Under the terms of V.T.C.A., Utilities Code, chapter 33, the
city surrenders original jurisdiction to regulate electrical utility
rates within the municipal limits of the city to the public utility
commission of the state as provided by the laws of the state.
(Ordinance 84/1106A adopted 11/6/84)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The wastewater system owned, maintained and operated by or
on behalf of the City of Ingram in order to furnish sanitary disposal
services, including but not limited to its waste treatment facilities,
including pipelines, conduits, pumping stations, force mains, and
all other construction, devices, and appurtenant appliances used to
transport waste, as such system may now be constituted or as it may
be hereafter improved, enlarged, or extended by construction, reconstruction,
acquisition, annexation, or otherwise.
A staff member of the City of Ingram who has been appointed
by the Ingram city council or city administrator to manage particular
aspect(s) of the city’s wastewater system.
The water entering a wastewater system and service connections
from the ground, through such means as, but not limited to, defective
pipes, pipe joints, connections, or manhole walls. Infiltration does
not include, and is distinguished from, inflow and wastewater flow.
The water discharged into a wastewater system from such sources
as, but not limited to, roof leaders, cellar or yard and area drains,
foundation drains, cooling water discharges, drains from springs and
swampy areas, manhole covers, cross-connections from stormwaters,
surface runoff, street wash waters, or drainage. Inflow does not include,
and is distinguished from, infiltration and wastewater flow.
Classes of retail wastewater customers within the Ingram
wastewater service area having similar flow and wastewater characteristics
contracting with Ingram for centralized wastewater service. Ingram
customer classes shall be identified as:
Residential (one- and two-unit permanent family residences).
Multifamily residential (three or more permanent family residences
in one building or a complex of buildings under one ownership, such
as apartments).
Transient residential (multifamily residential with no fixed
contracts and from which occupants can “check out” whenever
they wish, such as extended-stay hotels).
Nonresidential (all other customers other than the above-described
categories of residential customers.
The geographic region(s) or location(s) within Kerr County,
Texas, specifically identified on the map attached to Ordinance 2013-5
as exhibit B and incorporated herein for all purposes by reference.
Any user that does not fit within the definitions provided
for residential or nonresidential user, or for some reason of physical
location or other restraint a user that it would not be practical
or equitable to connect or bill for wastewater service using any of
the procedures or formulae contemplated by the standard provisions
of this article.
Persons, individuals, firms, partnerships, companies, corporations,
and governmental entities, whether one or more or any combination
of one or more thereof.
An initial nonrecurring fee to the customer established by
the Ingram city council, and amended from time to time, for the purpose
of recovering specific costs associated with extending the city’s
wastewater collection system.
The fee to the customer established by the Ingram city council
to allow access to the collection line.
The joining of an individual retail wastewater customer’s
private service lateral to the city wastewater system. The point of
connection between the city’s main and the individual retail
wastewater customer’s service lateral constitutes the demarcation
between the customer’s and the city’s ownership and responsibility,
as shown in exhibit A to Ordinance 2013-5, which is attached hereto
and incorporated herein for all purposes by reference.
The wastewater delivered into a wastewater system from wastewater
connections to residential and nonresidential units. Wastewater flow
does not include, and is distinguished from, infiltration and inflow.
The dollar amount charged by the City of Ingram to individual
retail wastewater customers within the City of Ingram’s wastewater
service area for the collection, transportation, treatment, and/or
disposal from the Ingram wastewater system to the City of Kerrville
system.
A pre-constructed connection to the collection line.
(Ordinance 2013-5, sec. 2(01), adopted 9/3/13)
Any user discharging waste from any property or premises into
the wastewater system of the city that has a private source of water
supply will be required to install a water meter of the type and standard
approved by the city for the purpose of measuring the amount of water
taken into such facility. Such meter shall be installed in a location
approved by the city and accessible to employees of the city at all
times during regular business hours. The water consumption reflected
by such water meter shall be the basis for determination of the wastewater
service fee provided for in this article, unless another basis for
determination of the wastewater rate for that customer has been established
and approved by the designated city official and approved by the city
council.
(Ordinance 2013-5, sec. 2(02), adopted 9/3/13)
(a)
Any person discharging wastewater into the city wastewater system,
except a single-family residential user, who takes water for the manufacture
of a product or as cooling water, such that water provided to his
facilities is not discharged into the city wastewater system, may
provide an engineering study to document this situation. This study
must be completed by a registered professional engineer and contain
a drawing illustrating the water and wastewater plumbing systems of
the premises where such a situation exists.
(b)
When the city official has, as a result of a properly documented
engineering study made under the provisions of this section, determined
that a portion of the water passing through the water meter(s) is
not being discharged into the city wastewater system, future billings
for wastewater service shall be adjusted to charge that customer only
for the amount of metered water being discharged into the city’s
wastewater system.
(c)
Any future changes to the water and wastewater systems covered by
the engineering study will require prior notification and approval
by the city before such changes are implemented.
(Ordinance 2013-5, sec. 2(03), adopted 9/3/13)
Where a wastewater system user maintains more than one source
of water supply, and only one source produces wastewater flow discharging
into the wastewater system of the city, the wastewater service fee
shall be determined by metering only that source of water supply.
Failure of the owner or operator to install the necessary approved
meter will constitute an agreement and consent by such owner or operator
that the city’s calculation of the total water usage, irrespective
of actual discharge, will be the basis upon which the wastewater fee
will be based.
(Ordinance 2013-5, sec. 2(04), adopted 9/3/13)
(a)
Construction cost.
Developer.
Main.
Non-revenue-producing water main.
Off-site main.
Permittee.
Public easement.
Subdivision.
Utility construction permit or permits.
Definitions.
As used in this section, the following
terms shall have the meanings ascribed to them below, unless the context
of their usage clearly indicates another meaning:
The full cost for materials and labor for construction of
mains and/or service lines, excluding the cost for surveys, easements
and engineering and inspection services.
The owner or agent of the owner developing lots or tracts
of property for further sale, lease, development or redevelopment
for residential or nonresidential use.
Unless otherwise designated, means a principal pipe in a
system of pipes for conveying water/wastewater.
A water main supplying fire sprinkling systems and other
water services for which the city receives no water revenue.
A water or wastewater main lying outside the tract of land
that is being developed or redeveloped.
A person granted a permit to construct a main pursuant to
this article, or, where applicable, an individual property owner requesting
permission to make a single connection to the city wastewater system.
An easement or right-of-way dedicated to the city or to the
public, either by a recorded plat or recorded instrument of conveyance,
or acquired by condemnation, within which a main may be constructed,
maintained, and operated.
A tract or parcel of land subdivided into lots or tracts
by a subdivision or development plat and to be sold or leased for
residential or nonresidential purposes.
A permit issued pursuant to this section allowing the developer
to construct a main.
(b)
Developer construction in general.
All mains dedicated
to the city for public use must be constructed under either a developer
contract or a utility construction permit as provided in this section.
As a condition for acceptance by the city, a main must be constructed
in accordance with the following requirements:
(1)
The developer must obtain water or wastewater capacity sufficient
to serve its development.
(2)
An engineer registered and licensed in the state must design the
main. The design must conform to the design standards promulgated
by the city. All mains must be constructed in public easements, and
the minimum diameter size for off-site mains shall be eight inches
(8"), unless otherwise permitted by the city. Plans and profiles shall
be approved by the city prior to commencement of construction.
(3)
The developer must obtain all required subdivision or development
plat approvals required under this section.
(4)
Construction of mains estimated by the city to cost more than $25,000.00
must be guaranteed by payment and performance bonds in the form approved
by the city. Bonds must be in the amount of the construction contract,
and the city shall be an obligee for the performance bonds. The performance
bond must guarantee materials and workmanship, including surface restoration,
for a period of one year after the acceptance by the city.
(5)
The developer must provide the city with original record drawings
in the form prescribed by the city.
(6)
The city must inspect and approve the construction during construction
and when completed.
(c)
Construction by developers and individuals under permit.
(1)
In the event there are not sufficient funds allocated or materials
available for execution of a developer contract, or the developer
chooses not to execute a developer contract, the developer may proceed
to construct the main under a permit issued by the city.
(2)
The city shall promulgate a permit application form. The permit application
shall include the following items:
(A)
The name and address of the permittee;
(B)
The location of the main or service line;
(C)
A copy of any approved subdivision development plan showing the proposed
development;
(D)
Evidence that the permittee has obtained sufficient water and wastewater
capacity for its development;
(E)
Evidence of ownership of the proposed development;
(F)
An original copy of the plans and specifications prepared by an engineer
registered in the state (if not already approved when the subdivision
or development plat was approved by the city); and
(G)
Any additional information as may be required by the city to determine
compliance under this section.
(3)
Upon submittal of a complete application (including plans and specifications
already approved by the city), valid performance and payment bonds
as required under this section, and evidence that the permittee has
obtained required water and wastewater capacity for the development,
the city shall grant the permit.
(d)
Requirements for construction under permit.
A developer
constructing a main under a utility construction permit must comply
with each requirement described in this section, including the furnishing
of performance and payment bonds executed by the contractor and its
surety in the full amount of the construction contract.
(e)
Management and control.
All mains constructed under
a permit shall, upon acceptance by the city, be managed, controlled,
and regulated by the city, and connections therewith shall be governed
and regulated in the same manner as connections with any city utility
lines. It is distinctly understood that such mains shall be placed
so as not to interfere with the construction in the streets of the
city of any other underground pipes, ducts, conduits or other structures
laid on the part of the city, and the city shall have the right to
take the same up or disconnect or destroy or abandon the same when
in the best interests of the city in the discretion of the city, and
the city shall be in no way responsible for any cost or damage on
account thereof. The city shall have the right to lay any main down
the streets where permittee-constructed mains run even though it may
render such main(s) useless, without being in any manner required
to compensate the permittee. It is intended by these provisions merely
to furnish to the permittee a means of reimbursing himself from other
private persons similarly situated under the rules and regulations
that may be established by the city council, and not in any manner
to obligate the city to pay or cause to be paid any sum of money on
account thereof or to vest in any persons constructing such mains
any right against the city or public use.
(Ordinance 2013-5, sec. 2(05), adopted 9/3/13)
(a)
Utilization of the city wastewater system is essential for the health
and welfare of the city and residents. It is therefore mandatory that
any residence or nonresidential facility that discharges waste shall
be connected to the system when such is made available to such property.
The wastewater system shall be deemed to be available to any property
where the closest property line is located within two hundred feet
(200') of a wastewater system lateral or main, unless such property
is outside the designated service area of the system as determined
by the city and designated on a wastewater system map on file with
the city secretary.
(b)
In some instances property may be within the prescribed two hundred
feet (200') and not be within the designated area. Such property owners
may make application to the city for a permit for service. If, in
the opinion of the designated city official, such connection will
require an engineering study to determine the feasibility and cost
for providing such service, the customer shall be required to obtain
and pay for such study, in addition to the application and other applicable
fees. If the connection is determined to be feasible by the designated
city official after review of the engineering study and other applicable
information, such connection may be made; provided, however, that
the property owner shall be responsible for payment of all costs related
to the engineering and construction of any service line necessary
for connection to the existing wastewater system prior to such connection
being made. Connections outside of the designated service area will
be made in the sole discretion of the city.
(c)
For any existing wastewater-producing facility (residential or nonresidential) not previously connected to the wastewater system, the owner shall file a completed application for wastewater service connection and pay the applicable fees within 90 days of receiving written notice that such service has become available. Each applicant shall complete a wastewater connection within 90 days after the application for service has been filed with the city. For properties with existing connections, application for service must be made within 30 days of receiving notice from the city that service is required, as set out in section 13.02.022.
(d)
Any party requiring additional time within which to complete the
application or connection to the city’s wastewater system may
file a written request with the city secretary for an extension of
this timeline, setting out with particularity the particular reasons
for the requested extension. Such application for additional time
shall be filed within 10 calendar days of the applicant receiving
notice from the city that the applicant is in violation of the ordinance’s
timeline. Such application for additional time shall be placed on
the next city council agenda, and the council may, for good cause
shown, extend the time for full connection for up to an additional
90 days.
(e)
Wastewater system customers shall be required to post a deposit with
the city for each connection as set out in the rate schedule as adopted
by the city council and amended from time to time. Such deposit is
solely to secure payment of charges made for wastewater system service.
From time to time, and based on review of the amount of water usage
or other measure of wastewater system usage by the customer, such
required deposit may be increased for a customer when, in the opinion
of the designated city official, it should be increased in order to
protect the city for payment of charges made pursuant to this article.
Customers shall be notified upon making application for wastewater
service that a credit reference letter from another utility company
showing the customer’s prompt payment of utility bills for the
preceding twelve (12) months’ service may be accepted in lieu
of the required deposit. Upon termination of wastewater service to
a customer, the city shall apply any of the deposit on hand to any
unpaid charges of the customer, and the excess, if any, shall be returned
to the customer. In the event that the deposit is insufficient to
cover the final amount due from customer, the city retains all available
remedies, civil and criminal, for collection of such remaining amount
due.
(f)
Deposits for wastewater service shall be held by the city for twelve
(12) months from the initial date that service is provided to a property.
Upon expiration of this period, if there have been no late payments
or failures to pay the amount invoiced, such deposit shall be refunded
to the customer or applied to their account. If there are subsequent
late payments or failures to pay, the city may, in the discretion
of the designated official, require the customer to pay a new deposit.
(Ordinance 2013-5, sec. 2(06), adopted 9/3/13)
The city shall have the right to enter at any reasonable hour
any property receiving water and/or wastewater service from the city
for any purpose relating to the provision of such service.
(Ordinance 2013-5, sec. 2(07), adopted 9/3/13)
No person except a duly authorized employee or representative
of the city shall connect or disconnect a customer’s connection
with a wastewater main, or damage, destroy, alter, or otherwise disturb
any component or part of the wastewater system owned by the city.
(Ordinance 2013-5, sec. 2(08) adopted 9/3/13)
The city shall have the right to discontinue water or wastewater
service and apply any of the customer’s service guarantee or
deposit to payment of amounts owed the city for the nonpayment of
any part of any bill, for the violation of any part of the city’s
plumbing code, for using a service without applying for and signing
the proper contract, or for the violation of any provisions of this
article or any lawful rule of the city.
(Ordinance 2013-5, sec. 2(09), adopted 9/3/13)
The rates and charges fixed and prescribed in this article shall
be paid by users of the city’s wastewater system upon receipt
of a bill.
(Ordinance 2013-5, sec. 2(10), adopted 9/3/13)
Any user or customer of the system who does not pay the amount
due before the date that a penalty is due to be assessed shall be
charged a penalty in the amount of ten percent of the current amount
of such bill. Any citizen whose sole income is received on a once-a-month
basis may make written application to the city for an exemption from
the penalty. No penalty will be charged for late payments on such
exempted accounts unless they are more than 30 days past due. If an
exempted account should become delinquent to the point of termination
of service twice in any 12-month period, such exemption will be discontinued.
(Ordinance 2013-5, sec. 2(11), adopted 9/3/13)
If any customer does not pay any bill in arrears and all other
rates and charges due and payable within 25 days of the date of the
bill, the city shall cause the customer’s water service to be
disconnected. Whenever the amount past due and delinquency has been
paid by such user or customer, such service may be resumed, but there
shall be a reconnection charge payable to the city in advance of such
reconnection. The reconnection charge for water service shall be not
less than the actual cost to the city for disconnecting and reconnecting
water and/or sewer service. If more than one trip is necessary then
an additional charge of such reconnection fee shall be made for each
trip.
(Ordinance 2013-5, sec. 2(12), adopted 9/3/13)
(a)
Credit reference letter.
Prior to commencement of service,
the prospective customer shall provide a credit reference letter from
a prior utility company stating that their bills for at least the
preceding 12 months were paid in full and on time. If such a letter
cannot be provided, the prospective customer shall make a deposit
as provided in the city’s current adopted fee schedule.
(b)
Nonresidential customers with satisfactory credit history.
If the owner of owners of a nonresidential account have already
established a satisfactory credit history with the city and the ownership
is exactly the same, the deposit may be waived by the designated city
official.
(Ordinance 2013-5, sec. 2(13), adopted 9/3/13)
Any person who becomes delinquent in payment of a wastewater
service charge, whose service deposit is not entirely consumed by
delinquent bills, shall forfeit the balance of such deposit, if any,
and such unconsumed balance shall be applied to such delinquent wastewater
charge.
(Ordinance 2013-5, sec. 2(14), adopted 9/3/13)
All customers shall be required to pay the rates established
by the city council, and no reduced rates or free wastewater service
shall be provided to any such person, property or premises.
(Ordinance 2013-5, sec. 2(15), adopted 9/3/13)
Every consumer and user of the municipal wastewater system shall
pay to the city a monthly charge for the use of the system, which
is calculated as follows:
(1)
Basic rate components.
(B)
A monthly wastewater service fee for each user shall be paid with
respect to each connection to the wastewater system, regardless of
the classification of the user and regardless of whether or not the
user’s water supply is metered.
(C)
The city council may change fees and rates from time to time.
(D)
The monthly wastewater service fee for multifamily residential buildings
such as apartments with a single water meter shall be charged at the
rate of 75% of the established monthly wastewater service fee for
all residences served by the single meter. The 25% discount represents
a vacancy allowance. (Example: To calculate the monthly fee for a
20-unit apartment building with one water meter, multiply the established
fee for one residential unit times 20, then multiply that amount times
75%.)
(2)
Right to audit billings for users where water usage is not metered.
Where water usage is not metered, the city reserves the right
to audit water service billings in the event of any request for a
change in wastewater use rates or in the event of any dispute concerning
wastewater use charges.
(Ordinance 2013-5, sec. 2(16), adopted 9/3/13)
The city council hereby confirms its wastewater system access
fee ($3,800.00) and tap fee ($1,200.00) required for connection of
nonresidential properties to the city’s wastewater system, previously
established by unanimous council vote on October 2, 2012.
(Ordinance 2019-4 adopted 7/–/19)
(a)
The city council hereby authorizes the establishment of a payment
plan for the total required fee of $5,000.00 for connecting a nonresidential
building to the wastewater system.
(b)
The attached application to Ordinance 2019-4 is hereby adopted by
the city council for use in requesting a payment plan. Any resident
of the city seeking to request modification of the payment plan set
out in the attached application must request that the modification
be placed on an upcoming agenda, at which time the applicant can come
before council to explain the applicant’s justification for
the modification. Upon a showing of good cause, the council may amend
the payment plan as it finds appropriate, including but not limited
to placing some or all of the required initial tap fee on the payment
plan, or changing or reducing the required monthly payment.
(Ordinance 2019-4 adopted 7/–/19)
(a)
Responsibility for single-line connections.
Title to
all wastewater plumbing from private property to the city service
tap belongs to the property owner utilizing the city wastewater system
service connection (see exhibit A attached to Ordinance 2013-5). All
wastewater plumbing shall be maintained by the owner in intact, proper
working condition. Failure to maintain such plumbing shall constitute
a violation of this article subject to penalties provided herein.
(b)
Responsibility for multi-line connections.
In certain
locations there may be a service line on personal property which was
installed for the purpose of providing service to more than one residential
unit. Such multi-connection service line will connect the personal
residential line to the wastewater main of the city. Additional lines
from the city’s multi-connection line to the individual residential
connections shall be maintained by the owner of the property.
(Ordinance 2013-5, sec. 2(19), adopted 9/3/13)
(a)
In addition to all other remedies provided for in this article or other ordinances of the city, or provided for by state law, the city shall disconnect unpermitted connections to the city mains, or may otherwise terminate utility services as provided for elsewhere in this article or other city ordinances or by state law. The penalty for violations of this article not otherwise specified herein shall be a fine in accordance with the general penalty provided in section 1.01.009 of this code; provided, however, that no penalty shall be greater or less than that provided for the same or a similar offense under state law. Each day that a violation occurs or is allowed to continue constitutes a separate offense.
(b)
Failure of any person, after receiving proper notification, to make timely application and/or payment for wastewater connection, or failure to complete a required wastewater connection, shall constitute a violation of this article and shall subject that person to the penalties set out in subsection (a) above. This sanction is in addition to, and not in lieu of, other penalties or sanctions that may be available pursuant to other city ordinances, state law, or federal law.
(c)
The suspension, revocation, cancellation, or denial of any license,
permit or certificate by the city shall not prohibit or prevent the
imposition of any civil or criminal penalty. The imposition of any
civil or criminal penalty shall not prevent the suspension, revocation,
cancellation, or denial of any license, permit or certificate issued
by the city.
(d)
The prohibition of any act in this article, or any rule or regulation
adopted hereunder, shall include the causing, securing, aiding, or
abetting of another person to do such act.
(Ordinance 2013-5, sec. 2(20), adopted 9/3/13; Ordinance adopting Code)
The Rules of Kerr County, Texas, for Private Sewage Facilities,
a copy of which shall be on file in the office of the city secretary,
as they are now in effect and as they may hereafter be amended from
time to time, are hereby adopted by the city and incorporated in this
section by reference as if set out at length in this section, subject
to the changes hereafter set forth to be in effect in the city, which
changes shall also be on file in the office of the city secretary.
(Ordinance 2013-5, sec. 2(21), adopted 9/3/13)
(a)
Generally; payment of fees and deposit; customer service agreement.
(1)
Any person required to be connected to the city’s wastewater system as provided in section 13.02.006 shall file an application for a customer service agreement with the city or the designated city official on a form to be provided by the city. Such application shall be filed within thirty (30) days from the date that notice is given by the city that service is available to the person’s property.
(2)
All affected property owners shall file an application for service
prior to the beginning of new construction, remodeling, relocation,
or other alteration of a structure required to be connected to the
wastewater system, if said structure is not already connected and
receiving service. Applications shall be accompanied by the required
deposit, tap fee and system access fee, as established and published
from time to time by the city. A property owner’s failure to
make timely application for a connection may be deemed a violation
of this article.
(3)
Applicants for wastewater service shall complete and file with the
city or the designated city official a customer service agreement
(contract for wastewater service) on a form to be provided by the
city. This agreement will be considered effective when the application
has been completed and filed with the city, all required fees have
been paid, and the application has been approved by staff. Wastewater
service will not be provided until the application is complete and
approved.
(b)
Responsibility for fees for multiple living units.
Where
the city does not supply the source of water for all multiple living
unit connections at a property, the owner of the premises will be
responsible for the wastewater system fee, unless the owner provides
individual water meters for each unit.
(c)
No deductions for vacancies in apartments or duplex residences; removal
of apartment or duplex unit from service.
No deductions
will be made for vacancies in the application of wastewater system
service fees to apartment or duplex residences. Such units removed
from service for reasons of remodeling or abandonment may be relieved
from payment of wastewater system charges if requested in writing
and sworn to by the owner. False statement(s) on such form may be
prosecuted as a violation of this article and/or as perjury under
state law.
(Ordinance 2013-5, sec. 2(23), adopted 9/3/13)
When, in the opinion of the designated city official, a user
or applicant for new connection to the wastewater system does not
clearly fit in a previously established category for use, or if application
of the established connection or use fees to the user or applicant
for new service would be inequitable, the designated city official
may, upon written and verified application by the user, make adjustments
to the method of calculating connection or user fees.
(Ordinance 2013-5, sec. 2(24), adopted 9/3/13)
(a)
Generally.
(1)
Billing for wastewater system service fees shall be made to wastewater
system customers of the city on a monthly basis.
(2)
All wastewater system users’ bills shall be payable in full on or before fifteen (15) days after the date of the bill to the customer, unless said customer chooses to contest the bill, in which case the customer must follow the procedures prescribed below in subsection (b) of this section.
(3)
If a bill is not paid in full on or before fifteen (15) days after
the date of the bill, a penalty of ten percent (10%) of the bill shall
be added to the amount due as a fee for late payment.
(4)
If any customer shall refuse or neglect to pay fees when due for
wastewater service furnished by the city, such customer shall be sent
written notice of delinquency. If such account continues to be unpaid
for 25 days from the date of the bill, service shall be terminated.
(5)
Notwithstanding the provisions for late payment penalties, late fees
shall not apply to state or federal governmental entities or the city,
unless provided otherwise by contract.
(6)
For billing purposes, the occupant of all rental property, residential
and nonresidential, shall be the responsible party for payment of
all wastewater fees. A non-occupant owner may, at the owner’s
discretion, establish a wastewater account for rental property if
the owner requests the same in writing, but there shall be no more
than one wastewater account registered for each connection.
(b)
Adjustment of bills.
In the event that a customer disputes
a bill, and in the opinion of the designated city official an adjustment
to the bill is appropriate, a customer may make a request to the designated
city official for adjustment of a bill or rate or method of rate calculation.
The application for rate/bill adjustment shall be reviewed by the
designated city official within five (5) working days of receipt of
the application. After review, the designated city official shall
make adjustments as he finds appropriate.
(c)
Continued use of wastewater system after failure to pay charges.
Any person failing or refusing to pay the charges provided for
in this article, or failing or refusing to deposit the required sum
in the event of a dispute as to the amount of such charges, in the
time and manner required, and who continues to discharge waste from
his property into the city’s wastewater system, shall be guilty
of a violation of this article. Any conviction of a person for violating
this article shall not be a bar to the city’s use of any or
all applicable other civil or criminal remedies available to it for
seeking compliance with this article, including but not limited to
institution of a suit for the collection of delinquent charges, an
injunction to enjoin such person from continuing to discharge waste
into the wastewater system without complying with the provisions of
this article, or a suit for damages.
(d)
Furnishing false information.
It is a violation of this
article to knowingly furnish the city with false or fraudulent information,
or to intentionally or knowingly omit information that, if known by
city representatives, would significantly change the city’s
decision-making in any matter related to implementation or use of
this article.
(e)
Lien for delinquent charges.
The city is authorized
by this article, pursuant to Tex Local Government Code sections 51.001,
51.012, 552.001 and 552.0025, to impose liens on property for the
purpose of securing payment of delinquent charges incurred by property
owners as a result of providing water and wastewater service to such
property. This remedy is in addition to, and not in lieu of, other
available civil and criminal remedies.
(f)
Termination of water service for nonpayment of wastewater bill.
Pursuant to 30 TAC section 291.88(e), as amended, the water
company providing water service to a wastewater customer’s location
will terminate water service to the location upon notice from the
city that the customer’s wastewater bill payment is delinquent
and undisputed.
(Ordinance 2013-5, sec. 2(25), adopted 9/3/13)
(a)
The provisions of this article are intended to operate in accordance
with and pursuant to the interlocal agreement (exhibit C attached
to Ordinance 2013-5) between the City of Ingram and the City of Kerrville,
executed on October 25, 2005, for the purpose of allowing the City
of Ingram to deliver its wastewater to the City of Kerrville’s
wastewater system for acceptance, treatment and disposal by the City
of Kerrville. All provisions of this article should be interpreted,
if such interpretation appears reasonable in the opinion of the designated
city official, in a manner consistent with the provisions of this
interlocal agreement, including any amendments to or extensions of
such agreement.
(b)
This article shall be interpreted to incorporate all City of Kerrville
requirements related to wastewater service, and shall require compliance
with those requirements, where such Kerrville requirements are not
in conflict with City of Ingram ordinances and requirements.
(Ordinance 2013-5, sec. 2(26), adopted 9/3/13)
(a)
Sewer rates.
Rates shall be established from time to
time by the city council and maintained in the offices of the city
(b)
Deposits.
(1)
Deposit amounts shall be established from time to time by the city
council and maintained in the offices of the city.
(2)
Deposits refunded after 12 continuous months without any past due
payments.
(3)
A credit reference letter may be accepted in lieu of a deposit from
another public utility showing prompt payment of that utility’s
invoices for the preceding 12 months.
(c)
Fees.
(1)
New account fee: Shall be established from time to time by the city
council and maintained in the offices of the city for each account,
regardless of length of service history.
(2)
Returned check fee: Shall be established from time to time by the
city council and maintained in the offices of the city. If there have
been two returned checks or other disallowed items for an account
during the preceding twelve (12) months, only cash, money orders,
or a credit card will be accepted in payment of the invoice.
(3)
Disconnect/reconnect fee: Shall be established from time to time
by the city council and maintained in the offices of the city
(4)
Accounts having been disconnected for failure to pay will be deemed
to have abandoned any credit reference letter, and will be required
to pay a full deposit prior to reconnection.
(d)
Terms of service.
(1)
Bills are due and payable upon receipt. Any use or customer of the
system who does not pay the amount due within 15 days of the date
of the bill shall be charged a penalty in the amount of ten percent
(10%) of the current amount of such bill.
(2)
If the customer does not pay any bill plus late charges and any other
accumulated fees and/or charges due and payable before the 26th day
after the date of the bill, service will be disconnected. Service
may be restored after payment in full of all amounts due, plus a new
reconnection fee. All required payments must be made prior to reconnection
of the wastewater service.
(Ordinance 2012-9 adopted 11/6/12; Ordinance adopting Code)
The installation, operation, and maintenance of grease traps
must comply with the following regulations:
(1)
When required.
A food service establishment which generates
grease or oil based products shall install a grease trap in accordance
with city-approved design specification when:
(A)
The food service establishment is initially constructed or permitted;
(B)
There is a change in ownership or in occupancy of the food service
establishment;
(C)
There is a reconstruction of the premises;
(D)
A violation of chapter 110, article IV of the city of Kerrville Code of Ordinances as incorporated by section 13.02.025; or
(E)
The food service establishment has been determined by a code enforcement/health officer to have no grease trap or to have a grease trap which is insufficiently sized such that it is reasonable to expect that the food service establishment will discharge wastes into the wastewater system in violation of chapter 110, article IV of the City of Kerrville Code of Ordinances as incorporated by section 13.02.025.
(2)
Owner liable.
The owner of the food service establishment
is at all times responsible for the proper operation, cleaning, and
maintenance of the grease trap connected to the wastewater system.
(3)
Inspection by code enforcement/health officer.
When
conducting inspections of a food service establishment, the code enforcement/health
officer shall conduct the following additional inspections:
(A)
A visual inspection of any grease trap installed at the location
to determine that the trap is being properly maintained and cleaned;
(B)
A review of the manifest of a liquid waste transporter to determine the adequacy of cleaning of such traps in accordance with chapter 110 of the City of Kerrville Code of Ordinances as incorporated by section 13.02.025;
(C)
A visual inspection of the food service establishment and the surrounding premises to determine the reasonable likelihood that the operation of the food service establishment will discharge wastes into the wastewater system in violation of chapter 110, article IV of the City of Kerrville Code of Ordinances as incorporated by section 13.02.025, if a sufficiently sized grease trap is not installed.
(4)
Maintenance of manifests.
The owner of a food service establishment must keep and maintain on the premises of the food service establishment for a period of five years after issuance, a copy of each manifest issued by a liquid waste transporter for removal of waste from the grease trap of the food service establishment in accordance with chapter 110 of the City of Kerrville Code of Ordinances as incorporated by section 13.02.025.
(Ordinance 2021-6 adopted 8/3/21)
