Loading...
HomeMy WebLinkAboutOrdinance No. 841 ORIGINAL THE CITY OF THE COLONY, TEXAS OaDINANCE NO. , (tl AN ORDINANCE OF Tim crrY COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF THE COLONY, TEXAS BY AMENDING CHAPTER 12, RELATING TO MUNICIPAL UTII JTIES AND SERVICES BY PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION FOR SERVICE; PROVIDING PROCEDURES FOR ESTABLISHING WATER AND SEWER CONNECTIONS; PROVIDING FOR INSTAI.IATION OF FIRE SPRINKLERS; ESTABLISHING DEPOSIT RATES; ESTABLISHING RATES AND RATE STRUCTURE; PROVIDING BILLING PROCEDURF_S AND ESTABLISHING PROCEDURES FOR CUSTOMER COMPLAINTS; ESTABLISHING PROCEDURES FOR REFUSE COHJ~CTION; PROVIDING FOR OTHER FEES AND CHARGES; PROVIDING PROCEDURES FOR NOTICES TO AND FROM THE CITY, CUSTOMERS AND OTHER PERSONS; ESTABLISHING PROHIBITED SUBSTANCES IN THE WATER SYSTEM; ESTABLISHING PROHIBITED DRAINAGE INTO STORM SEWER OR SURFACE DRAINING SYSTEM; PROVIDING REGUI_,ATIONS FOR USE OF FIRE HYDRANTS AND FLUSHING VALVES; PROVIDING REGULATIONS FOR STORAGE TANKS; PROHI~G CROSS CONNECTIONS; PROVIDING FOR REPAIR RESPONSIBIIJTIES; ESTABLISHING OFFENSES AGAINST THE WATER SYSTEM; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED ONE THOUSAND DOIJ,ARS ($1,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHAH. BE DEEMED COMMITFED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS.' SECTION 1. DEFINITIONS: The following definitions, without limitation by reason of specification, shall apply: 1. ~d~e,~i~il includes any unit other than an occupied single or multiple residential unit. 2. Connection includes the service to any premises. 3. ~ includes any physical connection or arrangement of pipes between two otherwise separate water supply systems, one of which contains potable water 1 and the other water of unknown or questionable safety as determined by the City Manager, whereby water may flow from one system to the other, the direction of flow depending on pressure differential between the two systems. 4. Customer includes a person that: (a) has an account with the City for the supply of water, sewer or refuse collection services; or (b) has made application, whether written or oral, to the City for water, sewer or refuse collection services,s and such service has been provided or made available by the City at the premises specified in the application. 5. Ci.ty shall mean the City of The Colony, Texas, its authorized officers, employees and agents. 6. ~ shall mean the Code of Ordinaries of the City of The Colony, Texas. 7. ~ shall include any water supplied to any premises, customer or other .persons, whether or not through a meter, flushing valve or fire hydrant, the source of which ts the water system of the City. 8. Equipment belon~n_~ to the City shall include all pipes, meters, connections, valves and other tangible goods used by the City as part of its water system. 9. ~ shall mean that person appointed by the City Counc'il of the City of The Colony, Texas or his/her authorized representative. 10. Multiple Residential Unit shall include a building or structure contaJnlng more then one single residential nnit. Townhomes and condominiums are examples of multiple residential !mits. 11. Person shall include any individual, firm, association, partnership, corporation, governmental body or any other entity. SECTION 2. APPLICATIONS FOR WATER, SEWER OR REFUSE CO! J.g. CTION SERVICES 1. Any person who desires to be a customer of the City's water, sewer or refuse collection service to any premi.~es shall make written application to the City, upon a form provided by the City. The form shall provide that information deemed necessary or appropriate by the City. 2 2. An applicant or other person shall furnish proper identification upon request of the City, together with all information regarding the premises, including but not limited to ownership, tenancy or any relationship of applicant or customer to other present or former applicants or customers at the premises. Failure of the applicant or customer to furnish such information within ten days shall be grounds for the immediate discontinuance of any water, sewer or refuse collection services to the premises. 3. Should water, sewer or refuse collection service be discontinued to premises because of violations of the City Code, including delinquent payment, no new application shall be accepted from any person to provide or continue service to such premiaes under any other name so long as the premises are in the control of a delinquent customer whether owner or occupant or owned by the same owner, until all amounts due to the City have been paid in full or until an agreement for the payment thereof has been made with the 4. ff any person shall knowingly and willingly make a false statement in any application for water, sewer or refuse collection services, such person shall be guilty of a mi~emeanor and shall be liable for a fine not to exceed two hundred dollars ($200.00). SECTION 3. UTII.1TY CONNECTIONS 1. In every case where any person desires connection with the City's water system, the City will, upon written application accompanied by proper payment, furnish to the customer, install, inspect, and test a connection with the City water main. (a) The fee for water connections shall be the actual cost of materials and labor supplied by the City. (b) All customers shall be supplied with water only when the amount supplied is measured through a meter. Meters for service with the City shall be furnished and installed by the City at the customer's expense. The location, size, installation, type and number of meters shall be at the direction of the Director of Public Works. (1) In the event that a customer requests a meter location other than that prescribed by the Director of Public Works, and ff the Director of Public Works gives his/her approval, the customer shall bear the entire expense of any excavation or extension of existing lines necessary to make the requested connection. (2) All meters, curb cocks, valves, meter boxes, and fixtures, appurtenant thereto, connected, installed or used by the City as provided herein, including those furnished at the customer's expense, shall remain the property of the City, under direct control of the City. (3) All meters, which become unserviceable through normal wear and tear, shall be maintained, repaired and renewed as necessary exclusively by the City. When such maintenance, including adjustments, repair, or replacement of any meter becomes necessary by the act, neglect, negligence or carelessness of the owner or occupant of the premises, or their invitee, any expense thereby incurred by the City shall be charged the customer. (4) Whenever separate metering is, in the opinion of the Director of Public Works, appropriate, he/she may require, as a prerequisite for receiving water and sewer service, a customer to have two separate meters, one of which will measure the amount of water supplied to the customer for uses which would ordinarily result in creation of sewage and one to measure the amount of water supplied for uses which will not result in the creation of sewage. The former meter will hereinafter in this code be referenced as ~vater/sewer meter". (c) Control Devices (1) 'Stop and Wastecock" - The customer shall install inside the property line a 'stop and wastecock" of a design approved by the Director of Public Works, at a location accessible in the event of any emergency. The curb cock at the meter shall not be used in lieu of this "stop and wastecock". (2) '~ack-flow" - The Director of Public Works may require the installation of a check valve or back flow and siphonage device of a design approved on any premises for the protection of the water system. Should the Director of Public Works deem such installation necessary, upon written notice to the customer of such determination, the customer shall immediately install the type of device indicated in the notice at his own expense. 2. No person shall tap, connect to, or otherwise extend a wastewater line located within the public right-of-my or in an easement held by the City, or tap or connect to any wastewater line which is owned or maintained by the City, without having first made application to the City. No wastewater connection shall be made to any premiss unless such premises are connected to the water system of the City. (a) Any person desiring to make connection to the City wastewater system shall make application to the City. The fee for connections to the wastewater system shall be the actual cost of materials and labor supplied by the City. (b) Ail connections to the City's wastewater system shall be in accordance with the City's rules and regulations. No wastewater connection or house lead shall be covered in the ground before a representative of the City has inspected the connection. 4 3. It shall be unlawful for any person within the City to construct, maintain_ or operate a septic or sewage holding tank or any other sewage retainage or holding devic~ of any type whatsoever for the storage or removal of sewage (such tanks or devices herein called '~rivate sewage facility") other than a sewage connection with the City's wastewater system without prior approval from the City Council. The approval of the City Council shall be conditioned upon the following: (a) Any private sewage facility shall meet the minimum requirements of and be licensed by the Denton County Health Department and be approved by the City's En~neer. (b) The private sewage facility, or any part thereof, may not be constructed within 300 feet of any organized disposal system. (c) Any license shall be cancelled and the approval terminated whenever an organiTed disposal system's collection lines are extended to within 300 horizontal feet of any part of the private sewage facility. Under no ciro~m~tances shall the City be liable for any part of the cost of installation or removal of such a private sewage facility, but all such costs shall be borne by the owners and/or users thereof. (d) At any time a private sewage facility license becomes cancelled under the operation of provision (c), the owner and/or user of such facility shall take immediate steps to connect with the organized system, at the cost of the owner and/or user, within 180 days of such cancellation. (e) The owner and/or user of any private sewage facility shall be liable to the City for any and all damages, costs and other expenses arising out of or caused by use of the private sewage facility. 4. Any customer that experiences stoppage in Ms/her sewer service should contact a plumber. If the plumber determines the stoppage is in those lines within the City's easement, the City should be contacted immediately to make the necessary repairs. Should the Director of Public Works determine the stoppage was in the City's lines, he/she may at Ms/her discretion authorize payment to the plumber or reimbursement to the customer for reasonable service charges up to thirty dollars ($30.00) upon receipt of a written request and a statement from the plumber. SECTION 4. FIRE SPRINKI.F. RS OR SERVICE SYSTEMS 1. No connection for a fire sprinkler or service system shall be permitted on any premises without a meter, or a detector check with a bypass meter. Installation without a meter or detector check may be allowed after written application has been made to, and granted in writing by, the City. 5 2. The costs of purchase, installation, maintenance and inspection of all equipment required by this chapter for the installation and operation of fire sprinkler and service systems shall be at the expense of the customer. SECTION 5. DEPOSITS 1. At the time application is made for water and sewer services: (a) A deposit shall be made with the City in the following minimum amounts for premises served as indicated: 2" water meter and smaller $ 55.00 Sanitation $10.00 Commercial connection $100.00 (minimum) 2. If any customer has an account that requires a minimum deposit of two hundred fifty dollars ($250.00) or more, the City Manager, in his/her discretion, may accept a bond in lieu of the cash deposit. 3. Any and all moneys collected from customers as deposits shall be deposited in a special fund. The Utility Office Manager shall keep an accurate record of such customers and amounts so deposited. 4. If service has been disconnected to any customer or any premises for failure to pay any mount owing to the City, the Utility Office Manager, in his/her discretion, may require a deposit in addition to that required in Section 5.1 as determined by the Utility Office Manager. 5. At each monthly billing, the City shall determine which customers are eligible for a refund of their deposits. A customer is eligible for a refund fi: (a) he/she has been a customer of the City for at least twenty-four (24) consecutive months, (b) for the twenty-four months preceding the determination of eligibility for refund, the customer has not received a delinquent notice for late payment, or the customer's service has not been terminated for failure to pay any amount owing to the City, (c) the customer's deposit is being held by the City; or (d) the water service is permanently discontinued at the customer's request. Each customer who is determined to be eligible for a deposit refund shall receive a credit on his/her bill for the mount of his/her deposit held by the City up to the amount of charges for water and sewer service appearing on such bill. If the deposit exceeds the charges for water and sewer service appearing on the bill, then credits shall be given against each subsequent month's bill up to the amount of charges appearing on that bill until the deposit has been fully refunded through credits against each subsequent month's bill up to the amount of charges appearing on that bill until the deposit has been fully refunded through credits against the City bills. In the event of termination of service at the customer's request, the deposit will be applied to the final bill. Any remaining balance due the customer will be refunded. 6. In the event a customer has not paid a deposit pursuant to Section 5.1(a) or has had the deposit refunded under Section 5.6 and should have service discontinued for failure to pay any amount owing the City, then as a condition to restoring service the customer will, in addition to paying all amounts owed to the City, pay a deposit in accordance with Section 7. A Certificate of Occupancy Inspection must be paid for and scheduled prior to establishing water service within the City's limits to any commercial or residential property. SECTION 6 RATES 1. Any person receiving water from the "City~ shall be charged and pay for such water according to the following rates: (a) Single and Multiple Residential and Commercial During construction and prior to initial occupancy $10.00 After initial occupancy: 0-2,000 gallons $10.00 2001 - 15,000 gallons $ Z40per 1,000gallons All over 15,000 gallons $ 2.90per 1,000gallons (b) Each multiple residential unit and commercial unit within a single building or complex, shall be billed no less than the minimum monthly rate. 7 (c) Any customer who received water services through two or more meters shall be charged no less than the minimum monthly rate for each meter on the premises so connected, whether active or inactive. Such customer may request the .City permanently remove one or more of such meters and combine the water services into one meter; removal shall abate the charges related to such meters. Removal and re-connection of a meter for any seasonal purpose, including, but not limited to, lawn spriuldering, watering or air conditioning, shall subject the customer to a re- connection charge in the amount equal to the minimum monthly charge multiplied by the number of months that such service was disconnected, not to exceed a twelve (12) month period. Any request that a meter be removed and reinstalled within any twelve month period shall be deemed for a ~seasonal purpose~ and presnmed not ~ermanent' within the meaning of the subsection. (d) Customers outside the City limits shall pay one and one-half times the water rate set for customers living inside the City. These rates are applicable to all sales or service of water. All leakage between a meter and a building is the responsibility of the owner, tenant or occupant of the building. Anyone receiving city water service must pay the above water charges regardless of whether the building is occupied or not. 2. Any personr ' ' · ece~vmg wastewater serwce from the City shall be charged and pay for such service according to the following rates: (a) Single and Multiple Residential 0-2000 gallons $10.00 minimum All over 2"000 gallons $ Z00per 1,000galiom For consumption over 2.000 gallons, the charge will be based on a three (3) month winter average water use. These 3 months will reflect the lowest months of usage. For new customers, when no three (3) month average exists, a monthly average of 5,000 gallons will be established. (b) ~ (based on water meter reading) 0-2,000 gallons $ I0.00 2,001-100,000 gallons $ Z90per 1,000 gallons (c) Each multiple residential unit and commercial unit within a single building or complex shall be billed no less than the minimum monthly bill. 8 (d) Churches and schools will be charged according to commercial rates. 3. Any person receiving refuse collection service from the City shall be charged and pay for such service according to the following rates: (a) Each customer whose account is classified as a single residential unit, which is not part of a multiple residential unit of five or more single residential units, and who receives refuse collection service, shall be charged a fee to be established annually by Council Resolution. 4. A charge in the amount of $1.65 per month shall be added to the utility bill of each customer ece~vmg wastewater sermce from the City of The Colony. Such charge shall be for the repayment of the State Revolving Fund Loan acquired for the installation of sani~'y sewer improvements in the Eastvale Subdivision. SECTION 7. BII J,ING 1. All meters shall be read once a month, as may be practicable, by the City and bills rendered as provided in this section. 2. An estimate of the quantity of water delivered to the premises and bill therefor shall be made if: (a) the meter reader is, in his/her judgement, unable to procure a reading of the meter because access to the meter is obstructed in any manner subject to the control of the customer; or (b) the meter cannot be located by the meter reader; or (c) the meter does not properly function or is otherwise defective; or (d) adverse weather or other acts of God prevent the reading of the meter; or (e) no meter is in place at the premises; or (f) a meter reading is not available to the billing section of the City at the time of preparation of the bill for any other reason. 3. All estimates herein allowed shall be based upon: (a) past consumption experience at the premises, adjusted for seasonal consumption; or 9 (b) if there is no past experience, upon consumption of a similar type of customer in the same classification adjusted for seasonal consumption. 4. The customer shall pay to the City the amount of the bill rendered. In the event the customer demonstrates that an estimate is excessive, the customer shall pay an amount based upon: (a) an actual meter reading on the premises; or Co) a revised estimate made by the City as provided in Section 73. 5. Charges for refuse collection shall be billed and shown on the utility bill rendered to the customer. In no event shall there be any abatement of the refuse collection charge billed to an owner or occupant by reason of the vacancy of any single residential unit within a multiple residential unit. 6. Charges for wastewater service shall be billed and shown on the utility bill rendered to the customer. In no event shall be any abatement of the wastewater service charge by reason of the vacancy of any single residential unit, multiple residential unit, commercial unit or any other building, structure or premises connected to the wastewater system of the City. 7. Water, wastewater and refuse collection bills, including charges and penalties for each customer, shall be rendered bay the City on a monthly basis. The bill as rendered shall become delinquent after the due date as shown on the face of said bill, such date of delinquency to be determined ns provided in the next subsection of this chapter. 8. Payment shall be made to the City as follows: (a) If payment is made by mai[ the date of actual receipt by the City of a fully negotiable payment shall be the date the payment is deemed to have been received. (b) If payment is made in person, by chase or check, the date of receipt shall be the date stamped upon the receipt issued therefore by the City. (c) Any bill not paid in full on or before the due date as shown on the face of the bill rendered to the customer shall be delinquent for purposes of this section. The due date shall be at least nine (9), but not more than fifteen (15), business days after the date the bills are prepared. (d) Failure to receive any gill provided by this section shall not relieve the customer of any liability. 10 9. A late charge of three dollars ($3.00) shall be charged to any customer whose payment has not been received by the City on or before the close of business on the due date as specified on the bill rendered to the customer. 10. When any customer believes his/her meter is incorrect for any reason, he/she may make a written request to the City to have the meter removed and tested. The Director of Public Works may require the customer to pay the cost for the removal and test of the meter in accordance with the following schedule of fees: 1 1/2" meter or smaller $20.00 2" meter or larger $35.00 If, upon removal and test, the meter is found by the City to register more than two percent (2%) more water than actually passes through it for meters of one inch or smaller, or three percent (3%) for meters larger than one inch in size, the fee charged the customer under this subsection shall be credited to his/her account. Whenever a meter has been found by the City to be out of order, as herein defined, the customer shall be charged with an average daily consumption, as shown by the corrected meter, for the ninety (90) day period preceding the filing of the request. 11. In any case in which there appears to be a material discrepancy in the amount of the bill rendered to the customer, it shall be the duty of the City, upon written notice from the customer, to send an inspector to inspect and to verify the reading of the meter within five (5) days of receipt of the complaint, at no charge to the customer. If the number of complaints exceeds three within any six month period, the city shall charge the customer five dollars ($5.00) for any inspection made during the succeeding twelve month period, said charge to be added to the next bill rendered to the customer. 12. If service is supplied to more than one person at a premises, the City shall render a bill for such water, wastewater and refuse collection services as are provided to the customer in whose name the account stands, and the City shall not be responsible for any apportionment of the bill for the said services among the persons occupying or owning the premises. Upon default of payment by the customer, the persons occupying or owning the premises shall be jointly and severally liable for payment thereof as ff they were the customer. In the event enumerated in the preceding clause, and ff the occupant or owner shall pay such bill on demand of the City, the City shall be subrogated to the paying occupant or owner as to any cause of action by such paying occupant or owner on the debt of the customer that is thus discharged. 13. Water used in the construction or repair of any premises shall be charged against the owner of such premises, who shall be conclusively presumed to be the customer for all purposes of this chapter. 14. All water furnished to another city or any other governmental entity shall be payable to the City. SECTION 8. RESERVED 11 SECTION 9. REFUSE COLLECTION SERVICE 1. Refuse collection services may be provided to any premises. 2. Refuse collection service shall include the removal of garbage, trash, debris and brush as defined by the sanitation contractor. 3. Garbage, trash, debris and brash shall be placed in containers approved by the 4. Items which will not fit into containers approved by the City shall be bundled as prescribed by the City. 5. The location of the pick-up site for customers' refuse shall be prescribed by the city. SECTION I0. OTHER FEES AND CHARGES 1. The city shall assess a fee of twenty five dollars ($25.00) for the dishonor of any check tendered to the city in payment of any charges or fees assessed by the city. 2. The City shall assess a fee of twenty dollars ($20.00) for reconnecting a customer to the city water or wastewater system whose service has been cliscounected for non- payment. 3. The city shall assess a fee of ten dollars ($10.00) for turning on the water at the request of the customer between the hours of 5:00 p.m. and 8:00 a.m. weekdays, or at any time on Saturday, Sunday, or any legal holiday. 4. The charges and fees provided in this section shall be in addition to, not in lieu of; any charges, fees, rates or penalties, assessed under other provisions of this section or of the city Code. SECTION 11. NOTICES TO AND FROM THE CITY CUSTOMERS AND OTHER PERSONS 1. Customers shall immediately notify the Utility Billing Department of any alleged billing error. Any customer who alleges a billing error shall be informed that he/she may meet with the Utility Office Manager or his/her designee to present evidence concerning any dispute about the bill which remains unsettled after the initial notification. No termination of services shall occur prior to an opportunity for this meeting. The city retains the fight to terminate services after affording this opportunity to be customer and concluding the amount billed was justly done. 12 2. The customer shall give notice to the City immediately upon the use of any of his/bet water by an employee or contractor of the City who is engaged in work of any character. Such notice shall state the name of the owner of the premises, the address of the premises, and the approximate amount of water used for appropriate credit to the utility bill. 3. The customer shall give ten (10) days written notice to the City when it is desired permanently to discontinue all water, wastewater or refuse collection services to the premises. Notice given under this subsection shall be effective upon receipt by the City to terminate any further accrual of liability by the customer for service included in the notice. 4. Before the commencement of the construction of any sidewalk, driveway, or street in the City, any person engaged in such construction shall give notice to the City at least forty-eight (48) hours prior to the date upon which construction is to begin. This notice shall include the location of and the date of commencement of the construction. In the event that arrangements, as are necessary to protect the water system, shall require more than forty-eight (48) hours to complete, the City shall notify the person(s) affected and shall have authority to restrain the commencement of construction for such period as shall be necessary for the protection of the water system. 5. Before the commencement of any opening, grading, regrading, filling, excavation or any other structural work on any street or alley, any person engaged in such work shall give written notice to the City at least ten days prior to the date upon which construction is to begin. The contents of the notice required by this subsection should be identical to that prescribed in Section 11.4. 6. Failure to furnish the notices to the City required in this section shall subject the person engaged in the ' construction or work described to liability to the City for any damages to the water system proximately caused by such failure. 7. The City shall never be liable for any claims of personal injury, whether resulting in death or not, unless the person injured, or someone in his behalf, or in the event the injury results in death, the person(s) who may have a cause of action under the law by reason of such death/injury, shall file a notice in writing with the City manager within six months after the same has been received, stating specifically in such notice, when, where and how the exact injury occurred, and the full extent thereof; together with the amount of damages claimed or asserted. Nothing in this section shall ever be construed to grant to any person any additional rights not otherwise provided by law. 8. The City shall never be liable for any claims for damages or injury to real or personal property caused by the negligent act or omission of its' officers, servants, or employees, unless the person whose property has been injured or damaged, or someone in his/her behalf, shall file a claim in writing with the City Manager within six months after said damage or injury has occurred, stating thereof, and the amount of damages claimed or 13 asserted. Nothing in this section shall ever be construed to grant to any person any additional rights not otherwise provided by law. 9. The City shall never be liable on account of any damages or injury to persons or to property arising from or occasioned by any defect in any public street, drainage system, sewage.or wastewater treatment plant or the equipment thereof, elevated or ground storage reservoxr, water transmksion main, sewer main or sewer, flushing valve, alley, sidewalk, parkway, grounds or public work of any nature or part thereof of the City unless the specific defect causing the damage or injury shall have been known to the City Manager for a reasonable time prior to the occurrence of the injury or damage, or unless the attention of the City Manager shall have been called thereto by notice thereof in writing at least forty- eight hours prior to the occurrence of the injury or damage and proper diligence has not been exercised to rectify the defect. The notice herein required to be given to the City Manager of the specific defect causing the damage or injury shall apply where the defect arose from any act or omission of the City itself through its' agents, servants or employees or through the acts or omissions of third parties. The notice referred to in this section shall not affect the provisions of,Sections 11.7 and 11.8 but shall be required in addition to any notice otherwise required in such ordinances. Nothing in this section shall ever be construed to grant to any person any additional rights not otherwise provided by law. 10. Neither the City Manager nor any member of the City Council or any other officer or employee of the City shall have authority to waive any of the provisions of Sections 11.7, 11.8 or 11.9, but the same may be waived only by resolution of the City Council made and passed before the expiration of the same six month period provided for therein, which resolution shall be evidence by the minutes of the City Council. Such waiver shall never be made in regard to claims listed in Subsection 19.3 SECTION 12. PROHIBITED ADDITIVES TO COOLING TOWERS OR BOil .i~.RS 1. It shall be unlawful for any person to place or permit the placement of an additive into a water cooling tower or into a boiler, the effluent of which empties or will be emptied into the storm sewer system or the sanitary sewer system, except for discharges for maintenance of a closed system, which additive contains any of the following substances: (a) chromium; (b) any salt of chromium; (c) any compound containing chromium; (d) zinc; (e) any salt of zinc; (f) any compound containing zinc. SECTION 13. PROHIBITED DRAINAGE INTO STORM SEWER OR SURFACE DRAIN SYSTEM 14 1. It shall be unlawful for any person to place or permit to be placed the following substances into a storm sewer system or a surface drain system of the City or to place or permit to be placed such substances in such a manner that such substances will be discharged into a storm system or a surface drain system of the City: (a) any continuous water discharge into the surface drainage system of the City that promotes the breeding of mosquitoes, growth of algae or that softens the ground under curbs, streets, or sidewalks contributing to their displacement or destruction; (b) water from cleaning or maintenance of buses, tracks, or other vehicles, by businesses which operate or clean more than two vehicles, except as provided in Section 13.2 (c) waste water or effluent from animal pens, florist shop, garden shop, greenhouse, plant sales shop or photography processing shop or laboratories; (d) grass clippings, leaves or any other debris; (e) concrete mortar or asphalt base material; (f) machinery crankcase drainings, vehicle en~ne wash, oils, greases or like material; (g) any substance that will damage or clog a storm sewer or surface drainage system of the City. 2. Water from cleaning or maintenance of buses, trucks or other vehicles may be allowed to be placed or discharged into a storm sewer or surface drain system by a business which operates or deans more than two vehicles provided: (a) the City Engineer ascertains that no sanitary sewer is available, (b) the business has installed a sand and grease trap approved by the City Engineer, and (c) the business shall have received written approval of the City Manager. SECTION 14. FIRE HYDRANTS OR FLUSHING VALVES 1. Flushing valves or fire hydrants are provided for the sole purpose or use of the City to flush mains and may be used or opened only by the City or upon written authority of the City. 15 2. Any person authorized to open flushing valves or fire hydrants shah use only an .approved spanner wrench and shall replace the caps on the outlets when the same are not 3. The City may in its' discretion require a deposit in an amount fixed by the City for any use of water from flushing valves or fire hydrants other than by the City. 4. Upon written request by the owner of the premises on which a flushing valve or a fire hydrant is located, and upon approval of such request by the City, a flushing valve or a fire hydrant may be moved, the costs of such a move to be borne solely by the owner of the premises, which costs are to be deposited with the City prior to such a move. SECTION 15. STORAGE TANKS 1. In a case in which City water is used as an auxiliary supply to a roof or suction tank which is supplied also from any other source, such tank shah be of the open type, not of the pressure type, and City water shah in such a case be delivered: (a) above the flow line; and (b) under the control of an automatic valve of a type approved for such use by the City. 2. All storage tanks shah be subject to periodic inspection by the City and shah be m~intained in conformity with the standards and requirements of the State Department of Health. 3. No pump taking suction from the City supply for the purpose of service of storage tanks shah be installed or operated for such purposes, except upon prior issuance of a permit therefore by the City which permit shah specifically approve the size, rate, capacity and valving arrangements of such pumps. SECTION 16. CROSS CONNECTION 1. No cross connection shah be permitted between any system of piping supplied by water from the mains of the City and any other source of supply, public or private, or any secondary source known to be made unsafe for drinking water. SECTION 17. PLUMBERS 1. It shah be unlawful for any person other than a plumber, as defined in this chapter, to connect any water service on the premises or outlet side of any meter or meter 16 2. It shall the duty of any plumber who engages in construction or repair operations on any portion of the water system to report promptly to the City: (a) every instance in which he/she has reason to believe that any person has tampered with, damaged or made unserviceable any meter, meter box, or other equipment belonging to the City; and Co) every instance in which he/she has reason to believe that any unauthorized connections have been made by any person for any purpose. 3. Any communication between the plumber and the City required under this subsection shall be privileged, and no action may lie against any plumber for such communication made in good faith. 4. Whenever any plumber shall use City water in testing pipes or repairing fixtures, he/she shall, before leaving the premises, turn the curb cock to the position in which he/she found it when he/she first opened the meter box. 5. It shall be unlawful for any plumber to leave open for inspection any ditch, trench or other type of excavation on any public right-of-way or public way, unless the excavation is barricaded and lighted in a manner approved by the City. After inspection, the plumber responsible for the excavation shall backfill and securely tamp any such excavation so that the public way shall be safe for vehicular or pedestrian traffic. For the purposes of this subsection a plumber shall in no case be deemed an agent, employee, servant or independent contractor of the City, and failure to comply with the provision of this subsection shall render such plumber primarily liable for any damage or injury to any person or property that results from such noncompliance. 6. Failure of any plumber who does any work under provisions of this chapter to pay promptly all charges and permit fees when rendered by the City shall result in the withholding of any further permits for such work until such fees and charges shall have been paid in full. 7. Only pipes of a size and type prescribed by the City shall be used to connect to the water mains and other equipment of the water department, and the use of any other kind of pipe is expressly prohibited. Violation of this subsection shall be pnnishable as a misdemeanor. SECTION 18. OFFENSES AGAINST THE WATER SYSTEM; PRIMA FACIE EVIDENCE 1. It shall be unlawful for any person within the City to: 17 (a) receive or obtain water from any ground source within the City, including from any wells, other than the City's water system without the express written permission of the City Manager after approval by resolution of the City Council, and (b) receive water from the City otherwise than through a meter, as prescribed and subject to the exceptions in this chapter. 2. It shall be unlawful for any person to convert to his use any water from any flushing valve, fire hydrant or other water connection that is not on his premises, except that such conversion shall be permitted fi: (a) the written consent of the owner or occupant of the prernl,es flushing valve or fire hydrant or of the customer whose water is to be converted is first obtained; or (b) the purpose is to contain or to extinguish a fire or a similar emergency 3. It shall be unlawful for any person to: (a) prevent water from passing through, or to bypass in any manner, any meter used by the City to supply water to a customer; (b) prevent a meter used by the City from registering the quantity of water supplied to a customer; (c) interfere with the proper and accurate registration of a meter used by the City to determine the mount of water supplied to a customer; (d) divert water without proper authorization, by use of any device, from a pipe or pipes used by the City; (e) refuse to surrender upon demand to the City any meter or other equipment in his possession, custody or control; or (0 turn on or use water from the City without an application or permit, properly issued as provided by this chapter for the premises, prior to such turnin~ on or use; (g) place upon or about any valve, manhole, curb cock, stop box, meter, meter box or flushing valve or fire hydrant connected to any water pipe belonging to the City, regardless of location, any object or structure that will prevent free access to the same; 18 (h) deny any authorized employee of the City access to any valve, manhole, curb cock, meter, meter box or flushing valve or fire hydrant connected to any water pipe belonging to the City, whether such denial be by overt act or by creati°n or tolerance of a hazardous condition on the premises; (i) interfere with the performance of any lawful duty of any employee of the City by obstruction of the said employee in the discharge of his/her duties, whether such interference be by threats, gestures or otherwise; (j) injure, deface or destroy unlawfully, wil/fully or maliciously any reservoir, machinery, pipes, flushing valves or hydrants, meters, meter boxes, lids or other equipment belonging to the City; (k) commtmicate any current of electricity to, or to transmit the same along or through, or cause or permit any current of electricity to be communicated to or transmitted along or through any equipment belonging to the City; (1) make or cause or permit to be made any metallic connections, either directly or indirectly, with any equipment belonging to the City whereby any electrical current shall or may be communicated to or transmitted along or through such eqmpment; (m) conduct or carry away any water from any flushing valve or fire hydrant without a written permit from the City; (n) make any cross connection between any system of piping supplied by water from the mains of the City and any other source of supply; (o) maintain storage tanks supplied only with City water, unless the tanks are constructed and maintained in accordance with such regulation as may be issued by the City; (p) build, or cause to be built, any structure in such a manner as to expose any equipment beloD~ng to the City to damage from vehicular or pedestrian traffic on any street, road or alley, whether public or private, tmless a permit for such a structure shall have been obtained first; (q) sell water for domestic or any other use within the City unless a permit for such or use has been first obtained from the City Manager; (r) interconnect private supplies of water, including deep well systems, with the City water system, except as provided in this subsection: 19 (1) correction and maintenance, in a manner satisfactory to the State Department of Health and the City, of all existing sanitary defects in and around the ri p rate supply system; and (2) provision to be made for complete bacteriological analyses by the City of the supply involved, in accordance with the standard methods of water analysis of the American Public Health Association. This requirement means not less than four analyses per month of two standard samples, or more often in the analyses so warrant; and (3) provision by the owner of the private system involved to pay an equitable, pro rata share of the cost of all inspection and testing required herein, the rates to be determined by the City. (s) place or permit to be placed in City water any substance including but not limited to poisons which may reasonably be considered to be injurious to health; (t) tamper, manipulate, alter or otherwise change a meter or any part thereof for any purpose, including specifically, to cause water to be supplied to any person or residence when such meter has been disconnected by the City; (u) turn on or otherwise obtain or use water from the City through a meter after the City has duly disconnected the meter for delinquent payment of water charges. 4. The existence of any device,, pipe or meter connected to any equipment belonging to the City for the purpose of furthering any of the unlawful objects stated in Section 18.1 through 18.3 of this chapter shall constitute prima facie evidence of knowledge of the particular violation charged. 5. Any person who violates Section 18.1 through 18.3 of this chapter shall be guilty of a misdemeanor and shall be liable for a fine of not more than one thousand dollars ($1,000.00) per each violation thereof. The City shall also have power to enforce this chapter through civil actions in the courts, as provided by State Law. Services may be discontinued to any customer who violates Section 18.1 through 18.3. SECrION 19. SEVERABILITY If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 20 SECTION 20. EFFECTIVE DATE That this ordinance shall take effect immediately from and after its passage and it is so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 7th day of Fcbrua~1994. William W. Manning, Mayor ~, ATFEST: City Secreta~ APPROVED AS TO FORM: 21