TITLE V: PUBLIC WORKS
		Chapter
			50.	GARBAGE AND WASTE
			51.	WATER AND SEWER SERVICE
			52.	DROUGHT CONTINGENCY PLAN
CHAPTER 50: GARBAGE AND WASTE
Section
General Provisions
	50.01	Definitions
	50.02	Administration
	50.03	Inspection
	50.04	Water services and garbage services shall be considered as one
Regulations
	50.15	Accumulation of garbage, brush and industrial waste
	50.16	Persons required to keep garbage containers
	50.17	Waste from building and construction
	50.18	Burning, dumping and burying of waste
	50.19	Collection and disposal of garbage and refuse
	50.20	Brush and trash pickups
	50.21	Outdoor burning
Billing and Charges
	50.35	Number of collections and charges for services
	50.36	Alteration of fees and charges
	50.37	Billing and collecting penalties

	50.99	Penalty
GENERAL PROVISIONS
§ 50.01  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	BRUSH.  Tree trimmings, weeds, large hedge trimmings, shrubs and trees not to exceed four inches in diameter and cut into lengths not to exceed four feet.
	BUSINESS ESTABLISHMENT.  Any establishment wherein business is conducted for a profit, but shall not include any establishment wherein business is conducted in a building also used as a residence.
	COMMERCIAL WASTE.  All of the solid residue or wastes resulting from commercial operations or processes.
	CUSTOMER.  Any person, firm or corporation receiving garbage pickup and disposal services from the city.
	FAMILY.  One or more persons occupying a premises and living as a single housekeeping unit.
	GARBAGE (WASTE MATTER).  Rubbish, trash, kitchen, household, market or store wastes, ashes, paper, paper food containers, small hedge and lawn trimmings.
	GARBAGE CONTAINER.  A can of galvanized iron, noncorrosive metal or plastic, rodent and fly proof, durable and leak proof, of the type commonly sold as a garbage can of a suitable gauge, weight and construction to insure durability, with suitable handles on the can and lid and of a capacity of not less than 20 gallons and not more than 30 gallons.
	PREMISES.  The singular and/or plural when reference is made to a house, yard or building located within the corporate limits of the city.
(Ord. 8-18-77, passed 8-18-77)
§ 50.02  ADMINISTRATION.
	(A)	The administration of this chapter is vested in the city and its officers.
	(B)	Billing and collecting will be the function of the city and its duly authorized officers and employees.
(Ord. 8-18-77, passed 8-18-77)
§ 50.03  INSPECTION.
	All containers, as described herein, shall be subject to inspection and approval or condemnation by the city.
(Ord. 8-18-77, passed 8-18-77)
§ 50.04  WATER SERVICES AND GARBAGE SERVICES SHALL BE CONSIDERED AS ONE.
	Persons residing within the city who are currently customers of the city water service will automatically become customers of the garbage pickup service under the terms and conditions set forth in this chapter. All future applications for water service and all future deposits thereon made with the city shall be deemed to be applications for garbage service and security for garbage collections.
(Ord. 8-18-77, passed 8-18-77)
REGULATIONS
§ 50.15  ACCUMULATION OF GARBAGE, BRUSH AND INDUSTRIAL WASTE.
	(A)	Except as may be provided in other sections of this chapter, no person, firm or corporation shall permit to accumulate on its premises garbage, brush, trash or waste, whether the waste is accumulated in covered containers or by other methods.
	(B)	It shall be unlawful for any person, firm or corporation to place, deposit or throw, or permit or cause to be placed, deposited or thrown any garbage, brush, trash, waste matter or refuse of any kind on public or private property in the city.
	(C)	The city shall provide a proper place for the depositing of all garbage, brush, trash, waste matter and refuse of all kinds, which area shall be available to the citizens of the city, who may dispose excess waste matter which they may have accumulated.
	(D)	It shall be unlawful for any person, firm or corporation to throw, place, dump or deposit any brush, leaves, garbage, trash, waste matter or refuse of any kind on any street in any gutter, sidewalk, driveway, alley or other public or private property located within the city limits.
	(E)	It shall be unlawful for any person to cause or permit to be or remain in or upon any premises private or public any animal, vegetable or mineral matter, or any compositions or residue thereof which is in an unsanitary condition or injurious to public health.
(Ord. 8-18-77, passed 8-18-77) Penalty, see § 50.99
§ 50.16  PERSONS REQUIRED TO KEEP GARBAGE CONTAINERS.
	(A)	It shall be the duty of every owner, agent, lessee, tenant or occupant of any premises in the city, where persons reside, board or lodge, or where animal or vegetable food is prepared or served, or any private residence, to provide that premises at all times and maintain in good order and repair a garbage container or containers as herein defined in sufficient numbers for deposit of garbage for collection, as provided by this chapter. The lids or covers of all containers shall at all times be kept secure and fastened so that flies and other insects may not have access to the contents thereof, and the lids or covers shall only be removed while the containers are being filled or emptied as the case may be. No receptacles, other than containers of the specifications and sizes above mentioned, shall be used by any resident for the accommodation of garbage, trash or other waste material. The city shall have power to refuse to pick up and haul away any refuse, garbage or other waste materials from any place of business or residence not complying with the requirements for garbage containers and receptacles set forth above.
	(B)	It shall be the duty of the head of each family occupying or in possession of a premises which is a residence and of the owner, operator or employees of business establishments to place or cause to be placed such garbage containers along the streets or alleys of the city for the removal of the contents of the container at such times and in such manner as the city may direct.
(Ord. 8-18-77, passed 8-18-77) Penalty, see § 50.99
§ 50.17  WASTE FROM BUILDING AND CONSTRUCTION.
	All rock, waste, scrap building material or other trash resulting from construction or major remodeling, and all trees, brush and debris cleared from property in preparation for building or construction shall not be classified as garbage or brush under the terms of this chapter. The removal of the material shall be the responsibility of the owner and/or contractor.
(Ord. 8-18-77, passed 8-18-77) Penalty, see § 50.99
§ 50.18  BURNING, DUMPING AND BURYING OF WASTE.
	It shall be unlawful to burn, dump, bury or dispose of waste of any kind within the city limits by any other means than as provided for by this chapter, except as might be designated by the city.
(Ord. 8-18-77, passed 8-18-77) Penalty, see § 50.99
§ 50.19  COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE.
	All garbage and refuse as defined in this chapter shall be collected and disposed of by the city, and it shall be unlawful for any other person, firm or corporation to engage in the removal of garbage and refuse unless written authority has been first obtained from the city.
(Ord. 8-18-77, passed 8-18-77) Penalty, see § 50.99
§ 50.20  BRUSH AND TRASH PICKUPS.
	All tree trimmings, large hedge trimmings, shrubs and trees not exceeding four inches in diameter shall be cut into lengths not exceeding four feet and shall be placed in bundles by the customer along the street to be picked up on the days designated for trash pickups.
(Ord. 8-18-77, passed 8-18-77) Penalty, see § 50.99
§ 50.21  OUTDOOR BURNING.
	(A)	All outdoor burning within the city will be enforced based upon the following parameters.
	(B)	It shall be unlawful for any person or entity to burn the following within the city:
		(1)	Household trash;
		(2)	Plastics (includes fiberglass resins);
		(3)	Rubber (natural or synthetic);
		(4)	Petroleum products;
		(5)	Nonwood construction or demolition materials;
		(6)	Treated lumber (including lumber that has been painted);
		(7)	Furniture;
		(8)	Carpet;
		(9)	Appliances;
		(10)	Electrical insulation;
		(11)	Chemical wastes;
		(12)	Potentially explosive materials.
	(C)	Materials which are allowed to be burned are subject to requirements and restrictions below within the following parameters, as set forth by the City Council on property inside the city limits:
		(1)	No burning will be allowed during a ban on outdoor burning which affects the city.
		(2)	A burn permit shall be obtained before burning. The burn permit is valid for seven days from the date of issuance.
		(3)	Only the following items can be burned: 
			(a)	Natural grasses and leaves; 
			(b)	Unprocessed wood; and 
			(c)	Paper products.
		(4)	All burning must occur between sunrise and sunset.
		(5)	All burning material must be completely extinguished (not smoldering) prior to sunset, with the exception of land clearing for commercial or residential development, agricultural purposes, or involving felled trees, limbs or stumps which are of such size that total consumption cannot occur in one day. 
		(6)	Means of controlling the fire must be in place prior to starting the fire and remain in place until the fire is out. This includes, but is not limited to, the following:
			(a)	Maintaining an area around the material to be burned which will prevent the fire from escaping;
			(b)	Having appropriate tools, equipment and/or a working water hose in close enough proximity to be utilized to control a fire that might escape.
		(7)	All burning must occur with the following conditions:
			(a)	Surface wind speed between 5 mph and 15 mph;
			(b)	Wind direction will not cause the smoke to become a traffic hazard or adversely affect sensitive receptors or nearby structures. If a complaint is made because of the smoke the fire shall be extinguished.
		(8)	If the weather conditions change, causing them to go outside of the above parameters, the fire must immediately be fully extinguished.
		(9)	No material shall be burned directly on the surface of any sidewalk or roadway within the city limits.
	(D)	Recreational fires are permitted during favorable weather conditions, including but not limited to wind speeds not greater than 15 mph, within these additional guidelines:
		(1)	Recreational fires may be conducted without a permit, and at any time of the day or night. Only seasoned firewood and charcoal may be used for recreational fires.
		(2)	Recreational fires shall be contained to an approved container such as an outdoor fireplace or fire pit that must be no larger than three feet in diameter and no more than two feet in height measured from the outside of the container (excluding any chimney). The container may be commercial, or site built and shall be constructed of concrete blocks, heavy gauge metal or other noncombustible material.
		(3)	All approved containers must be set or built upon bare ground or a noncombustible material such as masonry or concrete. 
		(4)	The approved container must have a spark arrestor to contain sparks. Screens shall be of expanded metal (or equivalent noncombustible material) with openings no larger than one-half inch.
		(5)	All fires must be attended by a competent adult at all times until it is completely extinguished. A garden hose and water supply or other fire-extinguishing equipment must be on hand while burning. At no time will the fire be left burning or smoldering unattended.
		(6)	Fires left unattended must be extinguished.
		(7)	Recreational fires shall not be allowed during a burn ban affecting the city.
	(E)	The person who starts the fire is ultimately responsible for it and for any damages which might result from it or for adverse effects from the smoke.
	(F)	The Fire Chief or designated representative shall have the authority to enter private property where an outdoor or recreational fire is burning to investigate a reported nuisance or to ensure compliance with this section. The Fire Department representative shall have the authority to extinguish or to have extinguished said fire if it is creating a nuisance or is in violation of this section. The issued permit for outdoor burning becomes null and void if a fire is found to be in violation of this section.
(Ord. 20-01-27, passed 1-27-20)
BILLING AND CHARGES
§ 50.35  NUMBER OF COLLECTIONS AND CHARGES FOR SERVICES.
	(A)	There shall be one garbage collections at each residence each week in the city, and five such collections at business establishments. Pickup of garbage shall be spaced at intervals during each week so as to prevent the accumulation of garbage on premises for any long periods of time during any one week.
	(B)	The following charges are imposed upon each family unit in the city:
		(1)	For each residence, an amount as established by the City Council from time to time.
		(2)	For each business establishment, a fee  as established by the City Council from time to time determined by the number of cubic yards or number of cans of trash as agreed between the city and the contractor.
(Ord. 8-18-77, passed 8-18-77)
§ 50.36  ALTERATION OF FEES AND CHARGES.
	The fees as set herein may be altered at any time by action of the City Council without further amendment of this chapter.
(Ord. 8-18-77, passed 8-18-77)
§ 50.37  BILLING AND COLLECTING PENALTIES.
	(A)	(1)	It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills.  The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
			(a)	That all bills are due and payable on or before the due date set forth on the bill; and
			(b)	That if any bill is not paid by or before the fifteenth of the month, service will be discontinued for nonpayment; and
			(c)	That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the city official in charge of utility billing.  This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
		(2)	Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered.  In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
		(3)	When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in an amount as set by City Council from time to time.
	(B)	All charges levied for the services provided by this chapter shall be payable at the city office.
	(C)	Customers who are not receiving water service from the city shall be billed separately and payments by such customer shall be made in accordance with the terms of this chapter, and the penalty on delinquent accounts shall be the same as are applied to water users.
(Ord. 8-18-77, passed 8-18-77; Am. Ord. 15-06-15B, passed 6-15-15)
Statutory reference:
	Connection and disconnection for municipal utility service, see Tex. Loc. Gov’t Code § 402.0025
§ 50.99  PENALTY.
	Any person, firm or corporation who violates any of the provisions of this chapter, for which no other penalty has been otherwise specified, shall be guilty of a misdemeanor which is punishable by a fine of up to $2,000 for each offense.  Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 01-18-09, passed 9-17-01)
CHAPTER 51: WATER AND SEWER SERVICE
Section
Rates and Charges
	51.01	Monthly rates and charges
	51.02	Tapping fees
	51.03	Meters
	51.04	Transfer and reconnection fees
	51.05	Monthly billing
	51.06	Adjusting water rates for water leak
	51.07	Meter testing fees
Water Conservation/ Drought Contingency Plan
	51.20	Approval of Plan
	51.21	Annual report
	51.22	Guidelines
Sewers
	51.35	Jurisdiction
	51.36	Sewage zone
	51.37	Sewer extensions
	51.38	Deposits
	51.39	City not required to furnish service
	51.40	Sewer lines to be city property
	51.41	Connection prohibited without payment of charge
RATES AND CHARGES
§ 51.01  MONTHLY RATES AND CHARGES.
	(A)	Monthly rates or charges for services furnished by the waterworks and sanitary sewer system of the city shall be an amount as established by the City Council from time to time.
	(B)	The sewer rates in division (A) of this section shall be effective for all months except for the months of June, July, August and September, at which time rates will revert to the highest consumption used during the months of October through May or actual usage.
(Ord. 94-03-21, passed 3-21-94)
§ 51.02  TAPPING FEES.
	(A)	Tapping fees for the waterworks system: 
		(1)	For a ¾" meter - an amount as established by the City Council from time to time.
		(2)	For meters in excess of ¾" - cost of labor and materials plus an amount as established by the City Council from time to time.
	(B)	Tapping fees for sanitary sewer system:
		(1)	For a 4" sewer tap - an amount as established by the City Council from time to time.
		(2)	For sewer taps in excess of 4" - cost of labor and materials plus an amount as established by the City Council from time to time.
	(C)	No dual connections (being more than one user on a single line) shall be permitted.
(Ord. 94-03-21, passed 3-21-94)
§ 51.03  METERS.
	(A)	The waterworks system shall be operated on a fully metered basis.
	(B)	Meter deposit shall be set at an amount as established by the City Council from time to time for property owners. Meter deposit shall be set at an amount as established by the City Council from time to time for nonproperty owners.
(Ord. 94-03-21, passed 3-21-94)
§ 51.04  TRANSFER AND RECONNECTION FEES.
	There shall be a fee as established by the City Council from time to time on all transfers and reconnects. Before a meter is turned on it must be verified that a meter deposit has been established on the resident where service is to be installed.
(Ord. 94-03-21, passed 3-21-94)
§ 51.05  MONTHLY BILLING.
	(A)	Monthly billings for water and sewer service shall be made by the fifteenth of each month. All bills for services rendered by system shall be paid monthly on the fifth day of each month after the billing date. If not paid by the fifteenth of the month after the due date, service shall be discontinued. In the event of discontinuance of service, an additional amount as established by the City Council from time to time shall be charged for reconnection to the system. No partial payments will be accepted as payment in lieu of full payment of the monthly bill. 
	(B)	If at any time the water meter is tampered with while disconnected by the city, a citation will be issued and charges will be filed. If the meter has to be removed, an additional charge as established by the City Council from time to time will be assessed and paid before the meter is reinstalled. 
	(C)	When a resident moves from the city, all final bills shall be deducted from the deposit and the resident will be notified if the deposit does not cover the final bill. If at any time they return and request a new service, all monies owed the city shall be paid in full before new service can be provided. If the person owing monies has had service put in another person’s name and it is determined that they are indeed using the services, then service will be discontinued in accordance with the policies and procedures set forth in § 50.37 of this code of ordinances.
(Ord. 94-03-21, passed 3-21-94)
§ 51.06  ADJUSTING WATER RATES FOR WATER LEAK.
	(A)	Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
		ADJUSTMENT. The amount subtracted from the water rate. 
		METER READING SYSTEM. The system in which the Clerk can read meters from the office. 
		WASTEWATER RATE. The sewer amount billed to the customer.
		WATER RATE. The amount billed to the customer. 
	(B)	Water statement. If a water/sewer customer detects a water leak between the meter and the resident or business, they should notify the Clerk. In the event the meter reading system detects a leak on the customer’s side of the meter, the Clerk will then call the customer, send a tag, or turn off water if no one can be reached. The responsible citizen will be required to present proof of the repair to the water leak. Once brought in, the Clerk will research the customer’s past usage and determine if the water rate is excessive and if it would need to be adjusted. If the Clerk finds the water rate is an excessive amount and should be adjusted, the Clerk may only adjust the water rate to a maximum of 50% off. Water left on through negligence such as outside water hydrant or faucet, commodes hanging, and the like will not be considered for a water rate adjustment. This division involves adjustment only to water rates on bills, not sewer. 
	(C)	Wastewater statement. If a water/sewer customer detects a water leak between the meter and the resident or business, they should notify the Clerk. In the event the meter reading system detects a leak on the customer’s side of the meter, the Clerk will then call the customer, send a tag, or turn off water if no one can be reached. The responsible citizen will be required to present proof of the repair to the water leak. Once brought in, the Clerk will research the customer’s past three months usage and determine if the wastewater rate is excessive and if it would need to be adjusted. If the Clerk finds the wastewater rate is an excessive amount and should be adjusted, the Clerk may only adjust the wastewater rate to an average of the prior three months usage. Water left on through negligence such as outside water hydrants, commodes hanging, and the like will not be considered for a sewer bill adjustment. This division involves adjustment only to wastewater rates on bills, not water.
(Ord. 94-03-21, passed 3-21-94; Ord. 19-07-15, passed 7-15-19)
§ 51.07  METER TESTING FEES.
	When a customer requests the meter to be tested for accuracy and testing proves to be the correct metered consumption flowing through the meter, there will be a fee as established by the City Council from time to time. In the event the meter test shows the meter to be incorrect, a new meter will be installed, and the customer’s bill is to be adjusted to an average of the prior three months consumption or otherwise as the Council deems appropriate.
(Ord. 94-03-21, passed 3-21-94)
WATER CONSERVATION/DROUGHT CONTINGENCY PLAN
§ 51.20  APPROVAL OF PLAN.
	The City Council approves and adopts as the city's water conservation plan, the Water Conservation/Drought Contingency Plan to be included in full as a part of this subchapter as if recited verbatim herein. The city commits to implement the program according to the procedures set forth in the adopted plan.
(Ord. 90-16-7, passed 7-16-90)
§ 51.21  ANNUAL REPORT.
	The city shall report to the Texas Water Development Board annually on the implementation and effectiveness of the plan in accordance with the outline set forth in the plan.
(Ord. 90-16-7, passed 7-16-90)
§ 51.22  GUIDELINES.
	(A)	In regards to implementation and enforcement of the Conservation/Drought Contingency Plan, the Mayor is designated as the official responsible for implementation and enforcement. The following guidelines are adopted:
		(1)	Mild drought occurs when:
			(a)	Average daily water consumption reaches 90% of production capacity.
			(b)	Consumption (90%) has existed for a period of three days.
			(c)	Weather conditions are to be considered in drought classification determination. Predicated long, cold or dry periods are to be considered in impact analysis.
		(2)	Moderate drought conditions are reached when:
			(a)	Average daily water consumption reaches 100% of rated production capacity for a three day period.
			(b)	Weather conditions indicate mild drought will exist five days or more.
			(c)	One ground storage tank or one clear well is taken out of service during mild drought. 
			(d)	Storage capacity (water level) is not being maintained during period of 100% rated production period.
			(e)	Existence of any conditions listed in this subsection for a duration of 36 hours.
		(3)	Severe drought classification is reached when:
			(a)	Average daily water consumption reaches 110% of production capacity for a 24 hour period.
			(b)	Average daily water consumption will not enable storage levels to be maintained.
			(c)	System demand exceeds available high service pump capacity.
			(d)	Any two conditions listed in the moderate drought classification occurs for a 24 hour period.
			(e)	Water system is contaminated either accidentally or intentionally. Severe condition is reached immediately upon detection.
			(f)	Water system fails from acts of God (tornados, hurricanes) or man. Severe condition is reached immediately upon detection.
	(B)	In the event severe classification conditions persist for an extended period of time, the city may ration water usage and/or terminate service to selected users of the system in accordance with the following sequence:
		(1)	Recreational users.
		(2)	Residential users.
		(3)	Commercial users.
		(4)	Industrial users.
		(5)	School users.
		(6)	Hospitals, public health and safety facilities.
(Ord. 90-16-7, passed 7-16-90)
SEWERS
§ 51.35  JURISDICTION.
	The sewage disposal system owned by the city shall be under the jurisdiction of and operated by the Water Department, and the Superintendent of the Water Department shall supervise and operate the sewage disposal system in addition to the duties heretofore assigned to the Superintendent.
(Ord. passed 11- -51)
§ 51.36  SEWAGE ZONE.
	There is established a sewage zone which is and shall be all property within the corporate limits of the city lying or being within 200 feet of any existing sewage main. All property which may be within 150 feet of any sewage extension or line which may hereafter be laid or placed into operation by the  city shall be within the sewage zone, and the provisions of this chapter shall be applicable to the property immediately upon the operation of the sewage line or extension. 
(Ord. passed 11- -51)
§ 51.37  SEWER EXTENSIONS.
	(A)	The city shall make sewer extensions not to exceed 150 feet of the sewer line or main to any property line for the purpose of rendering sewage disposal service. Before the city shall be required to extend its existing lines or any line that may hereafter be laid or placed in operation, the owner of property or any tenant upon property not more than 150 feet distant from the sewage line shall make application for sewage service, in writing, to the Water Department and deposit with the City Water Department a connection fee. No extension of sewage shall be made unless there is a building situated upon the property owner’s or tenant’s premises, equipped with plumbing fixtures and then receiving water service through the regular Water Department of the city.
	(B)	Extensions of the sewage system may be made by the city where, in the opinion of the Council, such is necessary for public convenience, safety or health, and it is and shall be mandatory upon the city to extend the sewage facilities a maximum of 150 feet for each new or additional user thereof, provided that where more than one user will be affected, those users being more than 150 feet from the closest point necessary to extend lines and mains to serve the consumer nearer the main or line shall not be authorized to require the extension of the sewage system by totaling the distance necessary to extend the line and dividing by the number of new users thus affected. In no event shall it be mandatory upon the city to make any extension or lay any new line or main than four inches in diameter.
	(C)	In no event will the city be required to extend sewage service, 150 feet more or less, in the event such extension would necessitate the erection, operation or establishing of a lift or pumping station. The opinion of the City Engineer or Acting City Engineer or any Engineer consulted by the city shall be conclusive as to the necessity of such station.	
(Ord. passed 11- -51)
§ 51.38  DEPOSITS.
	(A)	The deposits heretofore received for and those which may hereafter be received for water service shall cover and include sewage service, and the deposit shall be a guarantee for the payment of all water and sewage charges which may accumulate or accrue on or against the premises wherein the service is rendered.
	(B)	Any property owner, tenant or property user may request sewage extension of more than 150 feet and request in writing an estimate to be prepared by the City Water Superintendent, with the advice and consent of the City Council as to the proposed cost of the extension. In the event the property owner, tenant or user should desire sewage service to be extended to property more than 150 feet from the sewage lines or mains, the property owner, tenant or user shall deposit with the City Secretary a sum of money equal to the estimate of construction costs, for the use and benefit of the city, which money shall then be used by the city in the extension of the lines and the property owner shall, upon completion of said extension, be refunded any difference in the amount deposited and the actual cost of construction, if the construction cost should be less than the original estimate.
	(C)	If, during construction, or before construction commences, it should appear that the construction costs will exceed the original estimate, then said property owner, tenant or user so making the deposit shall be notified in writing by the City Secretary to appear and make an additional deposit in an amount equal to estimated additional cost, and if the property owner, tenant or user has not, within five days from the date of the notice being mailed or delivered to him or her, made the additional deposit, construction work shall cease and shall not be resumed until the additional deposit has been made. If no additional deposit is made within 30 days, the city shall refund to the property owner, tenant or user the unused portion of his or her original deposit.
	(D)	The property owner, tenant or user so paying for such extension shall be entitled to a refund of his or her deposit as follows: for each new user thereafter connecting to the sewage extension, the property owner, tenant or user shall be entitled to a refund of a sum equal to the cost of construction of 150 feet of the line or part thereof if the user paid for less than 150 feet, providing that no refund shall be made to any property owner, tenant or user after five years from the time that the extension was completed and shall never receive as refunds more money than the property owner, tenant or user actually paid the city for such construction.
(Ord. passed 11- -51)
§ 51.39  CITY NOT REQUIRED TO FURNISH SERVICE.
	(A)	In no event shall the city be required to furnish sewage service to any property, point or installation within the city where sufficient fall cannot be obtained to the point of existing and installed sewer lines, mains or laterals.
	(B)	Nothing herein contained shall be construed as to obligate the city to lay any sewer line, main or lateral or to extend any sewer line, main or lateral in which the total revenue to be received from the line from sewage charges would not be reasonably presumed to reimburse the city for funds so expended within a period of five years from the date that the extension or service was established.
(Ord. passed 11- -51)
§ 51.40  SEWER LINES TO BE CITY PROPERTY.
	All sewage lines, mains and extensions which may be laid, extended or operated within the city limits shall be the property of the city.
(Ord. passed 11- -51)
§ 51.41  CONNECTION PROHIBITED WITHOUT PAYMENT OF CHARGE.
	No person, firm or corporation shall be permitted to make, or cause to be made, any connection to any sewage line, extension or lateral without first paying the connection charge stipulated, where and when applicable.
(Ord. passed 11- -51) Penalty, see § 10.99
CHAPTER 52: DROUGHT CONTINGENCY PLAN
Section
	52.01	Adoption by reference
§ 52.01  ADOPTION BY REFERENCE.
	The city hereby adopts a Drought Contingency Plan, found attached as Exhibit A to Ord. 14-10-20, by reference as if fully set forth herein. Any person firm or corporation violating any of the terms and provisions of this plan shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $1,000. Each such violation shall be deemed a separate offense and shall be punishable as such.
(Ord. 14-10-20, passed 10-20-14)