE APPOINTMENT OF A MAINTENANCE OFFICER; PROVIDING FOR CONNECTIONS TO WATER MAINS; REGULATING THE USE OF WATER FROM THE CITY UTILITIES DEPARTMENT; PROVIDING FOR SERVICE THROUGH METERS; 1NEhSCRIBING RATES, PENALTIES AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION ONE (1 ) : 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 of inspection over 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. SECTION TNO (2) : 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. SECTION THREE (3): He shall also attend to and control the water supply and at all times see the sufficiency thereof, he shall notify the compunity, unless emergency requires otherwise, 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 FOUR (4) : 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 for himself or others from privateeconnections on premises contrary to the City regulations or ordinances. (b) To make or permit to be made any connection with the main or service pipes of the Utility System or to turn on or use the water of said systesystem without first obtaining a permit therefore. (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. • 1111 (d) To turn on the water supply to any building or to any supply pipe where 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. SECTION FIVE (5) : It shall be unlawful for any person, firm or corporation to make any connection to the mains of pipes of the utilities system of the City of Cibolo, Texas, without first making application to the City, 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, 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 and furnish a cast iron locking stop box and curb cock, the cost of which is included in the meter connection fee, and wvery premise connected with any water main, or being supplied with any water from the city's utilities, shall have a separate service connection, locking curb stop box and curb cock. If the application is approved, a permit shall be issued. All fees, and charges shall be paid for at amounts and rates fixed by this ordinance or resolution of the governing body. SECTION SIX (6) : All water distributed to individual customers will be metered. 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 as indicated in resolution attached hereto . 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 chich 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 regular minimum, the additional minimum, and all water used over the minimums by such consumer, shall be charged to the customer having the meter. SECTION SEVEN (7) : Each water consumer upon making application for service shall place a minimum twenty dollar ($20.00) water deposit as indicated in •- • • 41111 Attachment 1 of this ordinance with the City of Cibolo, Texas, which may be applied to payment of any unpaid or past due bills for water service and, when so used, such consumer shall restore the deposit to its original amount. Any unused portion of such deposit shall be refunded to such consumer upon discontinuance of such customer service. SECTION EIGHT (8) : A uniform monthly rate shall be charged to all persons, firms, or corporations for the use of city water within the corporate limits of the City of Cibolo, Texas as indicated in Attachment 2 attached hereto . SECTION NINE (9) : Charge for tank purchases: Whenever water is purchased by any consumer other than through a service connection through the mains of the City of Cibolo, Texas, and such water is purchased from taps belonging to the City of Cibolo, Texas, such consumer shall pay fifty cents ($.50) for each 1 ,000 gallons or faction thereof of water purchased. SECTION TEN (10) : Not more than one consumer as hereinabove defined in Section Seven (7) shall purchase water through any single meter without the consent of the City Council of the City of Cibolo, Texas. SECTION ELEVEN (11) : All charges to a consumer for water, future sewer, or future garbage services or other utility services that may be acquired by the City of Cibolo at a future date shall be billed to the customer on one bill. The penalty for failure to pay any portion therof shall be the same as herein provided for nonpayment of bills for water consumed. SECTION TWELVE (12): Meter connection charges and meter 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 the City of Cibolo, Texas, a connection charge, which shall consist of the cost of all materials and labor used in connection with such connection and placing the water meter box plus 10%. This charge shall apply to all meter connection irrespective of the size of the meter. The water meters installed shall be as prescribed by city specifications. (b) The City of Cibolo, Texas, 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. ,11,„ • • SECTION THIRTEEN (13) : 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. SECTION FOURTEEN (114 : Failure to comply with any of the provisions of this Ordinance shall constitute grounds for discontinuance of service by the City of Cibolo. SECTION FIFTEEN (15) : The City of Cibolo will not guarantee pressure of volume or water in any line except City of Cibolo owned lines. SECTION SIXTEEN (16) : All charges forbutility services furnished or rendered by the City of Cibolo or contractors franchised by such city for which the City of Cibolo is the billing agent shall be due and payable on the first day of each month at the office of the Utility Department of the City of Cibolo, Texas, and if not paid by the 10th day of the following month in which billed, 10% of the total amount of such bill shall be added to same as a penalty for nonpayment. Checks issued in payment of utility services that are returned by banking institutions for reason of insufficient funds shall be reissued to the customer for first offense. Any repetition of insufficient fund checks being issued for payment of utility bills will result in the requirement of cash paymentof said utility bill and all subsequent utility bills issued by the City of Cibolo. Any deviation of this policy will be at the discretion of the Utility Department. SECTION SEVENTEEN (17) : Any person who has not paid his account by the 20th day of the month following the month in which billed, shall have his water service discontinued. It is further provided that all delinquent accounts shall be notified by letter at least 5 days in advance of service being discontinued. In the event of discontinuance of service, a turn-on fee shall be charged at the rate of $10.00. Any turn-off that can be circumvented by personal notification will be assessed a penalty of $3.00. Circumstances that may arise which would result in an unfair penalty charge being assessed the consumer will be determined on an individual basis and the findings of the Utility Department will be final. SECTION EIGHTTFFN (18) : All water furnished by the City Utilities Depart- ment to its consumers shall be measured by meters. The size, type and right to won and control all meters installed or used by consumers of its water shall be determined by said City Utilities Department, which shall keep all meters owned by it in repair without expense to consumer except as herein above provided. SECTION NINETEEN (19) : All water that passes through a meter shall be •. r • charged for, whether issued or not. Should any meter fail to register correctly the amount of water used by a consumer since the previous reading the right shall exist on the part of the City's Utility Department to average tje month and charge for water on the basis of any three month's average. Should any user demand a re-read of a meter, he shall deposit $3.00 with the City's Utilities Department. If the reread shows the meter has been over- read, the $3.00 shall be refunded to the user; otherwise the $3.00 shall become the property of the City's Utility Department. Should any consumer demand a meter be tested for accuracy, he shall make deposit commensurate with labor testing and water use expenses incurred in such testing. If the Test shows the meter is registering within the warranty of the meter manufacturer, the deposit shall become the property of the City Utility Department. If the test show the meter is registering more water than is actually going through the meter, the deposit shall be refunded to the user. Nothing in this section shall be construed as waiving of the payment of bills as provided in this ordinance. SECTION TWENTY (20) : No water shall be sold for farm irrigation. purposes. SECTION TWENTY-ONE (21) : Nothing in this section or any other section of this ordinance or any other ordinance shall be construed to compel the City Utility Department to furnish consumers beyond the corporate limits or to continue such service once begun; and the City Utility Department reserves the right to furnish such customers it deems advisable and to, at any time, wholly or partially discontinue the supply upon violation of any of the terms of this ordinance the same as though such consumer resided in the City. SECTION TWENTY-TWO (22): No water shall be furnished consumers beyond the corporate limits of the City unless and until such consumer desiring City water shall furnish the City Utility Department satisfactory evidence that all plumbing, including fixtures and appliances, through which City water is to pass, has been approved by the City Utility- Department representative. SECTION TWENTY-THREE (23) : In the event additional plumbing is to be installed on such premises (outside the corporate limits of the City of Cibolo, Texas) water service shall be discontinued to such consumer unless such additional plumbing installation have been approved by an authorized representative of the City Utility Department. SECTION TWENTY-FOUR (24) : No plumber or any other person, except authorized employees of the City Utility Department, shall turn water on or off at any city valve without a written permit first being obtained from the City Utilities Dept. SECTION TWENTY-FIVE (25) : After water is introduced into a building or • • Aii0 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 Utility Department. SECTION TWENTY-SIX (26) : Every person taking water from the City Utility Department shall at all reasonable times permit the Maintenance Officer or his agents to enter the premises and building for examination of pipes and fixtures and the manner in which the water is used, and refusal by any consumer shall result in refusal of water supply from the City Utility Department until such permission is granted. SECTION TWENTY-SEVEN (27) : The City Utility Department will make all repairs and renewals of service pipes from main to meter, and it shall be unlawful for any other person or persons to repair or renew service pipes from main to the meter. SECTION TWENTY EIGHT (28) : The right is reserved by the City Utility Department to temporarily discontinue and to reconnect without notice water supply to all consumers from the purpose of making repairs, connections, extensions, and cleaning of mains, machinery, reservoir or any part of said City Utility Dept. SECTION TWENTY NINE (29) : It shall be unlawful for any plumber or person, other than the tapper employed by the City Utility Department, to tap any main, make connections with mains or extend service pipes from main to meter or to place a stop cock and stop box at that point. All of this equipment shall be underrthe exclusive control of the City Utility Department, and said tap and service shall be paid for by the plumber or owner ordering the work done before the work is commenced. SECTION THIRTY (30) : If any section, part of section, provisions, sentence phrase or word of this ordinance shall be held to be void, ineffective or unconstitutional for any cause whatsoever it shall in no way affect the validity or the remaining sections and provisions of this ordinance, which shall remain in full force and effect. SECTION THIRTY-ONE (31 ) : 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 bhaIlebeCc4rgedltiihDkpo.w1edge of the provisions of this ordinance and by applying and accepting water from the City Utility Department to have acceded to the provisions hereof. SECTION THIRTY-TWO (32) : If any consumer shall be in debt to the City Utility Department for water furnished or for leakage or repairs on any account -iiio • 4111 at his then or previous place of consumption, his water shall be cut off by the City Utility Department until payment in full is made. SECTION THIRTY-THREE (33) : Where water service is desired and no mains exist in adjoining street, or alley, or road from which to make the connection, it will be necessary for the applicant ,to sign a special form of contract and make cash deposit as described herein following; the contract form shall be supplied by the City of Cibolo and shall carry at least the following conditions and terms: the cost of the proposed main shall be estimated by the City, and said amount shallbe deposited by the applicant with the City at the time of the contract. The contract must be signed by the applicant and the Mayor, and attested by the City Secretary and the deposit made before the work can be started. Each size or diameter and length of pipe must be described fully in the contract. Wrought iron or steel pipe shall not be installed for any public water supply of any more than three-inch inside diameter. No size of pipe smaller than two-inch can be issued for water mains under this ordinance. (All mains over 3" diameter shall be of cast iron or transite of such weight and with such type and style of jointing as may be directed by the City Engineer) . The City shall have the right to add extensions or branch mains without jeopardizing the contrac on any main already laid and in service. SECTION THIRTY FOUR (34): (A) 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. (B) It shall be unlawful for any person, firm or corporation, to willfully and 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. SECTION THIRTY FIVE (35): 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 to 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. SECTION THIRTY-SIX (36) : (A) It is and shall be unlawful for any person, firm, 'or corporation to dfaw 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. 4111 • • 4111 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. (B) 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 THIRTY-SEVEN (37) : Where water service is desired outside the corporate limits, and the City at its discretiOn agrees to furnish same, and no mains exist in adjoining streets, alleys or roads from which to make the connection, it will be necessary for the applicantto sign an option form of contract supplied by the City of Cibolo and shall carry at least the following conditions and terms: The cost of the proposed main shall be estimated by the City and said amount shall be deposited by the applicant with the City of Cibolo at the time of the contract. The contract must be signed by the applicant and the Mayor and attested by the City Secretary, and a deposit made before the work can be started. The entire cost of such main extension shall be borne by the applicant without any cost to the City. The size, composition, diameter and length of pipe must be as prescribed by the City and must conform to the specifications established by the said City. Such main extension shall be the property of the City and the said City shall have the right to add such extension or branch mains thereto as they may see fit. SECTION THIRTY EIGHT (38) : 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 shall govern. SECTION THIRTY NINE (39) : 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 and an offense, and shall be punishable as such, and for each and every violation of the terms of this ordinance, the person, form, association or corporation shall, upon conviction thereof in the Corporation Court, be fined not less than $100 nor more than $200.00, and each violation and each day thereof in a failure to comply with the terms of this ordinance shall constitute a separate offense. SECTION FORTY (140): Any person, firm or corporation who shall have made application for water service to the City of Cibolo shall be responsible for all water furnished under the terms of such application until notice is given to the Utility Department by such person, firm or corporation of the intension to discontinue such service. 1111 41, 1111 SECTION FORTY-ONE (41 ): This ordinance shall take effect and be in full force and effect from and after its passage and publication as required by law. SECTION FORTY-TWO (42): If any section, sentence, clause or paragraph of this Ordinance is for any reason held to be illegal, or invalid, such invalidity shall not affect the validity of the remaining portion of this Ordinance. SECTION FORTY-THREE (J3) : The City Utility Department has the right to control water use in case of emergency. PASSED AND APPROVED this 17th day of October , 1974. A.D. / C e- F. S. SCHLATHER MAYOR ATTEST: ,„V,27, LINDA N. LING CITY SECRETARY 4111111es ATTACHMENT NO. I Fixing a deposit to be charged for utility services provided by the City of Cibolo. The City of Cibolo Utilities Department has a bonded indebtedness against utility services and must assure sufficient revenues accrue from the operation of such utilities to amortize such indebtedness . Therefore, the City Council, City of Cibolo, Texas has approved and requires all utilities users to place a deposit in the following amounts prior to the granting of such utilities service and that meter size as indicated, will be the sole criteria for assessing such deposit: (a) 5/8" x 3/4" $20.00 (b) 3/4" x 3/4" $20/.00 (c) 1 " $20.00 (d) 12" $50.00 (e) 2" x 2" $50.00 • • 40. 411 1110 ATTACHMENT NO. II AFFIXING A RATE SCHEDULE FOR WATER SERVICE PROVIDED BY THE CITY OF CIBOLO. The City of Cibolo provides water service to consumers within the incorporated city limits and a charge for such water service is required to support the operation and maintenance expenses of such system. The following rate schedule has been approved by the City Council, City of Cibolo, Texas and is hereby a part of Ordinance No . 211 . RATE SCHEDULE 86.00 Minimum Monthly Bill for 3,000 gallons .90 per 1 ,000 gallons for next 5,000 gallons .70 per 1 ,000 gallons for all additional water over 8,000 gallons . The above schedule includes all residential 5/8" x 3/)4" Service. 1 2" x 11/2" Meters and over. $18.50 Minimum Monthly Bill for 3,000 gallons .90 per 1 ,000 ga0.ons for next 5,000 gallons. .70 per 1 ,000 gallons for s,l tadditional water over 8,000 gallons .