Ordinance 1986-17ORDINANCE NO. 86-17
AN ORDINANCE OF THE CITY OF GILROY ENACTING
CHAPTER 19, ARTICLE VIII, OF THE GILROY CITY
CODE PERTAINING TO SEWER OVERUSE PENALTIES.
WHERY~tS, the City Administrator has requested enact-
ment of a sewer overuse ordinance so that effective control
of sewer capacity can be pursued in the City of Gilroy, and
good cause appearing therefore,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES ORDAIN AS FOLLOWS:
SECTION I. Chapter 19, Article VIII, of the Gilroy
City Code is enacted to read as follows:
CHAPTER 19
ARTICLE VIII, SEWER OVERUSE PENALTIES
Sec. 19.115 PUrchase of caPacity.
All owners or developers of commercial or industrial property
shall purchase a daily allocation for sewer capacity for each
such developed property in the city on such terms and conditions
as may be established from time to time by council resolution.
Sec. 19.116 Usage allowed.
The city shall monitor, by means of city approved water or
sewer meters, sewer usage of each commercial and industrial user
on a monthly basis.
The monthly sewer usage allowed shall be computed by multiplying
the sewer allocation purchased times the number of days in the
respective month, and averaged each month over the past four months
period.
Sec. 19.117 Underuse.
If the average use so determined is consistently less than
the allocation purchased, the owner may sell the excess capacity
back to the city at the original purchase price, or retain that
amount for growth or expansion.
ORDINANCE NO. 86-17 -1-
Sec. 19.118 Overuse.
If the average use so determined is greater than the
allocation purchased, the city shall, at the time of the first
overuse, notify the owner in writing, warning of the overage
and a warning of the penalty rates imposed in the following
paragraphs. If the usage is not reduced to the capacity
purchased within one month, the penalties shall apply.
The owner may purchase additional sewer capacity allocations,
if available.
Sec. 19.119 Overuse penalties.
(a) if the average usage is not reduced to the capacity
purchased during the next month after the warning is given,
the rates for the OVerage for sewer for the following month
shall be ten (10) times the normal usage rate.
(b) If the average usage is not reduced to the capacity
purchased during the next and ensuing months, the rate for the
overage for sewer shall be one hundred (!00) times the normal
usage rate as long as tbs overuse continues.
SECTION II. Ail other ordinances and parts of ordinances
in conflict herewith are hereby repealed.
SECTION III. This ordinance shall take effect and be in
full force thirty (30) days from and after its adoption and
approval.
PASSED AND ADOPTED this 15th day of September 1986 by the
following vote;
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILME~BERS: NONE
MayOr L,/
ORDINANCE NO. 86-17 -2-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 86-17 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 15th day of September ,
19 86 , at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 3rd day of October ,
19 86 .
(Seal)