HomeMy WebLinkAbout1996-05-07 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING
City of Stephenville - City Council
TUESDAY, MAY 7,1996 - 7:00 PAL
The City Council of the City of Stephenville, Texas, convened on May 7, 1996, at 7:00 p.m.,
in the Council Chambers at City Hall, 354 N. Belknap Street, for the purpose of a General Business
Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time,
place and subject thereof, having been posted as prescribed by Chapter 551, Government Code,
Vernon's Texas Codes Annotated, with the following members present, to wit:
Mayor
Councilmembers:
Others Attending:
-L CALL TO ORDER
Lavinia Lohrmann
Jim McCray
Barbara Terrell
Darrell W. Brown
Joel Hillin
Scott Evans
John Pollan
Billy Bob Hodges
Bill Corbin
Don Davis, City Administrator
Cindy L. Stafford, City Secretary
Randy Thomas, City Attorney
Mayor Lohrmann called the meeting to order at 7:00 p.m. and declared a quorum
present.
H. PLANNING AND ZONING COMMISSION
A. PUBLIC HEARINGS
Consider rezoning Lots 11A, 11, 112, 13; Block 146, City Addition from R-1
"Single- Family Dwelling District" to R -3 "Multiple -Family Residential District ".
Mayor Lohrmann announced the opening of a public hearing for the purpose of
rezoning Lots 11A, 11, 12, 13; Block 146; City Addition from R -1 "Single - Family
Dwelling District" to R -3 "Multiple Family Residential District ".
City Administrator Don Davis reported on behalf of the Planning and Zoning
Commission concerning this issue and stated that the Commission recommends the
rezoning of said lots.
General Business Meeting — May 7, 1996
Sneaking in Favor of the Rezoning:
Eugene Boone, President of Foster Home for Children, owner of the subject property,
thanked the Council for the opportunity to resubmit this request for rezoning. He
stated that a public hearing was held on March 7, 1996 at which meeting, the architect
and consultants for this project were present in order to answer questions and address
concerns which were presented by residents living in the area of the subject property
and also citizens interested in the project. He stated that Foster Home for Children
would still like to build an independent, full- service, living/retirement center. He
stated that he thought it would benefit the community as well as Foster Home.
During questions by the Council, Boone stated that the back wall of the structure
would be approximately 70 feet from their property line, and a 16 foot alley lies
beyond that. Boone stated that the retirement facility will employ ten to twelve firll-
time employees. He also stated that the number of apartments had been reduced from
93 to 80.
Speaking in Opposition of the Rezoning:
Roland Barkholtz, 201 Maple Lane, Stephenville, Texas, stated that "the residents
of the Wedgewood community consistently, emphatically, and in unison have agreed
that we do not want a three -story building towering over us as we sit in our backyards
and neighborhood." In other comments, Barkholtz alleged that Stephenville Empire -
Tribune editor, Lee Leschper was the apparent "mouthpiece" for Eugene Boone and
that Leschper made disparaging remarks about those residents opposed to this
rezoning.
Kenneth Currier, 215 Maple Lane, Stephenville, Texas, stated that his concern is over
the size of the building proposed to be constructed; and, because of its size, no one
would want it in their backyard. He contended that this request constituted spot
zoning.
During the question period, Councilmember Terrell clarified that each piece of zoning
is considered separately and is not prejudiced by property previously zoned.
Currier went on to say that the residents of Wedgewood Subdivision are not opposed
to the retirement center and were only opposed to the size of the building- -three -story
building.
Bob Irons, 213 Maple Lane, Stephenville, Texas, echoed the statement of Currier that
most of the residents in the neighborhood are not opposed to a retirement center
being built. He stated that for the 10 or 15 houses that abut the subject property, their
quality of life would be changed completely by the construction of a 35 -foot tall
building behind their houses.
General Business Meeting — May 7, 1996
Rebuttals in Favor of the Rezonin
I Eugene Boone told the Council that he would like to make clear that he has not
spoken with Lee Leschper concerning this issue since the last hearing. He said that
he did speak with Leschper prior to the first hearing. Boone fiuther said, in response
to Currier's concerns over the size of the building, that he did not believe the building
would be obtrusive to the adjoining neighbors.
Rebuttals in Opposition of the Rezoning:
Roland Barkholtz told the Council he believed the building of this retirement center
would lower their property values, increase noise from employees, visitors, city
services, and would bring more garbage flying through the neighborhood.
Kenneth Currier restated his previous argument by saying this is spot zoning.
L. B. Chambers, 211 Maple Lane, Stephenville, Texas, stated that the proposed
retirement center would block the view of adjoining neighbors.
Mayor Lohrmann closed the Public Hearing.
Councilmember Evans moved to adopt Ordinance No. 1996 -10 rezoning Lots 11A,
11, 12,13; Block 146, City Addition from R -1 "Single - Family Dwelling District" to
R -3 "Multiple - Family Residential District ". Councilmember Hillin seconded the
motion, and it passed by a unanimous roll call vote.
Consider approval of planned development of 2.5 acres located between the
Kingland Subdivision and River North I Subdivision off of the Lingleville Road
(FM8)•
Mayor Lohrmann announced the opening of a public hearing for the purpose of
considering a planned development of 2.5 acres located between the Kingland
Subdivision and River North I Subdivision off of the Lingleville Road (FM8).
Sneaking in Favor of the Issue:
Mdse Waters 1210 Meadowlark, Stephenville, Texas, stated that he is the developer
of the subject property. The property is owned by Thomas Darrell Sullivan. He
reported to the Council that this 2:5 acres is a very narrow tract of land - -300 feet
wide. The property has little value for use as typical residential development, which
is the reason for requesting the planned development designation. The developer and
owner plan to develop the property into "garden style homes ", which are single - family
dwellings but have small lots. These will be marketed to people who wish to have a
nice home but do not want to maintain a large lawn. The subdivision will provide a
General Boinem Meeting —May 7, 1996
homeowner's association that will contract for lawn care. The houses will be built as
custom homes from a selection of five house plans, and the size varies from 1100-
1493 square feet. Each home is planned to have three bedrooms, two bathrooms, and
a two -car garage.
Speaking in Opposition to the Issue: No one.
There was no rebuttal either in favor or in opposition.
Mayor Lohrmann closed the public hearing.
Councilmember Evans moved to approve Ordinance No. 1996 -11 allowing for the
planned development of 2.5 acres located between the Y%ingland Subdivision and
River North I Subdivision off of the Lingleville Road (FM 8). Councilmember
Hodges seconded the motion which passed by unanimous roll call vote.
B. CONSIDER FINAL PLAT OF LOTS 1, 2, 3; BLOCK 161, CITY
ADDITION, ERATH COUNTY, TEXAS
City Administrator Davis reported to the Council that the Planning and Zoning
Commission is recommends approval of this final plat. He pointed out that there is
a small irregularity in the plat in that the proposed extension of Frey Street is
considered as an area that building would be prohibited. The proposed buyer of
Lot 3 have agreed that upon purchase of this property, to bring this matter back and
dedicate the 50 feet as a public right -of -way which will then allow for the extension
of Frey Street.
Councilmember Evans moved to approve the final plat ofLots 1, 2, and 3; Block 161,
City Addition. Councilmember McCray seconded the motion which passed by
unanimous vote.
III. ROBERT BURNS, SPRINT/UNITED TELEPHONE TO DISCUSS
EXPANDED LOCAL CALLING SERVICE
Robert Burns, Community Relations Manager for SprinYUnited Telephone, addressed
the Council in order to update the Council on the ELC surcharge. He made available
to each councilmember the Standing Rules of the Public Utility Commission which
governs - expanded local calling. Burns explained that Sprint/United serves 59
telephone exchanges in Texas; and of those 59 exchanges, 43 have filed for expanded
local calling. Seven other towns have also begun this process. He cited that state law
says the telephone company can charge the customers in a participating telephone
exchange a maximum of $3.50 per residential customer and $7.00 per business. It
fiuther provides that if the telephone company has a shortfall in revenue because of
lost toll revenue and because of expenses incurred in providing the service, the only
General Business Meeting — May 7, 1996
way to recoup the additional loss above the $3.50 and $7.00 charge is to provide an
ELC surcharge to the remaining customers in the state who are not participating in
the ELC plan. Bums stated that Sprint/United (SM is currently losing approximately
$3.4 million a year, and S/U has proposed to the Texas Public Utility Commission that
they effect an ELC surcharge to their non - participating communities of $2.40. This
charge will be effective on May 1, 1996.
Councilmember Pollan made the motion to authorize staff, and more specifically, the
City Administrator to monitor the financial aspects of action taken in connection with
Expanded Local Calling surcharge. Councilmember Corbin seconded the motion,
which passed by unanimous vote.
IV. CONSIDER THE APPROVAL OF AN ORDINANCE AUTHORIZING THE
ISSUANCE OF COMBINATION TAX AND REVENUE CERTIFICATES OF
OBLIGATION
James Sabonis with First Southwest Company reported to the Council that nine bids
had been received on the financing of the $2 million bond issue. Included in the
bidders were Wall Street firms, regional investment banking firms, and national banks.
The low bidder was First Tennessee Bank that bid 5.48903% effective interest rate.
Sabonis stated that, as the City's financial adviser, First Southwest is very pleasantly
surprised by the number of bids, the variety of bids, and the results; and First
Southwest, therefore, recommends First Tennessee Bank. Sabonis reminded the
Council of the "A" rating it received from credit analysts, Moody's and Standard and
Poor's. The key areas that credit analysts gauge are 1) management planning, 2)
financial operations, 3) debt levels, and 4) economic pace. The City of Stephenville
received only positive results in each of these four areas.
Councilmember Evans moved to approve Ordinance No. 1996 -12 authorizing the
issuance of certificates of obligation in the amount of $2 million. Councilmember
McCray seconded the motion which carried by unanimous vote.
V. WATER PLANNING COMMITTEE
A. Authorize Negotiations with Operation Management Incorporated for
Contract Management of Wastewater Treatment Plant
Councilmember Evans reminded the Council that the Water Planning Committee has
been studying the idea of contracting out the operation of the City's Wastewater
Treatment Plan. Three companies were interviewed, and Operation Management
Incorporated was the Committee's choice of those interviewed. Councilmember
Corbin commented on his work with Bob Self and Lynn Hughes which was to visit
and examine three wastewater treatment plants. Following these three visits and other
visits made by Bob Self and Lynn Hughes, OMI was rated number one for its
operation techniques.
General Business Meeting — May 7, 1996
4, F3'
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Operators Lynn Hughes, Justin Landers, and Justin Grote gave the Council their
opinions on the subject of contract operations and OMI in particular. These three
operators agree with the Committee's recommendation for contract operation.
Councilmember Evans made the motion to authorize staff to enter into negotiations
with Operation Management Incorporated. Councilmember Corbin seconded the
motion, which passed by unanimous vote.
B. Approve the Industrial Waste Pretreatment Program
Councilmember Evans moved to adopt Resolution No. 1996 -4 revising the industrial
pretreatment program as contained in NPDES Wastewater Permit No. TX0024228.
Councilmember Hodges seconded the motion, which passed by unanimous vote.
C. Approve an Ordinance Amending Chapter 19 of the Code of Ordinances
of the City of Stephenville Regulating the Disposal of Waste and Sewage
Councihember Evans moved to approve Ordinance No. 1996 -13 amending Chapter
19 of the Code of Ordinance Councilmember Corbin seconded the motion, which
passed by unanimous vote.
D. Approve an Ordinance to Provide for an Industrial Waste Surcharge for
B.O.D. and T.S.S. Concentration above that of Normal Domestic Sewage
Councilmember Evans moved to approve Ordinance No. 1996 -14 providing for an
industrial waste surcharge for B.O.D. and T. S. S. concentration above that of normal
domestic sewage, such surcharge to be $o.16 cents per pound for B.O.D. and $0.15
cents per pound for T.S.S. Councilmember Idillin seconded the motion, which passed
by unanimous vote.
VL NOMINATIONS COMMITTEE
A. Approve Nominees for Annexation Committee
Councilmember Terrell reported on the Nominations Committee recommendations
for member of the Annexation Committee. Terrell moved that David Tomlinson, Alan
Nix, Dottie Corbin, Carolyn Moore, Marc McEndree, Danny Hodges, Ron Burk,
James Wood, and Joe Bob Huddleston be approved as members of the Annexation
Committee. Councilmember Brown seconded the motion, which passed by
unanimous vote.
General Business Meeting— May 7, 1996
B. Approve Job Description for Annexation Committee
Terrell then read the following job description for this Committee:
To determine the feasibility and desirability of expanding the existing city boundaries
by:
Becoming familiar with the City of Stephenville Comprehensive Plan 1990-
2010, general annexation guidelines, state laws governing annexation, and
basic criteria relative to annexation by Home Rule cities,
2. Evaluating areas surrounding Stephenville to be considered for annexation,
3. Determining the most desirable condition under which the City should pursue
annexation, and
4. Conducting a costibenefit study to determine the possible financial
asset/burden that proposed annexed land might be to the City.
Findings and recommendations of the Committee will be made to the Planning and
Zoning Commission for review and study. The Commission will then make a
recommendation to the City Council.
Councilmember Terrell moved that the above job description be approved for this
Committee. Councilmember McCray seconded the motion, which passed by
unanimous vote.
VII. APPROVE AN ORDINANCE PROVIDING AN AMENDED BUDGET FOR
THE REMAINDER OF THE FISCAL YEAR BEGINNING OCTOBER 1, 1995
AND ENDING SEPTEMBER 30,1996
Councilmember Evans moved that Ordinance No. 1996 -15 amending the budget for
the remainder of the 1995 -1996 fiscal year be approved. Councilmember Brown
seconded the motion, which passed by unanimous vote.
Mayor Lohrmann read the items on the Consent Agenda. Councilmember Pollan
requested that Item `B. Bid Specification- -Front Mount Mower" be removed from
the Consent Agenda. City Administrator Don Davis explained that since the City has
been under contract mowing for about one month, it has given Community Services
Director, Ronnie Isham an opportunity to evaluate the mowing services. Isham would
like to continue under the present situation and determine at a later date if it is
necessary to purchase a front -mount mower. This would be about a one -year delay.
General Business Meeting —May 7, 1996
Councilmember Evans moved to approve the Consent Agenda with Item `B. Bid
Specification- -Front Mount Mower" being removed:
VIII. CONSENT AGENDA
A. Approval of Minutes
1. Citizen's Discussion and Regular Business Meeting on April 2,
1996
2. Special Council Meeting on April 16, 1996
B. BID SPECIFICATION - -Front Mount Mower
C. LONE STAR GAS FRANCHISE
Councilmember Brown seconded the motion to approve the Consent Agenda, and the motion carried
by unanimous roll call vote.
IX. CITY ADMINISTRATOR'S REPORT
City Administrator Don Davis pointed out the results of the City Auction, which was
held on April 24, 1996. The City netted $8,600.00 from the sale.
X. CONSIDER A RESOLUTION CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF THE CITY GENERAL ELECTION HELD
ON MAY 4,1996
Mayor Lohrmann appointed Councilmembers Darrell Brown, Jim McCray, and Joel
Hillin as the committee to canvass the results of the City General Election held on
May 4, 1996, with Darrell Brown to chair the committee.
The Canvassing Committee reported that they had canvassed the results and the Tally
Sheet, and have determined them to be correct.
Councilmember Brown stated that Resolution No. 1996 -5 declaring that John Pollan,
Barbara Terrell, Marshall Shelton, Billy Bob Hodges, and Bill Corbin had been duly
elected to their respective seats on the City Council in the City General Election held
on May 4, 1996. (Resolution attached to and becoming a part of these minutes.)
Councilmember Brown moved that the Council accept Resolution No. 1996 -5 setting
out the results of the May 4, 1996 City General Election. Councilmember McCray
seconded the motion, and the motion carried by unanimous vote.
General Business Meeting — May 7, 1996
r
Councilmember Evans moved to approve the Consent Agenda with Item `B. Bid
- Specification - -Front Mount Mower" being removed:
VIII. CONSENT AGENDA
A. Approval of Minutes
1. Citizen's Discussion and Regular Business Meeting on April 2,
1996
2. Special Council Meeting on April 16, 1996
B. BID SPECIFICATION- -Front Mount Mower
C. LONE STAR GAS FRANCHISE
Councilmember Brown seconded the motion to approve the Consent Agenda, and the motion carried
by unanimous roll call vote.
IX. CITY ADMINISTRATOR'S REPORT
City Administrator Don Davis pointed out the results of the City Auction, which was
held on April 24, 1996. The City netted $8,600.00 from the sale.
X. CONSIDER A RESOLUTION CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF THE CITY GENERAL ELECTION HELD
ON MAY 4,1996
Mayor Lohrmann appointed Councilmembers Darrell Brown, Jim McCray, and Joel
Hillin as the committee to canvass the results of the City General Election held on
May 4, 1996, with Darrell Brown to chair the committee.
The Canvassing Committee reported that they had canvassed the results and the Tally
Sheet, and have determined them to be correct.
Councihnember Brown stated that Resolution No. 1996 -5 declaring that John Pollan,
Barbara Terrell, Marshall Shelton, Billy Bob Hodges, and Bill Corbin had been duly
elected to their respective seats on the City Council in the City General Election held
on May 4, 1996. (Resolution attached to and becoming a part of these minutes.)
Councilmember Brown moved that the Council accept Resolution No. 1996 -5 setting
out the results of the May 4, 1996 City General Election. Councilmember McCray
seconded the motion, and the motion carried by unanimous vote.
General Business Meeting — May 7, 1996
XL OATH OF OFFICE OF NEW COUNCILMEMBERS
Cindy L. Stafford, City Secretary, administered the Oath of Office to Mayor John
Pollan and Councilmembers Barbara Terrell, Marshall Shelton, Billy Bob Hodges, and
Bill Corbin. The Mayor and Councilmembers were presented with Election
Certificates and took their seats at the Council table.
XII. RECOGNIZE OUTGOING MAYOR AND COUNCILMEMBER
Mayor Pollan acknowledged that the recent election was a cleanly -run race, and
commended Scott Evans for the type of campaign he conducted. He welcomed
Marshall Shelton to the council.
Mayor Pollan then presented a plaque to Darrell Brown and thanked him for his
contributions as a member of the City Council.
In presenting the Mayor's plaque to Lavinia Lohrmann, Pollan recalled her service as
a councilmember from 1990 to 1992 and as Mayor from 1992 to 1996.
Mayor Pollan acknowledged those persons who stayed for the entire meeting;
especially his wife, Joyce Pollan; and Bea Morin and Jenny Stokesberry.
There being no other business to come before the Council at this time, Mayor Pollan
adjourned the meeting at 9:06 p.m.
John flan, Mayor
General Business Meeting — May 7, 1996
?a{M
ORDINANCE NO. 1996 - 10
AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING
CLASSIFICATION OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO R -3 "MULTIPLE -
FAMILY RESIDENTIAL DISTRICT."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
That certain land in the City of Stephenville being Lots 11A, 11, 12, 13; Block 146;
City Addition, Erath County, Texas.
and it is hereby rezoned and the zoning classification changed from the classification of R -1 "Single -
Family Dwelling District" to R -3 "Multiple- Family Residential District ", in accordance with the
Zoning Ordinance of the City of Stephenville .
PASSED AND APPROVED this the seventh day of May, 1996.
Lavinia Lohrmann, Mayor
ATTEST:
—� " "
Reviewed by Donald B. Davis,
City Administrator
Randy Thomas, City Attorney
Approved as to form and legality
ORDINANCE NO. 1996 - 11
AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING
CLASSIFICATION OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO PD "PLANNED
DEVELOPMENT DISTRICT ".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
That certain land in the City of Stephenville being 2.520 acres out of the John Blair
Survey, A -32, Erath County, Texas, also known as Lot 30, Block 146, City of
Stephenville, Texas, and being out of a former 5 acre tract described in Deed dated
May 5, 1953, from C. C. Belcher, to E. E. Sullivan, recorded in Vol. 339, Page 537,
Deed Records of Erath County, Texas, and the 2.520 acres being described as
follows:
Beginning at an iron rod found in North line of Lingleville Highway, at SEC of Lot
1, Block 2, River North Addition to Stephenville, Texas, for SWC of the 5 acre tract
and SWC of this tract;
Thence N. 30 -00 W. (Deed bearing) with East line of Block 2; River North Addition,
608.30 feet to an iron pipe found in West line of the 5 acre tract, for NWC of this
tract;
Thence N. 60 -02 -12 E. With fence and South line of a 2.44 acre tract out of the
Northerly end of said 5 acres, conveyed to Charles Allen by deed recorded in Vol.
443, Page 159, said records, 180.22 feet to an iron rod found in East line of the 5 acre
tract, for NEC of this tract;
Thence S. 30 -05 -52 E. With West line of King & Braeuer Addition to Stephenville,
Texas, 606.50 feet to an iron rod set in North line of said highway, for SEC of the 5
acre tract and SEC of this tract;
Thence S. 59 -28 W. (deed bearing) with highway right -of -way, 181.26 feet to the
place of beginning, containing 2.520 acres.
and it his hereby rezoned and the zoning classifications changed from the classification of RR1
"Single- Family Dwelling Distri ct' to PD "Planned Development District ", in accordance with the
Zoning Ordinance of the City of Stephenville.
- PASSED AND APPROVED this the seventh day of May, 1996.
avinia Lohrm Mayor
ATTEST:
&�� c
Cindy Stab d, City SecrOilWy
4y" &4J
Reviewed by Donald B. Davis,
City Administrator
Randy Thomas, City Attorney
Approved as to form and legality
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS §
COUNTY OF ERATH §
CITY OF STEPHENVILLE §
We, the undersigned officers of said City, hereby certify as follows:
1. The City Councilmembers of said City convened in REGULAR MEETING ON
THE 7TH DAY OF MAY, 1996, at the designated meeting place, and the roll was called
of the duly constituted officers and members of said City, to wit:
Lavinia Lohrmann Mayor
Darrell W. Brown Councilmembers
Bill Corbin
Scott Evans
Joel Hillin
Billy Bob Hodges
Jim McCray
John Pollan
Barbara Terrell
Cindy L. Stafford City Secretary
and all of` said persons were present, except the following
absentees: )Crk � , thus constituting a quorum. Whereupon, among
other business, the following was transacted at said Meeting: a written
ORDINANCE AUTHORIZING THE ISSUANCE OF
CERTIFICATES OF OBLIGATION
was duly introduced for the consideration of said City Council. It was then duly moved
and seconded that said Ordinance be passed; and, after due discussion, said motion
carrying with it the approval of said Ordinance prevailed and carried by the following
vote:
AYES: All members of the City Council shown present above voted "Aye" except
2. That a true, full and correct copy of the aforesaid Ordinance finally passed at
the Meeting described in the above and foregoing paragraph is attached to and follows this
Certificate; that said Ordinance has been duly recorded in said City Council's minutes of
said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt
from said City Council's minutes of said Meetings pertaining to the passage of said
Ordinance; that the persons named in the above and foregoing paragraph are the duly
chosen, qualified and acting officers and members of said City Council as indicated
therein; that each of the officers and members of said City Council was duly and
sufficiently notified officially and personally, in advance, of the time, place and purpose of
the aforesaid Meetings, and that said Ordinance would be introduced and considered for
passage at said Meetings, and each of said officers and members consented, in advance, to
the holding of said Meetings for such purpose, and that said Meetings were open to the
public and public notice of the time, place and purpose of said Meetings was given, all as
required by Texas Government Code, Chapter 551.
3. That the Mayor of said City has approved and hereby approves the aforesaid
Ordinance; that the Mayor and the City Secretary of said City have duly signed said
Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their
signing of this Certificate shall constitute the signing of the attached and following copy of
said Ordinance for all purposes.
SIGNED AND SEALED the 7th day of May, 1996.
-- City S e ary -T May
(SEAL)
161416 - 12
ORDINANCE AUTHORIZING THE ISSUANCE
OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTY OF ERATH §
CITY OF STEPHENVILLE §
WHEREAS, the City Council deems it advisable to issue Certificates of Obligation in the
amount of $2,000,000 for the purpose of paying, in whole or in part, the City's contractual obligations
incurred for the acquisition, construction and equipment of certain public improvements for the City
consisting of (i) the acquisition of fire department equipment, including a pumper truck, an aerial
truck and a booster truck, (ii) the acquisition and renovation of a building located at the comer of
Washington and Columbia Streets in the City for use as a new city hall and the acquisition of an
adjacent parking lot, (iii) the construction and equipment of a new maintenance service facility in the
City, (iv) the renovation of the existing city hall for use as a public safety building and (v) to pay legal,
fiscal and engineering fees in connection with this project; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be
issued and delivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code and
Articles 1111 -1118, V.A.T.C.S., as amended; and
WHEREAS, the City Council has heretofore passed a resolution authorizing and directing the
City Secretary to give notice of intention to issue Certificates of Obligation; and
WHEREAS, said notice has been duly published in a newspaper of general circulation in said
City, said newspaper being a "newspaper" as defined in Article 28a, V.A.T.C.S.; and
WHEREAS, the City received no petition from the qualified electors of the City protesting
the issuance of such Certificates of Obligation; and
WHEREAS, it is considered to be to the best interest of the City that said interest bearing
Certificates of Obligation be issued.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATES. The
recitals set forth in the preamble hereof are incorporated herein and shall have the same force and
effect as if set forth in this Section. The certificates of the City of Stephenville, Texas (the "Issuer ")
are hereby authorized to be issued and delivered in the aggregate principal amount of $2,000,000 for
the purpose of paying, in whole or in part, contractual obligations incurred for the acquisition,
- , construction and equipment of certain public improvements for the Issuer consisting of (i) the
acquisition of fire department equipment, including a pumper truck, an aerial truck and a booster
truck, (ii) the acquisition and renovation of a building located at the comer of Washington and
Columbia Streets in the Issuer for use as a new city hall and the acquisition of an adjacent parking lot,
(iii) the construction and equipment of a new maintenance service facility in the Issuer, (iv) the
renovation of the existing city hall for use as a public safety building and (v) to pay legal, fiscal and
engineering fees in connection with this project.
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND
MATURITIES OF CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be
designated: "CITY OF STEPHENVILLE, TEXAS, COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION, SERIES 1996 ", and initially there shall be issued, sold, and
delivered hereunder fully registered certificates, without interest coupons, dated April 1, 1996, in the
respective denominations and principal amounts hereinafter stated, numbered consecutively from R -1
upward, payable to the respective initial registered owners thereof (as designated in Section 13
hereof) or to the registered assignee or assignees of said certificates or any portion or portions
thereof (in each case, the 'Registered Owner "), and said certificates shall mature and be payable
serially on February 15 in each of the years and in the principal amounts, respectively, as set forth in
the following schedules:
YEARS
AMOUNTS
YEARS
AMOUNTS
1997
$45,000
2007
$140,000
1998
90,000
2008
145,000
-- 1999
95,000
2009
150,000
2000
105,000
2010
165,000
2001
110,000
2011
170,000
2002
110,000
2012
30,000
2003
115,000
2013
35,000
2004
120,000
2014
35,000
2005
130,000
2015
40,000
2006
130,000
2016
40,000
The term "Certificates" as used in this Ordinance shall mean and include collectively the certificates
initially issued and delivered pursuant to this Ordinance and all substitute certificates exchanged
therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto,
and the term "Certificate" shall mean any of the Certificates.
Section 3. INTEREST. The Certificates scheduled to mature during the years, respectively,
set forth below shall bear interest from the dates specified in the FORM OF CERTIFICATE set forth
in this Ordinance to their respective dates of maturity or redemption prior to maturity at the following
rates per annum:
2
Maturity 1997
6, So %
Maturity 2007
S. go %
Maturity 1998
(,_aD %
Maturity 2008
S Yo
Maturity 1999
6• Yo %
Maturity 2009
S' os "%
Maturity 2000
6.80 %
Maturity 2010
s: os%
Maturity 2001
6.�o %
Maturity 2011
y.60%
Maturity 2002
(J. 9moo %
Maturity 2012
S: 671 /o
Maturity 2003
x-00 %
Maturity 2013
Cb%S /o
Maturity 2004
S-00%
Maturity 2014
S67s %
Maturity 2005
57/ o %
Maturity 2015
S67s %
Maturity 2006
s 0/6
Maturity 2016
S.G7S %
Said interest shall be payable in the manner provided and on the dates stated in the FORM OF
CERTIFICATE set forth in this Ordinance.
Section 4. CHARACTERISTICS OF THE CERTIFICATES. Registration, Transfer.
Conversion and Exchange: Authentication. (a) The Issuer shall keep or cause to be kept at the
principal corporate trust office of The Bank of New York, New York, New York (the "Paying
Agent/Registrar "), books or records for the registration of the transfer, conversion and exchange of
the Certificates (the "Registration Books "), and the Issuer hereby appoints the Paying Agent/Registrar
as its registrar and transfer agent to keep such books or records and make such registrations of trans-
fers, conversions and exchanges under such reasonable regulations as the Issuer and Paying
Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations,
transfers, conversions and exchanges as herein provided. The Paying Agent/Registrar shall obtain
and record in the Registration Books the address of the registered owner of each Certificate to which
payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty
of each registered owner to notify the Paying Agent/Registrar in writing of the address to which
payments shall be mailed, and such interest payments shall not be mailed unless such notice has been
given. The Issuer shall have the right to inspect the Registration Books during regular business hours
of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration
Books confidential and, unless otherwise required by law, shall not permit their inspection by any
other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for making such registration, transfer, conversion, exchange and delivery of a substitute
Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of
Certificates shall be made in the manner provided and with the effect stated in the FORM OF
CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or
number to distinguish it from each other Certificate.
Except as provided in Section 4(c) of this Ordinance, an authorized representative of the
Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign said
Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate
is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates
surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be
passed or adopted by the governing body of the Issuer or any other body or person so as to
accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the
Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute
Certificates in the manner prescribed herein, and said Certificates shall be printed or typed on paper
of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k -6, and
particularly Section 6 thereof, the duty of conversion and exchange of Certificates as aforesaid is
hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the
converted and exchanged Certificate shall be valid, incontestable, and enforceable in the same manner
and with the same effect as the Certificates which initially were issued and delivered pursuant to this
Ordinance, approved by the Attorney General and registered by the Comptroller of Public Accounts.
(b) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates,
all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of
all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this
Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for
thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date ") will
be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have
been received from the Issuer. Notice of the past due interest shall be sent at least five (5) business
days prior to the Special Record Date by United States mail, first -class postage prepaid, to the
address of each registered owner appearing on the Registration Books at the close of business on the
last business day next preceding the date of mailing of such notice.
(c) In General. The Certificates (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Certificates to be payable only to the registered
owners thereof, (ii) may be redeemed prior to their scheduled maturities (notice of which shall be
given to the Paying Agent/Registrar by the Issuer at least 50 days prior to any such redemption date),
(iii) may be converted and exchanged for other Certificates, (iv) may be transferred and assigned (v)
shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the princi-
pal of and interest on the Certificates shall be payable, and (viii) shall be administered and the Paying
Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the
Certificates, all as provided, and in the manner and to the effect as required or indicated, in the FORM
OF CERTIFICATE set forth in this Ordinance. The Certificates initially issued and delivered
pursuant to this Ordinance are not required to be, and shall not be, authenticated by the Paying
Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for any
Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall execute the
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in
the FORM OF CERTIFICATE.
(d) Substitute Paving Aeent/Re isQ tray. The Issuer covenants with the registered owners of
the Certificates that at all times while the Certificates are outstanding the Issuer will provide a
competent and legally qualified bank, trust company, financial institution, or other agency to act as
and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that
the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying
Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment
date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or
its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such,
the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust
company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance.
Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall
transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books
and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed
by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a
written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the
Certificates, by United States mail, first -class postage prepaid, which notice also shall give the address
of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified
copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(e) Book -Entry Only System. The Certificates issued in exchange for the Certificates initially
issued to the Underwriter specified herein shall be initially issued in the form of a separate single fully
registered Certificate for each of the maturities thereof. Upon initial issuance, the ownership of each
such Certificate shall be registered in the name of Cede & Co., as nominee of The Depository Trust
Company, New York, New York ('DTC "), and except as provided in subsection (f) hereof, all of the
outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the
Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities
brokers and dealers, banks, trust companies, clearing corporations and certain other organizations
on whose behalf DTC was created ('DTC Participant ") to hold securities to facilitate the clearance
and settlement of securities transactions among DTC Participants or to any person on behalf of whom
such a DTC Participant holds an interest in the Certificates. Without limiting the immediately
preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or
obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant
with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC Participant or
any other person, other than a Registered Owner of Certificates, as shown on the Registration Books,
of any notice with respect to the Certificates, or (iii) the payment to any DTC Participant or any other
person, other than a Registered Owner of Certificates, as shown in the Registration Books of any
amount with respect to principal of or interest on the Certificates. Notwithstanding any other
provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled
to treat and consider the person in whose name each Certificate is registered in the Registration
Books as the absolute owner of such Certificate for the purpose of payment of principal and interest
with respect to such Certificate, for the purpose of registering transfers with respect to such
Certificate, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal
of and interest on the Certificates only to or upon the order of the Registered Owners, as shown in
5
the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized
in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's
obligations with respect to payment of principal of and interest on the Certificates to the extent of the
sum or sums so paid. No person other than a Registered Owner, as shown in the Registration Books,
shall receive a certificate evidencing the obligation of the Issuer to make payments of principal and
interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written
notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co.,
and subject to the provisions in this Ordinance with respect to interest checks being mailed to the
Registered Owner at the close of business on the Record date, the words "Cede & Co." in this
Ordinance shall refer to such new nominee of DTC.
(f) Successor Securities Depository: Transfers Outside Book -Entry Only System. In the
event that the Issuer determines that DTC is incapable of discharging its responsibilities described
herein and in the representations letter of the Issuer to DTC or that it is in the best interest of the
beneficial owners of the Certificates that they be able to obtain certificated Certificates, the Issuer
shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the
Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Certificates
to such successor securities depository or (ii) notify DTC and DTC Participants of the availability
through DTC of Certificates and transfer one or more separate certificated Certificates to DTC
Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall
no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as
nominee of DTC, but may be registered in the name of the successor securities depository, or its
nominee, or in whatever name or names Registered Owners transferring or exchanging Certificates
shall designate, in accordance with the provisions of this Ordinance.
(g) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the
contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of and interest on such Certificate and all notices with respect to
such Certificate shall be made and given, respectively, in the manner provided in the representations
letter of the Issuer to DTC.
Section 5. FORM OF CERTIFICATES. The form of the Certificates, including the form
of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of
Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached
to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively,
substantially as follows, with such appropriate variations, omissions or insertions as are permitted or
required by this Ordinance.
FORM OF CERTIFICATE
NO. R- UNITED STATES OF AMERICA PRINCIPAL
STATE OF TEXAS AMOUNT
CITY OF STEPHENVILLE, TEXAS $_
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION
SERIES 1996
INTEREST RATE DATE OF CERTIFICATES MATURITY DATE CUSIP NO.
April 1, 1996
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, the City of Stephenville, in Erath County,
Texas (the "Issuer "), being a political subdivision of the State of Texas, hereby promises to pay to
the Registered Owner set forth above, or registered assigns (hereinafter called the "registered owner ")
the principal amount set forth above, and to pay interest thereon from the Date of Certificates set
forth above, on February 15, 1997 and semiannually on each February 15 and August 15 thereafter
to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate
per annum specified above; except that if this Certificate is required to be authenticated and the date
of its authentication is later than the first Record Date (hereinafter defined), such principal amount
shall bear interest from the interest payment date next preceding the date of authentication, unless
such date of authentication is after any Record Date but on or before the next following interest
payment date, in which case such principal amount shall bear interest from such next following
interest payment date; provided, however, that if on the date of authentication hereof the interest on
the Certificate or Certificates, if any, for which this Certificate is being exchanged or converted from
is due but has not been paid, then this Certificate shall bear interest from the date to which such
interest has been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of
the United States of America, without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the principal
corporate trust office of The Bank of New York, New York, New York, which is the 'Paying
Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the
Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or
draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate
(the "Certificate Ordinance ") to be on deposit with the Paying Agent/Registrar for such purpose as
hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United
States mail, first -class postage prepaid, on each such interest payment date, to the registered owner
hereof, at its address as it appeared on the last day of the month preceding each such date (the
"Record Date ") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter
described. In addition, interest may be paid by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of the registered owner. In the event of
a non - payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date
for such interest payment (a "Special Record Date ") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest
(which shall be 15 days after the Special Record Date) shall be sent at least five business days prior
to the Special Record Date by United States mail, first -class postage prepaid, to the address of each
owner of a Certificate appearing on the Registration Books at the close of business on the last
business day next preceding the date of mailing of such notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate prior
to maturity as provided herein shall be paid to the registered owner upon presentation and surrender
of this Certificate for redemption and payment at the principal corporate trust office of the Paying
Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before
each principal payment date, interest payment date, and accrued interest payment date for this
Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund"
created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately
available funds, of all principal of and interest on the Certificates, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the
principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which is not
such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close;
and payment on such date shall have the same force and effect as if made on the original date payment
was due.
THIS CERTIFICATE is one of a Series of Certificates dated April 1, 1996, authorized in
accordance with the Constitution and laws of the State of Texas in the principal amount of
$2,000,000 to pay contractual obligations of the Issuer incurred for the acquisition, construction and
equipment of certain public improvements for the Issuer consisting of (i) the acquisition of fire
department equipment, including a pumper truck, an aerial truck and a booster truck, (ii) the
acquisition and renovation of a building located at the corner of Washington and Columbia Streets
in the Issuer for use as a new city hall and the acquisition of an adjacent parking lot, (iii) the
construction and equipment of a new maintenance service facility in the Issuer, (iv) the renovation
of the existing city hall for use as a public safety building and (v) to pay legal, fiscal and engineering
fees in connection with this project.
ON February 15, 2006, or on any date thereafter, the Certificates of this Series may be
redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any
available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or
portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a
portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a redemption price
equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption.
AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions
thereof prior to maturity a written notice of such redemption shall be published once in a financial
publication, journal or reporter of general circulation among securities dealers in the City of New
York, New York or in the State of Texas. Such notice also shall be sent by the Paying
Agent/Registrar by United States mail, first -class postage prepaid, at least 30 days prior to the date
fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its
address as it appeared on the 45th day prior to such redemption date and to major securities
depositories, national bond rating agencies and bond information services; provided, however, that
the failure to send, mail or receive such notice, or any defect therein or in the sending or mailing
thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any
Certificate, and it is hereby specifically provided that the publication of such notice as required above
shall be the only notice actually required in connection with or as a prerequisite to the redemption of
any Certificates or portions thereof. By the date fixed for any such redemption due provision shall
be made with the Paying Agent/Registrar for the payment of the required redemption price for the
Certificates or portions thereof which are to be so redeemed. If such written notice of redemption
is published and if due provision for such payment is made, all as provided above, the Certificates or
portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior
to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and
they shall not be regarded as being outstanding except for the right of the registered owner to receive
the redemption price from the Paying Agent/Registrar out of the funds provided for such payment.
If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the
same maturity date, bearing interest at the same rate, in any denomination or denominations in any
integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal
amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the
surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate
Ordinance.
ALL CERTIFICATES OF TIES SERIES are issuable solely as fully registered certificates,
without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the
Certificate Ordinance, this Certificate may, at the request of the registered owner or the assignee or
assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal
amount of fully registered certificates, without interest coupons, payable to the appropriate registered
owner, assignee or assignees, as the case may be, having the same denomination or denominations
in any integral multiple of $5,000 as requested in writing by the appropriate registered owner,
assignee or assignees, as the case may be, upon surrender of this Certificate to the Paying
Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the
C
Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate
must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments
of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of
$5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or
portions hereof is or are to be registered. The form of Assignment printed or endorsed on this
Certificate may be executed by the registered owner to evidence the assignment hereof, but such
method is not exclusive, and other instruments of assignment satisfactory to the Paying
Agent/Registrar may be used to evidence the assignment of this Certificate or any portion or portions
hereof from time to time by the registered owner. The Paying Agent/Registrar's reasonable standard
or customary fees and charges for assigning, transferring, converting and exchanging any Certificate
or portion thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges
required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer,
conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying
Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during
the period commencing with the close of business on any Record Date and ending with the opening
of business on the next following principal or interest payment date, or (ii) with respect to any
Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its
redemption date.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that
it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice
thereof to be mailed to the registered owners of the Certificates.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this
Certificate have been performed, existed and been done in accordance with law; that this Certificate
is a general obligation of said Issuer, issued on the full faith and credit thereof; and that annual ad
valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate,
as such interest comes due and such principal matures, have been levied and ordered to be levied
against all taxable property in said Issuer, and have been pledged for such payment, within the limit
prescribed by law, and that this Certificate is additionally secured by and payable from a limited
pledge of the revenues of the Issuer's Waterworks and Sewer System remaining after payment of all
operation and maintenance expenses thereof, and all debt service, reserve and other requirements in
connection with all of the Issuer's revenue obligations (now or hereafter outstanding), which are
payable from all or part of said revenues, all as provided in the Certificate Ordinance.
BY BECOMING the registered owner of this Certificate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for
inspection in the official minutes and records of the governing body of the Issuer, and agrees that the
10
terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between
each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual
or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile
signature of the City Secretary of said Issuer, and has caused the official seal of the Issuer to be duly
impressed, or placed in facsimile, on this Certificate.
(signature)
City Secretary
(SEAL)
(signature)
Mayor
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate is not accompanied by an
executed Registration Certificate of the Comptroller
of Public Accounts of the State of Texas)
It is hereby certified that this Certificate has been issued under the provisions of the Certificate
Ordinance described in the text of this Certificate; and that this Certificate has been issued in conver-
sion or replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or
certificates of a Series which originally was approved by the Attorney General of the State of Texas
and registered by the Comptroller of Public Accounts of the State of Texas.
Dated:
The Bank of New York,
New York, New York
Paying Agent/Registrar
By:
Authorized Representative
11
FORM OF ASSIGNMENT:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer Identification Number of Transferee
(Please print or typewrite name and address, including zip code, of Transferee.)
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney, to register the transfer of the within
Certificate on the books kept for registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by an eligible guarantor institution
participating in a securities transfer
association recognized signature guarantee
program.
NOTICE: The signature above must
correspond with the name of the registered
owner as it appears upon the front of this
Certificate in every particular, without
alteration or enlargement or any change
whatsoever.
FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate has been examined, certified as to validity and approved
by the Attorney General of the State of Texas, and that this Certificate has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
(COMPTROLLER'S SEAL)
Comptroller of Public Accounts
of the State of Texas
12
Section 6. INTEREST AND SINKING FUND. A special "Interest and Sinking Fund" is
hereby created and shall be established and maintained by the Issuer at an official depository bank of
said Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and
accounts of said Issuer, and shall be used only for paying the interest on and principal of said
Certificates. All ad valorem taxes levied and collected for and on account of said Certificates shall
be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while
any of said Certificates are outstanding and unpaid, the governing body of said Issuer shall compute
and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the
money required to pay the interest on said Certificates as such interest comes due, and to provide and
maintain a sinking fund adequate to pay the principal of said Certificates as such principal matures
(but never less than 2% of the original amount of said Certificates as a sinking fund each year); and
said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made
for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby
levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year
while any of said Certificates are outstanding and unpaid, and said tax shall be assessed and collected
each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad
valorem taxes sufficient to provide for the payment of the interest on and principal of said
Certificates, as such interest comes due.and such principal matures, are hereby pledged for such
payment, within the limit prescribed by law.
Section 7. SURPLUS REVENUES. The Certificates are additionally secured by and shall
be payable from and secured by the revenues of the Issuer's Waterworks and Sewer System, in an
amount not exceeding $1,000 over the life of the Certificates, remaining after payment of all
maintenance and operation expenses thereof, and all debt service, reserve and other requirements in
connection with all of the Issuer's revenue obligations (now or hereafter outstanding) which are
payable from all or part of the Net Revenues of the Issuer's Waterworks and Sewer Systems,
constituting "Surplus Revenues." The Issuer shall deposit such Surplus Revenues to the credit of the
Interest and Sinking Fund created pursuant to Section 6, to the extent necessary to pay the principal
and interest on the Certificates. Notwithstanding the requirements of Section 6, if Surplus Revenues
are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes
are scheduled to be levied for any year, then the amount of taxes which otherwise would have been
required to be levied pursuant to Section 6 may be reduced to the extent and by the amount of the
Surplus Revenues then on deposit in the Interest and Sinking Fund.
Section 8. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest
thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate ")
within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section
8, when payment of the principal of such Certificate, plus interest thereon to the due date (whether
such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be
made in accordance with the terns thereof, or (ii) shall have been provided for on or before such due
date by irrevocably depositing with or making available to the Paying Agent/Registrar for such
payment (1) lawful money of the United States of America sufficient to make such payment or (2)
Government Obligations which mature as to principal and interest in such amounts and at such times
as will insure the availability, without reinvestment, of sufficient money to provide for such payment,
13
and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the
payment of its services until all Defeased Certificates shall have become due and payable. At such
time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such
Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the
benefits of the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance,
and such principal and interest shall be payable solely from such money or Government Obligations.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction
of the Issuer also be invested in Government Obligations, maturing in the amounts and times as
hereinbefore set forth, and all income from such Government Obligations received by the Paying
Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with
respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited
as directed in writing by the Issuer.
(c) The term "Government Obligations" as used in this Section, shall mean direct obligations
of the United States of America, including obligations the principal of and interest on which are
unconditionally guaranteed by the United States of America, which may be United States Treasury
obligations such as its State and Local Government Series, which may be in book -entry form.
(d) Until all Defeased Certificates shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates
the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide
and pay for such services as required by this Ordinance.
Section 9. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is
damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed,
executed and delivered, a new certificate of the same principal amount, maturity and interest rate, as
the damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in
the manner hereinafter provided.
(b) Application for Replacement Certificates. Application for replacement of damaged,
mutilated, lost, stolen or destroyed Certificates shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the registered
owner applying for a replacement certificate shall furnish to the Issuer and to the Paying
Agent/Registrar such security or indemnity as may be required by them to save each of them harmless
from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a
Certificate, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar
evidence to their satisfaction of the loss, theft or destruction of such Certificate, as the case may be.
In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the
Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the
event any such Certificate shall have matured, and no default has occurred which is then continuing
14
in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the
Issuer may authorize the payment of the same (without surrender thereof except in the case of a
damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or
indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement
certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all
legal, printing, and other expenses in connection therewith. Every replacement certificate issued
pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen or
destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or
destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to
all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly
issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates. In accordance with Section 6 of Vernon's
Ann. Tex. Civ. St. Art. 717k -6, this Section 9 of this Ordinance shall constitute authority for the
issuance of any such replacement certificate without necessity of further action by the governing body
of the Issuer or any other body or person, and the duty of the replacement of such certificates is
hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar
shall authenticate and deliver such Certificates in the form and manner and with the effect, as pro-
vided in Section 4(a) of this Ordinance for Certificates issued in conversion and exchange for other
Certificates.
Section 10. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES;
BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE
PROVISION, IF OBTAINED. The Mayor of the Issuer is hereby authorized to have control of the
Certificates initially issued and delivered hereunder and all necessary records and proceedings per-
taining to the Certificates pending their delivery and their investigation, examination, and approval
by the Attorney General of the State of Texas, and their registration by the Comptroller of Public
Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of Public
Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the
Comptroller's Registration Certificate attached to such Certificates, and the seal of said Comptroller
shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the
Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed
on the Certificates issued and delivered under this Ordinance, but neither shall have any legal effect,
and shall be solely for the convenience and information of the registered owners of the Certificates.
In addition, if bond insurance is obtained, the Certificates may bear an appropriate legend as provided
by the insurer.
Section 11. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
CERTIFICATES. The Issuer covenants to take any action necessary to assure, or refrain from any
action which would adversely affect, the treatment of the Certificates as Obligation described in
section 103 of the Code, the interest on which is not includable in the "gross income" of the holder
for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
is
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private
business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the
proceeds or the projects financed therewith are so used, such amounts, whether or not
received by the Issuer, with respect to such private business use, do not, under the terms of
this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the
payment of more than 10 percent of the debt service on the Certificates, in contravention of
section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or the
projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" which is "related" and not
"disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental
use;
(c) to take any action to assure that no amount which is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a
reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state
or local governmental units, in contravention of section 141(c) of the Code;
(d) to refrain from taking any action which would otherwise result in the
Certificates being treated as "private activity bonds" within the meaning of section 141(b) of
the Code;
(e) to refrain from taking any action that would result in the Certificates being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Certificates, directly
or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) which produces a materially
higher yield over the tern of the Certificates, other than investment property acquired with --
(1) proceeds of the Certificates invested for a reasonable temporary period
of 3 years or less or, in the case of a refunding bond, for a period of 30 days or less
until such proceeds are needed for the purpose for which the bonds are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148 -1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Certificates;
i1Cd
(g) to otherwise restrict the use of the proceeds of the Certificates or amounts
treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not
otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and,
to the extent applicable, section 149(d) of the Code (relating to advance refundings); and
(h) to pay to the United States of America at least once during each five -year
period (beginning on the date of delivery of the Certificates) an amount that is at least equal
to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and
to pay to the United States of America, not later than 60 days after the Certificates have been
paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings
under section 148(f) of the Code.
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby
established by the Issuer for the sole benefit of the United States of America, and such Fund shall not
be subject to the claim of any other person, including without limitation the certificateholders. The
Rebate Fund is established for the additional purpose of compliance with section 148 of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds"
includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding
bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date
of issuance of the Certificates. It is the understanding of the Issuer that the covenants contained
herein are intended to assure compliance with the Code and any regulations or rulings promulgated
by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are
hereafter promulgated which modify or expand provisions of the Code, as applicable to the
Certificates, the Issuer will not be required to comply with any covenant contained herein to the
extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Certificates under
section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which
impose additional requirements which are applicable to the Certificates, the Issuer agrees to comply
with the additional requirements to the extent necessary, in the opinion of nationally recognized bond
counsel, to preserve the exemption from federal income taxation of interest on the Certificates under
section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs
the Mayor to execute any documents, certificates or reports required by the Code and to make such
elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the
purpose for the issuance of the Certificates.
Section 12. DESIGNATION AS QUALIFIED TAX - EXEMPT OBLIGATIONS. The Issuer
hereby designates the Certificates as "qualified tax- exempt obligations" as defined in section 265(b)(3)
of the Code. In furtherance of such designation, the Issuer represents, covenants and warrants the
following: (a) that during the calendar year in which the Certificates are issued, the Issuer (including
any subordinate entities) has not designated nor will designate obligations, which when aggregated
with the Certificates, will result in more than $10,000,000 of "qualified tax- exempt bonds" being
issued; (b) that the Issuer reasonably anticipates that the amount of tax- exempt obligations issued,
during the calendar year in which the Certificates are issued, by the Issuer (or any subordinate
17
— entities) will not exceed $10,000,000; and, (c) that the Issuer will take such action or refrain from
such action as necessary, and as more particularly set forth in Section 11, hereof, in order that the
Certificates will not be considered "private activity bonds" within the meaning of section 141 of the
Code.
Section 13. SALE OF CERTIFICATES. The Certificates are hereby initially sold and shall
be delivered to R,•rs� -7,'�,,, &A I(- for cash for the par value thereof, plus a premium of
$_] and plus accrued interest thereon to date of delivery. The Certificates shall initially be
registered in the name of Qod-b Ens i . It is hereby officially found, determined and
declared that said purchaser is the highest bidder for the Certificates as a result of invitations for
competitive bids. It is further officially found, determined, and declared that the Certificates have
been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids
pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement prepared and
distributed in connection with the sale of the Certificates. Said Official Notice of Sale and Bidding
Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been
and are hereby approved by the governing body of the Issuer, and their use in the offer and sale of
the Certificates is hereby approved. It is further officially found, determined, and declared that the
statements and representations contained in said Official Notice of Sale and Bidding Instructions and
Official Statement are true and correct in all material respects, to the best knowledge and belief of
the governing body of the Issuer.
Section 14. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings
derived from the investment of proceeds from the sale of the Certificates shall be used along with
other certificate proceeds for the purpose for which the Certificates are issued set forth in Section 1
hereof; provided that after completion of such purpose, if any of such interest earnings remain on
hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided,
however, that any interest earnings on certificate proceeds which are required to be rebated to the
United States of America pursuant to Section 11 hereof in order to prevent the Certificates from
being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of
this Section.
Section 15. APPROPRIATION. The Issuer hereby appropriates from current funds on hand,
and directs the transfer to the Interest and Sinking Fund for the Certificates of an amount of money
sufficient, when added to the accrued interest received from the sale of the Certificates, to pay the
interest scheduled to come due on the Certificates on February 15, 1997.
Section 16. COMPLIANCE WITH RULE 15c2 -12. (a) Annual Reports. (i) The Issuer
shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal
year ending in or after 1996, financial information and operating data with respect to the Issuer of the
general type included in the Official Statement authorized by Section 13 of this Ordinance, being the
information described in Exhibit A hereto. Any financial statements so to be provided shall be (1)
prepared in accordance with the accounting principles described in Exhibit A hereto, or such other
accounting principles as the Issuer may be required to employ from time to time pursuant to state law
or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is
W-1
- completed within the period during which they must be provided. If the audit of such financial
statements is not complete within such period, then the Issuer shall provide unaudited financial
statements by the required time and will provide audited financial statements for the applicable fiscal
year to each NRMSIR and any SID, when and if the audit report on such statements become
available.
(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the
change (and of the date of the new fiscal year end) prior to the next date by which the Issuer
otherwise would be required to provide financial information and operating data pursuant to this
Section. The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document (including an official statement or other offering document, if it is available from the
MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC.
(b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such
event is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non - payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax- exempt status of the
Certificates;
7. Modifications to rights of holders of the Certificates;
8. Certificate calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the
Certificates; and
11. Rating changes.
19
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the Issuer to provide financial information or operating data in accordance with subsection
(a) of this Section by the time required by such subsection.
(c) Limitations. Disclaimers. and Amendments. (i) The Issuer shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer
remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except
that the Issuer in any event will give the notice required by Subsection (b) hereof of any Certificate
calls and defeasance that cause the Issuer to no longer be such an "obligated person ".
(ii) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer
undertakes to provide only the financial information, operating data, financial statements, and notices
which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to
provide any other information that may be relevant or material to a complete presentation of the
Issuer's financial results, condition, or prospects or hereby undertake to update any information
provided in accordance with this Section or otherwise, except as expressly provided herein. The
Issuer does not make any representation or warranty concerning such information or its usefulness
to a decision to invest in or sell Certificates at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section
shall comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Issuer under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a change
in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this
Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the
primary offering of the Certificates in compliance with the Rule, taking into account any amendments
or interpretations of the Rule since such offering as well as such changed circumstances and (2) either
(a) the registered owners of a majority in aggregate principal amount (or any greater amount required
by any other provision of this Ordinance that authorizes such an amendment) of the outstanding
Certificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as
20
nationally recognized bond counsel) determined that such amendment will not materially impair the
interest of the registered owners and beneficial owners of the Certificates. If the Issuer so amends
the provisions of this Section, it shall include with any amended financial information or operating
data next provided in accordance with subsection (a) of this Section an explanation, in narrative form,
of the reason for the amendment and of the impact of any change in the type of financial information
or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing
disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of
final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the
extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing
or selling Certificates in the primary offering of the Certificates.
(d) Definitions. As used in this Section, the following terms have the meanings ascribed to
such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a
nationally recognized municipal securities information repository within the meaning of the Rule from
time to time.
"Rule" means SEC Rule 15c2 -12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule from time to time.
21
9
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 16(a) of this Ordinance:
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually
in accordance with such Section are as specified (and included in the Appendix or under the tables
of the Official Statement referred to) below:
TABLES 1 THROUGH 13
APPENDIX B (FINANCIAL STATEMENTS FOR THE LAST COMPLETED FISCAL
YEAR WHICH WILL BE UNAUDITED, UNLESS AN AUDIT IS PERFORMED IN WHICH
EVENT THE AUDITED FINANCIAL STATEMENTS WILL BE MADE AVAILABLE)
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described
in the notes to the financial statements referred to in the paragraph above.
22
ORDINANCE NO. 1996 -13
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE
CITY OF STEPHENVILLE; DEFINING TERMS THEREIN USED; REGULATING THE
DISPOSAL OF WASTE AND SEWAGE; MAKING PROVISIONS FOR THE HANDLING
AND TREATMENT OF WASTE BY DOMESTIC AND INDUSTRIAL USERS OF THE
WASTE DISPOSAL SYSTEM OF THE CITY OF STEPHENVILLE; PROVIDING FOR
PERMITS BY INDUSTRIAL USERS AND PROVIDING FOR INSPECTION BY THE CITY
OF STEPHENVILLE AND FIXING PENALTIES FOR THE VIOLATION OF THE
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE
That Chapter 19 of the Code of Ordinances of the City of Stephenville is hereby
u
- -�� amended as follows:
WATER, SEWERS, SEWAGE DISPOSAL
Chapter 19
WATER, SEWERS AND SEWAGE DISPOSAL
Art. I. In General, § § 19 -1 - 19 -10
Art. H. Discharge of Wastes, § § 19 -11 - 19 -37
ARTICLE I. IN GENERAL
Sec. 19 -1. Opening water meter box.
It shall be unlawful for any person other than a duly authorized city employee to open a city
water meter box, such city water meter box being the closed box which houses the meter measuring
the water to each city water user and consumer. (Rev. Ords. 1958, Art. 374)
Secs. 19 -2 - 19 -10. Reserved.
ARTICLE II. DISCHARGE OF WASTE
Sec. 19 -11. Definitions.
The following terms, as used in this article, shall have the meanings hereinafter designated:
(1) Act: The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
(2) Approval Authority: The term Approval Authority means the Director in an NPDES
State with an approved State pretreatment program and the appropriate Regional
Administrator in a non - NPDES State or NPDES State without an approved State
pretreatment program.
(3) Authorized Representative of the Industrial User:
A. If the industrial user is a corporation, authorized representative shall mean:
1. the president, secretary, treasurer, or a vice- president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision - making functions for
the corporation;
2. the manager of one or more manufacturing, production, or operation
Page 1
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second - quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures;
B. If the industrial user is a partnership, or sole proprietorship, an authorized
representative shall mean a general partner or proprietor, respectively;
C. If the industrial user is a Federal, State or local governmental facility, an
authorized representative shall mean a director or highest official appointed
or designated to oversee the operation and performance of the activities of the
governmental facility, or his/her designee;
D. The individuals described in paragraphs 1 -3 above may designate another
authorized representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of the
facility from which the discharge originates or having overall responsibility for
environmental matters for the company, and the written authorization is
submitted to the City of Stephenville.
(4) BOD: The quantity of oxygen, expressed in parts per million by weight (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
Celsius. The laboratory determinations shall be made in accordance with procedures
set forth in 40CFR136.
(5) Building drain: That part of the lowest horizontal piping of a drainage system which
receives the discharge from waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning three (3) feet outside the
inner face of the building wall.
(6) Building sewer: The extension from the building drain to the public sewer or other
place of disposal.
(7) Categorical Pretreatment Standard or Pretreatment Standard: Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with
section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific
category of Industrial Dischargers. (Located in 40 CFR Chapter I, Chapter N.)
(8) City: The City or City Council of Stephenville, Texas, or any authorized person acting
in its behalf.
Page 2
(9) Composite Sample: The sample resulting from the combination of individual
wastewater samples taken at selected intervals based on an increment of either flow
or time.
(10) Control Authority: The department designated by the City to supervise the operation
of its publicly owned treatment works and that is charged with certain duties and
responsibilities by this article, or any duly authorized representative of that designated
department.
(11) Cooling water: The water discharged from any system of condensation such as air
conditioning, cooling, refrigeration or water used as a coolant in cooling towers
where the only pollutant is thermal.
(12) Discharge: The introduction or addition of any waste, wastewater, or other substance
into the POTW.
(13) Discharger: Any person who discharges or introduces anything other than normal
domestic sewage into the POTW. The term includes owners and/or occupants of the
premises connected to and discharging waste or wastewater into the POTW.
(14) Domestic sewage: Water -borne wastes normally discharged from the sanitary
conveniences of dwellings (including apartment houses and hotels), office buildings,
factories, and institutions, free from storm and surface waters and industrial wastes.
(15) Environmental Protection Agency or EPA: The United States Environmental
Protection Agency, or where appropriate, the term may also be used as a designation
for the Administrator of EPA or other duly authorized official of EPA.
(16) Garbage: Solid wastes and residue from the preparation, cooking, and dispensing of
food, and from the handling, storage, and sale of food products and produce.
(17) Grab Sample: A sample which is taken from a waste stream on a one -time basis
without regard to the flow in the waste stream and without consideration of time.
(18) Grease: Fatty acids, soaps, fats, waxes, petroleum products, oil, and any other
material which is extractable by hexane or freon solvent from an acidified sample, and
which is not volatilized during evaporation of the solvent.
(19) Grease trap: A device by which the grease content of sewage may be cooled and
congealed so that it may be skimmed from the surface.
(20) Indirect discharge: The discharge or the introduction of Industrial Waste into a
Page 3
POTW.
(21) Industrial Discharger: Any person who discharges or introduces an Industrial Waste
into a POTW.
(22) Industrial waste: Water -borne solids, liquids, or gaseous wastes resulting from and
discharged, permitted to flow, or escaping from any industrial, manufacturing, or
food - processing operation or process, or from the development of any natural
resource, or any mixture of these, with water or domestic sewage. (The term is
generally synonymous with "non- domestic waste.")
(23) Interference: A discharge which, alone or in conjunction with a discharge or
discharges from other sources, both:
(A) Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use or disposal; and
(B) Therefore, is a cause of a violation of any requirement of the POTW's NPDES
permit (including an increase in the magnitude or duration of a violation) or
of the prevention of sewage sludge use or disposal in compliance with the
following statutory provisions and regulations or permits issued thereunder
(or more stringent State or local regulations): Section 405 of the Clean Water
Act, the Solid Waste Disposal Act (SWDA) (including Title II, more
commonly referred to as the Resource Conservation and Recovery Act
(RCRA) , and including State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the SWDA) , the Clean
Air Act, the Toxic Substances Control Act, and the Marine Protection,
Research and Sanctuaries Act.
(24) Liquid Waste hauler: Any person who transports wastewater beyond the site of origin
within the City.
(25) Maximum Allowable Discharge Limit: The maximum concentration (or loading) of
a pollutant allowed to be discharged at any time, determined from the analysis of any
discrete or composited sample collected, independent of the industrial flow rate and
the duration of the sampling event.
(26), mg/L: Milligrams per liter.
(27) National Pollution Discharge Elimination System ( NPDES) Permit: A permit issued
pursuant to Section 402 of the Act (33 U.S.C. 1342) which regulates discharges to
"Waters of the State."
Page 4
(28) Natural outlet; Any outlet into a watercourse, pond, ditch, lake or other body of
surface or ground water.
(29) New Source:
(A) Any building, structure, facility or installation from which there is or
may be a discharge of pollutants, the construction of which
commenced after the publication of proposed Pretreatment Standards
under Section 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section, provided that:
(1) The building, structure, facility or installation is constructed at
a site at which no other source is located; or
(2) The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge
of pollutants at an existing source; or
(3) The production or wastewater generating processes of the
building, structure, facility or installation are substantially
independent of an existing source at the same site. In
determining whether these are substantially independent,
factors such as the extent to which the new facility is
integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as
the existing source, should be considered.
(B) Construction on a site at which an existing source is located results in
a modification rather than a new source if the construction does not
create a new building, structure, facility or installation meeting the
criteria of Section (1)(b) or (c) above but otherwise alters, replaces,
or adds to existing process or production equipment.
(C) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(1) Begun, or caused to begin as part of a continuous on -site
construction program
(a) Any replacement, assembly, or installation of facilities
or equipment, or
Page 5
(b) Significant site preparation work including clearing,
excavation, or removal of existing buildings,
structures, facilities which is necessary for the
placement, assembly, or installation of new source
facilities or equipment; or
(2) Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its
operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and
design studies do not constitute a contractual obligation under
this paragraph.
(30) Non - contact cooling water: Water used for cooling which does not come into direct
contact with any raw material, intermediate product, waste product, or finished
product.
(3 1) Normal domestic sewage: Domestic sewage in which the average concentration of
suspended solids and five -day BOD are at two hundred and twenty -five (225) parts
per million (milligrams per liter) each, or lower.
(32) Owner or Occupant: Any person using the lot, parcel of land, building, or premises
connected to and discharging sewage into the POTW, and who pays, or is legally
responsible for the payment of, water rates or charges made against the said lot,
parcel of land, building or premises, if connected to the water distribution system of
the City, or who would pay or be legally responsible for such payment if so
connected.
(33) Parts per million: A weight -to- weight ratio also expressed as milligrams per liter; the
parts per million value, multiplied by the factor eight and three hundred forty -five
thousandths (8.345) shall be equivalent to pounds per million of water.
(34) Pass Through: The discharge of pollutants through the POTW into Waters of the
State in quantities or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any requirement of the
POTW's NPDES or TNRCC permit or any discharge permit issued by the State.
(35) Permit or Discharge Permit: A wastewater discharge permit issued to a Significant
Industrial Discharger to allow a discharge into the POTW.
Page 6
(36) Person: Any person, natural or artificial, including any individual, firm, company,
partnership, trust, estate, municipal or private corporation, association, governmental
agency or other entity, or their representatives, agents, servants or employees.
(37) pH: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration
expressed in grams per liter of solution. It shall be determined by one of the
procedures outlined in 40CFR136.
(38) Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the
wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, Chemical Oxidation
Demand (COD) toxicity, odor).
(39) POTW treatment plant: That portion of the POTW designed to provide treatment to
wastewater.
(40) Pretreatment or treatment: The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties in wastewater to
a less harmful state prior to or in lieu of discharging or otherwise introducing such
pollutants into a POTW. The reduction or alteration can be obtained by physical,
chemical, or biological processes, or process changes or other means, except as
prohibited by 40 CFR Section 403.6(d).
(41) Pretreatment Requirement: Any substantive or procedural requirement related to
pretreatment imposed on a Discharger by this Ordinance, by State statute or
regulation, or by a Categorical Pretreatment Standard.
(42) Pretreatment Standard or Standards: Pretreatment standards shall mean prohibitive
discharge standards, categorical pretreatment standards, and local limits.
(43) Properly shredded garbage: Garbage that has been shredded to such a degree that all
particles shall be carried freely under the flow conditions normally prevailing in the
sewer, with no particle, greater than one -half (1/2) inch in any dimension.
(44) Public sewer: A sewer in which all owners of abutting properties have equal rights and
interest, and which is controlled by public authority.
(45) Publicly -Owned Treatment Works (POTW): A treatment works, as defined by
Section 212 of the Act, which is owned by the City. This definition includes any
sewers that convey wastewater to the POTW treatment plant, but does not include
Page 7
pipes, sewers or other conveyances not connected to a facility providing treatment.
For the purposes of this ordinance, "POTW" shall also include any sewers that convey
wastewaters to the City's sewage collection and treatment system from persons
outside the City who are, by contract or agreement with the City, users of the City's
sewage collection and treatment system. This definition also includes any public
sludge disposal sites or public sludge handling or treatment structures or equipment.
(46) Sewage: The liquid and water - carried industrial or domestic wastes from dwellings,
commercial buildings, institutions, and/or industrial facilities, together with such
ground, surface, and storm water as may be present, whether treated or untreated,
which is discharged or permitted to enter the POTW.
(47) Sewage service charge: The charge made on all users of the public sewer system
whose wastes do not exceed in strength the concentration values established as
representative of normal domestic sewage.
(48) Sewer or sanitary sewer: A pipe or conduit for conveying sewage, and into which
storm, surface, and ground waters are not intentionally admitted.
(49) Shall - Is mandatory: May - Is permissive.
(50) Significant industrial Discharger: Any Industrial Discharger who (a) has an average
discharge flow into the POTW of 25,000 gallons or more per work day, or (b) has an
average daily (work day) discharge flow greater than 5 percent of the average daily
flow into the POTW Treatment Plant serving the Discharger; or (c) has in its wastes
toxic pollutants defined pursuant to Section 307 of the Federal Water Pollution
Control Act, and as defined by the Texas Statutes and Rules; or (d) is subject to
Categorical Pretreatment Standards; or (e) is found by the City, the Texas Natural
Resources Conservation Commission, or the U.S. Environmental Protection Agency
to have caused interference or otherwise to have significant impact, either singly or
in combination with other contributing industries, on the POTW, the quality of sludge,
the POTW's effluent quality, or air emissions generated by the POTW. This definition
includes any hauler of wastewater who discharges into tile POTW and who falls
within any of the criteria (a) through (e) specified herein.
(51) Slugload: Any substance released in a discharge at a rate and/or concentration which
causes interference to a POTW.
(52) Standard Industrial Classification (SIC): A classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
Page 8
(53) Standard Methods: The examination and analytical procedures set forth in the latest
edition of "Standard Methods for the Examination of Water and Sewage" as prepared,
approved and published jointly by the American Public Health Association, the
American Waterworks Association and the Water Pollution Control Federation.
(54) State: State of Texas, including the Texas Natural Resources Conservation
Commission ( "TNRCC ") or any duly- authorized agency thereof having jurisdiction
over Waters of the State, sewage collection or treatment, or municipal sewage sludge
disposal.
(55) Storm sewer or storm drain: A pipe or conduit for conveying storm and surface
waters and drainage, and from which domestic sewage and industrial waste is
excluded.
(56) Storm water: Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
(57) Surcharge: The charge, in addition to the sewage service charge, which is made on
those persons whose wastes are greater in strength than the concentration values
established as representative of normal domestic sewage.
(58) Suspended solids: Solids that either float on the surface of or are in suspension in
water, sewage or other liquids, and which are removable by laboratory filtration.
Quantitative determination of suspended solids shall be expressed in parts per million
by weight (milligrams per liter) and made in accordance with procedures set forth in
40CFR136.
(59) Toxic pollutant: Any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the Administrator of the Environmental Protection
Agency under the provisions of the Clean Water Act, Section 307(a), or other
legislation.
(60) Upset: Any exceptional incident in which a Discharger unintentionally and
temporarily fails to comply with the standards established in this ordinance or with the
Discharger's permit, due to factors beyond the reasonable control of the Discharger,
excluding non - compliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation thereof.
(61) Wastewater: The liquid and water - carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities, and/or institutions, together with
such ground, surface, and storm water as may be present, whether treated or
untreated, which is discharged, treated, stored, and/or disposed of.
Page 9
(62) Water of the State: The water of the ordinary flow, underflow, and tides of every
flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico,
jand the storm water, floodwater, and rainwater of every river, natural stream, canyon,
- ravine, depression, and watershed in the State.
(63) Watercourse: A channel in which a flow of water occurs, either continuously or
intermittently.
(64) Work day: When used in conjunction with the determination of a Significant Industrial
Discharger, the term means any day, or portion thereof, when the Discharger is
providing any service or producing its product or any part of its product line, or
otherwise generating non - domestic wastewaters that may be discharged to the
POTW. All other use of this term shall mean any day a non - domestic wastewater
discharge occurs.
(65) Abbreviations:
The following abbreviations shall have the designated meanings:
* BOD -
Biochemical Oxygen Demand
* CFR -
Code of Federal Regulations
* COD -
Chemical Oxygen Demand
* EPA -
U.S. Environmental Protection Agency
* gpd -
Gallons Per Day
* L -
Liter
* mg -
Milligrams
* mg/L -
Milligrams per Liter
* NPDES -
National Pollutant Discharge Elimination System
* O &M -
Operation and Maintenance
* POTW -
Publicly Owned Treatment Works
* RCRA -
Resource Conservation and Recovery Act
* SIC -
Standard Industrial Classifications
* SWDA -
Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
* TSS -
Total Suspended Solids
* USC -
United States Code
Sec. 19 -12. Policy, purposes and applicable regulations,
(A) This Ordinance provides for prohibitions on discharges of certain substances into the
POTW of the City from all sources, domestic, commercial, or industrial. A further purpose of this
Ordinance is to set forth uniform requirements for industrial Dischargers into the POTW and to
enable the Control Authority to protect the public health in conformity with all applicable state and
federal laws relating thereto.
Page 10
(B) The objectives of this Ordinance are:
(1) To prevent the introduction of pollutants into the POTW which will interfere
with the normal operation of the POTW or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the POTW which will pass
through the POTW, inadequately treated, into receiving waters or the
atmosphere or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle or reclaim the wastewater and to
dispose of, recycle, or reclaim the sludge generated by the POTW;
(4) To protect POTW personnel who may be affected by wastewater and sludge
in the course of their employment and to protect the general public;
(5) To provide for fees for the equitable distribution of the cost of operation,
maintenance and improvement of the POTW; and
(6) To enable the City of Stephenville to comply with its NPDES permit
conditions, sludge use and disposal requirements and any other Federal or
State laws to which the POTW is subject.
(C) The regulation of discharges into the POTW under this Ordinance shall be
accomplished through the issuance of permits, as specified herein, and by monitoring and inspection
of facilities, according to this Ordinance.
(D) Parts of this ordinance are enacted pursuant to regulations established by the U.S.
Environmental Protection Agency (EPA). All Categorical Pretreatment Standards, lists of toxic
pollutants, industrial categories, and other standards and categories which have been promulgated
by the EPA are incorporated as a part of this Ordinance, as are EPA regulations regarding sewage
Pretreatment established pursuant to the Clean Water Act. The City shall maintain current standards
and regulations which shall be available for inspection and copying.
(E) The City shall have the authority to promulgate such administrative regulations as are
from time to time necessary for the implementation and enforcement of this Ordinance. Public notice
Of any such proposed regulations shall be published in a newspaper of general circulation in the City
at least 14 days prior to promulgation. After such notice, the City shall give interested persons an
Opportunity to submit written data, views or arguments, with or without opportunity for oral
presentation. After consideration of the relevant matter presented, in conjunction with any regulation
adopted, the City shall prepare a concise general statement of the basis and purpose of the regulation.
(F) The City of Stephenville has developed and implemented procedures to ensure
compliance with the requirements of a Pretreatment Program, including random sampling and analysis
Page 11
of the effluent from industrial users and conducting surveillance activities in order to identify,
independent of information supplied by industrial users, occasional and continuing non - compliance
with pretreatment standards. Each Significant Industrial User will be inspected and samples collected
and analyzed at least once a year. The City will also evaluate, at least once every year during the
annual inspection, whether each Significant Industrial User needs a plan to control slug discharges.
Sec. 19 -13. Admission of industrial wastes into the public sewers.
(A) Approval required: Review and acceptance of the Control Authority, pursuant to
section 19 -24 of this Ordinance, shall be obtained prior to the discharge into the POTW of any
wastewaters having:
(1) A five -day, twenty (20) degrees Celsius biochemical oxygen demand (BOD)
greater than two hundred and twenty-five (225) parts per million, and/or
(2) Suspended solids containing greater than two hundred and twenty -five (225)
parts per million.
(B) Pretreatment: The Control Authority may require a Discharger to install, at the
Discharger's expense, preliminary treatment or processing facilities as may be necessary to prevent:
(1) Pass through; (2) Interference; (3) a violation of the Discharger's Categorical Pretreatment
Standards; (4) any general or specific discharge prohibition contained in this Ordinance; (5) any
adverse effect on the health and safety of personnel maintaining and operating the POTW; and (6)
any unreasonable adverse effect on the POTW.
(C) Grease, oil and sand interceptors: Grease, oil and sand interceptors shall be provided
for the proper handling of liquid wastes containing grease in amounts that might obstruct or otherwise
interfere with the operation of the POTW, or any flammable wastes, sand, or other harmful
ingredients; except that such interceptors shall not be required for private living quarters or dwellings.
All interceptors shall be of a type and capacity approved by the Control Authority and shall be located
so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall
be constructed of impervious materials capable of withstanding abrupt and extreme changes in
temperature. They shall be of substantial construction, watertight, and equipped with easily
removable covers which shall be gastight and watertight. Where installed, all grease, oil and sand
interceptors shall be maintained by the owner, at his expense in continuously efficient operation at
all times. (Ord. of 4 -3 -79, § 2) Owners shall keep complete records of all cleaning and maintenance
of interceptors. A record copy of the invoice for any cleaning or maintenance is to be forwarded to
the Control Authority by the disposal facility. If necessary, the Control Authority may establish and
require specific interceptor cleaning frequencies for individual owners to be in compliance.
Page 12
Sec. 19 -14. Prohibited discharges.
(A) No person shall discharge or cause to be discharged into the POTW, either directly
or indirectly, any waste, wastewater, or other substance which will cause interference
with the operation or performance of the POTW.
(B) No person shall discharge or cause to be discharged into the POTW, either directly
or indirectly, any of the following described substances, waste, or wastewater;
(1) Pollutants which create a fire or explosive hazard in the municipal wastewater
collection and POTW, including, but not limited to, wastestreams with a
closed -cup flashpoint of less than 140T (60 'C) using the test methods
specified in 40 CFR 261.21.
(2) Any wastewater having a pH less than 5.0 or more than 11.0, or otherwise
causing corrosive structural damage to the POTW or equipment, or
endangering City personnel.
(3) Solid or viscous substances in amounts which will cause obstruction of the
flow in the POTW resulting in interference, but in no case solids greater than
one -half (1/2) inch in any dimension.
(4) Any wastewater containing pollutants, including oxygen demanding pollutants
(BOD, etc.) released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other pollutants, will
cause interference with either the POTW or any wastewater treatment or
sludge process, or which will constitute a hazard to humans or animals.
(5) Any wastewater having a temperature greater than 150T (65 °C), or which
will inhibit biological activity in the treatment plant resulting in interference,
but in no case wastewater which causes the temperature at the introduction
into the treatment plant to exceed 104°C (40 °C).
(6) Petroleum oil, non - biodegradable cutting oil, or products of mineral oil origin,
in amounts that will cause interference or pass through.
(7) Any pollutants which result in the presence of toxic gases, vapors or fumes
within the POTW in a quantity that may cause acute worker health and safety
problems.
(8) Any trucked or hauled pollutants, except at discharge points designated by the
City of Stephenville in accordance with Section 19 -17.
Page 13
(9) Any noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a
public nuisance, a hazard to life, or to prevent entry into the sewers for
maintenance and repair.
(10) Any wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment plant's
effluent thereby violating the City of Stephenville's NPDES permit. Color (in
combination with turbidity) shall not cause the treatment plant effluent to
reduce the depth of the compensation point for photosynthetic activity by
more than 10 percent from the seasonably established norm for aquatic life.
(11) Any wastewater containing any radioactive wastes or isotopes except as
specifically approved by the Control Authority in compliance with applicable
State or Federal regulations.
(12) Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized water,
non - contact cooling water, and unpolluted industrial wastewater, unless
specifically authorized by the Control Authority.
(13) Any sludges, screenings, or other residues from the pretreatment of industrial
wastes.
(14) Any medical wastes, except as specifically authorized by the Control
Authority in a wastewater discharge permit.
(15) Any wastewater causing the treatment plant's effluent to fail a toxicity test.
(16) Any wastes containing detergents, surface active agents, or other substances
which may cause excessive foaming in the POTW.
(17) Any discharge of fats, oils, or greases of animal or vegetable origin is limited
to 100 mg/L.
(18) Any cyanide greater than two and six - hundredths (2.06) parts per million,
as CN (Total).
(19) Any chromium greater than twenty and nine- hundredths (20.9) parts per
million as Cr (Total).
(20) Any arsenic greater than sixty -eight thousandths (0.068) parts per million.
Page 14
(21) Any copper greater than two and twenty -three hundredths (2.23) parts per
i — million.
(22) Any nickel greater than twelve and fifteen- hundredths (12.15) parts per
million.
(23) Any cadmium greater than one and five - tenths (1.5) parts per million.
(24) Any zinc greater than three and thirty -eight hundredths (3.38) parts per
million.
(25) Any lead greater than four and fifty -seven hundredths (4.57) parts per
million.
(26) Any mercury greater than two- thousandths (0.0002) part per million.
(27) Any selenium greater than fifty -eight hundredths (0.58) part per million.
(28) Any silver greater than one and two - hundredths (1.02) parts per million.
(C) Wastes prohibited by this section shall not be processed or stored in such a manner
( that they could be discharged to the POTW. All floor drains located in process or materials
storage areas must discharge to the industrial user's pretreatment facility before connecting with
the POTW.
(D) No person shall discharge, or cause to be discharged, any storm water,
groundwater, roof runoff, subsurface drainage, downspouts, yard drains, yard fountains, ponds, or
lawn sprays into any sanitary sewer. Storm water and all other such unpolluted drainage water
shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural
outlet approved by the Control Authority.
(E) No wastewater may be discharged into any storm sewer within the City.
(F) No wastewater may be discharged into any Waters of the State within the City,
unless expressly authorized by the Texas Natural Resources Conservation Commission and the
EPA.
(G) No person shall discharge, or cause to be discharged into the POTW any
wastewater or other wastes containing:
(1) Free or emulsified oil and grease, or combinations thereof, exceeding on
analysis an average of one hundred (100) parts per million (833 pounds per
Page 15
million gallons) of either or both, if in the opinion of the Control Authority
it appears probable that such wastes:
a. Will deposit grease or oil in the sewer lines in such a manner to clog
the sewers;
b. Will overload skimming and grease - handling equipment;
C. Will not be amenable to bacterial action and will therefore pass to the
receiving water without beinq affected by normal sewage treatment
processes; or
d. Will have deleterious effect on the treatment process due to the
excessive quantities.
(H) If the Control Authority determines that any person is discharging, or causing to be
discharged, to the POTW any wastewater, or other substance in violation of the prohibitions in this
Section 19 -14, the Control Authority may take enforcement action pursuant to Section 19 -25 of this
Ordinance.
Sec. 19 -15. Special rules relating to industrial dischargers.
(A) Compliance with standards:
(1) Upon the promulgation of the Categorical Pretreatment Standards for a
particular industrial subcategory, the federal standard, if more stringent than
limitations imposed under this Ordinance for sources in that subcategory, shall
immediately supersede the limitations imposed under this Ordinance.
(2) State requirements and limitations on discharges to the POTW shall be met
by all Dischargers which are subject to such standards in any instance in which
they are more stringent than federal requirements and limitations or those in
this or any other applicable ordinance.
(3) No Discharger shall increase the use of process water or in any other way
attempt to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the Pretreatment Requirements set forth
in this Ordinance.
(4) The Control Authority may impose mass limitations on Dischargers where the
imposition of mass limitations is deemed appropriate.
Page 16
(B) Slugloads or Accidental Discharges:
(1) For purposes of this subsection, a slug discharge is any discharge of a non -
routine, episodic nature, including but not limited to an accidental spill or a non - customary batch
discharge. The results of such activities shall be available to the Approval Authority upon
request. If the POTW decides that a slug control plan is needed, the plan shall contain, at a
minimum, the following elements:
(a) Description of discharge practices, including non - routine batch
discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate the prohibition under
40CFR403.5(b), with procedures for follow -up written notification within
five days;
(d) If necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of plant site
run -off, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents) and/or
measures and equipment for emergency response.
(2) Prevention of accidental discharges: Each Discharger shall .provide prudent
protection from accidental discharge of prohibited materials or other
substances regulated by this Ordinance. Where necessary, facilities to prevent
accidental discharge of prohibited materials shall be provided and maintained
at the Discharger's cost and expense. When applicable, detailed plans showing
facilities and operating procedures to provide this protection shall be
submitted to the Control Authority for review, and shall be approved by the
Control Authority before construction of the facility. Each existing
Discharger as designated by the Control Authority shall complete its plan and
submit same to the Control Authority within 60 days after the effective date
of this Ordinance. No designated discharger proposing to connect or
contribute any wastewater to the POTW after the effective date of this
Ordinance shall be permitted to introduce pollutants into the system until
accidental discharge protection procedures have been approved by the Control
Authority. Review and approval of such plans and operating procedures by
the Control Authority shall not relieve the Discharger from the responsibility
to modify its facility as necessary to meet the requirements of this Ordinance.
Page 17
(3) Notice of accidental discharges or "slugloads ":
a. Dischargers shall notify the Control Authority orally as soon as
practicable but not later than within 24 hours following the occurrence
of a "slugload" or accidental discharge of substances prohibited by this
Ordinance. The notification shall include location of discharge, date
and time thereof, type of waste, concentration and volume, and
corrective actions.
b. A written report shall also be provided within 5 days of the
occurrence. The written report shall contain a description of the non-
compliance and its cause; the period of non - compliance, including
exact dates and times, and if the non - compliance has not been
corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the
non - compliance. The Control Authority may waive the written report
on a case -by -case basis if the oral report has been received within 24
hours.
C. Notification shall not relieve the Discharger of any expense, loss,
damage, or other liability which may be incurred as a result of damage
to the POTW, fish kills, or any other damage to person or property,
nor shall such notification relieve the Discharger of any fines, civil
penalties, or other liability which may be imposed by this article or
other applicable law.
(4) Liability due to accidental discharges or "slugloads ": Any Discharger who
discharges "slugloads" or prohibited materials shall be liable, pursuant to
Section 19 -29 of this Ordinance, for any expense, loss, or damage to the
POTW caused thereby, in addition to the amount of any fines imposed on the
Control Authority on account thereof under State and Federal law.
(5) Instructions to Employees: Each employer shall instruct all applicable
employees who may cause or discover such a discharge with respect to
emergency notification procedures including the proper telephone number
and/or extension number of the Control Authority to be notified.
(C) Bypass.
(1) (a) "Bypass" means the intentional diversion of wastestreams from any
portion of an industrial user's treatment facility.
Page 18
(b) "Severe property damage" means substantial physical damage to property,
damage to the treatment facilities which cause them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.
(2) An industrial user may allow any bypass to occur which does not cause
pretreatment standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are not
subject to the provision of paragraphs (3) and (4) of this section.
(3) (a) If an industrial user knows in advance of the need for a bypass, it shall
submit prior notice to the POTW, at least ten days before the date of the
bypass if possible.
(b) An industrial user shall submit oral notice of an unanticipated bypass that
exceeds applicable pretreatment standards to the POTW within 24 hours from
the time it becomes aware of the bypass. A written submission shall also be
provided within 5 days of the time the industrial user becomes aware of the
bypass. The written submission shall contain a description of the bypass and
its cause; the duration of the bypass, including exact dates and times, and, if
the bypass has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent re-
occurrence of the bypass. The POTW may waive the written report on a
case -by -case basis if the oral report has been received within 24 hours.
(4) (a) Bypass is prohibited and the POTW may take enforcement action against
an industrial user for a bypass, unless;
(i) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
(ii) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate back -up
equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or
preventative maintenance; and
(iii) The industrial user submitted notices as required under
paragraph (3) of this section.
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(b) The POTW may approve an anticipated bypass, after considering its
adverse effects, if the POTW determines that it will meet the three
conditions listed in paragraph (4) (a) of this section.
Sec. 19 -16. Wastewater Discharge permits.
(A) It shall be unlawful for any Significant Industrial Discharger to discharge to the POTW
any wastewater without a permit issued by the Control Authority in accordance with the provisions
of this Ordinance.
(B) All Significant Industrial Dischargers proposing to connect to or to contribute to the
POTW shall obtain a Wastewater Discharge Permit before connecting to or contributing to the
POTW. All existing Significant Industrial Dischargers connected to or contributing to the POTW
shall obtain a Discharge Permit within 120 days after the effective date of this Ordinance.
(C) Permit Application: All Significant Industrial Dischargers shall complete and file with
the Control Authority an application in the form prescribed by the Control Authority. Existing
Significant Industrial Dischargers shall apply for a Discharge Permit within 60 days after the effective
date of this Ordinance, and proposed new Significant Industrial Dischargers shall apply at least 60
days prior to connecting to or contributing to the POTW. No Significant Industrial Discharger shall
be permitted to discharge if it fails to submit a completed Discharge Perinit Application within the
specified time. In support of the application, the Discharger shall submit, in units and terms
appropriate for evaluation, the following information:
(1) Name, address, and location, (if different from the address);
(2) SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended;
(3) Wastewater constituents and characteristics including but not limited to those
mentioned in Sections 19 -13 and 19 -14 of this Ordinance as determined by a
reliable analytical laboratory; sampling and analysis shall be performed in
accordance with procedures established by the EPA pursuant to Section
304(8) of the Act and contained in 40 CFF, Part 136, as amended;
(4) Time and duration of contribution;
(5) Daily maximum, daily average, and monthly average wastewater flow rates,
including daily, monthly and seasonal variations if any;
(6) Site plans, floor plans, plumbing plans and details to show all sewers, floor
drains, sewer connections, and appurtenances by the size, location, and
elevation;
Page 20
(7) Description of activities, facilities, and plant processes on the premises,
including a list of all raw materials and chemicals used at the facility which are
or could accidentally or intentionally be discharged to the POTW;
(8) Wastewater constituents and characteristics, including any pollutants in the
discharge which are limited by any City, State, or Federal Pretreatment
Requirements, and a statement regarding whether or not the Pretreatment
Requirements are being met on a consistent basis and if not, whether
additional Operation and Maintenance (O &M) and/or additional pretreatment
is required for the Discharger to meet applicable Pretreatment Requirements;
(9) If additional pretreatment and/or O &M will be required to meet the
Pretreatment Requirements; the shortest time schedule by which the
Discharger will provide such additional pretreatment and/or O &M. The
completion date in this schedule shall not be later than the compliance date
established for the applicable Pretreatment Requirement:
The following conditions shall apply to,this schedule:
a. The schedule shall contain increments of progress in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the
Discharger to meet the applicable Pretreatment Requirements (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing
construction, completing construction, etc.).
b. No increment referred to in paragraph (a) shall exceed 9 months, nor
shall the total compliance period exceed 18 months.
C. Not later than 14 days following each date in the schedule and the
final date for compliance, the Discharger shall submit a progress
report to the Control Authority including, as a minimum, whether or
not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay, and the steps being taken by the
Discharger to return the construction to the schedule established. In
no event shall more than 9 months and 14 days elapse between such
progress reports to the Control Authority.
(10) Any other information as may be deemed by the Control Authority to be
necessary to evaluate the permit application.
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(11) The person signing the application shall make the following certification
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possiblility of fine and
imprisonment for knowing violations.
(D) Action on the permit application: The Control Authority will evaluate the completed
application and data furnished by the Discharger and may require additional information within 60
days. After evaluation of the completed application and acceptance of the data furnished, the Control
Authority shall issue or deny a Discharge Permit. If the Permit is issued, it shall be subject to terms
and conditions provided herein. If the Application is denied, the applicant shall be notified in writing
within 30 days of the reasons for such denial. If denial is based on the Control Authority's
determination that the applicant cannot meet the Pretreatment Requirements specified in this
Ordinance, the Control Authority may specify that additional pretreatment operations will be required
of the applicant in compliance with Section 19- 16(C)(9) of this Ordinance.
(E) Permit Conditions. Wastewater Discharge Permits shall be subject to all provisions of
this Ordinance and all other applicable regulations, industrial waste surcharges, and fees established
by the City. Permits may contain, but shall not be limited to, the following:
(1) Limits on the average and maximum wastewater constituents and
characteristics;
(2) Limits on average and maximum rate and time of discharge and/or
requirements for flow regulation and equalization;
(3) Development and implementation of accidental discharge prevention and slug
control plans pursuant to Section 19 -15 (B) (1) of this Ordinance;
(4) The unit charge or schedule of user charges and fees for the management of
the wastewater discharged to the POTW;
(5) Requirements for installation and maintenance of inspection and sampling
facilities;
(6) Location of approved discharge points;
Page 22
(7) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for tests, laboratory
analysis method, and reporting schedule;
(8) Compliance schedules;
(9) Requirements for submission of special technical reports or discharge reports
differing from those prescribed by this Ordinance;
(10) Requirements for maintaining and retaining plant records relating to
wastewater discharge as specified by the Control Authority, and affording
Control Authority access thereto;
(11) Requirements for notification of the Control Authority of any new
introduction of wastewater constituents or any substantial change in the
volume or character of the wastewater constituents being introduced into the
POTW;
(12) Requirements for notification of excessive, accidental, or slug discharges as
per Section 19- 15(B)(2);
(13) The duration of the Pemrit, which shall not extend beyond the expiration date
of the City's NPDES permit;
(14) Other conditions as deemed appropriate by the Control Authority to ensure
compliance with this Ordinance.
(F) Permit Modifications.
(1) The Control Authority may modify the permit for good cause including, but
not limited to, the following:
(a) To incorporate any new or revised Federal, State, or local
pretreatment standards or requirements;
(b) Material or substantial alterations or additions to the discharger's
operation processes, or discharge volume or character which were not
considered in drafting the effective permit;
(c) A change in any condition in either the industrial user or the POTW
that requires either a temporary or permanent reduction or elimination
of the authorized discharge in order to implement the prohibitions in
Page 23
Section 19 -14 of this Ordinance or in order to avoid any other
violation of this Ordinance;
�. (d) Information indicating that the permitted discharge poses a threat to
the Control Authority's collection and treatment systems, POTW
personnel, or the receiving waters;
(e) Violation of any terms or conditions of the permit;
(f) Misrepresentation or failure to disclose fully all relevant facts in the
permit application or in any required reporting;
(g) Revision of or a grant of variance from federal categorical
pretreatment standards pursuant to 40 CFR 403.13; or
(h) To correct typographical or other errors in the permit;
(i) To reflect transfer of the facility ownership and/or operation to a new
owner /operator;
(j) Upon request of the permittee, provided such request does not create
a violation of any applicable requirements, standards, laws, or rules
and regulations.
(2) The filing of a request by the permittee for a permit modification, revocation
and re- issuance, or termination, or a notification of planned changes or
anticipated non - compliance, does not stay any permit condition.
(3) Any request by the permittee for a modification of its permit shall be in
writing and shall be accompanied by all relevant data, documentation,
explanations, and other pertinent information.
(4) The Control Authority shall provide personal notice to the permittee, and
published notice if public interest is affected, of any proposed permit
modification at least fourteen (14) days prior to decision on the proposed
modification.
(5) The Control Authority shall provide the permittee and any requesting
interested persons with notice of the final modification decision.
(6) Appeal of permit modification decisions may be taken pursuant to the
procedures specified for permit appeals in Section 1946(G)(2) of this
Ordinance.
Page 24
(G) Permit issuance and appeal procedures.
(1) Public Notification: The Control Authority shall provide personal notice to the
permittee, and published notice in a newspaper of general circulation in the
City, of intent to issue a discharge permit, at least thirty (30) days prior to
issuance. The notice shall indicate a location where the draft permit may be
reviewed and an address where written comments may be submitted.
(2) Permit Appeals: The Control Authority shall provide all requesting interested
persons with notice of final permit decisions. Upon notice by the Control
Authority, any person, including the industrial user, may petition for
reconsideration of the terms of the permit within thirty (30) days of the
notice.
a. In its petition, the appealing party must indicate any permit provision
objected to, the reason for the objection, and the alternative condition,
if any, it seeks to be placed in the permit.
b. The effectiveness of the permit shall not be stayed pending a
reconsideration by the Control Authority unless the Control Authority
expressly so indicates.
C. The Control Authority shall respond in writing to any petition for
reconsideration within thirty (30) days.
d. In its response, the Control Authority shall indicate its decision
whether to affirm, vacate, or modify the terms of the permit issued.
e. The Control Authority's action upon any petition for reconsideration
shall be considered final for purposes of any judicial review.
(H) Permit Transfer: Permits may be reassigned or transferred to a new owner and/or
operator with prior approval of the Control Authority.
(1) The permittee must give at least thirty (30) days advance notice to the Control
Authority.
(2) The notice must include a written certification by the new owner which:
a. States that the new owner has no immediate intent to change the
facility's operations and processes;
Page 25
b. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing
permit.
(1) Permit Termination: Pretreatment permits may be terminated pursuant to Section
19 -25 for the following reasons:
(1) Falsifying self - monitoring reports;
(2) Tampering with monitoring equipment;
(3) Refusing to allow timely access to the facility premises and records;
(4) Failure to meet Pretreatment requirements;
(5) Failure to pay penalties imposed pursuant to Section 19 -32 of this Ordinance;
(6) Failure to pay sewer charges; or
(7) Failure to meet compliance schedules.
(J) Permit Reissuance; The Discharger shall apply for permit reissuance by submitting a
complete permit application a minimum of ninety (90) days prior to the expiration of the discharger's
- existing permit.
(K) Continuation of Expired Permits: An expired permit will continue to be effective and
enforceable until the permit is reissued if
(1) The Discharger has submitted a complete permit application at least ninety
(90) days prior to the expiration date of the Discharger's existing permit; and
(2) The failure to reissue the permit, prior to expiration of the previous permit, is
not due to any act or failure to act on the part of the Discharger.
(L) Petition for Relief from Permitting Requirement: Any Discharger under a permit issued
pursuant to this section may petition the Control Authority to find that:
(1) The Discharger no longer meets any of the criteria to be a "Significant
Industrial Discharger" as defined in Section 19 -11 (50);
(2) The Discharger has not met any of those criteria for the immediately
preceding three (3) years; and
Page 26
(3) Therefore, the permitting requirements of Section 19 -16 should no longer
apply to the Discharger.
The petitioning Discharger shall produce all information relevant to the requested
findings.
The Control Authority shall afford reasonable opportunity for a hearing on any
relevant factual issues upon request of the petitioning Discharger.
If the Control Authority finds that the Discharger does not meet any of the criteria to
be a Significant Industrial Discharger as defined in Section 19 -11 (50) and that the Discharger has
not met any of those criteria for the immediately preceding three (3) years, the Control Authority shall
cancel any existing permit issued to the Discharger, and the Discharger shall be relieved of any further
obligation to comply therewith.
No such permit cancellation shall affect any later determination that a Discharger
subsequently meets the criteria for a Significant Industrial Discharger.
Sec. 19 -17. Liquid Waste Hauler Permits.
(A) No person shall drain, flush, or clean out any tanks or basins containing chemical liquid
wastes, septic tank wastes, oil and grease trap wastes, or any other type of dometic or non - domestic
liquid wastes within the City unless such person is issued a permit by the Control Authority,
- authorizing such acts or services. Such permit shall also be required of all persons disposing of such
waste within the City, regardless of point of origin.
(13) No such liquid waste hauler shall discharge of wastewater or any other waste into the
POTW in violation of the standards, limitations, and other requirements specified in this Ordinance.
(C) Any disposal site within the City, and any method of disposal, must be approved by
the Control Authority. Copies of trip tickets shall be maintained and made available for inspection
at any reasonable time.
(D) Any liquid waste hauler who is a Significant Industrial Discharger shall also obtain a
Discharge Permit pursuant to Section 19 -16 of this Ordinance.
Sec. 19 -18. Monitoring facilities.
Unless expressly exempted by the Control Authority, all Significant Industrial Dischargers
shall provide, at their own expense, monitoring facilities prior to approval of a permit application, to
allow inspection, sampling and flow measurement at each discharge point. Each monitoring facility
shall be located on the Discharger's premises; except, in the case where such location would be
Page 27
impractical or cause undue hardship to the Discharger, the Control Authority may approve the
placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and
facilities shall be maintained in safe and proper operating condition at the expense of the Discharger.
Failure to provide proper monitoring facilities shall be grounds for denial of a permit
application.
Sec. 19 -19. Inspections and sampling.
(A) The Control Authority may inspect the facilities of any Discharger to determine
compliance with the requirements of this Ordinance. The Discharger shall allow the Control
Authority or its representatives to enter upon the premises of the Discharger at all reasonable tunes,
for the purposes of inspection, sampling, or examination of records. Any employee, agent, or other
representative of the Control Authority who enters private property shall observe the establishment's
rules and regulations concerning safety, internal security, and fire protection, and if the property has
management in residence, shall notify management or the person then in charge of his presence and
shall exhibit proper credentials. The Control Authority shall have the right to set up on the
Discharger's property such devices as are reasonably necessary to conduct sampling, inspection,
compliance monitoring, metering and/or measuring operations.
(B) Any discharges of wastewater or other waste into the POTW shall be subject to
inspection and/or sampling as often as may be deemed necessary by the Control Authority. Samples
shall be collected in such manner as to be representative of the character and concentration of the
wastewater or waste under operating conditions. Upon specific request, the Control Authority shall
provide the Discharger with a split set of all discharge samples taken. The laboratory methods used
in the examination of said waste shall be those set forth in 40CFR136. Regular inspections and/or
sampling shall be conducted at such times and on such schedules as may be established by the Control
Authority. Should a Discharger desire that a scheduled inspection and/or sampling be conducted at
some time other than that scheduled by the Control Authority, such inspection and/or sampling may
be conducted by the Control Authority at the expense of the Discharger.
(C) Unscheduled inspections may be conducted whenever deemed by the Control
Authority to be reasonably necessary to ensure that the terms of this Ordinance are complied with.
(D) The failure or refusal of a Discharger to allow the access required by this Section shall
be grounds for the disconnection of water and/or sewer service to the Discharger's facility, pursuant
to the provisions of this Ordinance applicable to enforcement and /or termination of service.
Sec. 19 -20. Determination of flow.
(A) The water consumption during the previous month, as determined from the meter
records of the City water department, shall be the basis for computing the sewage flow from any
Discharger, unless actual sewage flow is measured by a recording meter of a type approved by the
Page 28
Control Authority. The Discharger shall install and maintain such recording meter in proper condition
to accurately measure such flow. Upon failure to do so, the meter consumption shall be the basis for
computing the sewage flow.
(B) When water is contained in a product or is evaporated or is discharged as unpolluted
wastewater in an uncontaminated condition to surface drainage (in compliance with this Ordinance
and all State and Federal law), an application inay be made for a reduction in the computed volume
of waste discharged to the POTW, provided supporting data satisfactory to the Control Authority
is famished. Such data shall include a flow diagram and other indication of the destination of water
supply and/or wastewater, supported by data from meters installed on such process piping at the
expense of the Discharger.
(C) Any Discharger who procures any part or all of his water supply from a source or
sources other than the City, any of which is discharged into the POTW, shall install and maintain at
his expense an effluent meter and /or other flow measuring device of a type approved by the Control
Authority for the purpose of determining the proper volume of flow to be used in computing sewer
flow. Such meters or measuring devices shall be read monthly.
Sec. 19 -21. Reporting Requirements for Significant Dischargers/Pemittees.
(A) Baseline Report: Within 90 days following the effective date for any applicable
Categorical Pretreatment Standard or prior to commencement of the introduction of wastewater into
the POTW by a new Significant Industrial Discharger, any Significant Industrial Discharger subject
to a Categorical Pretreatment Standard shall submit to the Control Authority a report, indicating the
nature and concentration of all prohibited or regulated substances contained in its discharge, and the
average and maximum daily flow in gallons. The report from existing Significant Industrial
Dischargers shall state whether the applicable Categorical Pretreatment Standards and Pretreatment
Requirements are being met on a consistent basis, and if not, what additional O &M and/or
pretreatment is necessary to bring the Discharger into compliance with the applicable Categorical
Pretreatment Standards and Pretreatment Requirements. This statement shall be signed by an
authorized representative of the Discharger, and certified by a qualified professional.
(B) Compliance Date Report: Within 90 days following the date for final compliance by
a Significant Industrial Discharger with an applicable Categorical Pretreatment Standard or 90 days
following commencement of the introduction of wastewater into the POTW by a new Significant
Industrial Discharger, any Significant Industrial Discharger subject to a Categorical Pretreatment
Standard shall submit to the Control Authority a report indicating the nature and concentration of all
prohibited or regulated substances contained in its discharge, and the average and maximum daily
flow in gallons. The report shall state whether the applicable Pretreatment Standards and
Requirements are being met on a consistent basis and, if not, what additional 0 &M and/or
pretreatment is necessary to bring the Discharger into compliance with the applicable Pretreatment
Standards and Requirements. This statement shall be signed by an authorized representative of the
Discharger, and certified to by a qualified professional.
Page 29
(C) Periodic Compliance Reports: Any Significant Industrial Discharger subject to a
Categorical Pretreatment Standard or requested by the Control Authority shall submit to the Control
Authority, during the months of June and December of each year, a report indicating the nature and
concentration of prohibited and regulated substances in the effluent which are limited by the
Pretreatinent Standards or Requirements. In addition, this report shall include a record of all
measured or estimated average and maximum daily flows which, during the reporting period,
exceeded the average daily flow specified in.the Discharger's permit. Flows shall be reported on the
basis of actual measurement, provided however, where cost or feasibility considerations justify, the
Control Authority may accept reports of average and maximum flows estimated by verifiable
techniques. The Control Authority, taking into consideration such factors as local high or low flow
rates, holidays, budget cycles, or other extenuating factors, may authorize the submission or said
reports on months other than those specified above.
(d) Reports of Significant Industrial Dischargers shall contain all results of sampling and
analysis of the discharge, including the flow rate, the nature and concentration of the constitunts, or
the production and mass of the constituents, where required by the Control Authority. The frequency
of monitoring by the Discharger shall be as prescribed in the applicable Categorical Pretreatment
Standard or in this Ordinance, or more frequently as specified by the Control Authority. Sampling
shall be done in accordance with 40CFR136.
If sampling performed by an Industrial User indicates a violation, the user shall notify
the Control Authority within 24 hours of becoming aware of the violation. The User shall also repeat
the sampling and analysis and submit the results of the repeat analysis to the Control Authority within
30 days after becoming aware of the violation, except the Industrial User is not required to re- sample
if
(1) The Control Authority performs sampling at the Industrial User at a frequency
of at least once per month, or
(2) The Control Authority performs sampling at the User between the time when
the User performs its initial sampling and the time when the User receives the results
of this sampling.
(E) The reporting requirements specified in this section 19- 21 as applicable, to Significant
Industrial Dischargers who are subject to Categorical Pretreatment Standards shall also apply to any
other Significant Industrial Discharger upon whom the Control Authority imposes such reporting
requirements.
Section 19 -22. Confidential Information.
(A) All information and data submitted by a Discharger to the Control Authority may be
submitted to the Environmental Protection Agency pursuant to the Clean Water Act and the
regulations promulgated by the EPA governing the POTW. Such information shall be considered
Page 30
subject to public disclosure, provided, however, that the Discharger may request that information not
be subject to public disclosure, in accordance with 40 CFR Part 2, as follows:
- (1) A Discharger may assert a business confidentiality claim covering part or all
of the information, in a manner described below, and that information covered
by such a claim will be disclosed only by means of the procedure set forth
below.
(2) If no claim of business confidentiality is asserted, all information will be
subject to public disclosure without further notice to the Discharger.
(B) Method and time of asserting business confidentiality claim: A Discharger which is
submitting information to the Control Authority may assert a business confidentiality claim covering
the information by placing on (or attaching to) the information, at the time it is submitted to the
Control Authority, a cover sheet, stamped or typed legend, or other suitable form of notice employing
language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential
portions of otherwise non - confidential documents should be clearly identified by tile Discharger, and
may be submitted separately to facilitate identification and handling by the Control Authority. If the
Discharger desires confidential treatment only until a certain date or until the occurrence of a certain
event, the notice should so state.
(C) Nothing in this section shall prevent the disclosure of information and data regarding
the nature and content of a Discharger's effluent, the frequency of discharge, or a standard or
limitation to be met by Discharger, and this information shall be available to the public with no
' restrictions.
Sec. 19 -23. Publication of Industrial Users in Significant Non - compliance.
The City of Stephenville shall publish annually, in the largest daily newspaper published in the
municipality where the POTW is located, a list of the industrial users which, during the previous
twelve (12) months, were in significant non - compliance with applicable pretreatment standards and
requirements. The term significant non - compliance shall mean:
(1) Chronic violations of wastewater discharge limits, defined as those in which sixty-six
percent (66 %) or more of wastewater measurements taken during a 6 -month period
exceed the daily maximum limit or monthly average limit for the same pollutant
parameter by any amount;
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty -
three percent (33 %) or more of wastewater measurements taken for each pollutant
parameter during a 6 -month period equals or exceeds the product of the daily
maximum limit or the monthly average limit multiplied by the applicable criteria (1.4
for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pIT);
Page 31
_ (3) Any other discharge violation that the City of Stephenville believes has caused, alone
or in combination with other discharges, interference or pass through (including
endangering the health of City personnel or the general public);
(4) Any discharge of pollutants that has caused imminent endangerment to the public or
to the environment, or has resulted in the City's exercise of its emergency authority
to halt or prevent such a discharge.
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for
starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within 30 days after the due date, any required reports, including
baseline monitoring reports, 90 day compliance reports, periodic self - monitoring
reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report non - compliance;
(8) Any other violation(s) which the City determines will adversely affect the operation
or implementation of the local pretreatment program.
Sec. 19 -24. Industrial waste surcharge.
Persons discharging wastes or wastewaters which exhibit none of the characteristics of wastes
prohibited in Section 19 -14, other than excessive BOD or suspended solids, but having an average
concentration during a twenty-four period of suspended solids or BOD content in excess of "normal
domestic sewage ", as defined in Section 19 -11 (3 1) shall be required to pretreat the industrial wastes
to meet the requirements of "normal domestic sewage "; however, such wastes may be accepted for
treatment if all the following requirements are met:
(1) The wastes will not cause damage to the collection system;
(2) The wastes shall not cause interference to the treatment process; and
(3) The donor of wastes enters into a contractual agreement with the City providing for
a surcharge over and above published water and sewer rates. The basis for surcharge
on industrial waste shall be established by separate ordinance for waste load
measurements exceeding "normal domestic sewage" limits set forth in Section 19 -11
(31), such rate to continue until changed by regulation or an amendment of this
Ordinance. The above described surcharge shall be calculated by the following:
BOD Surcharge, $ /day' = (Rate/lb)(million gallons per day)(BOD
mg/L minus 225 mg/0)(8.34 lb /gal).
Page 32
TSS Surcharge, $ /day' _ (Rate /lb)(million gallons per day)(TSS mg/L minus 225
mg/0)(8.34 lb /gal).
' Working days for specific industry
2 Refer to Section 19 -11 (3 1)
Monitoring for surcharge determination(s) may be conducted by the City on a random basis
and shall consist of time or flow - weighted twenty-four composite samples. Monitoring frequency
and application of monitoring results shall be as determined by the City or, where applicable, as
specified in industrial user permits. (Ord. No. 1990 -18)
Sec. 19 -25. Enforcement.
(A) Revocation of Permit: In accordance with the procedures in this Section 19 -25 of this
Ordinance, the Control Authority may revoke the permit of any Discharger which (i) fails to factually
report the wastewater constituents and characteristics of its discharge; (ii) fails to report significant
changes in wastewater constituents or characteristics; (iii) refuses to allow reasonable and timely
access to the Discharger's premises by representatives of the Control Authority for the purpose of
inspection or monitoring; (iv) fails to fiilfill the conditions of its permit; (v) fails to meet Pretreatment
Requirements; (vi) fails to pay penalties imposed pursuant to Section 19 -32 of this Ordinance; (vii)
fails to pay bills for sewer services; or (viii) fails to meet compliance schedules.
(B) Notification of Violation; Administrative Adjustment: Whenever the Control Authority
finds that any Discharger has violated or is violating this Ordinance or its Discharge Permit, the
Control Authority may serve or cause to be served upon such Discharger a written notice, either by
personal delivery or by certified or registered mail, return receipt requested, stating the nature of the
alleged violation. Within thirty (30) days of the date of the notice, the Discharger shall respond in
person or in writing to the Control Authority, stating its position with respect to the notice of
violation. Thereafter, the parties shall meet to discuss the occurrence of the violation or violations
alleged and, where necessary, establish a plan for the satisfactory correction thereof.
(C) Show Cause Hearing: Where any violation of permit or Ordinance is not corrected by
means of administrative adjustment as described in subsection (b), the Control Authority may order
any violating Discharger to show cause, before the Control Authority or its duly authorized
representative, why the proposed enforcement action should not be taken. A written notice shall be
served on the Discharger by personal service, certified or registered, return receipt requested,
specifying the time and place of a hearing to be held by the Control Authority or its designee
regarding the violation, the reasons why the enforcement action is to be taken, the proposed
enforcement action, and directing the Discharger to show cause before the Authority or its designee
why the proposed enforcement action should not be taken. The notice of the hearing shall be served
no less than ten (10) days before the hearing. Service may be made on any agent, officer, or
authorized representative of the Discharger. The Director of the Control Authority may himself
Page 33
conduct the hearing and take the evidence, or he may designate any employee of the City or any
specially appointed attorney or engineer to:
(1) Issue in the name of the City notices of hearing requesting the attendance and
testimony of witnesses and the production of evidence relevant to any matter
involved in such hearing;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and other
evidence, together with recommendations to the Control Authority for action
thereon.
At any hearing held pursuant to this Section, testimony taken must be under oath and recorded. Any
parry is entitled to present his/her case or defense by oral or documentary evidence, and to conduct
such cross - examination as may be required for a full and true disclosure of the facts. A transcript will
be made available to any member of the public or any parry to the hearing upon payment of the usual
charges thereof.
(D) Action following show -cause hearing: After the Control Authority has reviewed the
evidence, it may issue an order to the Discharger responsible for any violation found
to have been committed, directing that, following a specified time period, the sewer
service be discontinued unless adequate treatinent facilities, devices or other related
appurtenances shall have been installed or existing treatment facilities, devices or
other related appurtenances are properly operated. Further orders and directives as
are necessary and appropriate may be issued, including revocation or suspension of
any Discharge Permit.
(E) Right to Appeal: Following the entry of the order by the Control Authority with
respect to the conduct of a Discharger, the Discharger may file an appeal in an
appropriate court of competent jurisdiction challenging the Control Authority's order.
Section 19 -26. Emergency Suspension of Service and/or Discharge Permits.
The Control Authority may suspend the wastewater treatment service and/or a wastewater
Discharge Permit when such suspension is necessary, in the opinion of the Control Authority, in order
to stop an actual or threatened discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment, causes interference to the
POTW, or causes the City to violate any condition of its NPDES Permit. Also, the Control Authority
may suspend wastewater treatment service and/or a wastewater Discharge Permit whenever acids and
chemicals damaging the sewer lines or treatment processes are released to the sewer causing rapid
deterioration of such structures or interfering. with proper treatment of sewage.
Page 34
Any Discharger notified of a suspension of the wastewater treatment service and/or its
wastewater Discharge Permit shall immediately stop or eliminate the offending discharge. In the
event of a failure of the Discharger to comply voluntarily with the suspension order, the Control
Authority shall take such steps as deemed necessary, including immediate disconnection of the
Discharger's sewer and/or water service connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals or the environment.
In the case of emergency disconnection of service, the Control Authority shall make
reasonable attempts to notify the Discharger or user of the premises where such offending discharge
is generated before disconnecting the water or sewer service line. The party whose service has been
disconnected shall have an opportunity for a hearing on the issue of the offending discharge and the
disconnection as soon as possible after such disconnection has taken place.
The Control Authority shall reinstate the wastewater Discharge Permit and/or the wastewater
treatment and/or water service upon proof of the elimination of the offending discharge. A detailed
written statement by the Discharger describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence shall be submitted to the Control Authority within
15 days of the date of the occurrence. The City water and/or wastewater service shall be reconnected
only at the Discharger's expense.
Sec. 19 -27. Legal Action.
If any person discharges wastewater or other wastes into the City's POTW contrary to the
provisions of this Ordinance, Federal or State Pretreatment Requirements, or any order of the City,
the City Attorney may commence an action for appropriate legal and/or equitable relief in any court
Of competent jurisdiction.
Section 19 -28. Protection from damage.
No unauthorized person shall maliciously or willfully break, damage, uncover, deface or
tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works.
Any person violating this provision shall be subject to immediate arrest under the charge of disorderly
conduct.
Section 19 -29. Recovery of Costs incurred by the Control Authority.
Any Discharger violating any of the provisions of this Ordinance or causing damage to or
impairing the City's wastewater disposal, system, shall be liable to the City for any expense, loss, or
damage caused by such violation or discharge. The City shall bill the Discharger for the costs
incurred by the City for any cleaning, repair, or replacement work caused by the violation or
discharge.
Page 35
Section 19 -30. Wsets.
(A) Any Discharger which experiences an upset in operations which places the Discharger
in a temporary state of non - compliance with this Ordinance shall inform the Control
Authority thereof orally as soon as practicable but not later than within 24 hours of
first awareness of the commencement of the upset. A written report shall also be filed
by the Discharger with the Control Authority within five (5) working days. The
report shall specify:
(1) Description of the upset, the cause thereof, and the upset's impact on a
Discharger's compliance status;
(2) Duration of noncompliance, including exact dates and times of
non - compliance, and if the non - compliance continues, the time by which
compliance is reasonably expected to occur; and
(3) All steps taken or to be taken to reduce, eliminate,and prevent recurrence of
such an upset or other condition of noncompliance.
(B) The Control Authority may waive the written report on a case -by case basis if an oral
report has been received within 24 hours.
(C) An upset constitutes an affirmative defense to any enforcement action brought by the
Control Authority against a Discharger for any noncompliance with this Ordinance
occurring during the period of the upset if the Discharger demonstrates, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the Discharger can identify the cause(s) of the
upset;
(2) The discharging facility was at the time being properly operated;
(3) The Discharger submitted the 24 -hour notice and written report as required
by subsection (a) of this section; and,
(4) The Discharger has taken all reasonable steps to minimize or prevent any
discharge in violation of its permit or this Ordinance which had a reasonable
likelihood of adversely affecting human health or the environment.
(D) In any enforcement action, any Discharger seeking to establish the occurrence of an
upset has the burden of proof.
Page 36
Section 19 -31. Variances
A Discharger may apply to the City for a variance from any discharge limitation specified in
section 19 -14 (b) of this Ordinance. The City may grant such a variance if the discharge limitation
does not prevent and is not designed to prevent: (1) Pass Through; (2) Interference; (3) a violation
of the Discharger's Categorical Pretreatment Standards; (4) any adverse damage to the health and
safety of personnel maintaining and operating the POTW; or (6) any exceedence of the criteria for
water quality developed by EPA pursuant to section 304 of the Clean Water Act, 33 U. S.C. § 1314.
Section 19 -32. Penalties.
(A) If any person intentionally, knowingly, or recklessly violates any of the provisions of
this ordinance or of the Stephenville City Code relating to the sewer service, he shall
be guilty of a misdemeanor and, upon conviction in the municipal court, shall be
punished by a fine not exceeding One Thousand Dollars ($1,000) for each offense.
Each day on which such a violation shall occur or continue shall be deemed a separate
offense.
(B) Any person who knowingly makes any false statement, representation or certification
in any application, record, report, plan or other document filed or required to be
maintained pursuant to this ordinance or Wastewater Discharge Permit or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or
method required under this Ordinance, shall, for each offense be guilty of a
misdemeanor and, upon conviction in the municipal court, shall be punished by a fine
of not more than One Thousand Dollars ($1,000).
(C) In addition to the penalties provided in this Section, the City may recover reasonable
attorneys, fees, court costs, court reporters, fees and other expenses of litigation
against any person found to have committed any offense described in subsections (a)
and (b) above.
Section 19 -33. Billing.
Industrial waste surcharges provided for in this Ordinance shall be included as a separate item
on the regular bill for water and sewer charges and shall be paid monthly in accordance with the
existing practices. Surcharges will be paid at the same time that the water, sewer, and sanitation
charges of the persons become due. The Control Authority shall specify in each bill the determination
of the amount due for all surcharges. Payment for water, sewer, and sanitation services shall not be
accepted without payment also of sewer service charges and surcharges.
Page 37
Section 19 -34. Failure to pay bills.
If a Discharger's payment of its monthly bills for water and sewer services, including any
industrial waste surcharges, is more than sixty (60) days overdue, the Control Authority may
disconnect all connections to the water and sanitary sewer mains to the City. The same penalties and
charges now or hereafter provided for by the ordinances of the City for failure to pay the bill for
water service when due shall be applicable in a like manner in case of failure to pay the established
surcharge for industrial waste discharged to the sanitary sewer mains as established in Section 19 -23
of this Ordinance.
Section 19 -35. Miscellaneous.
(A) Removal Credits: Where applicable, the Control Authority may elect to initiate a
program of removal credits as part of this Ordinance to reflect the POTW's ability to remove
pollutants in accordance with 40 CFR Part 403.7.
(B) Net/Gross Calculations: A Discharger whose only source of intake water is the City
water service may apply to the Control Authority to adjust Categorical Pretreatment Standards and/or
Pretreatment Requirements in this Ordinance to reflect the presence of pollutants in the Discharger's
intake water, in accordance with 40 CFR Part 403.15.
(C) Preservation of Records: All Dischargers subject to this Ordinance shall retain and
preserve for no less than three (3) years, any records, books, documents, memoranda reports,
correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical
analyses made by and on behalf of a Discharger in connection with its discharge.
All records which pertain to matters which are the subject of administrative adjustment
or any other enforcement or litigation activities brought by the Control Authority pursuant hereto
shall be retained and preserved by the Discharger until all enforcement activities have concluded and
all periods of limitation with respect to any and all appeals have expired.
(D) Costs of Administering Program: The Control Authority may make such charges,
known as monitoring and pretreatment charges, as are reasonable for services rendered in
administering the programs outlined in this ordinance. Such charges shall be equitable as between
users of the POTW system. The Control .Authority shall provide, upon request, documentation and
justification for all calculations in determining the charges. Such charges may include, but are not
limited to, the following:
(1) permitting industrial facilities;
(2) inspection;
(3) sample analysis;
Page 38
(4) monitoring;
(5) enforcement.
(E) Right of Revision: The Control Authority reserves the right to amend this Ordinance
to provide for more or less stringent limitations or requirements on discharges to the POTW where
deemed necessary to comply with the objectives set forth in Section 19 -12 of this Ordinance.
Section 19 -36. Severability.
If any provision, paragraph, word, section, or article of this Ordinance is invalidated by any
court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters
shall not be affected and shall continue in full force and effect.
Section 19 -37. Conflict.
All other Ordinances and parts of other Ordinances inconsistent or conflicting with any part
of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
AT EST:
Cindy L. ord City etary
A"
Reviewed by Donald B. Davis,
City Administrator
Randy Thomas, City Attorney
Approved as to form and legality
Page 939
Lavinia Lohrmann, Mayor
ORDNINANCE NO. 1996 -14
AN ORDINANCE TO PROVIDE FOR AN INDUSTRIAL WASTE SURCHARGE FOR
B.O.D. AND T.S.S CONCENTRATION ABOVE THAT OF NORMAL DOMESTIC
SEWAGE, SUCH SURCHARGE TO BE S.16 CENTS PER POUND FOR B.O.D. AND $.15
CENTS PER POUND FOR T.S.S.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE THAT:
Persons discharging wastes or wastewaters which exhibit none of the characteristics of wastes
prohibited in Section 19 -14 of Ordinance No. 1996 -13, other than excessive BOD or suspended
solids, but having an average concentration during a twenty -four hour period of suspended solids or
BOD content in excess of "normal domestic sewage ", as defined in Section 19 -11 (3 1) of Ordinance
No. 1996 -13, shall be required to pretreat the industrial wastes to meet the requirements of "normal
domestic sewage'; however, such wastes may be accepted for, treatment if all the following
requirements are met:
(1) The wastes will not cause damage to the collection system;
(2) The wastes shall not cause interference to the treatment process; and
(3) The donor of wastes enters into a contractural agreement with the City providing for
a surcharge over and above published water and sewer rates. The basis for surcharge
on industrial waste shall be $.16 cents per pound for BOD (Biochemical Oxygen
Demand) and $.15 cents per pound for TSS (Total Suspended Solids) for waste load
measurements exceeding "normal domestic sewage" limits set forth in Section 19 -11
(3 1) of Ordinance No. 1996 such rate to continue until changed by regulation or
an amendment to this Ordinance. The above described surcharge shall be interpreted
to provide a charge of $.16 cents per pound of BOD and $.15 cents per pound of TSS
above "normal domestic sewage" and shall be calculated by the following:
BOD Surcharge, $/day' = ($0.16/lb)(million gallons per day)(BOD mg/L minus 225
mW)(8.341b /gal).
TSS Surcharge, $ /day' = ($0.15/lb)(million gallons per day)(TSS mg/L minus
225 mg/L2)(8.34 lb /gal).
' Working days for specific industry.
2 Refer to Section 19 -11 (3 1) of Ordinance No. 1996 -33.
Monitoring for surcharge determination(s) may be conducted by the City on a random basis
and shall consist of time or flow- weighted twenty -four hour composite samples. Monitoring
n Surcharge Ordinance Page 1
y
a
frequency and application of monitoring results shall be as determined by the City or, where
applicable, as specified in industrial user permits.
Sections 19 -25 through 19 -37 of Ordinance No. 19964 3 and the rights, remedies and duties
contained therein are hereby made a part of this Ordinance by reference, for all purposes.
PASSED AND APPROVED this 7th day of May, 1996.
vinia Lohrm ayor
ATTEST:
Cindy L(,Sfaffor'd, CitjMcret
'k� &- iI
Reviewed by Donald B. Davis,
City Administrator
Approved as to form and legality
Randy Thomas, City Attorney
Page 2
ORDINANCE NO. 1996 -15
AN ORDINANCE PROVIDING AN AMENDED BUDGET FOR THE REMAINDER OF
THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30,
1996.
WHEREAS, the amended budget for the fiscal year beginning October 1, 1995 and ending
September 30, 1996, was duly presented to the City Council by the City Administrator and a public
notice was posted in the Stephenville City Hall.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE, TEXAS:
SECTION 1. That the amended appropriations for the fiscal year beginning October 1, 1995
and ending September 30, 1996, for the support of the general government of the City of
Stephenville, Texas, be amended and fixed for the remainder of the fiscal year ending September 30,
1996, with the revenues and expenditures shown in the city's amended 1995 -1996 budget.
SECTION 2. That the amended budget is hereby approved in all respects and adopted as the
City's budget for the remainder of the fiscal year ending September 30, 1996.
PASSED and APPROVED this the 7th day of May, 1996.
Lavinia Lo Mayor
ATTEST:
/'1 C f //
Cindy L. taffo rcY
CitySeary
& P% 8 aU W U
4
Reviewed by Donald B. Davis,
City Administrator
Approved and legality
r Randy Thomas, City Attorney
RESOLUTION NO. 1996 -4
A RESOLUTION INFORMING THE U.S. ENVIRONMENTAL PROTECTION AGENCY,
REGION VI, THAT THE CITY OF STEPHENVILLE HAS TAKEN THE APPROPRIATE
ACTION CONCERNING PRETREATMENT PROGRAM REQUIREMENTS CONTAINED
IN NPDES WASTEWATER PERMIT NO. TX0024228.
WHEREAS, on May 7, 1996, the governing body of the City of Stephenville adopted
Ordinance No. 1996 -13 concerning sewer use and wastewater control; and
WHEREAS, the City is responsible for implementing, supervising and funding the
pretreatment program, as approved by the Environmental Protection Agency; and
WHEREAS, the governing body of the City of Stephenville, endorses the pretreatment
program as set out in Ordinance No. 1996 - �14
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF STEPHENVILLE:
That the City will take all actions necessary to maintain the pretreatment requirements
contained in NPDES Permit No. TX0024228 and as fully described in Ordinance No. 1996 -13
That the City hereby informs the United States Environmental Protection Agency, Region VI,
that the governing body has taken the foregoing action concerning the pretreatment requirements
contained in NPDES Permit No. TX0024228.
PASSED, SIGNED, APPROVED and ADOPTED this 7th day of May, 1996.
Lavinia Lohrma'An, Mayor
ATTEST:
Cindy L taffor , City ret6 ary
Reviewed by Donald B. Davis,
City Administrator
u r`
Randy Thomas, City Attorney
Approved as to form and legality
5 'e
N
S,
�l
RESOLUTION NO. 1996 -5
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE CITY GENERAL ELECTION.
There came to be considered the returns of an election held on the 4th day of May, 1996 for the
purpose of electing the hereinafter named officials, and it appearing from said returns, duly and legally
made, that there were cast at said election 1382 valid and legal votes; that each of the candidates in
said election received the following votes:
John Pollan
Scott Evans
CITY COUNCIL, PLACE 2
Barbara Terrell 1110
CITY COUNCIL, PLACE 6
Billy Bob Hodges 1072
MAYOR
N
CITY COUNCIL. PLACE 4
Jeff Arnold 214
Jerry Madkins 460
Marshall Shelton 606
CITY COUNCIL. PLACE 8
Bill Corbin
M:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE, TEXAS:
That said election was duly called; that notice of said election was given in accordance with law, and
that said election was held in accordance with law, and that:
John Pollan was duly elected as Mayor;
Barbara Terrell was duly elected to City Council, Place 2;
Marshall Shelton was duly elected to City Council, Place 4;
Billy Bob Hodges was duly elected to City Council, Place 6;
Bill Corbin was duly elected to City Council, Place 8.
Said above -named parties are hereby declared duly elected to said respective offices, subject to the
taking of their oaths of office as provided by the laws of the State of Texas and the Charter of the
City of Stephenville, Texas.
PASSED AND APPROVED by the City Council of the City of Stephenville, Texas, this the 7th day
of May, 1996.
Lavinia Lohrm i, Mayor
ATTEST
n
Cindy L. Srrd, City Sec &Ary
n^^
_ VA A � \ _ n
Reviewed by Donald B. Davis,
City Administrator
Approved as to orm and legality
Randy Thomas, City Attorney
(`l