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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)