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OR 180 Regulates water & sewer within the City limits; provides for the appointment of a Superintendent of waterworks AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.180 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REGULATING WATER AND SEWER WITHIN THE LIMITS OF THE CITY; PROVIDING FOR THE APPOINTMENT OF A SUPERINTENDENT OF WATERWORKS; PROHIBITING AND MAKING IT UNLAWFUL FOR PERSONS TO INTERFERE, DESTROY, DEFACE, INJURE OR TRESPASS UPON WATER TANKS, FIRE HYDRANTS, METER BOXES AND OTHER PROPERTIES MAKING UP THE WATER AND SEWER SYSTEM OF THE CITY; MAKING IT UNLAWFUL FOR ANY PERSON TO MAKE ANY CONNECTION TO THE WATER AND SEWER SYSTEM WITHOUT FIRST MAKING APPLICATION TO THE CITY; ESTABLISHING WATER RATES; ESTABLISHING RATES FOR SEWER SERVICE; PROVIDING REGULATIONS TO CONTROL EXTENSION OF WATER LINES INTO SUBDIVISIONS OR TO INDIVIDUALS; PROVIDING PRO-RATA CHARGES; ESTABLISHING TAPPING FEES, REQUIRING ALL OWNERS OR OCCUPANTS OF BUILDINGS TO CONNECT TO THE CITY SEWER WHERE THE PROPERTY LINE OF THE LAND ON WHICH SUCH BUILDING IS SITUATED APPROACHES OR EXTENDS TO WITHIN ONE HUNDRED FEET (100') OF ANY CITY SEWER MAIN; ESTABLISHING FEES TO BE CHARGED FOR SEWER SERVICES; PROVIDING REGULATIONS FOR EXTENSION OF SEWER LINES TO SUBDIVISIONS AND INDIVIDUALS; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVER ABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. "WR" (WATER REGULATIONS) WR-1 SUPERINTENDENT OF WATERWORKS: There shall be appointed by the City a Superintendent of Waterworks and such Superintendent shall, at the direction of the City Administrator, perform all duties placed upon him by the City and such other duties prescribed by the provisions of this Code and State Statute. WR-2 storage tank or permission of Administrator. UNLAWFUL ACTS: It shah be unlawful for any person to do, commit or assist in committing any of the following things or acts: (A) To open or close any fire hydrant, meter box cover or stop cock connected with the Waterworks System, or lift or remove the covers of any gate valve or shut-offs thereof, without the permission of the Superintendent of Waterworks, except in case of fire, and then under the direction of officers of the Fire Department. (B) To interfere with, destroy, deface, injure or wantonly force open any gate or door, or in any way whatsoever destroy, injure or deface any part of any engine house, reservoir, stand pipe, elevated tank, building or buildings, or appurtenances, fences, trees, shrubs or fixtures or property appertaining to the waterworks system. (C) To go upon or ascend the stairway or steps, on any elevated water stand pipe of the Waterworks System, except by the Waterworks Superintendent, and the City (D) To place any telegraph, telephone, electric light pole or any obstruction whatsoever within three feet (3') of any fire hydrant. (E) 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 provisions of this Code. (F) To place upon or about any fire hydrant, gate, valve or curb cock connected with the Waterworks System any object, material, debris or structure of any kind, or to interfere in any manner whatsoever with any of the waterworks, or to turn on the water after service has been discontinued. (G) To park a vehicle within fifteen feet (15') of any fire hydrant. (H) To make or permit to be made any connections with the main or service pipes or the Waterworks System or to turn on or use the water of the System without first obtaining a permit therefor. (1) To remove any water meter or water meter lid that has been placed by the City, or to in any manner change, interfere with or tamper with WR-3 WR-4 (J) any water meter or water meter lid; providing that the provisions of this Section shall not apply to the employees of the City when acting in their official capacity; or, To have in one's possession a key or master key that will unlock water meter lids. This subsection does not apply to City officials or employees. APPLICATION FOR CONNECTION: It shall be unlawful for any person to make any connection to the mains or pipes of the Waterworks System without first making application to the City, stating fully the several and various uses for which water is wanted, giving the name of the property, the number of the lot and block, name of the street and house number. Upon the payment of the tspping fee, the Superintendent shall make, or have made, the necessary connections and furnish a curb stop box and curb cock, the cost of which is included in the tapping fee, and every premises not now equipped with the curb stop box and curb cock and connected with any water main, or being supplied with any water from the Waterworks, shall have a separate service connection, curb stop box and curb cock installed by and at the expense of the owner of the premises. If the application is approved by the Superintendent of Waterworks, a permit will be issued. All fees and charges shall be paid for at amounts and rates fixed by Section WR-14 of this Code. WATER RATES: The monthly rates or charges for service furnished by the City waterworks dwellings shall be as follows: First 2,000 gallons (minimum) All over 2,000 gallons system for single-family $5.00 ~$1.50 per 1,000 gal. The monthly rates or charges for services furnished by the City waterworks system for nonsingle-family dwellings, such as but not limited to apartment or multi-family complexes, mobile home parks, hotels and motels, office buildings, townhouses, condominiums, or other users wherein there is one master meter which serves more than one unit shall be the same rates as set WR-5 WR-6 WR-7 WR-8 forth for single-family dwellings above, based upon an average usage for each user from the master meter multiplied by the number of users of such meter. For clarification and example, if an apartment house had ten (10) units and the master meter indicated seventy thousand (70,000) gallons of water consumption, the average use would be seven thousand (7,000) gallons, yielding a rate of $12.50 for each unit multiplied by the total number of units (ten) (10) equaling a total bill of one hundred twenty two dollars fifty cents ($125.00) to be paid by the customer. For motels, divide total number of rooms rented by thirty (30) (representing days) for total units to be billed. DISCONTINUANCE OF SERVICE: Any person wishing to discontinue the use of water supplied from the Waterworks System must give notice thereof to the City, otherwise the charge will be entered until such notice has been given. The charge for shutting off and turning on of such service shall be five dollars ($5.00). REPORT LEAKS: It shall be the duty of all employees of the City, including officers and members of the police force to report to the Superintendent of Waterworks, upon blanks furnished for that purpose, any leaks or unnecessary waste of water that may come to their attention, also any violation of this Ordinance. METERS: All meters whether private or belonging to the Waterworks System shah be set by the employees of the City. If the meter fails to register, the consumer will be charged at the average daily consumption as shown by the meter when in order. All water that passes through the meter shall be charged for, whether used or not. SEPARATE METERS REQUIRED: Each consumer of water living in a separate house must have a separate connection and meter for each house; provided, that in cases of hardship or where a residence is not in reach of a City water main, arrangements may be made, at the option of the City, to secure water from another user of City water. WR-9 WR-10 WR-11 WR-12 REPAIR WATER LINES: In the interest of water conservation, if at any time water lines and connections from the meter loop connection into the residence, house, barn, business, yard or similar places become rusted out, broken or in general deteriorated, it shall be the duty of the owner of the premises to place his lines in a good and serviceable condition. The replaced and repaired lines must meet specifications laid down by the City Plumbing Code. METER DEPOSIT: Each water consumer shall make a meter deposit in at least the sum of twenty dollars ($20.00). Should a twenty dollar ($20.00) deposit be insufficient to pay an average monthly bill or if experience has proved that a customer does not pay water bills promptly, and as due, the City Administrator may require the meter deposit to be in any sum deemed necessary to protect the City. Such meter deposit may be applied to the payment of any water and sewer overdue to the City. Any unused portion of the deposit shall be refunded to the consumer at any time service is discontinued. WATER RATIONING: The Mayor, or in his absence the Mayor Pro Tem of the City, may when necessary to do so to protect the citizens of the City, order a rationing system suited to the emergency then existing, by declaring an emergency. EXTENSION OF WATER LINES TO SUBDIVISION AND WITHIN SUBDIVISIONS, OR TO INDIVIDUALS: (A) Where extension of water mains are required to serve property which has been subdivided or platted for development and resale, the costs of approach mains fronting on property not owned by the developer but required and necessary to connect property to be developed shall be borne solely by the developer. The sizes of all aforementioned mains shall be determined by the City. Refunds for main extensions will be as follows: 1. Upon approval and acceptance of the system by the City, on any mains larger than twelve inch (12") diameter, the City will pay, upon acceptance if funds are available, or will enter into a pro-rata agreement with the WR-13 WR-14 developer, the amount being the difference between the cost of the oversized mains and the twelve inch (12") diameter mains. 2. The City will only refund to the subdivider pro-rata charges received from applicants who desire to connect to the mains of a diameter larger than twelve inch (12") with the total refund not to exceed the amount of the subdivider's cost of the off-site improvements. 3. The maximum period of time for the pro-rata reimbursement to the subdivider for the off-site mains shah not exceed seven (7) years. (B) Oversized Mains Within Subdivisions. Developers of subdivisions shah bear the entire costs of water and sewer systems within or along the boundary of their subdivisions, except than on any mains larger than twelve inch (12") the City will refund the difference between the cost of the oversized mains and the twelve inch (12"). Adequate size of such water and sewer mains shah be determined by the City. PRO-RATA CHARGES: The City may extend water and sanitary sewer mains in the streets and alleys, or easements within the City limits in order to permit connections by those persons desiring water and sanitary sewer services. A charge, known as "pro-rata," shah be made against each lot or tract of land, and the owner thereof, whose water line shah be hereafter connected with any water mains in the City, shah be charged the following rates: (A) Two Hundred Dollars ($200.00) per acre of land to which water connections are made on a line. (B) Four Dollars ($4.00) per front foot of the lot or tract of land of five (5) acres or led which water connection is made. In addition to the pro-rata charge on water and sewer mains, the property owner must pay the connection charges as established by Section WR-14. The maximum period of time for the pro-rata reimbursement to the original depositor for off-site mains shah not exceed seven (7) years. TAPPING CITY MAINS (A) Water: The tapping fee for connection with the Waterworks System shah be: SR-1 3/4" 2" arid over $175.00 $200.00 plus cost of materials and labor $250.00 plus cost of materials and labor Total cost of materials and labor EXCEPT in the case of apartment complexes, mobile home parks, office buildings, motels, townhouses, multi-family dwellings, etc., and all other facilities other than single family dwellings served by one master meter, in which case the charges shah be: (1) Mobile Home Parks: $50.00 per each mobile home space and total cost of materials and labor for the master meter. (2) Apartment Complexes, Townhouses, Office Buildings, Multi-Family Dwellings, etc. Served by One Master Meter: (a) $50.00 per each unit of 2 bedrooms or more shown on the plans submitted for building permit. (b) $45.00 per each 1 bedroom unit shown on the plans submitted for building permit. (c) $45.00 per each separate place of business shown on the plans submitted for building permit. SECTION 2. "SR" (SEWER REGULATIONS) CONNECTION TO SEWER REQUIRED: All owners or occupants of buildings, or agents for the owners, situated in any section of the City where a sanitary sewer now exists, or where it may hereafter exist, and where the property line of the land on which any such building is situated approaches or extends to within one hundred feet (1009 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, under the supervision of the Plumbing Inspector provided however, that where there now exists a septic tank in proper sanitary working condition, it may be permitted to remain in use until such time as it may be found to be unsanitary and in this event, it may be ordered removed by the Plumbing Inspector upon ten (10) days notice to the owner thereof, and all facilities shall be connected to the City sewer, within ninety (90) days after service is SR-2 SR-3 (A) (s) ava~able. It shah be the duty of any such property owners or occupants of such property to keep and maintain the water closet and connection thereof in perfect 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 or on any lot or parcel of land. All persons now having such privies in such locations are hereby required to abate the same within thirty (30) days after notice by the Plumbing Inspection, to do so, and to construct and to put in water closets and connect the same with the City sewer. SEWER RATES: The monthly rates or charges for services furnished by the sanitary sewer system of the City for single- family dwellings shah be based on the amount of meter water which is furnished during the month as follows: First 1,000 gallons (minimum) All over 1,000 gallons Sewer Service Only (Flat Rate) Each residential, units, apartments, mobile home parks will be billed $4.00 ~$.55 per 1,000 gal. $7.85 multi-family dwellings, or a minimum charge plus consumption up to the maximum of 14,000 gallons of metered water per unit. PRO-RATA CHARGES: The City may extend sanitary sewer mains in the streets and alleys, or easements within the City limits in order to permit connections by those persons desiring sanitary sewer service. A charge, known as "pro-rata," shall be made against each lot or tract of land, and the owner thereof, whose sewer line shall be hereafter connected with any sewer mains in the City, shah be charged the following rates, which rates are a portion of the total cost of such sewer mains: Two Hundred Dollars ($200.00) per acre of land to which sanitary sewer connections are made on a fine. Four Dollars ($4.00) per front foot of the lot or tract of land of five acres of less to which sanitary sewer connection is made. SR-4 SR-5 (A) (A) TAPPING CITY MAINS Sewer: The tapping fee for connection with the Sanitary Sewer System shall be: (2) 6" and larger Mobile Home Parks: $150.00 Total cost of materials and labor $100.00 per each mobile home space and total cost of materials and labor. (3) Apartment Complexes, Motels, Townhouses, Office Buildings, Multi-Family Dwellings, etc., Served by One Master Meter: (a) $100.00 per each unit of 2 bedrooms or more as shown on the plans submitted for a building permit. (b) $50.00 per each 1 bedroom unit as shown on the plans submitted for a building permit. (c) $50.00 per each separate place of business shown on the plans submitted for building permit. EXTENSION OF WATER AND SEWER LINES TO SUB- DIVISION AND WITHIN SUBDIVISIONS OR TO INDIVIDUALS Where extensions of sewer mains are required to serve property which has been subdivided or platted for development and resale, the costs of approach mains fronting on property not owned by the developer but required and necessary to connect property to be developed shah be borne solely by the developer. The sizes of aH aforementioned mains shall be determined by the City. Refunds for main extensions will be as follows: (1) Upon approval and acceptance of the system by the City, on any mains larger than twelve inch (12") diameter, the City will pay, upon acceptance if funds are available, or will enter into a pro-rata agreement with the developer, the amount being the difference between the cost of the oversized mains and the twelve inch (12") diameter mains. (2) The City will only refund to the subdivider pro-rata charges received from applicants who desire to connect to the mains of a diameter larger than twelve inch (12") or larger with the total refund not to exceed the amount of the subdivider's cost of the off-site improvements. WS-1 WS-2 (3) The maximum period of time for the pro-rata reimbursement to the subdivider for the off-site mains shall not exceed seven (7) years. (B) Oversized Mains Within Subdivisions. Developers of subdivisions shall bear the entire eosts of water and sewer systems within or along the boundary of their subdivisions, except that on any mains larger than twelve inch (~[2") the City will refund the difference between the cost of the oversized mains and the twelve inch (12"). Adequate size of such water and sewer mains shall be determined by the City. SECTION 3. "WS" (WATER AND SEWER REGULATIONS) LIABILITY FOR MATERIALS: Each property owner or subdivider shall furnish materials and shall install all water service lines and sanitary sewer laterals from the mains to the structures at his own cost and expense to meet the standard details and specifications and the approval of the City, except that the City will furnish the meters, necessary fittings, and meter boxes for the water service lines and will complete the meter installations and connections. For the connections to the mains and for furnishing and installing water meters. PAYMENT OF BILLS: The rates and charges fixed and prescribed for the waterworks, and sanitary systems shall be paid simultaneously by users to the City, on the billing date shown on the monthly statement, which shall be the date such rates or charges shall become due or payable unless otherwise indicated, and the City shall refuse to accept the payment for a part of such service unless the entire amount due from the respective user or customer for all services supplied and billed is paid. In case any user or customer of such services does not pay the amount due by such user or customer within ten (10) days from the date the same becomes due and payable, it is hereby made the duty of the City to issue a notice of "Disconnect of Service Until Paid in Full," together with notice of a five dollar ($5.00) reconnect charge. When payment is made, service may be WS-3 WS-4 resumed. Any payment made by personal check will be subject to a five dollar ($5.00) service charge if the check is returned by the bank for any reason. TRANSFER ACCOUNT: Any person owing water, or sewer fee and removing to other premises where there are water connections or where connections are thereafter made, shah before being permitted to use the water pay all former delinquencies. Further a person's unpaid water and sewer fee may be transferred to another premises where water service is currently in use when two (2) or more services are being rendered to the same person at the same time and one is disconnected. NO FREE SERVICE: No free service shall be allowed, and to the extent that the City or any of its departments avail themselves of the services and facilities afforded by the waterworks and sanitary sewer system, they shall pay therefor the same rates and charges herein prescribed for other consumers. SECTION 4. REPEALING CLAUSE All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. SEVERABILITY CLAUSE If any article, paragraph or subdivision~ clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 6. PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guility of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 7. EFFECTIVE DATE. This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this __~_~day of f~(L~ , 1978. APPROVED: ATTE~: APPROVED AS TO FORM: