Hawk Cove:Ord 05-105

ORDINANCE NO. 05-105

AN ORDINANCE OF THE CITY OF HAWK COVE ADOPTING AN ORDINANCE RELATING TO MANDATORY SEWER USE; ESTABLISHING PROCEDURES RELATING TO WASTEWATER SERVICE AND DISCONTINUATION OF SERVICE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Hawk Cove, became a Type a General Law Municipality, pursuant to Section 6.011 of the Texas Local Government Code, and City ordinance adopted April 13, 2000: and

WHEREAS, the city has been awarded a grant and a long-term loan to provide for a wastewater system to the citizens of Hawk Cove from the United States Department of Agriculture ("USDA"); and

WHEREAS, the USDA requires the City of Hawk Cove adopt a mandatory wastewater service policy in order to comply with loan terms; and

WHEREAS, the City Council of the City of Hawk Cove desires to adopt a mandatory wastewater policy in order to comply with the terms of the loan.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS.

SECTION 1

Incorporation of Recitals.

The above recitals are hereby found to true and correct and incorporated herein for all purposes.

SECTION 2

"WASTEWATER SERVICE"

Sec. 1.00 CITY UTILITY SERVICE MANDATORY

All owners or occupants of buildings, or agents for the owners, situated in any section of the city's corporate limits or extra territorial jurisdiction (ETJ), the owners or occupants of which require wastewater services for their ordinary and customary use, where wastewater services for the city now exist, or where they may hereafter exist, and where the property line of the land on which any such building is situated approaches or extends to within two hundred (200) feet of any such waterline, such that water services may be reasonable provided there from, shall connect to the said wastewater line. Connections will be made under the supervision of the Utilities Department of the city and the plumbing inspector, in exact accord with the state law and other applicable rules and regulations governing plumbers. It shall be the duty of all such property owners to keep and maintain such connections thereof in perfect condition and free from any obstruction.

It shall be the duty of the Utilities Department of the city to notify the owner or occupant of every building so situated to make mandatory connections with the city wastewater services and any such owner or occupant of any building so situated, who shall fail to make a connection with the city wastewater service within ninety (90) days after receipt of such notice, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to punishment and each day that shall expire after the expiration of such ninety (90) days' notice given by the Utilities Department, before such connections, as herein provided for, shall be arranged and connected with the city's wastewater service, shall be deemed a separate offense, and shall be likewise punished.

Sec. 1.02 CHARGES PRESCRIBED.

(A) There are established rates or charges for the use and service of the sewer system of the city. The rates or charges shall be on file in the City Secretary's office.

(B) A minimum fee which is on file in the City Secretary's office shall be paid per month for commercial service, with adjustments in the charge as determined by the Superintendent of Public Works.

Sec. 1.03 FROM WHO COLLECTED.

The charges established by this subchapter shall be collected from the owners, occupants or users of the premises to which sewer service is supplied.

Sec. 1.04 WHEN DEEMED DELINQUENT.

If the charges for sewer service are not paid within 30 days after rendition of the bill for service, the unpaid charges shall be deemed and are declared to be delinquent.

Sec. 1.05 DISCONTINUING SERVICE FOR FAILURE TO PAY BILL.

Sewerage or water service, or both may be discontinued by the city, if the charges for sewerage service are not paid within 30 days after rendition of the bill therefore.

Sec. 1.06 RIGHT OF ENTRY OF CITY EMPLOYEES.

The Utilities Department and other duly authorized employees of the city acting as its duly authorized agents and bearing proper credentials and identifications shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.

Sec. 1.07 ENFORCEMENT.

(A) Authority to enforce.

The Utilities Department shall have the power to enforce the provisions of this chapter.

(B) Administrative search warrants.

The Municipal Court shall have the power to issue to the Public Works Department administrative search warrants, or other process allowed by law, where necessary to aid in enforcing this chapter.

Sec. 1.08 PENALTY.

Any person violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine not to exceed the sum of $1,000.00 for each offense, and each and every day such violation shall continue be deemed to constitute a separate offense. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this ordinance.

SECTION 3

If any section, article, paragraph, sentence, clause, phrase of word in this ordinance or application thereto any person 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 portion shall remain in full force and effect.

SECTION 4

The fact the present ordinances and regulations of the City of Hawk Cove, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Hawk Cove, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public that requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 18th DAY OF AUGUST 2005.

ORDINANCE NO. 05-105 ADDENDUM

AN ORDINANCE OF THE CITY OF HAWK COVE ADOPTING AN ORDINANCE RELATING TO MANDATORY SEWER USE; ESTABLISHING PROCEDURES RELATING TO WASTEWATER SERVICE AND DISCONTINUATION OF SERVICE; PROVIDING А PENALTY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.

REASSIGN SECTION 2, Sec. 1.08 PENALTY. to Sec. 1.09

ADD THE FOLLOWING TO SECTION 2, AND ASSIGN IT TO Sec. 1.08

Sec. 1.08 PROHIBITING THE DISCHARGING OF HARMFUL SUBSTANCES IN COLLECTIVE SEWER SYSTEM.

It is hereby established that any person caught discharging harmful substances into the collective sewer system shall be deemed guilty, and shall be punished under the penalty Section 2, Sec. 1.09, and the fullest extent of the law.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF SEPTEMBER 2010.