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HomeMy WebLinkAboutSupplement No. 06 - 1974 Code of Ordinances SUPPLEMENT NO. 6 �..� CODE OF ORDINANCES City of EULESS, TEXAS Looseleaf Supplement This Supplement contains all ordinances deemed advisa- ble to be included at this time through: Ordinance No. 578, enacted July 10, 1979. See Code Comparative Table, page 1470. Remove old pages Insert new pages xiii, xiv xiii, xiv, xiv.i 309 through 344 1019 through 1022 1019 through 1022.5 1159 through 1176 1159 through 1182 1469, 1470 1469, 1470 Index pages Index pages 1503, 1504 1503 through 1504.3 1509, 1510 1509, 1510 1513, 1514 1513, 1514 1520.1 1520.1 1539, 1540 1539, 1540 1555 through 1558 1555 through 1558 Insert this instruction sheet in front of volume.File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida January, 1980 TABLE OF CONTENTS Page Officials of City at Time of Codification iii Preface v Ordinance Adopting Code ix PART I THE CHARTER Charter 1 Art. I. Incorporation, Form of Government and Powers 1 Art. II. City Council 7 Art. III. Elections 12.1 Art. IV. Initiative, Referendum and Recall 17 Art. V. Administrative Organization 22 Art. VI. Municipal Court 25 Art. VII. Finance 26 Art. VIII. Bonds, Warrants and Other Evi- dence of Indebtedness 29 Art. IX. Taxation 32 �-� Art. X. Planning 36 Art. XI. Franchises and Public Utilities 38 Art. XII. General Provisions 42 Art. XIII. Parks and Recreation 48 Art. XIV. Library Board 49 Charter Comparative Table 95 PART II CODE OF ORDINANCES Chapter 1. General Provisions 99 2. Administration 153 Art. I. In General 153 Art. II. Civil Service System 159 21/2. Alcoholic Beverages 183 Supp. No.6 xiii EULESS CODE Chapter Page 3. Animals and Rabies Control 207 4. Buildings and Structures 265 Art. I. In General 265 Art. II. Moving Buildings 266 Art. III. Signs and Billboards 280 Art. IV. Electrical 288 Div. 1. Generally 288 Div. 2. Inspectors 290 Div. 3. Licenses 293 Div. 4. Permits 297 Art. V. Plumbing and Gas Fitting 299 Art. VI. Fences and Obstructions 300 41/2. Cable Television 309 Art. I. In General 309 Art. II. Administration 316 Art. III. Operation regulations 329 5. Finance and Taxation , . . 351 6. Fire Protection and Prevention 447 Art. I. In General 447 Art. II. Fire Department 454 Art. III. Fire Marshal 456 Art. IV. Transportation, Handling and Stor- age of Volatiles 462 7. Garbage, Trash, Weeds and Abandoned Prop- erty 525 Art. I. In General 525 Art. II. Grass and Weeds 531 Art. III. Littering 533 Art. IV. Abandoned, Derelict and Lost Per- sonal Property 534.1 Div. 1. Generally 534.1 Div. 2. Reserved 540 Art. V. Junked Vehicles 540 8. Health and Sanitation 589 Art. I. In General 589 Art. II. Air Pollution Control 590 Supp.No.6 xiv TABLE OF CONTENTS—Cont'd. Chapter Page Art. III. Swimming Pools 600 Art. IV. Eating and Drinking Establish- ments 605 9. Reserved 655 Supp. No.6 xiv.i Chapter 41/2 CABLE TELEVISION* Art. I. In General, §§ 41/2-1-41/2-20 Art. II. Administration, §§ 41/2-21-41/2-40 Art. III. Operation Regulations, §§ 41/2-41-41/2-70 ARTICLE I. IN GENERAL Sec. 41/2-1. Short title. This chapter shall be known and may be cited as the "Euless Cable Television Ordinance" and it shall become a part of the Code of Ordinances of the City of Euless, Texas, with the following definitions applicable thereto. (Ord. No. 576, 7-10-79) Sec. 41/2-2. Definitions. (a) Agency: The person, department or agency designated by the city council to act in matters related to CATV. (b) Cablecasting: Programming (exclusive of broadcast signals) carried on a cable television system. (1) Origination cablecasting. Programming (exclusive of broadcast signals) carried on a cable television system over one or more channels, and subject to the exclusive control of the cable operator. (2) Access cablecasting. Services provided by a cable television system on its public, education, local government or leased channels. a. Public access channel. A specially designated noncommercial public access channel available on a firstcome nondiscriminatory basis for which the *Editor's note—Ord. No. 576, adopted July 10, 1979, added provisions designated as Ch. 17, which provisions have been redesignated as Ch. 41/2 in order to maintain the alphabetical order of the chapters. Supp. No. 6 309 § 41/2-2 EULESS CODE § 4 1-2 system shall maintain and have available for public use at least the minimal equipment and facilities necessary for the production of program- ming for such a channel. b. Education access channel. A specially designated channel for use by local educational authorities. c. Local government access channel. A specially designated channel for local government uses. d. Leased access channel. Portions of the system's nonbroadcast band width including unused por- tions of the specially designated channels for leased access services. (c) Community antenna television system or cable televi- sion system or CATV system: Any facility, the primary function of which is either to receive and amplify the broadcast signals of one or more television and radio stations or to provide signals for additional closed circuit programming, and to redistribute such signals to members of the public who subscribe thereto or to whom redistribu- tion of such signals is required by the ordinance, by means of wires, cables, conduits or any other devices which are above, below, on, in, or along highways or other public places. (d) Certificate holder, franchisee, cable operator: The terms certificate holder, franchisee and cable operator are used interchangeably herein, and unless the contest indicates otherwise, shall mean and refer to the person or company awarded a certificate of public convenience and necessity for the operation of a CATV system in the City of Euless, the certificate to be awarded in accordance with the provisions of applicable law, including this chapter. (e) Channels: (1) Class I cable television channel. A signalling path provided by a cable television system to relay to subscriber terminals television broadcast programs that are received off-the-air or are obtained by Supp. No.6 �~ 310 § 4 1/2-2 CABLE TELEVISION § 41/2-2 microwave or by direct connection to a television broadcast station. (2) Class II cable television channel. A signalling path provided by a cable television system to deliver to subscriber terminals television signals that are intended for reception by a television broadcast receiver without the use of an auxiliary decoding device and which signals are not involved in a broadcast transmission path. (3) Class III cable television channel. A signalling path provided by a cable television system to deliver to subscriber terminals signals that are intended for reception by equipment other than a television broadcast receiver or by a television broadcast receiver only when used with auxiliary decoding equipment. (4) Class IV cable television channel. A signalling path provided by a cable television system to transmit signals of any type from a subscriber terminal to another point in the cable television system. (f) Converter: An electronic device, which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations. (1) Single channel converter. An electronic device used at the headend, which changes the frequency of RF television signals to some other channel. (2) Set converter. An electronic device at a subscriber's terminal which permits a subscriber to receive all cable TV signals on a common channel, usually not subject to local interference. (g) District: The area within which the cable operator will provide service. (h) Federal Communications Commission (FCC): The federal regulatory agency established by the Federal Supp. No. 6 311 § 4 1-2 EULESS CODE § 41/2-2 Communication Act of 1934, as amended, including the rules and regulations promulgated and adopted pursuant thereto. (i) Gross receipts, revenues, gross annual receipts: As compensation for the franchise granted herein and in consideration of permission to use the streets and public ways of the city and the service area for the construction, operation, maintenance and reconstruction of a cable communications system within the city and service area, the franchisee shall pay to the City of Euless, Texas, an annual amount equal to three (3) percent of the franchisee's gross annual revenues from all sources attributable to the operations of the franchisee within the city and the service area. (j) Locally receivable signals: Signals from a station whose grade A contour includes either a majority of the franchise area or includes the cable system signal reception site. (k) Monitoring: Observing a one-way communication signal or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means for any purpose whatsoever. (1) Programmer: Any person, firm, corporation or entity who or which produces or otherwise provides program material for transmission by video, audio, digital or other signals, either live or from recorded tapes, to subcribers, by means of the cable communications system. (m) School: Any institution of the H.E.B. Independent School District, any nonprofit day care center, and any other nonprofit educational institution. (n) Service, basic and additional: (1) Basic subscriber service means the total of all the following: a. The transmission of all broadcast video channel signals provided for herein; Supp. No.6 312 § 4 1/2-2 CABLE TELEVISION § 41/2-2 b. The transmission of the public, educational and local government access channel signals; c. The transmission of the local origination channel signals; d. The transmission of such other cablecast channel signals as are required by the FCC to match the number of broadcast channel signals being transmitted; and e. The installation and reconnection of subscriber service outlets. (2) Additional services: Any such video services as the transmission of all leased access channel signals not included in basic subscriber service, as well as the transmission of cablecast video advertising messages and pay television signals. (o) Subscriber: Any person, firm, corporation or other entity receiving for any purpose the service of the franchisee herein. (p) Streets and highways: Streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, docks, bulkheads, wharves, piers, alleys, all other public rights-of-way and public grounds or waters within or belonging to the city. (q) System:The broadband communications facility which is to be constructed, operated and maintained by the company within the City of Euless. (r) Two-way capability: The subscriber or any other location shall have the capability to choose whether or not to respond immediately or by sequential delay by utilizing any type of terminal equipment whatever, by push button code, dial code, meter, voice, video signal or by any other means to any type of electrical or mechanically produced signal, display and/or interrogation. (s) User: A person or organization utilizing a system channel for purposes of production and/or transmission or Supp. No.6 313 § 41/2-2 EULESS CODE § 41/2-4 material, as contrasted with receipt thereof, in a subscriber capacity. (t) Tapping: Observing a two-way communications signal exchange, where the observer is neither of the communicat- ing parties, whether the communications signal exchange is observed by visual or electronic means for any purpose whatsoever. (Ord. No. 576, 7-10-79) Sec. 41/2-3. Franchise authorized. A franchise may be granted by the City of Euless pursuant to this chapter which shall grant to the grantee, hereinafter referred to as "franchisee," the right, privilege and franchise to erect, construct, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all such extensions and additions thereto within the city, poles, wires, cables underground, conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation of a CATV system for the interception, sale, transmission and distribu- tion of television programs and other audio-visual electrical signals and the right to transmit the same to the inhabitants of the city on the terms and conditions hereinafter set forth. The city of Euless expressly reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time. It is further the intention of this chapter to limit the activity of a franchisee hereunder solely to the operation of cable television systems within the City of Euless. (Ord. No. 576, 7-10-79) Sec. 41/2-4. Duration of franchise grant. The term of the franchise to be granted by the City of Euless pursuant to this chapter shall be for a period of not more than fifteen (15) years from and after the grant and acceptance date of the franchise to be awarded, subject to the conditions and restrictions as hereinafter provided, and further provided that the mayor and city council shall have the right to review such franchise periodically at such times Supp. No. 6 314 § 4 1-4 CABLE TELEVISION § 4 1-8 as the mayor and city council may from time to time elect to do so and as hereinafter provided. (Ord. No. 576, 7-10-79) Sec. 41/2-5. Franchise rights subject to police powers. In accepting this franchise, the franchisee acknowledges that its rights hereunder are subject to the police power of the city to adopt and enforce general ordinances necessary to the safety and welfare of the public and it agrees to comply with all applicable general laws and ordinances enacted by the city pursuant to such power. (Ord. No. 576, 7-10-79) Sec. 41/2-6. Compliance with other laws and regula- tions. The franchisee shall comply at all times with all applicable federal and state laws, city and county ordi- nances and all executive and administrative orders, rules and regulations relating to or applicable to the operation of the system. (Ord. No. 576, 7-10-79) Sec. 41/2-7. Severability clause. It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiciton, such unconstitution- ality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter, since the same would have been enacted by the city council without the incorporation in this chapter of any such unconstitu- tional phrase, clause, sentence, paragraph or section. (Ord. No. 576, 7-10-79) Sec. 41/2-8. Penalty for violation. Any person, firm or corporation violating any of the terms and provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in Supp. No.6 315 § 41/2-8 EULESS CODE § 41/2-22 an amount not to exceed two hundred dollars ($200.00). Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. (Ord. No. 576, 7-10-79) Cross reference—Additional penalties, § 41/2-69. Secs. 41/2-9-41/2-20. Reserved. ARTICLE II. ADMINISTRATION Sec. 41/2-21. City council to prescribe form of applica- tion. Any application for a franchise pursuant to the terms of this chapter shall be made in form and manner prescribed by the City Council of Euless, Texas, and in conformity with the Charter of such city, ordinances, laws and regulations applicable to the grant of public franchises. (Ord. No. 576, 7-10-79) Sec. 41/2-22. Franchise required; duration; renewal. (a) The city may grant a franchise for the use of the streets within the city for the construction, operation and maintenance of a CATV system. No system shall be allowed to occupy or use the streets of the city or be allowed to operate without a CATV franchise. (b) The franchise shall be granted for a term of not more than fifteen (15) years; thereafter, after full public hearings, and according to the franchise renewal procedure that follows, the franchise may be renewed for a period of reasonable duration not to exceed fifteen (15) years as in the opinion of the city council will serve the public interest. (1) Procedure to consider franchise renewal: a. Prior to the expiration of the franchise, and after giving public notice, the city council shall hold public hearings (one or more) for the purpose of evaluating the performance of the franchisee as well as the adequacy of the franchise and the franchise ordinance. �..� Supp.No. 6 316 § 4 1/2-22 CABLE TELEVISION § 4 1/2-22 b. Following such public hearings the city council shall consider renewal of the franchise, changes in the franchise agreement and amendments to the franchise ordinance. c. After the review provided for above the city council may renew the franchise of the franchisee as hereinbefore provided and subject to such changes, terms and conditions as may be deter- mined by the city council or the city council may seek new and/or additional applicants for fran- chise evaluation and grant pursuant to the provisions of the ordinance or as the same may then be amended. (2) Alternate procedure to consider franchise renewal: a. Prior to the expiration of the franchise the city council may appoint, in the manner provided for in section 41/2-32(b), a CATV advisory board to review the performance of the franchisee as well as the adequacy of the franchise and the franchise ordinance. b. After giving public notice, the board shall hold public hearings (one or more) for the purpose of evaluating the performance of the franchisee as well as the adequacy of the franchise and the franchise ordinance. In making such evaluation the board shall consider, without limitation thereto, the technical developments and per- formance of the system, programming, other services offered, cost of service and any other particular requirement set forth in the ordinance, such as the availability of programming equip- ment and personnel to aid access channel users. The board shall also consider the franchise's annual reports made to the city or the FCC. Provision shall be made for community comment and industry performance on a national basis shall be considered. Supp.No.6 317 § 4 1/2-22 EULESS CODE § 41/2-23 c. The board shall submit to the city council recommendations in regard to renewal of the franchise, changes in the franchise agreement and amendments to the franchise ordinance. d. After review of the recommendations of the board, the council shall adopt such changes in the franchise agreement and amendments to the franchise ordinance as it shall deem necessary, which changes and amendments shall not be limited to the recommendations of the board. e. After the above provided for review and making of any changes to the franchise and amendments to the franchise ordinance, the city council may renew the franchise of the franchisee as hereinbe- fore provided and subject to such changes, terms and conditions as may be determined by the city council or the city council may seek new and/or additional applicants for franchise evaluation and grant pursuant to the provisions of the ordinance or as same may be then amended. (Ord. No. 576, 7-10-79) Sec. 41/2-23. Renegotiation. (a) Scheduled renegotiation sessions. The city and the franchisee, after giving public notice, shall hold scheduled renegotiation sessions within thirty (30) days of the fifth and tenth anniversary dates of the franchisee's obtaining certification for the system from the Federal Communica- tions Commission. All such negotiation sessions shall be open to the public. (b) Special renegotiation sessions. Special renegotiation sessions may be held at any time during the term of the franchise provided that both the city and the franchisee shall mutually agree on the time, the place and the topics to be negotiated. All such renegotiation sessions shall be held after giving public notice and shall be open to the public. (c) Topics to be negotiated. The following topics shall be discussed at every scheduled renegotiation session: service Supp. No.6 318 § 4 1/2-23 CABLE TELEVISION § 41/2-25 �� rate structures, free or discounted services, application of new technologies, system performances, services provided, programming offerred, customer complaints, amendments to this chapter, undergrounding progress and judicial and FCC rulings. (d) Additional topics. Topics in addition to those listed may be added if agreed upon by the parties. Members of the general public may add topics either by working through the negotiating parties or by presenting a petition. If such petition bears the valid signatures of fifty (50) or more residents of the city, the proposed topic or topics shall be added to the list of topics to be discussed at the renegotiation session. (Ord. No. 576, 7-10-79) Sec. 41/2-24. Cancellation and termination. The city council may cancel the franchise conferred by the ordinance at any time prior to its expiration date upon a finding, made after public hearing, following public notice, that the franchisee has failed to cure one or more of the following defects during a thirty-day period following L-� written notice by the city manager to the franchisee of such defect: (a) Material breach, whether by act or omission, of any terms or conditions of the franchise ordinance or the franchise agreement. (b) Material misrepresentation of fact in the application for or negotiation of the franchise. (c) Failure to provide subscribers or users with service in the best interest of the public convenience and welfare. (Ord. No. 576, 7-10-79) Sec. 41/2-25. Continuity of service and purchase of system. (a) Continuity of service mandatory. The franchisee shall be required to provide continuous service to all subscribers in return for payment of the established fee. If the franchisee over builds, rebuilds, modifies or sells the Supp. No.6 319 § 4 1/2-25 EULESS CODE § 4 1-26 system, or the city revokes or fails to renew this franchise, or the city elects to purchase the system, the franchisee is required as part of its franchise to continue to operate the system until an orderly change of operation is effectuated. In the event the franchisee fails to operate the system for five (5) consecutive days without prior approval of the city council, the city or its agent may operate the system until such time that a new operator is selected. (b) City purchase of system upon revocation. In the vent that the city revokes or terminates the franchise, pursuant to appropriate provisions of this chapter, the city shall have the right to purchase the CATV system at a price not to exceed its then book value (that is, original cost of property less accumulated depreciation). The book value shall be determined by the city in accordance with generally accepted appraisal and accounting principles. Under no circumstances shall any valuation be made for "good will" or any right or privilege granted by the franchise. (Ord. No. 576, 7-10-79) -1 Sec. 41/2-26. Transfers and assignments. (a) A franchisee operating under this chapter shall not be permitted to sell, transfer or otherwise change more than ten (10) percent of the ownership granted under the franchise without prior written consent of the City of Euless. If after five (5) years the franchisee would consider sale of more than ten (10) percent or a transfer of control, then provided the transferee met the character, financial and experience criteria established by the FCC and the City Council of Euless, the consent of the City Council of Euless to such transfer shall not be unreasonably withheld. (b) A franchisee operating under this chapter shall not be permitted to sell, lease, sublease, transfer or otherwise change working control of the franchisee without prior written consent of the City of Euless. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the city council may inquire into the prospective controlling party, and the Supp. No. 6 320 § 41/2-26 CABLE TELEVISION § 41/2-27 �-- franchisee shall assist the city council in any such inquiry. If the city council does not schedule a hearing on the matter within sixty (60) days after notice of the change or proposed change and the filing of a petition requesting its consent, the city shall be deemed to have consented. In the event that the city council adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the city council may terminate the franchise. (c) The consent or approval of the city council to any assignment, lease, transfer, sublease or mortgage of the franchise granted to the franchisee shall not constitute a waiver of release of the rights of the city in and to the streets. (d) In the absence of extraordinary circumstances, the city council will not approve the assignment of the franchise by the franchisee prior to completion of construction of the CATV system. (Ord. No. 576, 7-10-79) Sec. 41/2-27. Security fund. (a) Within thirty (30) days after the issuance of a franchise, the franchisee shall deposit with the city and maintain on deposit throughtout the term of its franchise, the sum of one hundred thousand dollars ($100,000.00) in the form of a cash deposit, or an irrevocable letter of credit in favor of the city conditioned only upon demand by the city, issued by a financial institution acceptable to the city and in form acceptable to the city attorney. Such security fund shall be maintained throughout the term of the franchise agreement to assure the faithful performance by the franchisee of all provisions of this chapter and its franchise agreement and to assure compliance with all orders, permits and directions of the city and the payment by the franchisee of any claims, liens, fees and taxes due the city which arise by reason of the construction, operation or maintenance of the system. (b) Within thirty (30) days after notice to franchisee that any amount has been withdrawn from the security fund deposited pursuant to subsection (a) above, the franchisee Supp. No. 6 321 § 41/2-27 EULESS CODE § 41/2-27 shall pay to or deposit with the city a sum of money or furnish evidence of restoration of credit sufficient to restore such security fund or letter of credit, as the case might be, to the original amount of one hundred thousand dollars ($100,000.00). (c) If the franchisee fails to pay to the City any compensation within the time fixed herein or fails, after ten (10) days notice to pay to the city any penalties, taxes or fees due and unpaid or fails to pay, within such ten (10) days, any damages, costs or expenses which the city shall be obligated to pay by reason of any act, omission or default of the franchise arising or in anywise connected with such franchise or fails after three (3) days' notice of such failure by the city manager, to comply with any provision of this chapter the franchise agreement which the city manager reasonably determines can be remedied by an expenditure of the security, the city manager may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawl, the city manager —� shall notify the franchisee of the amount and date of withdrawl thereof. (d) The security fund deposited pursuant to this section shall become the property of the city in the event that the franchise is cancelled, terminated or revoked by reason of the default of the franchisee. The franchisee, however, shall be entitled to the return of such security fund, or portion thereof, as remains on deposit with the city at the expiration of the term of the franchise, provided that there is then no outstanding default or obligation owed by the franchisee to the city pursuant to the terms of this chapter or the franchise agreement. (e) The rights reserved to the city with respect to the security fund are in addition to all other rights of city, whether reserved by this chapter, the franchise agreement or authorized by law, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right of the city. (Ord. No. 576, 7-10-79) Supp.No.6 322 § 41/2-2$ CABLE TELEVISION § 41/2-28 Sec. 41/2-28. Performance bond required. (a) A franchisee shall file with the city secretary, after the franchisee has received Federal Communications Commis- sion approval and before commencement of construction or installation of any aspect of the cable television system, a bond approved by the city attorney, executed by a bonding or surety company authorized to do business in the State of Texas, in an amount to be determined by the city manager and stated within the franchisee's franchise agreement which bond will be conditioned upon the faithful per- formance by the franchisee of the construction and implementation of the community antenna television system provided for by such franchisee's franchise agreement and further conditioned that in the event the franchisee shall fail to complete the full construction, installation and implementation of such community antenna television system in full compliance with its obligations under this chapter, its franchise agreement and any other law, ordinance or regulation governing such franchise, these shall be recoverable,jointly and severally from the principle and surety of the bond, any damages or loss suffered by the city as a result thereof, including sums necessary to complete construction, installation and implementation of such community antenna television system or, at the city's discretion, the full amount of any compensation, indemnifi- cation or discretion, the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the franchisee, plus a reasonable allowance for attorneys fees and costs, all up to the full amount of said bond. Such bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not he cancelled nor the intention not to renew be stated, until thirty (30) days after receipt by the City Manager of Euless, Texas, by registered mail, of two (2) copies of written notice of such intent to cancel or not renew." (b) A copy of all bonds or a certified copy thereof and written evidence of payment of required premiums shall be filed and maintained with the city secretary during the term Supp. No. 6 323 § 4 1/2-28 EULESS CODE § 41/2-29 of any franchise granted pursuant to this chapter or any renewal thereof. (Ord. No. 576, 7-10-79) Sec. 41/2-29. Insurance and indemnification. (a) It shall be expressly understood and agreed by and between the city and the franchisee hereunder that the franchisee shall save the city and its agents and employees harmless from and against all claims, damages, losses and expenses, including attorneys' fees sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever arising out of, but not limited to, copyright infringements and other damages arising out of the grant of the franchise, the installation, operation or maintenance of the CATV system authorized herein and the franchise agreement, whether or not any act or omission complained of is authorized, allowed or prohibited by this ordinance and any franchise granted hereunder. In the event the city manager shall determine that the financial strength of the franchisee may be insufficient to satisfy the indemnification obligations of this section and all other financial obligations of the franchisee provided for in this chapter and the franchise agreement, the city manager may require either an increase in the amount of the security fund provided for in section 41/2-27 hereof, or the separate unconditional guaranty of the obligations of the franchisee herein specified of any shareholder of the franchisee, including any parent or affiliated company or entity. In the event such determination is made, same shall be communicated to the franchisee, in writing, by the city manager and such request shall be fully complied with within thirty (30) days from date of such request unless the franchisee shall, within such thirty (30) days give notice of appeal of such determination of the city manager to the city council in which event the city council shall finally determine such matter, which determination shall be final in all respects. The failure of a franchisee to comply with the provisions hereof for an increase in the security fund or with respect to the furnishing of additional guarantees, as the case might be, shall be deemed a material breach of the obligations of the Supp. No. 6 324 § 41/2-29 CABLE TELEVISION § 41/2-29 franchisee. Likewise, the failure of the franchisee to provide and maintain the performance bond and security fund provided for by section 41/2-28 and section 41/2-27 hereof shall be deemed a material breach of the obligations of the franchisee. The right of the city manager to require increases in the security fund and/or additional guarantees with respect to the obligations of the franchisee shall be a continuing one and may be exercised, from time to time, and throughout the term of the franchise agreement. (b) The franchisee shall purchase, and by its acceptance of any franchise granted hereunder, agrees that it will purchase an owner's protective liability policy in the name of the City of Euless. The franchisee shall procure, furnish and file with the city a policy of insurance approved by the city attorney covering liability and property damage with the minimum amounts of liability thereunder as established in the franchise agreement. The city shall require that any and all investigation of claims made by any persons, firm or corporation, against the city arising out of any use or misuse of privileges granted to the franchisee hereunder shall be made by or at the expense of such insurer. (c) The insurance policies mentioned above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the franchisee under the terms of this chapter and the franchise agreement shall contain the following endorsement: "It is hereby understood and agreed that this policy cannot be cancelled or the amount of coverage thereof reduced without the prior written consent and approval of the City Manager of the City of Euless, Texas." (d) All policies of insurance or certified copies thereof and written evidence of payment of required premiums, shall be filed and maintained with the city secretary during the term of any franchise granted, or any renewal thereof. (e) Neither the provisions of this chapter nor any insurance accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the franchisee Supp. No. 6 325 § 4'/2-29 EULESS CODE § 4 1/2-31 or limit liability of the franchisee under this chapter and any franchise agreement issued pursuant hereto. (Ord. No. 576, 7-10-79) Sec. 41/2-30. Franchise fees. The franchisee shall pay, as compensation to the city, an annual fee of three (3) percent of its gross annual revenues. Payments due the city shall be computed quarterly, for the preceding quarter, as of March 31, June 30, September 30 and December 31. Each quarterly payment shall be due and payable no later than thirty (30) days after the relevant computation date. Each payment shall be accompanied by a report showing the basis for the computation, together with such other relevant facts as may be required by the city. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim the city may have for further or additional sums payable under the provisions of this chapter and the franchise agreement of the franchisee. Acceptance of any payment shall likewise not be construed as a release or waiver of any other right of the city or obligation of the franchisee. All amounts paid shall be subject to audit and recomputation by the city. In the event that any recomputa- tion or audit results in additional revenue due the city, such amount shall be subject to a ten (10) percent interest charge from the due date of such payment, together with all costs reasonably incurred by the city with respect to such audit and recomputation. Nothing in this chapter shall limit a franchisee's liability to pay other local taxes. (Ord. No. 576, 7-10-79) Sec. 41/2-31. Records and reports to be submitted to city. No later than March 31 of each year, a franchisee shall submit a written report to the city, in a form directed by the city council, which shall include without limitation thereto: (a) A summary of the previous year's activities and development of the system, including, but not limited Supp. No.6 326 § 41/2-31 CABLE TELEVISION § 41/2-32 to, services begun or dropped, subscriber g pp gains or losses. (b) Copies of the financial statements audited by a certified public accounting firm acceptable and approved by the city, including the franchisee's balance sheet, income statement and working papers relating to subscriber accounts. (c) A current statement of costs of construction by component categories. (d) A summary of complaints, identifying the number and nature of complaints and their disposition. (e) A list of officers and members of the board of the franchisee and the parent corporation, if any. (f) A list of all stockholders holding three (3) percent or more of the voting stock of a franchisee and the parent corporation, if any. (Ord. No. 576, 7-10-79) Sec. 41/2-32. Establishment of a regulatory entity. (a) Continuing regulatory jurisdiction. The city council of Euless, Texas, shall have continuing regulatory jurisdiction and supervision over the operation of any franchise granted hereunder and may from time to time adopt such reasonable rules and regulations as it may deem necessary for the conduct of the operations of the franchise pursuant to the terms of this chapter and the franchisee's franchise agreement. (b) Authority to establish CATV advisory board. The continuing regulatory jurisdiction of the city shall be exercised by the City Council of Euless, Texas. The city council shall have the authority to establish and appoint a CATV advisory board consisting of five (5) members who shall serve for three-year terms with such terms to be staggered. Such board's duration shall be at the pleasure of the council and should such board be established it shall advise the city council on its regulatory jurisdiction and may have the following responsibilities and duties at the direction of the city council: Supp. No. 6 327 § 4 1/2-32 EULESS CODE § 41/2-33 (1) Resolving disputes or disagreements between sub- scribers and the franchisee after an investigation, should the subscriber and the franchisee not first be able to resolve their view or disagreement. Said decision or findings may be appealed to the city council. (2) Reviewing and auditing all reports and filings submitted to the city as required hereunder and such other correspondence as may be submitted to the city concerning the operation of the cable television network, and reviewing the rules and regulations set by the franchisee. (3) Assuring that all tariffs, rates and rules pertinent to the operation of the CATV system in the City of Euless are made available for inspection by the public at reasonable hours and upon reasonable requests. (4) Reviewing rates and recommending any rate changes to the city council. (5) Such other duties and responsibilities as may be specifically assigned to such board by appropriate resolution of the city council. The membership of the advisory board may be comprised, in whole or in part, by members of the Euless City Council and/or employees of the City of Euless, Texas. In appointment of such advisory board the city council shall designate the chairman and vice-chairman thereof. Such board may adopt rules of procedure and for the conduct of its affairs not inconsistent with this chapter. Three (3) members of such board shall constitute a quorum. Vacancies occurring shall be filled by the city council for the remainder of such board member's original term. No employee or person with ownership interest in a cable television franchise granted pursuant to this chapter shall be eligible for membership on such board. (Ord. No. 576, 7-10-79) Sec. 41/2-33. Functions to be regulated. (a) A franchisee shall maintain an office in the city, which shall be open during all usual business hours, have a Supp. No.6 328 § 4'/2-33 CABLE TELEVISION § 4 1-41 publicly listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received on a twenty-four-hour basis. (b) A franchisee shall maintain a repair and trouble- shooting force capable of responding to subscriber com- plaints or requests for service within twenty-four (24) hours after receipt of the complaint or request. No direct charge shall be made to the subscriber for this service. (c) A franchisee shall insure that all subscribers, programmers, and members of the general public have recourse to a satisfactory hearing of any complaints. The city shall work closely with the franchisee and members of the public, to establish procedures for handling and settling complaints. A franchisee shall present to the city no later than six (6) months after the effective date of its franchise, a set of rules, regulations and procedures concerning the handling and settling of complaints. (d) The city council, and when authorized by the city council its counsel, agents and employees, shall have the right, at reasonable times and for reasonable purposes, to inspect and obtain copies of the papers, books, accounts, documents and other business records, and to inspect the plant,equipment and other property of the franchisee within its jurisdiction. (Ord. No. 576, 7-10-79) Secs. 41/2-34-41/2-40. Reserved. ARTICLE III. OPERATION REGULATIONS Sec. 41/2-41. Franchisee to comply with rules and standards of FCC and local, state and federal laws. A franchisee shall comply fully with the rules and standards of cable television operations now existing or hereafter adopted by the Federal Communications Commis- sion. A franchisee and users of a CATV system shall comply in all respects with all federal and state laws, Supp. No. 6 329 § 41/2-41 EULESS CODE § 41/2-43 applicable rules and regulations and all local ordinances and applicable rules and regulations regarding obscenity and shall not broadcast any movies, materials or any obscene, indecent or profane language or depiction pro- scribed by such laws, ordinances, rules or regulations and especially as outlined in 18 U.S.C., Section 1464, as now existing or as amended, and shall further comply with all Federal Communications Commission rulings for declarato- ry orders relating to obscenity or indecency. If a franchisee transmits obscene or indecent programming which it has produced or acquired by sale, lease or otherwise, franchisee's action shall be deemed a material breach as provided for in section 41/2-24 and shall subject franchisee to franchise cancellation and termination in accordance with the terms of such section. The company shall comply fully with the rules and regulations contained and promulgated within this chapter and all other city ordinances which apply to the operation of the cable system. (Ord. No. 576, 7-10-79) Sec. 41/2-42. Cable television system to comply with certain technical codes. Methods of construction, installation and maintenance of the franchisee's cable television system shall comply with the National Electrical Safety Code, National Electrical Code of 1975, National Bureau of Standards Handbook 81 (part 2), National Bureau of Standards, U.S. Department of Commerce November 1, 1961, to the extent that such codes are consistent with other provisions of this franchise or with local law, the latter shall govern. (Ord. No. 576, 7-10-79) Sec. 41/2-43. Regulation of construction and installa- tion of towers. (a) Any tower constructed for use in the franchisee's cable television system shall comply with the standards contained in Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, EIA Standards RS-222-A, as published by the engineering department of the Electronic Industries Association, 2001 Eye Street, N.W., Washington, D.C., 20006. Supp. No.6 330 § 4 1/2-43 CABLE TELEVISION § 41/2-45 (b) Installation and physical dimensions of any tower constructed for use in the city's cable television system shall comply with all appropriate Federal Aviation Agency regulations including, but not limited to, Objectives Affect- ing Navigable Airspace, 14 C.F.R. 77.1 et seq., February, 1965. (c) Any antenna structure used in the franchisee's cable television system shall comply with Construction, Marketing and Lighting of Antenna Structure, 47 C.F.R. 17.1 et seq., September, 1967. (Ord. No. 576, 7-10-79) Sec. 41/2-44. Communication of operations and fur- nishing of service timetables. A franchisee shall commence operation within the time period provided within such franchisee's franchise agree- ment. Operations shall be considered commenced when the franchisee is able to provide, pursuant to the terms of this chapter and such franchisee's franchise agreement, the transmission and amplification of television signals on a fulltime basis to all subscribers requesting service within the franchise area as reflected by the map provided in section 41/2-54 hereof. Upon the reasonable request of any person located within the franchise area, the franchisee shall, following commencement of operations, furnish service to such person within thirty (30) days from the date of receipt of a reasonable request for service by any such person. A request for service shall be deemed unreasonable only if the location at which service is requested shall have been occupied for less than one hundred twenty (120) days and no trunk line installation capable of servicing such location has yet been installed or if direct access to such location cannot be obtained and all other means of access are highly impracticable. (Ord. No. 576, 7-10-79) Sec. 41/2-45. City approval of subscriber agreements and subscriber solicitation materials. (a) The form of all subscriber agreements for CATV service by and between a subscriber and a franchisee shall be subject to approval by the city. Likewise, the form and Supp. No.6 331 § 41/2-45 EULESS CODE § 41/2-47 content of all solicitation material offered to prospective subscribers in whatever form or in whatever manner distributed shall be subject to the prior approval of the city. The approval of the city as used in this section shall mean and refer to the written approval of the Euless City Manager. No subscriber agreement or solicitation by a franchisee directed to prospective or existing subscribers shall be used without the prior approval of the city. (b) It is the announced intention of the city with respect to the above provided for procedures, but in nowise in limitation thereof, to assure that all solicitation material and subscriber agreements contain specific reference to the broadcast of possibly objectionable material and the availability of converter parental locking devices for the purpose of limiting reception of objectionable material. (Ord. No. 576, 7-10-79) Sec. 41/2-46. User classes and divisions. Subscribers may be divided into commercial, residential and other classes approved by the city. Nothing in this provision shall prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers provided the consent of the city shall be first obtained. Rates for commercial and noncom- mercial users of access channels may be established separately. Nothing herein shall prohibit preferential rates for noncommercial users if approved by the city. (Ord. No. 576, 7-10-79) Sec. 41/2-47. Council approval of rates required. All changes in rates and fees charged subscribers or users by the franchisee are subject to review and approval by the city council pursuant to this chapter before charges may be made to the subscriber. No rate increase shall be approved until after a full public hearing has been conducted. (Ord. No. 576, 7-10-79) Supp. No. 6 332 § 4'/2-48 CABLE TELEVISION § 4 1/2-50 Sec. 41/2-48. Requests for rate changes. The city or the franchisee may request rate increases or decreases at any time. Initial rates shall be fixed in the ordinance granting the franchise and approving the franchise agreement, and the city council shall not consider rate increases for the term specified in the franchise agreement following completion of system construction and commencement of operations. The city council shall have the right to select and engage rate consultants, accountants, auditors, attorneys, engineers or any combination thereof, to conduct investigations, present evidence, advise and rep- resent the city and assist with litigation on ratemaking proceedings; and the franchisee engaged in such proceed- ings shall be required to reimburse the city for the reasonable costs of such services. (Ord. No. 576, 7-10-79) Sec. 41/2-49. Standard review of rates. The city council shall review and approve or disapprove any increase or decrease of rates on the basis of what is fair to the consumer and fair to the system operator and shall ��--� include, without limitation thereto, the following factors: faithfulness of the operator in abiding by the terms of this chapter and franchise agreement; quality of the service and efficiency of the operator; revenues and profits from all services offered; depreciated original costs of the cable plant and associated equipment; and a fair rate of return with respect to the cost of borrowing the rates of return on investment having corresponding risks. The value of the franchise, goodwill and the value of the going concern shall not be considered as an expense and the return shall not be paid on any of these values. (Ord. No. 576, 7-10-79) Sec. 41/2-50. Advance charges and deposits. A franchisee may require subscribers to pay for each month of basic service in advance at the beginning of each month. No other advance payment or deposit of any kind shall be required by the franchisee for basic subscribers' service. No deposit or advance payment of any kind shall be charged for the provision of any converter without prior Supp. No.6 333 § 41/2-50 EULESS CODE § 41/2-51 ^` approval of the city. Nothing in this provision shall be construed to prohibit charges or waiver of charges for initial installation or reconnection if approved by the city. (Ord. No. 576, 7-10-79) Sec. 41/2-51. Fee rebate for service interruptions. (a) In the event that service to any subscriber is interrupted for twelve (12) or more consecutive hours, but less than twnety-four (24) consecutive hours, except for acts of God and except in circumstances for which the prior approval of the interruption is obtained from the city council, the franchisee shall provide a twenty-five (25) per- cent rebate of the monthly fee to the affected subscriber. (b) In the event that service to any subscriber is interrupted for twenty-four (24) or more consecutive hours, but less than forty-eight (48) consecutive hours, except for acts of God and except in circumstances for which the prior approval of the interruption is obtained from the city council, the franchisee shall provide a fifty (50) percent rebate of the monthly fee to the affected subscriber. (c) In the event that service to any subscriber is interrupted for forty-eight (48) or more consecutive hours, but less than seventy-two (72) consecutive hours, except for acts of God and except in circumstances for which the prior approval of the interruption is obtained from the city council, the franchisee shall provide a seventy-five (75) percent rebate of the monthly fee to the affected subscriber. (d) In the event that service to any subscriber is interrupted for seventy-two (72) or more consecutive hours, except for acts of God and except in circumstances for which the prior approval of the interruption is obtained from the city council, the franchisee shall provide a one hundred (100) percent rebate of the monthly fee to the affected subscriber. (e) In the event that service to any subscriber is interrupted as a result of an act of God for periods in excess of twenty-four (24) hours, the franchisee shall rebate to the Supp. No.6 �� 334 § 4'/2-51 CABLE TELEVISION § 41/2-55 N......--- affected subscriber that portion of the monthly fee represented by the period to time in which service is interrupted. (Ord. No. 576, 7-10-79) Sec. 41/2-52. Installation and reconnection. Except as otherwise provided elsewhere in this chapter or the franchisee's agreement, a franchisee may make a charge to subscribers for the installation of service outlets and for the reconnection of service outlets. The rate for such connection or reconnection shall be authorized by the city as provided in this chapter. (Ord. No. 576, 7-10-79) Sec. 41/2-53. Disconnection. There shall be no charge for disconnection of any installation or outlet. If a subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, the franchisee may disconnect the subscriber's service outlet, provided however, that such disconnection is effected in compliance with written disconnection procedures approved by the city. After disconnection, upon payment in �� full of the delinquent charges and fees and any applicable reconnection charge approved by the city, a franchisee shall promptly reinstate a subscriber's cable service. (Ord. No. 576, 7-10-79) Sec. 41/2-54. Franchise area. A franchisee shall submit, prior to grant of a franchise a map showing the franchise area and the projected construction completion dates. The map shall clearly delineate any areas which will not be served, if any. (Ord. No. 576, 7-10-79) Sec. 41/2-55. Review of franchise area. From time to time, after a franchise is awarded, the city council may review the map provided for in section 41/2-54 and make changes in the service areas. (a) In making changes in the service area the city council shall take into consideration the costs of such Supp. No.6 335 § 4 1-55 EULESS CODE § 4 1-59 changes, population density and averages and terrain problems. (b) The review shall take place at a public meeting. (Ord. No. 576, 7-10-79) Sec. 41/2-56. Service outside franchise area. A franchisee shall negotiate with any citizen or group of citizens desiring service who are located outside the service area. (Ord. No. 576, 7-10-79) Sec. 41/2-57. Annexation. Upon the annexation of any new territory by the City of Euless, the portion of the CATV system that may be located or operated within such territory, and the streets, alleys, or public grounds thereof, shall thereafter be subject to all the terms of a franchise grant as though it were an extension made thereunder. (Ord. No. 576, 7-10-79) Sec. 41/2-58. Identifying subscribers without authority prohibited. The franchisee shall not, without prior valid written authorization from each subscriber so affected, provide any date identifying subscribers' names or addresses to any other party. (Ord. No. 576, 7-10-79) Sec. 41/2-59. Acquisition of data from subscriber with- out authorization prohibited. (a) A franchisee shall not initiate or use any form, procedure, or device for procuring information or data from cable subscribers' premises by use of the cable system without prior valid written authorization from each sub- scriber so affected. Valid authorization shall mean written approval from the subscriber for a period of time not to ex- ceed one year and said authorization shall not have been obtained from the subscriber as a condition of service. Further, it shall be unlawful for a franchisee, without such authorization, to activate and/or utilize any "class IV cable Supp. No.6 336 § 4'/2-59 CABLE TELEVISION § 41-61 � - television channel" in any manner from the subscriber's premises. In any case the subscriber shall have the right and opportunity to deactivate the return path from his or her premises. (b) It shall be unlawful for any firm, person, groups, company, corporation, governmental body or agency to procure information or data from cable subscirber's premises by use of the cable system without prior written authoriza- tion from each subscriber so affected. Valid authorization shall mean written approval from a subscriber for a period of time not to exceed one year and shall not have been obtained as a condition of the franchisee providing cable service to the subscriber. (c) No authorization for procurement or dissemination of subscriber identifiable information or data shall be valid unless it specifies the type or types of information or data covered and the parties authorized to collect, receive, store, record, transmit or otherwise convey this information or data. Further, all authorization shall specify the maximum period of time that any subscriber identifiable information or data shall be perserved in any manner or form. (Ord. No. 576, 7-10-79) Sec. 41/2-60. Copy of data for subscriber required. A written copy of all subscriber identifiable information or data which is retained and/or disclosed and the disposition of this information or data, together with any explanation necessary to make it understandable to the subscriber, shall be provided to the affected subscriber within thirty (30) days of procurement. Further disclosures shall be fully detailed in writing to the affected subscriber within thirty (30) days of such disclosure. (Ord. No. 576, 7-10-79) Sec. 41/2-61. Use of public property and conditions for use. (a) A franchisee shall first obtain the approval of the city prior to commencing construction on the streets, alleys, public grounds or places of the city. Applications for Supp. No. 6 337 § 4 1-61 EULESS CODE § 41-61 approval of the construction shall be in a form provided by the city. A franchisee shall give the city written notice of proposed construction at least ten (10) days prior to such construction so as to coordinate all work between the city and the franchisee. (b) A franchisee shall not open or disturb the surface of any street, sidewalk, driveway or public place for any purpose without first having obtained a permit to do so in a manner provided by the city. (c) A franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the franchisee when required by the city by reason of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewer, water pipes, city owned power or signal lights, and tracks or any other type of structure or improvement by any public agency. (d) All wires, conduits, cables and other property and facilities of the franchisee shall be so located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets of public places of the city. The franchisee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the city. A franchisee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric or telephone fixtures, or with any water hydrants or mains. All poles or other fixtures placed in a street shall be placed in the right-of-way between the roadway and the property, as specified by the city. (e) All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and workmanlike manner. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and bundled, with due respect for engineering and safety Supp.No.6 338 § 41/2-61 CABLE TELEVISION § 41/2-62 "...--- consideration. All installations shall be underground in those areas of the city where public utilities providing either telephone or electric service are underground. In those areas where both telephone and electric utility facilities are aboveground at the time of installation, the franchisee may install its service aboveground with the understanding that at such time as those facilities are required to be placed underground by the city, the franchisee shall likewise place its services underground without additional cost to the residents of the city other than as may be granted under the provisions of this chapter. (f) The city shall give the franchisee reasonable notice of plans for street improvement where paving or resurfacing of a permanent nature is involved. The notice shall give the franchisee sufficient time to make any additions, alterations or repairs to its facilities as it deems necessary in advance of the actual commencement of the work, so as to permit the franchisee to maintain continuity of service. (g) The franchisee shall, on the request of any person holding a building moving permit, temporarily raise or •-..,,,,..-- lower its wires to permit the moving of said building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require such payment in advance. (h) The franchisee shall have authority to reasonably trim trees overhanging upon streets, alleys, sidewalks and other public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee. All trimming is to be done under the supervision and direction of the city and at the expense of the franchisee. The franchisee may contract for such services, however, any firm or individual so retained shall receive city approval prior to commencing such activity. (Ord. No. 576, 7-10-79) Sec. 41/2-62. Access programming facilities. Any cable system franchise shall provide reasonable equipment to be used by access cable casters with the aid of Supp. No.6 339 § 4 1/2-62 EULESS CODE § 4 1/2-65 a technical and production staff to be provided by the operator. Included should be equipment that can store programs for later showing. In addition, a centrally located studio must be made available to all access users on a first-come, first-served basis. Any applicant to operate the system will be expected to demonstrate in its application how it plans to make available the equipment, the studio and production and technical staff. Applicants will be given preference in the selection process for plans that will most adequately meet these requirements. A full schedule of rates for use of equipment, studio and technical and production staff must be submitted. If separate rates are planned for mobile facilities, these must be submitted. Rate preference may be given to noncommercial users. (Ord. No. 576, 7-10-79) Sec. 41/2-63. Hub system. The cable system design shall incorporate the use of a hub system with sufficient hubs to insure the quality of reception required by the Federal Communications Commission. (Ord. No. 576, 7-10-79) Sec. 41/2-64. Interconnections. There shall be an interconnecting cable between the central headend and the other hubs which will be activated two (2) ways. The interconnecting cable must have the capacity to carry at least two (2) channels of TV in each direction. The franchisee may be required to interconnect its system with any other broadband communications facility operating in an adjacent territory. Such interconnection shall be made within sixty (60) days of a request made by the city. For good cause shown the franchisee may request and the city council may grant reasonable extensions of time to comply with the requirements. (Ord. No. 576, 7-10-79) Sec. 41/2-65. Emergency override. The cable system shall include an "emergency alert" capability which will permit the mayor, or the mayor's --� upp. No. 6 340 § 41/2-65 CABLE TELEVISION § 41/2-69 designated representative to override by remote control the audio and/or video of all channels involved in retransmis- sion of television broadcast programming. The cable operator shall designate a channel which will be used for emergency broadcast. (Ord. No. 576, 7-10-79) Sec. 41/2-66. Standby power. The cable system operator shall maintain equipment capable of providing standby powering for headend transportation and trunk amplifiers for a minimum of two (2) hours. The equipment shall be constructed so as to automatically notify the cable office when it is in operation and to automatically revert to the standby mode when the AC power returns. All utility safety regulations must be followed to prevent a standby generator from powering the "dead" utility line, with possible injury to an unwitting lineman. (Ord. No. 576, 7-10-79) Sec. 41/2-67. RF switch; converter with parental lock. The franchisee shall install an RF switch upon request by a subscriber. The franchisee shall not offer or provide a �-' converter that can not be equipped with a parental lock capable of locking or securing one or all channels. The city council may waive this requirement if it is determined by the city council to be technically unfeasible. (Ord. No. 576, 7-10-79) Sec. 41/2-68. Stray radiation. Stray radiation (R leakage) shall be checked at reception locations for emergency radio services to prove no interfer- ence signal combinations are possible. Stray radiation shall be measured adjacent to any proposed aeronautical naviga- tion radio sites to prove no interference to airborne navigational reception in the normal flight matters. (Ord. No. 576, 7-10-79) Sec. 41/2-69. Additional penalties for certain breaches. (a) Acknowledging that revocation and termination alone may not provide practical enforcement of a franchisee's Supp. No.6 341 § 4 1/2-69 EULESS CODE § 41-69 duties and obligations, there is hereby established addition- al liquidated penalties for certain breaches of the duties and obligations of the franchisee under and pursuant to the terms of this chapter and its franchise agreement. Such specific liquidated penalties are established specifically as additional penalties in addition to all other rights reserved to the city pursuant to this chapter and/or the franchise agreement or authorized by law, and no action taken by the city under and pursuant to this section shall in anywise constitute or be deemed to constitute an election of remedies or waiver of any other right the city may have. (b) It is expressly provided that any penalties applicable under this section may be assessed, without limiting the city's right to assessment and collection thereof, from the security fund provided for in section 41/2-27. (c) For violation of the following duties and obligations of the franchisee the penalties specified may be assessed by the city council: (1) For failure to commence operations in accordance with section 41/2-44 and the franchise agreement of franchisee, an amount not to exceed five hundred dollars ($500.00) per day. (2) For failure to provide service upon reasonable request by a prospective subscriber within the time limits provided by section 41/2-44, an amount not to exceed fifty dollars ($50.00) per day per subscriber. (3) For failure to pay any taxes or fees due the city or any damages, costs or expenses which the city shall be compelled to pay be reason of any act or default of the franchisee as provided for by this chapter or the franchise agreement, up to two hundred fifty dollars ($250.00) per day. (4) For failure to timely make any rebates due subscribers pursuant to section 41/2-51, an amount not to exceed fifty dollars ($50.00) per day, per subscriber. (5) For failure to comply with the provisions of section 41/2-53 hereof relative to disconnection and recon- Supp. No.6 342 § 4 V2-69 CABLE TELEVISION § 41/2-70 nection of service, an amount not to exceed fifty dollars ($50.00) per day per subscriber. (6) For failure to provide data and reports as required by the terms of this chapter and/or the franchise agreement, an amount not to exceed one hundred dollars ($100.00) per day. (7) For failure to comply with all other obligations of the franchisee pursuant to the terms of this chapter and such franchisee's franchise agreement as deemed by the city council to be a material obligation of the franchisee, an amount not to exceed one hundred dollars ($100.00) per day. (8) For failure of the franchisee to comply with the requirements limiting the transmission of obscene or indecent programming as provided by section 41/2-41, an amount not to exceed twenty-five hundred dollars ($2500.00) for each violation thereof. (d) The penalties herein provided for shall be assessed by and at the discretion of the city council and shall be �—' deposited into the general fund of the city upon collection. The assessment of any such penalties by the city council shall be made in open meeting at any regular or specially called meeting of the city council. (Ord. No. 576, 7-10-79) Cross reference—General penalty, § 41/2-8. Sec. 41/2-70. Foreclosure, receivership. (a) Upon the foreclosure or other judicial sale of all or a substantial part of the system or upon the termination of any lease covering all or a substantial part of the system, the franchisee shall notify the city of such fact, and such notification shall be treated as a notification that a change in control of the franchisee has taken place, and the requirements of this chapter governing the consent of the city council to such change in control of the franchisee shall apply. (b) The city council shall have the right to cancel the franchise sixty (60) days after the appointment of a receiver Supp. No.6 343 § 4 1/2-70 EULESS CODE § 41/2-70 or trustee to take over and conduct the business of the franchisee, whether in receivership, reorganization, bank- ruptcy or other action or proceeding, unless such receiver- ship or trusteeship shall have been vacated prior to the expiration of the said sixty (60) days, or unless: (1) Within sixty (60) days after election or appointment, such receiver or trustee shall have fully complied with all the provisions of this chapter and remedied all defaults thereunder; and, (2) Such receiver or trustee, within said sixty (60) days shall have executed an agreement, duly approved by the court having jurisdiction in the matter, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and the franchise agreement. (Ord. No. 576, 7-10-79) [The next page is 351] Supp. No.6 344 § 14-53 TRAFFIC § 14-55 are to bear the word "Stop" or "Yield," as the case may be, and shall be located in such a position and to be provided with letters of a size to be clearly legible from a distance of at least one hundred (100) feet along the street upon which the sign is placed. All such signs shall be illuminated at night or so placed as to be illuminated by street lights or by the headlights of approaching motor vehicles. Whenever any such sign has been created, it shall be unlawful for the driver or operator of any vehicle to fail to stop or yield, as the case may be, in obedience thereto. The operator of any vehicle who has come to a full stop as required above shall be subject to the ususal right-of-way prescribed by law. (Ord. No. 116, § 66, 8-11-59) Sec. 14-54. Display of unauthorized signals or mark- ings. (a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal or marking, or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection of signs, upon private property adjacent to highways, giving useful directional information and of a type that cannot be mistaken for official signs. (b) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the chief of police is hereby empowered to remove the same or cause it to be removed without notice. (Ord. No. 116, § 54, 8-11-59) Sec. 14-55. Interference with official traffic-control devices or railroad signs or signals. No person shall, without lawful authority, attempt to or in fact alter, deface injure, knock down or remove any official Supp. No.6 1019 § 14-55 EULESS CODE § 14-65 traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any part thereof. (Ord. No. 116, § 55, 8-11-59) Secs. 14-56-14-64. Reserved. ARTICLE IV. OPERATION OF VEHICLE* Sec. 14-65. Speed limits—Generally. The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city, except as this chapter, as authorized by state law, hereby declares and determines upon the basis of engineering the traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it shall be prima facie unlawful for any person to drive a vehicle at a speed in excess of any speed so declared when signs are in place giving notice thereof. (a) No person shall drive as defined by state law a motor vehicle, a motorcycle, bicycle, motor driven cycle, motor-assisted cycle or any other vehicle of any kind upon a public street, alley, highway or parkway within the corporate limits of the City of Euless at a speed greater than is reasonable and prudent under the circumstances then existing. Except where a special hazard exists that requires lower speeds for compliance with paragraph (b) of this section, the limits specified in this section or section 14-66 and established as authorized by law shall be the lawful speed limits, but any speed in excess of the limits so specified and established as authorized by law shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. [The speed limit shall be] thirty (30) miles per hour in any urban district. "Urban District" means the territory *Cross references—Driving vehicles or animals in parks, § 12-4;certain vehicles prohibited on freeways, § 14-15; granting right-of-way to pedestrians, § 14-123. Supp. No.6 1020 § 14-65 TRAFFIC § 14-66 contiguous to and including any highway or street which is built up with structures devoted to business, industry or dwelling houses, situated at intervals of less than one hundred (100) feet for a distance of one-quarter (1/4) of a mile or more on either side. (b) No person shall drive a vehicle upon a public street or a public alley within the corporate limits of the City of Euless at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (Ord. No. 116, § 21, 8-11-59; Ord. No. 534, § 1, 12-13-77) Sec. 14-66. Same—On certain streets and portions of streets. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Sections 167 and 169 of Article 6701d, Uniform Act Regulating Traffic on Highways, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: Maximum Block speed Street numbers Extent (MPH) Ash Ln. 0-1400 N. Euless Main St. west 35 to N. Industrial (FM 157) Euless Main 0-3000 W.Euless Blvd.(SHY 35 St., N. 183)north to Grape- vine city limits Supp.No.6 (Glade Rd.) 1021 § 14-66 EULESS CODE § 14-66 Maximum Block speed Street numbers Extent (MPH) Euless Main 0-1000 W.Euless Blvd.(SHY 35 St., S. 183) south to Ft. Worth city limits (Pipeline Rd.) Euless West- 600-1100 W.Euless Blvd. (SHY 30 parkway 183) north to Bed- ford city limits 1200-1500 W.Euless Blvd.(SHY 35 183) south to Ft. Worth city limits (Pipeline Rd.) Fuller-Wiser 1000-3000 Harwood Rd,north to 30 Rd. Glade 0-600 N. Euless Main St., 35 .--� east to D/FW air- port property Glade Rd. 0-1600 N. Euless Main St., 35 west to Bedford city limits (Sparger Rd.) Harwood 0-1000 N. Euless Main St., 35 Rd., E; east to Minters Chapel Rd. Harwood 0-1000 N. Euless Main St., 35 Rd., W. west to N. Industri- al (FM 157) Pipeline Rd. 2100-4300 W.Euless Blvd. (SHY 35 183) west to Hurst city limits (Arwine Cemetery Rd.) Raider 1100-1500 Pipeline Rd., south to 35 Ft. Worth city lim- its (Pipeline Rd.) ^. Supp.No.6 1022 § 14-66 TRAFFIC § 14-66 Maximum Block speed Street numbers Extent (MPH) Royay Park- 1100-1500 W.Euless Blvd. (SHY 35 way 183) south to Ft. Worth city limits (Pipeline Rd.) Trojan Trail 600-1000 Ector Dr., west to N. 30 Industrial Blvd. (FM 157) Spur 350 Eastbound frontage road only: (a) From station 265+07.42 (west city limit, being also east city limit of Bedford) easterly 2.294 miles to station 386+87.49 (intersection with North Main Street and Ramp "L-L"), 40 miles per hour. (b) From station 333+61.70 (west city limits of Euless, being also the city limits of Bedford) easterly 1.018 miles to station 387+33.31 (intersection of Main Street) at 40 miles per hour. (c) From station 865+74 (approximately 450 feet east of Main Street) easterly 0.749 mile to station 905+45 (east city limits of Euless, being also the city limits of Fort Worth) at 40 miles per hour. (d) From station 265+07.42 (west city limits of Euless, being also the city limits of Bedford) easterly 2.307 miles to station 386+87.49 (intersection of Main Street), 40 miles per hour. Westbound frontage road only: (a) From station 386+87.49 (intersection of Main Street) westerly 2.294 miles to station 265+07.42 (west city limits of Euless, being also the city limits of Bedford), 40 miles per hour. Supp. No.6 1022.1 § 14-66 EULESS CODE § 14-66 (b) From station 887+66.79 (intersection with State Highway 183, North Frontage Road and Ramp "M-M")westerly 0.412 mile to state 865+74± (intersec- tion with Fuller Drive) 40 miles per hour. (c) From station 387+33.31 (intersection with North Main Street and Ramp "K-K") westerly 1.018 miles to station 333+61.70 (west city limit, being also east city limit of Bedford), 40 miles per hour. (d) School crossing—From station 377+27 (approximately 200 feet east of Himes Street) westerly 0.200 mile to station 366+71, 30 miles per hour when so signed for school crossing (during the hours 7:00 a.m. to 9:00 a.m. and 2:30 p.m. to 4:30 p.m.), 40 miles per hour at all other times. (e) From station 905+45 (east city limits of Euless, being also the city limits of Fort Worth) westerly 0.752 miles to station 865+74 (being approximately 450 feet east of Main Street), 40 miles per hour. ,,,.. (f) From station 387+33.31 (Main Street) westerly 1.017 miles (west city limits of Euless) to station 333+61.70, 40 miles per hour. State Highway 183 Main lanes: (a) From the west city limits at station 670+00, northeasterly to 1.650 miles northeast of the west city limits, 60 miles per hour (day), 55 miles per hour (night). (b) From 1.650 miles northeast of the west city limits northeasterly to 3.409 miles northeast of the west city limits, 50 miles per hour. (c) From 3.409 miles northeast of the west city limits northeasterly to 3.597 miles northeast of the east city limits, 45 miles per hour. (d) From 3.597 miles northeast of the west city limits northeasterly to 3.786 miles northeast of the west city .�� Supp. No.6 1022.2 § 14-66 TRAFFIC § 14-66 limits, at a designated school crossing zone, during school hours and while a portable school warning sign is placed along said 0.189 mile strip of highway, 35 miles per hour. At other than school hours, the speed limit along said 0.189 mile strip of highway shall be 45 miles per hour. (e) From 3.786 miles northeast of the west city limits easterly to 2.688 miles west of the east city limits of Euless, 45 miles per hour. (f) From 2.688 miles west of the east city limits easterly to 2.299 miles west of the east city limits, 50 miles per hour. (g) From 2.299 miles west of the east city limits of Euless, easterly to the east city limits at station 1015+88.3, 60 miles per hour (day), 55 miles per hour (night). Eastbound Lane only: (a) From station 677+28 (west city limits of Euless, being also the city limits of Hurst) easterly 1.567 miles to station 760+00 (approximately 700 feet west of Pamela Drive), 50 miles per hour. (b) From station 760+00 easterly 2.424 miles to station 888+00 (approximately 100 feet east of Dickey Drive), 45 miles per hour. (c) From station 888+00 easterly 0.330 mile to station 905+45 (east city limits of Euless, being also the city limits of Fort Worth), 50 miles per hour. (d) School crossing—From station 827+00 (just east of Ridgecrest Drive) easterly 0.436 mile to station 850+00 (just west of Martha Street), at 35 miles per hour when so signed for school crossing, 45 miles per hour all other times. Westbound lane only: (a) From station 905+45 (east city limits of Euless, being also the city limits of Fort Worth) westerly 0.502 mile to station 878+95 (approximately 250 feet east of Millican Drive) at 50 miles per hour; Supp.No.6 1022.3 § 14-66 EULESS CODE § 14-66 (b) From station 878+95 westerly 2.253 miles to station 760+00(approximately 700 feet west of Pamela Drive) at 45 miles per hour; (c) From station 760+00 westerly 1.567 miles to station 677+28 (west city limits of Euless, being also the city limits of Hurst) at 50 miles per hour. (d) School crossing—From station 850+00 (just west of Martha Street) westerly 0.436 mile to station 827+00 (just east of Ridgecrest Drive), 35 miles per hour when so signed for school crossing, 45 miles per hour all other times. Frontage roads: (a) From the beginning of the frontage roads at station 852+32, easterly 0.478 mile to the end of the frontage roads at station 877+53.5, 30 miles per hour. North Industrial Boulevard (a) From station 200+82 (north city limits of Euless,being also the south city limits of Grapevine) southerly 1.746 miles to station 293+00, 55 miles per hour. (b) From station 293+00 southerly 0.606 mile to station 325+00, 50 miles per hour. (c) From station 325+00 southerly 1.679 miles to station 413.63 (south city limits of Euless, being also the city limits of Fort Worth), 45 miles per hour. (d) School crossing—From station 330+00 (500 feet north of Midway Drive) southerly 0.348 mile to station 348+40 (260 feet south of Trojan Trail), 35 miles per hour when so signed for school crossing, 45 miles per hour all other times. (Ord. No. 129, § 1, 5-24-60; Ord. No. 421, § 1, 3-14-72; Ord. No. 534, § 1, 12-13-77; Ord. No. 542, § 1, 4-11-78; Ord. No. 551, § 1, 7-25-78; Ord. No. 555, § 1, 9-26-78; Ord. No. 562, § 1, 2-27-79) Editor's note—A portion of§ 1 of Ord. No. 534, adopted Dec. 13, 1977, designated as amendatory of § 14-65, has been codified as being Supp. No.6 1022.4 § 14-66 TRAFFIC § 14-68 amendatory of § 14-66 for purposes of classification. Ord. No. 542, § 1, adopted April 11, 1978; Ord. No. 551, § 1, adopted July 25, 1978; Ord. No. 555, § 1, adopted Sept. 26, 1978; and Ord. No. 562, § 1, adopted Feb. 27, 1979; did not specifically admend the Code, hence their codification as being amendatory of§ 14-66 was at the editor's discretion. Sec. 14-67. Drive on right side of roadway. Upon all roadways, the driver of a vehicle shall drive upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle pro- ceeding in the same direction under the. rules governing such movement; (2) When the right half of a roadway is closed to traffic while under construction or repair; (3) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway designated and signposted for one-way traffic. (Ord. No. 116, § 23, 8-11-59) Sec. 14-68. Driving on roadways laned for traffic. Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: Supp. No.6 1022.5 Chapter 16 WATER AND SEWERS* Art. I. In General, §§ 16-1-16-20 Art. II. Industrial Wastes,§§ 16-21-16-24 ARTICLE I. IN GENERAL Sec. 16-1. Rules, regulations, policies and pro- cedures. (a) The rules, regulations, policies and procedures for the operation, maintenance, improvements and extensions of the municipally owned water and sewerage system on file in the office of the city secretary are hereby adopted and shall hereafter be enforced by the officers of the city. (b) Sections 3(a) and 3(b) of the rules, regulations, policies and procedures for the operation, maintenance, improve- -- ment and extension of the municipally owned water and sewerage system as adopted in subsection (a) are hereby amended by the adoption of revised city-developer agree- ment, developers' cash escrow, contractors' performance, payment and maintenance bonds, along with contracts, forms, copies of which revised forms are on file in the office *Editor's note-Ord.No.568,§7,adopted March 27,1979,repealed Ord. No.258, §§ 1-3,adopted July 29,1965;Ord.No.358,§§ 1-3,adopted July 19,1969;Ord.No.378,§§ 1,2,adopted June 23,1970;Ord.No.469,§§ 1-4, adopted May 14, 1974; Ord. No. 472, § 1, adopted May 28, 1974; and Ord. No. 525, § 1, adopted Sept. 13, 1977; from which former §§ 16-2-16-5, 16-7-16-11, 16-21-16-24 were derived. Former § 16-6, bearing no history note and pertaining to water meter deposits, has been deleted as having been superseded by § 2 of Ord. No. 568. Sections 1-6 of Ord. No. 568 enacted provisions designated by the editor as §§ 16-2-16-14, 16-21-16- 24. Charter reference-Authority,Art. XI. State law references-Authority generally, V.T.C.S. art. 1175(11, 13, 14, 15, 29, 30); Texas Water Quality Act, art. 7621d-1; Solid Waste Disposal Act, art. 4477-7. Supp. No.6 1159 § 16-1 EULESS CODE § 16-2 of the city secretary and are by reference incorporated herein. The same shall hereafter be those forms required by the city in utility extension procedures. (Ord. No. 275, § 1, 3-22-66; Ord. No. 290, § I, 10-11-66) Sec. 16-2. Definitions. Abnormal sewage: Any industrial waste having a total suspended solids or BOD content in excess of that found in normal domestic wastewater but which is otherwise acceptable into a public sewer under the terms of this chapter. Abnormal sewage permit: A permit approved by and received from the director permitting the discharge or deposit of abnormal sewage into a sanitary sewer upon payment of the surcharge. Abnormal sewage surcharge: The charge levied against any person for service rendered during treatment of abnormal sanitary sewage or waste. This charge is in addition to the usual monthly charge for sanitary sewerage service. Average quality: The arithmetic average (weighted by flow value) of all the daily determinations of concentrations made during a calendar month. Daily determinations of concentrations made using a composite sample shall be the concentration of the composite sample. When grab samples are used, the daily determination of concentration shall be the arithmetic average (weighted by flow value) of all the samples collected during the calendar day. Biochemical oxygen demand (BOD): The quantity of oxygen by weight, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade. BOD strength index: The measure of the biochemical oxygen demand content of sewage in parts per million (milligrams per liter). Supp. No.6 1160 § 16-2 WATER AND SEWERS § 16-2 Boundary (or alongsite) facilities: Those water and/or sanitary sewer facilities located in a street, alley or easement that are common to, or between two (2) or more tracts of land of different ownership such that the one facility serves more than one tract of land. City: The City of Euless, Texas. City service line: That portion of the water line from the distribution main to within eight (8) feet of the property line of the property being served; length of service line not to exceed one hundred (100) feet. Commercial customer class: Those customers operating a business other than apartments and that do not classify as industrial customers. Cooling water: That water which is discharged from any system of condensation such as air conditioning, cooling or refrigeration. Cooling water shall not be discharged into any public sewer unless it is unpolluted and below one hundred fifty (150) degrees Fahrenheit. Daily composite quality: The concentration of a sample consisting of a minimum of three (3) grab samples of effluent collected at regular intervals over a normal operating day and combined proportionally to flow over a normal operating day. Developer and/or subdivider: The terms "developer" and/or "subdivider" are synonymous and used interchange- ably and shall include any person, partnership, firm, association, corporation and/or officer, agent, employee, servant and trustee thereof who does, or participates in the doing, of any act toward the subdivision of land. Director: The director of public works or his authorized representative. Engineer: A person duly authorized under the provisions of the Texas Engineering Act, to practice the profession of engineering in the State of Texas. Garbage: Solid waste from domestic or commercial preparation, cooking or dispersing of food or from the handling, storage and sale of produce. Supp. No.6 1161 § 16-2 EULESS CODE § 16-2 /••••,, Grab sample quality: The concentration of an individual sample of effluent collected in less than fifteen (15) minutes. Hazardous metals: The following metals in its elemental state and any of its compounds expressed as that metal: arsenic, barium, cadmium, chromium, copper, lead, man- ganese, mercury, nickel, selenium, silver and zinc. Industrial customer class: Those customers whose sewage contains wastewater from a product manufactured, pro- cessed or fabricated by the customer served. Industrial waste: Any and all liquid or waterborne waste from industrial or commercial processes and does not include domestic sewage. Industrial waste permit: A permit to deposit or discharge industrial waste into any sanitary sewer belonging to the City of Euless. Inland waters : All surface waters in the state other than "tidal waters" which is defined herein. Inspector: The representative of the City of Euless who is specifically assigned to inspect any or all parts of the water and sanitary sewer system, particularly new subdivision extensions, but who is without authority to revise, alter or revoke the requirements of the rules, regulations, policies and procedures of the city or the approved contract documents for the job. Such inspection, or lack of inspection, will not relieve the contractor from any obligation to perform the work in accordance with the requirements of the contract documents and/or applicable city, county and state codes. Living unit: A residential unit providing complete, independent, living facilities for one family, including permanent provisions for living, sleeping, cooking, eating and sanitation. Multiple customer: A group of single customers served by one or more single water taps and one or more sewer connections. Supp. No.6 1162 § 16-2 WATER AND SEWERS § 16-2 Normal sewage: Sewage which, when analyzed, shows by weight a daily average of not more than twenty-five hundred (2500) pounds per million gallons (three hundred (300) parts per million) of suspended solids and not more than twenty-five hundred (2500) pounds per million gallons (three hundred (300) parts per million) of BOD,and which is otherwise acceptable into a public sewer under the terms of this Code. Off-site facilities: The water and/or sanitary sewer mains located outside the boundaries of, and not contiguous with, the area of development except by point of contact, but that are required to join the development to the prior existing system. On-site facilities:Those water and/or sanitary sewer mains situated within or surrounded by a single development. Generally, all discussions of facilities will pertain to on-site facilities unless they are specifically denoted to be the "off-site" or boundary facilities. Over size cost: The difference in cost between the main built and the cost of the size main determined to be the minimum size required to serve the subdivision as deter- mined by the city engineer and/or master water and sewer plans. The minimum size main upon which over size cost shall be determined shall be eight (8) inches. Owner or occupant: The person, firm or public or private corporation, using the lot, parcel of land, building or premises connected to the water and/or sanitary sewage system of the City of Euless, and discharging sewage, industrial wastewater or liquid into the sanitary sewage system of the city, and who pays. Person: Any person, firm, association of persons or corporation, including a public, private or municipal corporation. pH: The logarithm of the reciprocal of the weight of hydrogen ions, in grams per liter of solution measured and calculated in accordance with "Standard Methods." Supp.No.6 1163 § 16-2 EULESS CODE § 16-2 Polluted water or waste: Any water or liquid waste containing any of the following: phenols or other substances to an extent imparting taste and odor in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; noxious or odorous gases; more than ten thousand (10,000) parts per million, by weight, of dissolved solids, of which more than two thousand five hundred (2,500) parts per million are chloride; more than ten (10) parts per million each of suspended solids and/or BOD; color exceeding fifty (50) parts per million, or having a pH value of less than 5.5 or more than 10.0; and/or any water or waste not approved for discharge into a stream or waterway by the appropriate state authority. Properly shredded garbage: Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension. Public sewer: All and any publicly owned sanitary sewer, storm drain or watercourse that has been dedicated to the public. Residential customer class: Those customers which constitute a living unit as defined herein. Sanitary sewer:A publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage. Sewage treatment plant: Any arrangement of devices or structures used for treating sewage. Sewer service: That portion of the connecting sewer located in the roadway, street, alley or easement between the sewer main and the right-of-way line or property line and shall consist of the service wye, tee, manhole or tapping saddle and the required length of service pipe. Single customer: A customer with a water tap and sewer tap that serves one single family or one single business. S.S. strength index: The measure of the suspended solids content of sewage in parts per million (milligrams per liter). Supp. No. 6 1164 § 16-2 WATER AND SEWERS § 16-2 Standard methods: "Standard Methods for the Examina- tion of Water and Wastewater" prepared and published jointly by the American Public Health Association, Ameri- can Waterworks Association and the Water Pollution Control Federation, 12th Edition, Second Printing, March, 1966. Standard size sewer main: A sanitary sewer main six (6) inches or larger in diameter. Standard size water main: A water main six (6) inches in diameter when the main is not required to serve more than two (2) fire hydrants; otherwise, standard mains shall be eight (8) inches or larger to provide standard fire protection as recognized by the National Board of Fire Underwriters. Standard specifications: The revised standard specifica- tions for water and sewer improvements as stated in the rules, regulations, policies and procedures of the City of Euless and the standard requirements as required by the Subdivision Ordinance of the City of Euless. Strength index: Both the biochemical oxygen demand index and the suspended solids strength index. Subdivision:The division of any lot, tract or parcel of land into two (2) or more parts. Suspended solids: Solids that either float on the surface of or suspended in water, sewage or other liquid and which are removable by laboratory filtering. Tidal waters: Those waters of the Gulf of Mexico within the jurisdiction of the State of Texas, bays and estuaries thereto and those portions of the river systems which are subject to the ebb and flow of the tides and to the instrusion of marine waters. Unpolluted water or waste: Any water or liquid waste containing none of the following: phenols or other sub- stances to an extent imparting taste and odor in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; noxious or odorous gases; not more than ten thousand (10,000) parts per million, by Supp. No. 6 1165 § 16-2 EULESS CODE § 16-4 weight, of dissolved solids, of which not more than two thousand five hundred (2,500) parts per million are chloride; not more than ten (10) parts per million each of suspended solids and BOD; color not exceeding fifty (50) parts per million, nor a pH value of less than 5.5 nor higher than 10.0 and/or any water or waste approved for discharge into a stream or waterway by the appropriate state authority. Wastewater: Water that has been used by and discharged from an industry, commercial enterprise, household or other water consumer, which water may be polluted or unpolluted. Water department:The terms"water department,""water- works," or "water utilities department" as used in this chapter shall mean the City of Euless waterworks systems and mains, and all other works of the city directly connected therewith, and all plants, properties and appliances incident to, or connected with, the operation of said water department, and shall include the sanitary sewerage system up to its connections with the T.R.A. sewer system. (Ord. No. 568, § 1, 3-27-79; Ord. No. 578, § 1, 7-10-79) Sec. 16-3. Number of units allowed per connection. Hotels, motels, office buildings, tourist courts, trailer parks, duplex and apartment buildings shall be allowed more than one unit per water meter. All other customers must have one meter and one sewer connection per residence, business or consumer. (Ord. No. 568, § 2, 3-27-79) Sec. 16-4. Connection fees. (a) Water. Prior to receiving service, each consumer shall, upon being connected to the system, pay the following connection fees: Size of service Connection (inches) fee Meter fee 3A $ 95.00 $ 45.00 1 105.00 90.00 11/2 190.00 190.00 2 305.00 495.00 Supp. No. 6 1166 § 16-4 WATER AND SEWERS § 16-6 In case of material increase, installation shall not be less than material cost plus fifteen (15) percent. (b) Sewer. Sewer connection fees shall be paid solely for the privilege of connecting to the system. The cost of installing such connection shall be borne by the user. The fee shall be one hundred fifty dollars ($150.00). (Ord. No. 568, § 2, 3-27-79) Sec. 16-5. Water deposits. All applicants for water service will be required to make a meter deposit (payment security deposit) for each water service connection; such deposit to remain with the city throughout the term of the service contract. (a) The deposit for residential customers who have not been disconnected for nonpayment shall be fifteen dollars ($15.00). Each family living unit shall be considered to be a separate water and/or sewer customer. The deposit shall be fifteen dollars ($15.00) per unit. (b) Deposits for commercial customers shall not be less than twenty-five dollars ($25.00) and shall be calculated to equal the multiple of five dollars ($5.00) nearest the estimated average monthly billing for the particular type of customer involved. Calculation shall be based on water, sewer and garbage monthly billing. (c) Deposits shall be refunded, or in the event a balance is due, applied against the final bill for services required upon termination of the contract. The city will not pay interest on meter deposit funds. (Ord. No. 568, § 2, 3-27-79) Sec. 16-6. Schedule of monthly rates. The schedule of monthly rates for water, sewer, abnormal sewage surcharge and industrial cost recovery charge is as follows: Supp. No.6 1167 § 16-6 EULESS CODE § 16-6 Water Service For All Users Number of Charge within Charge outside gallons corporate limits corporate limits First 2,000 $6.00 (minimum) $7.00 (minimum) Next 11,000 1.00 per 1,000 gal. 1.00 per 1,000 gal. Next 17,000 0.85 per 1,000 gal. 0.85 per 1,000 gal. All over 30,000 0.75 per 1,000 gal. 0.75 per 1,000 gal. Sewer Service—Residential The sewer service charge for residential customers shall be based on ninety (90) percent of metered water. Sewer service charges shall be based on ninety (90) percent of a maximum of twelve thousand (12,000) gallons of metered water per billing period per living unit. The monthly minimum per living unit shall be as follows: (a) Within the corporate limits, three dollars and twenty cents ($3.20) plus forty-five cents ($0.45) per one thousand (1,000) gallons of ninety (90) percent of ^` metered water. (b) Outside the corporate limits, four dollars ($4.00) plus forty-five cents ($0.45) per one thousand (1,000) gallons of ninety (90) percent of metered water. Sewer Service—Commercial and Industrial Commercial and industrial sewer charges shall be based on one hundred (100) per cent of metered water. The rates are: minimum within city limits—three dollars and twenty cents ($3.20) plus forty-five cents ($0.45) per one thousand (1,000) gallons; minimum outside city limits—four dollars ($4.00) plus forty-five cents ($0.45) per one thousand (1,000) gallons of metered water. The following provisions apply to all commercial and industrial customers. (a) Customers that show proof that a significant portion of metered water does not enter the sanitary sewer shall not be billed for that portion that does not enter the sanitary sewer. Supp. No.6 1168 § 16-6 WATER AND SEWERS § 16-8 (b) Monitored group class customers shall be billed according to section 16-10. (c) Industrial cost recovery group customers shall be billed according to this section plus the additional charges in section 16-24(c) as required. (Ord. No. 568, § 2, 3-27-79) Sec. 16-7. Billing. Each month's charges shall be due and payable on or before the tenth (10th) day after the date of the bill; in the event such charges are not paid within ten (10) days from the date of the bill, a penalty shall be added in the amount of ten (10) percent of the past due amount. Receipt of a check that is dishonered shall be deemed nonpayment, and there shall be an additional bad check service charge of three dollars ($3.00). (Ord. No. 568, § 2, 3-27-79) Sec. 16-8. Delinquent notice; hearing; termination of water service; reconnection. (a) In the event that any month's charges shall remain delinquent at the time of a subsequent billing, the user or customer with said delinquent account shall receive a delinquent notice to be mailed not later than ten (10) days after the preparation of the second or subsequent billing. (b) The city manager shall appoint a city utility hearing officer who shall serve in that capacity at the pleasure of the city manager. The city utility hearing officer shall be empowered to resolve billing errors in advance of any scheduled date of service termination. Any user or customer shall be entitled to a pretermination hearing before the utility hearing officer prior to the cutoff date specified in the deliquent notice. It will be the duty of the utility hearing officer to determine that customers are not overcharged or charged with services not rendered. (c) If the bill is not paid or other disposition made within fifteen (15) days of the date of the delinquent notice, water service will be terminated. Supp. No. 6 1169 § 16-8 EULESS CODE § 16-10 (d) Where services have been disconnected for nonpay- ment, there shall be a charge of two dollars ($2.00) for reconnection, an additional deposit of five dollars ($5.00), and full payment of outstanding bill before reconnection of service. (Ord. No. 568, § 2, 3-27-79) Sec. 16-9. Change of location by customer. Customers moving or changing locations must pay all debts from previous addresses before receiving service at a new location. The deposit at an address cannot be changed to another name for the purpose of receiving service without paying outstanding debts. (Ord. No. 568, § 2, 3-27-79) Sec. 16-10. Monitored group class. (a) The director of public works shall establish a monitored group class, consisting of those customers whose wastewater strength is, in his judgement, abnormally high or low, and charges to customers in this class shall be computed in accord with the following five (5) part rate schedule: Customer monthly service charge $3.20 Volume charge 0.45 per 1,000 gallons BOD strength charge 0.0392 per pound of BOD Suspended solids strength charge 0 0139 per pound of Suspended Solids Monitoring charge Total cost to City of Euless (b) The monitoring charge shall consist of all cost for personnel, material and equipment used to collect and analyze samples from the customer wastewater to determine the strength of the wastewater produced. The monitored customer's wastewater shall be tested a minimum of once per year, but may be tested on a more frequent basis if deemed necessary by the director of public works, or if the monitored customer requests more frequent testing. (c) This schedule shall replace all other charges previously made for industrial waste strength. (Ord. No. 568, § 2, 3-27-79) Supp. No.6 1170 § 16-11 WATER AND SEWERS § 16-20 Sec. 16-11. Sewage service outside city limits. No sewer service shall be provided to any customer outside the city except on specifically expressed consent by the city council. (Ord. No. 568, § 2, 3-27-79) Sec. 16-12. Other sources of water. All customers connected to the sanitary sewerage system who have a source of water supply that is in addition to, or in lieu of, the City of Euless water supply must have a meter approved and tested by the City of Euless on that source of water supply and the volume charge as set forth hereinbe- fore shall be based on the sum of the volumes delivered by all sources of supply. Such method of volume determination will not be applicable if the customer installs a meter approved by the City of Euless on the wastewater produced by the customer before it enters the city sanitary sewer. (Ord. No. 568, § 2, 3-27-79) Sec. 16-13. Theft of city services. �.� It will be considered theft of city services to take water from the water system, or dump anything into the city sanitary sewer system unless all requirements of this chapter pertaining to city services are complied with. (Ord. No. 568, § 2, 3-27-79) Sec. 16-14. Mayor's emergency power. In the event of deficient water pressure or deficient water reserves, the mayor is authorized and empowered without further council action to declare by proclamation any measures deemed necessary to restore water pressure or reserves, including a total and complete prohibition of all outside water usage. (Ord. No. 568, § 2, 3-27-79) Secs. 16-15-16-20. Reserved. Supp. No.6 1171 § 16-21 EULESS CODE § 16-21 ARTICLE II. INDUSTRIAL WASTES Sec. 16-21. Certain discharges prohibited. (a) It shall be unlawful for any person to discharge or cause to be discharged any polluted water or corrosive waste into any storm drain or watercourse within the city. (b) No person shall discharge or cause to be discharged any storm water, groundwater, roof runoff, subsurface drainage, or drainage from downspouts, yard drains, yard fountains and ponds, or lawn sprays into any sanitary sewer, except as provided by the city code. Water from swimming pools and unpolluted industrial water such as water drains, blow-off pipes or cooling water from various equipment shall not be discharged into sanitary sewers. (c) No person shall discharge or cause to be discharged into any public sewer any of the following described substances, materials, waters or waste: (1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees centigrade). (2) Any water or waste which contains wax, grease or oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between thirty- two (32) degrees to one hundred fifty (150) degrees Fahrenheit. (3) Flammable or explosive liquid, solid or gas such as gasoline, kerosene, benzene, naphtha, etc. (4) Solid or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference with proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues or bulk solids. Supp.No.6 1172 § 16-21 WATER AND SEWERS § 16-21 (5) Any garbage that has not been properly comminuted or shredded, then it may be accepted if suitably pretreated. (6) Any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life, or which can form solids in concentration exceeding limits established in this chapter, or which creates any other condition deleteri- ous to structures or treatment processes, or which requires unusual provisions, attention or expense to handle such material. (7) No person shall discharge or cause to be discharged into any public sewer any of the following, except in quantities or concentrations, or with provisions as stipulated herein: a. Free or emulsified oil and grease exceeding one hundred (100) parts per million (eight hundred thirty-four (834) pounds per million gallons) of either or both, or combinations thereof. b. Acids or alkalies which attack or corrode sewers or sewage disposal structures or have a pH value lower than 5.5 or higher than 10.0. c. Salts of a heavy metal in solution or suspension in concentrations exceeding the following: Chromium 5.0 mg/1 Copper 1.0 mg/1 Zinc 5.0 mg/1 Nickel 1.0 mg/1 Cadmium 0.02 mg/1 Arsenic 0.05 mg/1 Barium 5.0 mg/1 Boron 1.0 mg/1 Lead 0.1 mg/1 Manganese 1.0 mg/1 Mercury 0.005 mg/1 Selenium 0.02 mg/1 Silver 0.1 mg/1 Supp. No. 6 1173 § 16-21 EULESS CODE § 16-21 or elements which will damage collection facilities or are detrimental to treatment processes. 1. The allowable concentration of each of the hazardous metals, stated in terms of milli- grams per liter, for discharge to inland water are as follows: Not To Exceed Daily Grab Metal Average composite samples Arsenic 0.1 0.2 0.3 Barium 1.0 2.0 4.0 Cadmium 0.05 0.1 0.2 Chromium 0.5 1.0 2.0 Copper 0.5 1.0 2.0 Lead 0.5 1.0 1.5 Manganese 1.0 2.0 3.0 Mercury 0.005 0.005 0.01 Nickel 1.0 2.0 3.0 Selenium 0.05 0.1 0.2 - Silver 0.05 0.1 0.2 Zinc 1.0 2.0 6.0 2. The allowable concentrations of each of the hazardous metals, stated in terms of milli- grams per liter, for discharge to tidal waters are as follows: Not To Exceed Daily Grab Metal Average composite samples Arsenic 0.1 0.2 0.3 Barium 1.0 2.0 4.0 Cadmium 0.1 0.2 0.3 Chromium 0.5 1.0 5.0 Copper 0.5 1.0 2.0 Lead 0.5 1.0 1.5 Manganese 1.0 2.0 3.0 Mercury 0.005 0.005 0.01 Nickel 1.0 2.0 3.0 Selenium 0.1 0.2 0.3 Silver 0.05 0.1 0.2 Zinc 1.0 2.0 6.0 Supp.No.6 1174 § 16-21 WATER AND SEWERS § 16-21 3. The attainment of the specified levels simply by dilution, in the absence of treatment (that is, by use of extraneous or other wastewater intermixed to dilute a particular discharge) is specifically prohibited. The mercury level in the effluent stream from the facility in which a waste containing mercury originates shall be measured after treatment and before any extraneous water or wastewater from any source has been added. 4. Test procedures for the analyses of hazardous metals shall comply with any procedures specified in the rules or regulations of the board and shall conform to regulations published pursuant to Section 3.04(g) of the Federal Water Pollution Control Act Amend- ments of 1972. In the event a question arises concerning sampling and analysis, the execu- tive director shall authorize or approve the method or methods of sampling and analysis to be used in measuring or calculating the quantity of a hazardous metal in an effluent. 5. The commission may require more stringent quality levels than those set forth in section 16-21(c)(7)C.1.,2. where necessary to insure protection of the water in the state. 6. This section is directed towards discharges into surface waters in the state. Nevertheless, the board is equally interested in protection of the quality of groundwater subchapter where practicable and necessary, in order to protect the quality of groundwaters. 7. Where waste discharge permits specify efflu- ent limitations for any of the hazardous metals named in this section, the quality levels stated in section 16-21(c)(7)C.1.,2. shall not apply to the particular discharge with respect to the particular metals specifically Supp. No.6 1175 § 16-21 EULESS CODE § 16-22 regulated in the correspondence waste dis- charge permit. 8. Every waste discharge permit which is in effect on December 31, 1975, is hereby amended to incorporate the terms of this section with respect to each of the hazardous metals named in this section except as provided in section 16-21(c)(7)C.7. In all waste discharge permits which the commission may issue or amend the quality levels specified in this subchapter shall apply where the com- mission does not establish specific effluent limitations regulating the particular metal. (8) Cyanide or cyanogen compounds in excess of two (2) parts per million by weight as CN. (9) Any water or waste that contains more than ten (10) parts per million of the following gases: hydrogen sulfide, sulphur dioxide or nitrous oxide. �~ (10) Radioactive materials, in the absence of a specific permit issued by the director for the discharge of such waste. (Ord. No. 568, § 4, 3-27-79; Ord. No. 578, § 2, 7-10-79) Sec. 16-22. Special procedures relating to industrial waste. (a) Permits. From and after the effective date hereof, it shall be unlawful for any person to deposit or discharge industrial waste into any sanitary sewer in the city without having first obtained an industrial waste permit from the City of Euless and having complied with all of the applicable provisions hereof. After the effective date hereof, any person desiring to deposit or discharge, or who is now depositing or discharging industrial waste into any sanitary sewer in the city shall make application to the chief building inspector for a permit. Application forms will be furnished by the chief building inspector on request. The chief building inspectior shall refer all such applications to the director for his approval or disapproval. The director shall Supp. No.6 1176 § 16-22 WATER AND SEWERS § 16-22 approve such applications and grant an industrial waste permit only when the evidence submitted by the applicant demonstrates that the waste or wastewater to be deposited by the applicant in the sanitary sewer will comply with all the regulations of this Code. (b) Structures required.After the effective date hereof,any person discharging industrial waste into a sanitary sewer in the city shall construct a suitable control manhole downstream from any treatment or storage tanks or other approved works utilized by such person for pretreatment, such control manhole to be for the purpose of facilitating observations, measurements and sampling of all waste created and discharged by such person. The control manhole shall be constructed at a location and in a manner approved by the director. The control manhole shall be constructed and installed at the expense of the person discharging the waste, and it shall be maintained at the expense of such person at all times in a safe, acceptable and proper operating condition. (c) Disconnection. If any person depositing or discharging industrial waste into the sanitary sewer fails to secure an industrial waste permit within the time prescribed herein or if any person allows or causes waste of unacceptable quality under the requirements of this section of the Code to be discharged into any sanitary sewer in the city, the director is authorized, if such person is using city water, to disconnect such person's service line from the city water system and/or the city sanitary sewer system and the same shall only be reconnected at the owner's expense. If such person does not use city water, the director is authorized to disconnect such person's service line from the city's sanitary sewer system and the same shall only be reconnected at the owner's expense. The director shall notify the occupant or user of the premises where the waste is generated twenty-four (24) hours before disconnecting the service line. No sanitary sewer connection or water connection discon- nected hereunder shall be reconnected until the condition causing the disconnection has been corrected. Supp. No.6 1177 § 16-22 EULESS CODE § 16-22 (d) Inspection. The inspectors, agents or representatives of the City of Euless charged with the enforcement of this section of the Code shall be deemed to be performing a governmental function for the benefit of the general public and neither the City of Euless, the director nor the individual inspector, agent or representative shall ever be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The owners or occupants of premises where industrial waste is created or discharged into the sanitary sewer shall allow the director, his inspectors, agents or representatives free access at all reasonable times to all parts of such premises for the purpose of inspecting or sampling or the performance of any of their duties hereunder, and the failure or refusal of such owners or occupant to comply with this provision shall be grounds for the disconnection of water and/or sewer service. (e) Measurement of flow. The volume of flow used in computing sewage service charges shall be based upon metered water consumption as shown in the records of meter readings maintained by the Euless Water Depart- ment. In the event that a person discharging waste into the city's sanitary sewer system produces evidence to the director demonstrating that a substantial portion of the total amount of water used for all purposes does not reach the city's sewer system, an estimated percentage of total water consumption to be used in computing charges may be established by the director. Any person discharging industrial waste into the sanitary sewers of the city who procures any part or all of his water supply from sources other than the Euless Water Department, all or part of which is discharged into the sanitary sewer, shall install and maintain at his expense water meters of the type approved by the director for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the director. Where it can be shown to the satisfaction of the director that a substantial portion of the water as measured by the Supp. No.6 1178 § 16-22 WATER AND SEWERS § 16-23 `�- aforesaid meter or meters does not enter the sanitary sewer system of the city, then the director may require or permit the installation of additional meters at the owner's expense in such manner as to measure the quantity of water actually entering the said sanitary sewerage system from the lot, parcel of land, building or premises of such owner or occupant, and the quantity of water used to determine the sewer service charge may be the quantity of water actually entering the sewerage system as so determined, if the director so elects. If the director finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, he shall determine the quantity or quality of the waste in any manner or method he may find practicable in order to arrive at the percentage of water entering the sanitary sewerage system of the city and/or the quality of the sewage to be used to determine the sewer service charge. (f) Determining the character and concentration of waste. The industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic inspection and sampling as aften as may be deemed necessary by the director. Samples shall be collected in such manner as to be representative of the character and concentration of the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in the Standard Methods. The determination of the character and concentration of industrial waste shall be made by the director at such times and on such schedules as may be established by the director. Should an owner or occupant discharging industrial waste to the sanitary sewers desire a determination of the quality of such industrial waste be made at some time other than that scheduled by the director, such special determination may be made by the director at the expense of the owner or occupant discharging the waste. (Ord. No. 568, § 5, 3-27-79) Sec. 16-23. Pretreatment. (a) Owners or occupants or any other person, generating waste prohibited from discharge into public sewers by the Supp. No.6 1179 § 16-23 EULESS CODE § 16-24 foregoing shall pretreat or otherwise dispose of such prohibited waste so as to make the waste discharged to the public sewer acceptable under the standards established in this chapter. (b) It shall be the responsibility of any person, owner or occupant discharging wastes into the sanitary sewerage system of the city to furnish the director with drawings or plans and specifications in such detail as he may require to determine if the pretreatment structure planned by such person, or in use by such person, is suitable for the purpose intended. However, the approval of such plans by the director will in no way relieve such person of the responsibility for modifying the structure once constructed as necessary to produce an effluent acceptable to the director under the terms of this section. (Ord. No. 568, § 6, 3-27-79) Sec. 16-24. Industrial cost recovery. (a) Construction costs. In providing a waste treatment system which includes the treatment of industrial wastes, either independently or in conjunction with other wastes, the Euless Water Department shall have the authority to collect from such industrial users all or any part of the construction costs of such waste treatment system reason- ably attributed to such industrial wastes. The apportion- ment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee, periodic charges, or in other manners or combinations thereof as in the judgment of the director of public works is equitable and will assure such industrial cost recovery. Implementation of industrial cost recovery shall be contingent on notification of apportionment and actual billing by the Trinity River Authority and as mandated by state or federal requirements. (b) Industrial user. An industrial user is any nongovern- mental user of the City of Euless's sanitary sewage system, identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: Supp. No.6 1180 § 16-24 WATER AND SEWERS § 16-24 (1) Division A - Agriculture, forestry and fishing (2) Division B - Mining (3) Division D - Manufacturing (4) Division E - Transportation, communications, elec- tric, gas and sanitary services (5) Division I - Services Any industrial user may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. (c) Annual recovery. The annual amount to be recovered from each industrial user shall be predicated on the following formula: AxDG + BEH + CEI = J = Annual Payment in dollars per year where: A = eligible federal grant allocable to flow (Q) in dollars. B = eligible federal grant allocable to BOD, in dollars. C = eligible federal grant allocable to SS in dollars. D = total design flow (Q), in 1,000 gal. per day. E = total design BOD, in lbs. per day. F = total design SS, in lbs. per day. G = industrial users' flow discharge to system, in 1,000 gal. per day. H = industrial users' BOD discharge to system, in lbs. per day. I = industrial users' SS discharge to system, in lbs. per day. J = amortization period of 30 years. (d) Cost recovery period. For the purpose of computing the industrial user's annual payment, a cost recovery period of thirty (30) years is hereby established. (e) Monthly billing. The industrial user shall be billed monthly on the basis of his computed annual industrial cost recovery payment divided by twelve (12). Supp. No. 6 1181 § 16-24 EULESS CODE § 16-24 (f) Industrial cost recovery fund. Funds collected under industrial cost recovery shall be deposited into a special fund entitled "Industrial Cost Recovery Fund," which is hereby established. On an annual basis, one hundred (100) percent of the amounts recovered, together with interest earned thereon, shall be returned to the governmental agency responsible for treatment of such industrial waste. (g) Annual review. Industrial users shall be reviewed annually by the City of Euless for quantity and strength of waste, and the industrial cost recovery adjusted according- ly. (Ord. No. 568, § 3, 3-27-79) Supp. No.6 [The next page is 1215] 1182 CODE COMPARATIVE TABLE Section Ord.No. Date Section this Code 394 2-23-71 I 2-8 II 2-9 403 7-27-71 1 4-1,4-2 406 8-10-71 1 6-1 2 6-68 3-5 6-2-6-4 412 10-26-71 Art. I, §§ 1, 2 15-45 3 15-46 4 15-47 5 15-45 6 15-48 7 15-49 8 15-45 II, 1-3 15-50-15-52 III, 1 15-53 IV, 1-3 15-54-15-56 R-297 12-14-71 2-4-2-7 421 3-14-72 1 14-66 429 7-11-72 1(a) 14-1 1(b) 14-15 436 11-28-72 1-12 10-141-10-152 14 10-155 ��� 439 2-13-73 1 10-141(b), (e) 2 10-146 4 10-153 5 10-154 7 10-155 441 4-10-75 I—XIV 10-115-10-128 443 4-10-73 Arts. I—XI 2-51-2-61 445 4-24-73 Arts. I,II 5-1,5-2 Art. III 5-1 (note) Art. IV 5-3 449 7-24-73 1-3 2'/2-2 452 8-14-73 1-3 7-73-7-75 4 7-84 5-12 7-76-7-83 453 8-14-73 Arts. I, II 4-62(3) 454 8-14-73 1-4 21/2-1 455 9-11-73 1-16 8-59-8-74 465 2-12-74 1-5 7-25-7-29 7 7-30 466 3-12-74 Adopting Ord. p. ix 469 5-14-74 1-4 16-21-16-24 472 5-28-74 1 16-3 474 7-20-74 1-5 2-11 Supp. No.6 1469 EULESS CODE Ord. Section No. Date Section this Code 475 7-20-74 1 12-2(b) 481 2-25-75 2-53 485 4-22-75 1-4 5-4 489 6-24-75 1 4-2 2 App. B, § 22 494 11-25-75 3-23 496 11-25-75 2-11 498 1-27-76 Arts. I—XI 2-51-2-68 500 3-23-76 Art. I Rpld 3-1-3-4, 3-20-3-26, 3-30-3-41 Added 3-1-3-35 501 3-23-76 1 4-72 2 4-75 502 3-27-76 1, 2 5-1 503 3-23-76 App. B, § 47 504 3-23-76 4-1 505 3-23-76 1-7 4-132-4-138 513 12-14-76 1 3-5 522 9-13-77 1 5-1 525 9-13-77 1 16-3 �� 527 11- 8-77 1 7-3 534 12-13-77 1 14-65(a), (b) 539 3-14-78 1 App. B, § 100 2 App. B, § 103 3 App. B, § 109 4 App. B, § 112 541 3-28-78 1 Rpld 7-57, 7-58 2 7-75-7-79 542 4-11-78 1 14-65(c) 545 5-23-78 1 6-1 2-4 6-71-6-73 5 6-66 547 6-27-78 1 App. B, § 9 550 7-25-78 1 App. B, § 9 551 7-25-78 1 14-65(d) 555 9-26-78 1 14-66 562 2-27-79 1 14-66 568 3-27-79 1-6 Added 16-2-16-14, 16-21-16-24 7 Rpld 16-2-16-11, 16-21-16-24 576 7-10-79 41/2-1-4 1/2-8, 41/2-21-41/2-33, 41/2-41-41/2-70 578 7-10-79 1 16-2 2 16-21 ^� Supp. No. 6 1470 CODE INDEX BUILDINGS—Cont'd. Section Required 4-20 Utility companies, arrangement with 4-21 Streets, repair 4-29 Owner defined re 1-3 Park structures. See: Parks and Recreation Permits Code amendments 4-2 Electricity. See that title Moving buildings. See within this title that subject Signs and billboards. See that title Swimming pools. See that title Plans and specifications Code amendments 4-2 Plumbing and gas fitting. See that title Prohibited noises enumerated. See: Noises Signs and billboards. See also that title Code amendments re inspections, etc. 4-2 Structures in parks. See: Parks and Recreation Street regulations applicable to. See: Streets and Side- walks Swimming pools. See that title Uniform building code. See hereinabove: Code(s) Use or occupancy 4-2 Wiring Minimum acceptable grade 4-75 BUMS, TRAMPS, WANDERERS,ETC. Vagrancy provisions applicable to. See: Vagrancy BURNING Garbage and trash. See that title BUSINESSES Licenses and permits. See that title C CABLE TELEVISION Access programming facilities 41/2-62 Agreements with subscribers City approval required 41/2-45 Annexations Inclusion of annexed territory in franchise area 41/2-57 Bond requirements 41/2-28 Business office Maintaining; operational standards 41/2-33 CATV advisory board Authority to establish; membership;terms; duties 41/2-32 Complaints by subscribers Supp. No. 6 1503 EULESS CODE CABLE TELEVISION—Cont'd. Section Office for receiving; response;hearings 41/2-33 Compliance FCC standards and local, state and federal laws 41/2-41 Other laws and regulations 41/2-6 Technical codes,compliance with 41/2-42 Confidentiality of subscriber data 41/2-58 Acquisition of data without authorization prohibited 41/2-59 Definitions 41/2-2 Emergency override 41/2-65 FCC standards, compliance with 41/2-41 Foreclosure; receivership 41/2-70 Franchise Application Authority to prescribe form of 41/2-21 Area of Annexations 41/2-57 Map indicating 41/2-54 Review of 41/2-55 Service outside of 41/2-56 Authorized 41/2-3 Cancellation and termination 41/2-24 Duration of 41/2-4,41/2-22 Exclusivity 41/2-22 Fees 41/2-30 Renegotiation 41/2-23 Renewal 41/2-22 Required 41/2-22 Revocation Purchase of system by city upon revocation 41/2-25 Transferability or assignment 41/2-26 Rights subject to police powers 41/2-5 Hub system, use of required 41/2-63 Interconnections 41/2-64 Inspections City's right to inspect business records,etc 41/2-33 Insurance and indemnification 41/2-29 Local,state and federal laws Compliance with 41/2-41 Office Maintaining for receipt of complaints and requests for repairs,etc. 41/2-33 Operation regulations. See within this title specific subjects Public property Conditions for use of 41/2-61 Purchase of system upon revocation of franchise 41/2-25 Transferability or assignment 41/2-26 Supp. No. 6 1504 CODE INDEX CABLE TELEVISION—Cont'd. Section Radiation Stray radiation 41/2-68 Rates and charges Advance charges and deposits 41/2-50 City council approval of rates required 41/2-47 Disconnection,no charge for 41/2-53 Installation and reconnection charges 41/2-52 Nonpayment by subscriber,disconnection for 41/2-53 Rebate of monthly fee for service interruptions 41/2-51 Requests for rate changes 41/2-48 Review of rates 41/2-47 Records and reports 41/2-31 City's right to inspect 41/2-33 Regulatory entity CATV advisory board,authority to establish 41/2-32 Repair and trouble-shooting force Response to subscriber complaints or service requests . 41/2-33 Requests for service RF switch; installation upon subscriber request 4 V2-67 RF switch;converter with parental lock 41/2-67 Security fund 41/2-27 Service Continuity of 4 V2-25 Interruption of service;rebate of monthly fee 41/2-51 Time table for commencing 41/2-44 Unreasonable requests for Standards for judging 41/2-44 Severability 41/2-7 Short title 41/2-1 Solicitation of subscribers City approval of materials 41/2-45 Standby power 41/2-66 Subscribers Agreements and solicitation materials City approval required 41/2-45 Date concerning Acquisition of without authorization prohibited 41/2-59 Confidentiality of 41/2-58 Copy of data for subscriber required 4 V2-60 Time table for commencing operations and service 4 V2-44 Use of public property 41/2-61 User classes and divisions 41/2-46 Violations;penalties 41/2-8 Additional penalties for certain breaches 41/2-69 CALLING AND TRADES Licenses and permits. See that title Supp. No. 6 1504.1 EULESS CODE CAMPING Section Permits for camping in parks. See: Parks and Recreation CANVASSERS Peddlers,canvassers and solicitors. See that title CARCASSES Disposal of heavy dead animals. See: Garbage and Trash CARTS Traffic regulations. See: Traffic CEMETERIES Funeral processions. See:Traffic CHICKENS Animals and fowl. See that title CHIEF OF POLICE. See: Police Department CHILDREN. See: Minors CHIMNEYS Air pollution control. See that title CHURCHES Alcoholic beverage establishments Proximity of to churches, schools, etc. See: Alcoholic Beverages Poolroom proximity. See: Poolrooms and Billiard Parlors Prohibited noises enumerated. See: Noises CIGARETTE VENDING MACHINES Coin-operated machines and devices. See that title CITY Defined 1-3 CITY CODE. See: Code of Ordinances CITY COUNCIL Defined 1-3 Municipal courts Duties re. See: Municipal Courts CITY LICENSES. See: Licenses and Permits CITY MANAGER Definitions 1-3 CITY OFFICERS. See: Officers and Employees CITY SECRETARY Definitions 1-3 Supp. No. 6 s� 1504.2 CODE INDEX �,. CIVIL SERVICE SYSTEM Section Civil service commission Chairman 2-54 Established 2-53 Definitions 2-52 Employment requisites 2-56 Exemptions from rules, regulations 2-58 Political activity of employees 2-59 Prohibited acts 2-60 Supp. No.6 1504.3 CODE INDEX ELECTRICITY—Cont'd. Section Power of arrest 4-89 Right-of-entry 4-89 Journeyman's licenses. See within this title: Licenses Licenses Allowing illegal use of 4-103 Apprentice's licenses 4-99 Contractors 4-96 Bond 4-97 Master's and journeyman's licenses 4-98 Electrical board 4-95 Examination Date,setting 4-104 Passing grade, appeals 4-104 Investigation of applicant 4-104 Licensee named as certified 4-102 Recognition of licenses issued by other cities 4-100 Renewal 4-101 Master's licenses. See within this title: Licenses Meter installation specifications 4-74 National electrical code Code. See within this title that subject Old work, approval. See within this title: Inspector Permits Applications 4-111 Completion of another's work 4-114 Dual permits prohibited 4-114 Exceptions 4-110 Fees Inspection fees 4-113 Schedule 4-12 Issuance No authority to commit violation under 4-115 Required 4-110 Transferability 4-114 Plants Inspection 4-83 Purpose of provisions 4-70 Reinspection fee 4-113 Service entrance panels Accessibility, prohibited locations 4-73 Signs to conform to electrical code. See: Signs and Billboards Subdivision improvements. See: Subdivisions Violations Permit issuance,no authority to commit 4-115 ELEVATED STRUCTURES Parking on. See: Traffic Supp. No. 6 1509 EULESS CODE EMBALMING ESTABLISHMENTS Section Funeral procession regulations. See: Traffic Vehicles for hire (ambulances). See that title EMERGENCIES Water and sewers. See that title EMERGENCY VEHICLES Authroized emergency vehicles. See: Traffic Vehicles for hire (ambulances). See that title EMPLOYEES. See: Officers and Employees EULESS, CITY OF. See: Municipality EXCAVATIONS Parking by. See: Traffic Prohibited noises enumerated. See: Noises Street openings. See: Streets and Sidewalks EXHAUST DISCHARGES Prohibited noises enumerated. See: Noises EXPLOSIVES AND BLASTING AGENTS Fire prevention regulations. See: Fire Prevention Fireworks. See that title F FALSE WEIGHTS. See: Weights and Measures FENCES,WALLS, HEDGES AND ENCLOSURES Park fences, etc. See: Parks and Recreation Park property,destruction,etc. See: Parks and Recreation Swimming pool enclosures. See: Swimming Pools FIDUCIARIES Person defined re 1-3 FINANCES Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Taxation. See that title FILLING STATIONS Driving through. See:Traffic Transportation, handling of volatiles, etc. See: Fire Prevention Wholesale accumulations of refuse. See: Garbage and Trash Supp. No.6 1510 CODE INDEX FIRE PREVENTION—Cont'd. Section Storage, handling and transportation of volatiles Compliance with provisions 6-61 Definitions 6-60 Flammables, classification 6-62 Plumbing requirements 6-65 Service stations Pumps and distribution 6-64 Tanks, underground tanks,etc. 6-63 Transportation, handling and storage of volatiles. See within this title that subject Transportation, storage, handling of volatiles Fire control 6-67 Mobile service units 6-68 Service stations Attendants or supervision of dispensing 6-66 Fire control 6-67 Mobile service units prohibited 6-68 Plumbing requirements 6-65 Pumps and distribution 6-64 Tanks, piping, underground pipes,etc. 6-63 Storing and warehousing 6-70 Transport vehicles 6-69 Trash accumulation as nuisance 6-9 Volatiles Transportation, handling, storage. See within this title: Transportation, Handling, Storage of Volatiles FIREARMS AND WEAPONS Definitions • 11-13 Discharging 11-14 FIRES Arrest of suspicious persons at. See: Fire Department Fire department. See that title Fire marshal. See that title Fire prevention. See that title FIREWORKS Definitions 6-6 Discharge, use, exploding,possession 6-8 Manufacture, storage, sale, distribution 6-7 FIRMS Persons defined re 1-3 FLOOD LANDS Subdividing. See: Subdivisions FLUES Air pollution control. See that title Supp. Nu.6 1513 EULESS CODE FOLLOWING. See: Preceding,Following FOOD AND FOOD SERVICES Eating and drinking establishments. See that title FOOD PEDDLERS Health certificates. See: Peddlers, Canvassers and Solici- tors FOOD VENDING MACHINES Coin-operated machines and devices. See that title FORFEITURES. See: Fines,Forfeitures and Penalties FORTUNETELLERS Vagrancy provisions applicable to. See: Vagrancy FOWL. See: Animals and Fowl FRANCHISES Cable television. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code FREEWAYS Traffic regulations. See: Traffic FRUITS AND VEGETABLES Food peddlers. See: Peddlers, Canvassers and Solicitors FUMES,EMISSION Air pollution control. See that title Mufflers on vehicles. See: Traffic FUNERAL HOMES Vehicles for hire (ambulances). See that title FUNERAL PROCESSIONS Traffic regulations. See: Traffic FUNGICIDES Pest control operators using poison. See: Pest Control Operators G GAMBLING Bookmaking. See that title Poolroom restrictions. See: Poolrooms and Billiard Parlors Vagrancy provisions applicable to. See: Vagrancy Supp.No.6 1514 CODE INDEX LICENSES AND PERMITS—Cont'd. Section Emergencies 10-6 Exemptions 10-5 Prohibited merchandise 10-3 Prohibited services 10-4 Contractors Electrical contractors'licenses. See: Electricity Dogs. See: Animals and Fowl Door-to-door salesmen. See: Peddlers, Canvassers and Solicitors Eating and drinking establishments. See that title Electrical work,permits for. See: Electricity Electricians, electrical contractors, etc. See: Electricity Fire extinguisher sales and service. See: Fire Prevention Food peddlers health certificates. See: Peddlers, Canvas- sers and Solicitors Garage sales. See: Occasional or Garage Sales Hawkers, hawking, etc. See: Peddlers, Canvassers and Solicitors Health certificate for food peddlers. See: Peddlers, Canvassers and Solicitors Industrial waste permit. See: Water and Sewers Supp.No.6 1520.1 CODE INDEX SUBDIVISIONS (Appendix B)—Cont'd. Section Storm sewers Improvements. See within this title that subject Storm water design standards Bridges 111 Storm drains 111 Catch basins 104 Curb height 101 Ditches and channels 109 Drainage features and policies 103 Offsite drainage 112 Easements, etc.,for drainage structures 110 Height of curb where water directed 108 Maximum water depth 102 Method of measuring 100 Offsite drainage 112 Street grades 105 Valley gutters 106 Water dumped from street into watercourse 107 Street grades, storm drainage 105 Streets Improvements. See within this title that subject Taxes,assessments,etc. Payment required before approval of subdivision 22 Utility easements 40 Utilities Refusal of plat approval for inadequate utilities 21 Water and sewers Improvements. See within this title that subject Water carryoff. See within this title: Storm Water Design Standards Water dumped from street into watercourse 107 SUNDAYS Sale restrictions. See: Licenses and Permits SUPPLEMENTS Supplementation of code. See: Code of Ordinances SURVEYS,MAPS AND PLATS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Subdivision plats. See: Subdivisions SWEAR OR SWORN. See: Oath, Affirmation, Swear or Sworn SWIMMING POOLS Bathers with communicable diseases 8-44 Supp. No.6 1539 EULESS CODE ,--,, SWIMMING POOLS—Cont'd. Section Construction permit and approval 8-41 Building permits in general. See: Buildings Definitions 8-40 Disease control 8-44 Enclosures 8-42 Indecent exposure. See: Indecency and Obscenity Municipal swimming pools. See Parks and Recreation Interfering with enjoyment of 8-46 Safety of bathers 8-43 Sanitation of premises 8-45 State department of health Compliance with requirements 8-48 Unhealthful practices,conduct 8-44 Unnecessary noise 8-47 SWINE Livestock at large. See: Animals and Fowl T TARRANT COUNTY. See: County TAXATION �-..,, Ad valorem taxation Homestead exemption for persons sixty-five years of age or over Application for 5-2 Exclusions 5-3 Granted 5-1 Interest and penalties 5-4 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code TAXICABS. See: Vehicles for Hire (taxicabs,etc.) TELEVISION Cable television. See that title TENANT IN COMMON,PARTNERSHIP,ETC. Owner defined re 1-3 TENSE Word usage for interpreting code 1-3 TEXAS, STATE OF. See: State Supp.No.6 ^, 1540 CODE INDEX VEHICLES FOR HIRE (Taxicabs,etc.)—Cont'd. Section Substituting and adding vehicles 15-26 Transfer 15-26 Use of vehicle without 15-35 Condition of vehicle 15-32 Definitions 15-20 Driver's permit Application 15-30 Driver to display license and permit 15-31 Required 15-30 Term 15-30 Holding out vehicles as taxicab without authority 15-35 Licenses Certificate of public convenience and necessity. See within this title that subject Driver's permit. See within this title that subject Required 15-22, 15-28 Use of taxicab without authority 15-35 Patronage,soliciting, etc. 15-34 Penalties 15-37 Permits Driver's permit. See within this title that subject Soliciting 15-34 Street rentals 15-29 Street, waiting on 15-33 Trip records 15-36 Vehicle condition 15-32 Waiting on streets 15-33 VEHICLES FOR HIRE (Wreckers and tow trucks) Accidents City employees required to make no recommendations. 15-56 No wrecker at scene unless called by police 15-54 Soliciting business at 15-55 Business,soliciting 15-55 No recommendation by city employees 15-56 Permits Application requirements 15-46 Bond of applicant 15-47 Display 15-45(c) Expiration 15-45(b) Fees 15-45(b) Issuance 15-48 Required 15-45 Revocation 15-49 Scope 15-45(a) Service required of wrecker operators 15-53 Transferability 15-45(b) Vehicle requirements 15-48 Supp.No.6 1555 EULESS CODE VEHICLES FIR HIRE(Wreckers and Tow Trucks)—Cont'd Section Police pull form Abandoned vehicles 15-52 Completing where vehicle driver present 15-51 Determination of necessity, etc 15-51 Required service 15-53 Solicitation of wrecker business 15-55 Traffic accident regulations. See: Traffic Vehicle requirements 15-48 Wrecker pull form 15-50 VENDING MACHINES Coin-operated machines and devices. See that title VENDORS Peddlers,canvassers and solicitors. See that title VERMIN Pest control operators. See that title VIADUCTS Traffic regulations. See: Traffic VIOLATIONS General penalties for violations of code. See: Code of Ordinances —� Offenses. See that title VOLATILES Transportation,handling,etc. See: Fire Prevention w WAGERING Bookmaking. See that title WANDERERS OR STROLLERS Vagrancy provisions applicable to. See: Vagrancy WARDENS Animal warden. See: Animals and Fowl WATCHMEN Private detectives and special officers. See that title WATER AND SEWERS Billing and payment Change of location by customer Payment of outstanding debts prerequisite for service 16-9 Delinquent notice; hearings; termination of water service;reconnection 16-8 Supp.No.6 1556 CODE INDEX �.r WATER AND SEWERS—Cont'd. Section Due date for bills; penalty for late payments and dishonered checks 16-7 Connection Fees 16-4 Number of units allowed per connection 16-3 Definitions 16-2 Deposits Water deposits 16-5 Emergency powers of mayor 16-14 Extending utility facilities without authority. See: Streets and Sidewalks Industrial wastes Certain discharges prohibited 16-21 Character and concentration of waste, determining 16-22(f) Disconnection Discharging unacceptable waste; failure to obtain permits 16-22(c) Industrial cost recovery 16-24 Inspection 16-22(d) Measurement of flow 16-22(e) Permit Failure to obtain;disconnection for 16-22(c) Required; applications; issuance 16-22(a) Pretreatment 16-23 Special procedures relating to 16-22 Structures required 16-22(b) Rates and charges Billing and payment. See within this title that subject Monitored group class of customers Adjustment of charges for abnormally high or low waste water strength 16-10 Schedule of monthly rates 16-6 Rules, regulations, policies and procedures 16-1 Sewage service Outside city limits 16-11 Subdivision improvements. See: Subdivisions Swimming pools. See that title Theft of city services 16-13 Utility provisions, other. See: Utilities Waste water Abnormally high or low strength Adjustment of charges 16-10 Water supply and distribution Other sources of water 16-12 WATERCOURSES Subdivision drainage. See: Subdivisions Supp. No.6 1557 EULESS CODE WEAPONS. See: Firearms and Weapons Section WEEDS AND BRUSH Abatement of nuisances. See within this title: Nuisances Duty to keep property clear 7-27 Failure to comply Abatement of nuisances. See within this title: Nuisances Maximum height 7-27 Niusances Abatement of nuisances Collection of abatement cost 7-29 Failure to comply; notification 7-28 Declared 7-26 Presumption of public nuisance 7-27 Person,defined 7-25 Public nuisances. See within this title: Nuisances Violations, penalty 7-30 Fire prevention code, etc. See: Fire Prevention Littering, other regulations re. See: Garbage and Trash WEIGHTS AND MEASURES Itinerant vendors, misrepresentations of. See: Peddlers, Canvassers and Solicitors WELFARE Vagrancy provisions applicable to. See: Vagrancy WHISTLES Prohibited noises enumerated. See: Noises WORDS AND PHRASES General definitions and rules of construction 1-3 WRECKERS. See: Vehicles for Hire (Wreckers and tow trucks) WRITS,WARRANTS AND OTHER PROCESSES Air pollution control enforcement provisions. See: Air Pollution Control Electrical inspector, hindering, power of arrest, etc. See: Electricity Fire marshal authority. See: Fire Marshal WRITTEN OR IN WRITING Definitions 1-3 Y YEAR Defined 1-3 YELLING, SHOUTING AND HOOTING Prohibited noises enumerated. See: Noises Supp. No.6 1558