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ORD1968127* I .' ORD I NANCE NO. 127 -As Amended AN ORD I NAMCE TO CREATE CHAPTER 3. IO OF THE MUNICIPAL CODE REI-ATING TO THE ESTABLISHMENT AND COLLECTION 01' SEWERAGE SERVICE CHARGES TiE COMMON COUNCIL 01' THE CITY OF MUSKEG3, WISCONSIN, DO ORDAIN AS FOLLOWS: * SEC. I. Chapter 3. IO of the Municipal Code is hereby created to read as follows: 3.10 SEWERAGE SERVICE CHARGES - - - " - (I) - DEFINITIONS: - - " ... -. . - For the purpose of this 04-dinance the terms sewage.', 'industrial waste", 'sewerage system" and "sewerage service" ,, are defined as follows: Sewag.?: The water-carried waste created in and .L> be conducted __.- away from residences, industrial, commerzial and business prelnis's, pub1 ic bGildings, as defined ill Section 101.01 of the Misconsin Statutes, and other strutures and premises with suc.h surface or drain water as may be present. I ndustr i a I Wastes: "_ Those particular liquid or other wastes resLjlting from any process of industry, manufacture, trade or business or the devalopment of any natural resource. Waste from dry cleaning establishmants, Iaundvies and al:to wash establishments shall be considered industrial waste. - Sewerage System: ~ All street lateral, main and interceoting sewers, pump stations, force mG.jns, and structure.; by which sewage or industrial waste is collr.cied, irclnsported, treated and disposed of, whether such sewers conduct sewage to a local City of Muskego treatment pla;lt or connect with ths Metropolitan Sewerage System. This shall not include plumbing inside or in connection with buildings served or service sewers fros a building to Ihe street lateral. -" Sewerage Service: The use of and benefit from the sewera(,l?. system, in- cluding -the coIle:tiun, transportation, pumping, treat- ment and final disposition of sewage. (2) INDUSTRIAL WASTES DELITERIOUS SE'WAGE: " .. " -~L - - - -~ "" - (a) No industrial wastes shall be discharged either directly or indirect i yI into the sewerage system w i tho1 t the pr i or written approval of -the Council. No sewage, includi-tg in- dustr ia I wastes, shal I contain zn;. substance which is deemed deleterious by the City Engineer 'io the operstion of t;:e sewerage syst.?m, Inor shai I any sewage be discharged intc the th2 seweraga systen:, the discharge of which into the prohibited by the provisions of Article XI of the Rules of sIwers controlled by th! Metropoi itan Sewerage District is the Sewerage Conmi ssio:I of ths City of i*lauk,-.sha and the Metropol itan Sewerage Commission of the County of Mi Ivaukee. (b) If a user of the sewerage systm discharges prohibited sewage, he shall be given written no.tice to cease the pro- hibited discharge. If, after ten days' notice, such user continuss the prohibi-ted discharga, he shall be subject upon conviction to the pwalty provided for violation of this ordinance. (C in Ci of The City Engineer, being guided by the standards adopted Article XI of the Rules of the Sewerage Commission of the the County of Milwaukde, may require the owner, opsrator, ty of Milwaukee and the Metropolitan Sewerage Commission or tenant of any indus.triaI plant or other establishment discharging, or proposing to discharge, indlistrial wastes into the s~merage system to provide at such users' :xpense such preliminary treatment or handling facilities as may b necessary to reduc-. or modi.Fy the objectionabls char- act'ristics or constituents of such industrial wastes, or and rate sf discharge of such ,id:?d, however, that the Counci I ial wastes be accepted without pre- ling by the industrial users of the y provide in lieu thereof for an additional charge to m:et the additional cost of the City's acc-.ptance of such untreated sewage. t3 control the quantity industrial wastes, prov may dir:ct that industr treatment or other hand sewerage system, and ma - - CONNECTION TO THE SYSTEM: , (a) It shal I b: the duty of t ner of any bu i Id ing which is occupied by human beings ocated adjacent to a municipal sewer main, to c ct said building to the municipal sewer main with s after (I) said building has first become occupied by human b.:ings, or (2) the municipal sewer main has first become opera- tional, or (3) the effective date of this ordinance, wh ichev :r event occurs I :ast. (b) All connections shall be made in accordance with the Rules and Regulations governing sewer service enacted by th:? City of Muskego ,and the City Plumbing Code. (c) In the event tha3t any owner shall not cause the afore- said connections to be made within the r!quired time, the City Clerk shall send by certified mail a notice to the owner. If the aforsaid connections are not made within tun (IO) days aftel- receipt of said notice, the Common Council may (1) collect from the owner a forfeiture of not more than $lOO.OO for each day thereafter the afor.:said connections are not made, and/or (2) causz the 83foresaid connections to be made and assess the expense thereof as a spzcial assessment tax against the property. (dl In the event the Common Council caLlses the connections to be made as prDvided in (c)(2) above, the owner may, with- in thirty (30) days i3fter. compl ,tion of the aforesaid work, file a written notice with the City Clerk stating that he cannot pay the cost of the connections in one sum and elects that such sum be levied in five (5) equal installments, with inter2st on the unpaid balance at six per cent (6%) per annum. USE OF THE SYSTEM: (a) It shall be the duty of the owner of any building immediately to install and thereafter maintain in working condition, 3 wat-r c1ose.t in any bu i Id ing bjh ich is occupied - - - " . I - - - .. - . I e a by human b ,i ngs and connected to a s::wer main. (b) In the event that any owner shal I not comply with the requirem-nts of paragraph (a) above, the City Clerk shall send by certified mail a notice of the violation to the owner. If the violat ion is not corrected with in thirty (30) days after receipt of said notice, the Common Counc i 1 may (I) collxt from the owner 2 forfeiture of up to $lOO.OO for each day thereafter the violation is not corrected, and/or (2) causs the violation to be corrected and asszss the !xpensc thereof as a special assess- m mt tax against the prop ,rty. (c) The owner may within thirty (30) days after the Common Council has caused the aforesaid violation to have been corrected, file a written notice with the City Clerk stating that..he cannot pay the cost of thc aforssaid work in on: sum and el .c.t:; that such sum be levied in five (5) equal installments with interest on the unpaid balance at six p-.r cent (6%) per annum. - " ". " .- __ SEWERAGE SERVICE CHAF!GES, RATES: (a) A sewerage service charge is hereby imposed upon each lot, parce'l of land, building or prmises served by the' sewerage system or olherwise discharging sewage, including industrial wast :s, into the sewerage system. Such sewerage service charge shall be payable as herein provided and shzll be on a family unit basis for resid.:ntial lots, parcels 3f land, buildings or prmises; on a classified and unit basis for business and commercial lots, parcels of land, buildings or premises, and on a uniform service charge basis for industrial lots, parcels of land, build- ings or premises togefther with a quantity flow charge for treatmznt in excess of the maximum gallonage established herein. (b) The sewerage service charge residential building or premises calendar quarter. (c) The sewerag-. service charge residential building or premises calendar quarter per family unit for each single family shal I be $ 18.00 Der for each multiple family' shall be $ 16-50 per , flat or apartment. (dl The sewerage s?rvice charge for each business or commercial building clr premises in which the sanitary sewerage fscilities ?:re not open to the customers or patrons thereof, shall be as follows: (1) Where the number of employees does not exceed fiv.:, $ 18.00 per calendar quarter. (2) Wher % the number of employees 2xceeds fiye, $ 2 1 .00 per ce I endar quartcr. (e) The sewerage service charga for each business or com- mercial building or Fremis:?s in which the sanitary sewerage facilities are open to the customers or pjtrons thereof shall be as fol lows: (1) Where the number of employees does not exceed ten, $33.00per calendar quarter. (2) Where the number of employees exceeds ten, $50 .OO per ca I endar quarter. (3) Ln addition, there shall b> imposed a quantity flow chdrge per. calendar quarter of twenty (20) cents for each 1,000 gallons of sewage or fraction thereof discharged into tha sewer system over 100,000 gal Ions. Each business or commsrc ia I user shal I provide a meter which ref'l.xts with reasonable accuracy the quantity of sewage to flow into the sanitary sewer from each of its bui ldings or premises. Such meter shall be provided at user's 2xpense and the reading for each quarter shall be provided to the City Clerk; provided, however, that th:? City shall have the right at a1 I times tcm make independent insp .ct ions and read- i 179s of said meters. (f) Not withstanding the provisions of subsections (b) to 7 (e), inclusive, of this section, the sewerage service charge for restaurants, boarding houses and tavers with dining facilities shall be $50.00 per calendar quarter and for hot-Is, motels, rest hom~:s and other multi-resident units shall be $6.00 per calendar quarter for each apartment, room or living unit. (g) The sewerage service charge for schools shall be $1.12 per student enrolled per calondar quarter. Enrollment to be certified to the City Clerk by the Secretary of the School Board or district as of the commencement of each quarter. (h) The uniform service charge for each industrial building or premises shall be $36.00 per calendar quarter and the quantity flow charge plr calendar quarter shall be for each 1,000 gallons of sewage, or fraction thereof, discharged into the sewerage system over 100,000 gallons. Each industrial user who is not served by a Water Utility shall provid:;. a meter which ref1 ,cts with reasonabl- accuracy the quantity of sewag: to flow into the sanitary sewer from each of its buildings or premises. Such meter shall be provided at users expense. (I) Notwithstanding the provisions of subsections (b) through (h) inclusive,of this section, the sewerage service charge for a vacant lot or Iparcel of land shall te $18.00 per year. In the event ,j vacant lot or parcel of land is served by more than one sewer lateral, the annual sewerage servicz charge shal I be $18.00 for each such lateral. The sewerage se~-vice charge for any vacant commercial building shall be $3:3.00 per ycar. Such charge shall be- come effect ivo at the end of the quarter l y p:r iod in which such building becomes vacant and only upon the con- dition that the owner, or his agent, notifies the City Clerk in writing of !such vacancy and upon inspection thereof by the Plumbing lnspcctor to determine that such building is vacant. The sum of $5.00 shall be paid by the owner, or his agent, to the Plumbing Inspector for such inspection. A r:2quest for such inspection shall be made by the owner, 01- his agent, to the Plumbing inspector and the fee for such inspxtion shall be paid prior to such inspection. It shall be the duty of the owner of any vacant commercial building to notify the City CI2rk in Writing within five (5) days from the date any such building, or any portion thereof, is re-occupied. The sewerage service charge for the quarter that any such building, or any Portion thc-:reof, i s re-occup i .-d sha I on ths basis of charges prov (e) of this ordinance. I be prorated for such quarter ided in Sect ion (5) (d) and If such owner fails to notify the City Clerk of re- occupancy of said commercial building, or any portion thereof, as herein p.-ovided then doLibI sewerage service charges shall be assess?d against said building until such notice is received. The notice to be given shall describe the premises involved and the date that the premises are re-occupied. (6) PAYMENT: -. "- (a) Sewerage service charges shall be assessJd and collected the 'Common Counci I and shal I be payable to the City at quarter I y i nter'Ja1 s to be determi nnd by resol ut ion of Treasurer. (b) In the event paid by the date f placed on the next penalty, and shal I are collected. th..t sewerage ser'vice charges are not ixed for final ps>/ment, they shal I be sljcceeding City Tax Roll, without be collected the same as other taxes (c) Sewerage service charges may b3 prorated where service is provided for less than a calendar quarter (7) CHARGES A Ll EN : - ". -~ " All charges established by or pLrsuant to this ordinance shall be a lien upon the property served pursuant to Sec- tion 66.076 (7) of the !disconsin Statutes, and shall be col lected in the manner therein provided. The amounts received from the col I xtion of th.? charges authorized b.1 th i s ord inanc shal I be credited to a sewer revenue account which shal I show al I receipts and expendi- tures of the seweraqe utility. bJhen appropriated by the Council, the credits to said account shall be available for the payment of the costs OF op.:ration, maintenance, repairs and deprxiation of the sewerage system, and for the replacement of funds advanced by or paid by the general fund of the City. Any surplus in the account shal I be available for the payment of principal and intlrest of bonds i ssu ,d and outstanding, or which may be issued, to provided funds for the sewerag.2 system, or part thereof, and all or a part of the expenses for additions and im- provements and other necessar. disbursements or indebtedness and the Council may by resolution pledge such surplus or any part thereof for any such purpose. (9) PENALTY: - "_ Any person who shall viclate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a pznalty as provided in Section 25.04 of the Municipal Code. Imposition of a forfeiture thereunder shall not preclude the City from maintaining any appro- priate action to enjoin or remove any vblation of this chapter. (IO) SEVERABILITY: __ Should any part of this ordinance be held invalid by a Court ofcompetent jurisdiction, the remaining parts shall bz sev :rable and shall continue in full force and zf fect . SEC. 2. All ordinances or parts of ordinances inconsistznt *with or contravening this ordin<lnce ars hereby repealed. SEC. 3. This and after its pub1 Pass-d th is - Approved this ordinance sh131 I be in fu I I force and effect from i cat ion and pijssage. ." LO day of - "..""I."-"-~ d& 1968. 1968. - " 6 ATTEST: \ ORDINANCE NO. 127 AN .ORD INAMCE TO CREATE CHAPTER 3. IO OF THE AND, COLLECTION OF- SEWERAGE SERVICE CHARGES \ MUN-&IPAL CODE RELATING TO THE ESTABLISHMENT COUNCIL 0;' THE C.lTY OF MUSKEGO, IrJISCONSIN, DO ORDAl N AS FOLLOWS: '\, \ ,' SEC. I. Chipter 3. to read as follows: / . ~\ IO of the Municipal Code is hereby created 3. IO - SEWERAGE SERVICE CHARGES I \ ( I ) " DEFl NITIONS: ~- For \the purpose of this 01-d inance the terms "sewage', "industrial waste $ .'sewerage system I and "sewerage service" are defined as follows: i \ Sewag-: The water-carried, waste created in and +La be conducted away from residerlc,es, industrial, commer:ial and business premis!s, public bu{iIdings, as defined ill Section 101.01 of the Wisconsin Sta,tutes, and other strL.ctures and premi ses with such surface or drain water as may be present. \ 4 - I -. " . " - - - Industrial Wastes: Those particular liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource. Waste from dry cleaning estab estab I i shrnents sha Sewerage System: - I.""_ -~ AI I street I atersl stations, force ma ishments, \) aundr ies and ak;to wash I be consid,ered industrial waste. main and i nte'rcent inq sewers, 9ump ns, and structures by which sewage or industrial waste is col I xted, tr,tnsported, trsated and disposed of, whether such sewe'rs. conduct sewage to a local City of Eduskego treatment pla41t or connect with the Metropolitan Sewerage System. This shall not include plumbing inside or in connection witlvbuildings served or service sewers from a buiiding to 1hB street lateral. a \ Sewerage Service: \ -. - " - - " The use of and benefit from the seweraq? sys;ten, in- merit and final disposition of sewage. cluding the col Iection, transportation, pumph?<r, treat- \ (2) INDUSTRIAL WASTES .- DEI-ETER " - IOUS SEWAGE: - (a) No industrial wastes shall be discharged either directly or ind i roct I y, into thz sewerage system w i th0t.t the pr i or written approval of the Counci I. No sewage, includilg in- dustt- ial wastes, shal I contain any substance which is deemed deleterious by the City Enginser to the operation of t.;:e sewerage svstm, nor shal I any sewage be discharged intc the th.2 sewerage s%,st:!m, the discharge of which into the s.?wers control led by t.h! Metropol itan Sewerage District i5 prohibited by the provisions of Article XI of the! Rules of the Sewerage Commissicn of the City of I!rau%>sha and the Metropolitan Seweraqe Commission of the County of Milwaukee. e (b) If a user 0-F the sewerage syst,-nl discharges prohibited sewage, he shall be given written notice to cease the pro- hibited discharge. If, after ten days’ notice, such user cont inucs the proh ibi-ted di scharg:?, he shal I be subject upon conviction to the pmalty provided for violation of this ordinance. e (c) The City Engineer, being guided by the standards adopted in Article XI of the Rules of the Sewerage Commission of the City of Milwaukee and the Metropolitan Sewerage Commission sf the County of Milwauk*e, may require the owner, operator, discharging, or proposing to discharge, industrial wastes or tenant of any industrial plant or other establishment into the swerage system to provide at such users’ .Jxpense such preliminary treatment or handling facilities as may b necessary to reduc-;. or modify the objectionable char- sct,ristics or constituents of such industrial wastes, or t3 control the quantity and rate 2f discharge of such industrial wastes, providc:d, however, that the Council may dir:ct that industrial wastes be accepted without pre- sewerage system, and may provide in lieu thereof for an additional charge to m:et the additional cost of the City’s acc+ptance of such untreated sewage. * . treatment or ot.her handling by the industrial users of the (3) CONNECTION TO THE SY:5TEM: ”” (a) It shall b.2 the duty of the owner of any building which is occupied by human beings and located adjacent to a municipal sewer main, to connect said building to the municipal sewer main with thirty (30) days after (1) said building has first become occupied by human b.:ings, or (2) the municipal sewer main has first bacome opera- tional, or (3) the e.Ffective date of this ordinance, wh ichev :r event occu~ps I ast. (b) All connections shall be made in accordance with the Rules and Regulations governing sewer service enacted by th-. City of Muskcgo *3nd thc City Plumbing Code. (c) In the event that any owner shal 1 not cause the afore- said connections to be made within the r:quired tims, the City Clerl: shall send by certified mail a notice to the owner. If the aforn:jaid connections arE not made within tan. ( ID) days after rcce i pt of said not ice, the Common Council may (1) collect from the owner a forfeiture of not more than $lOO.OO for each day thereafter the afor-said connections are not made, and/or (2) caus:? the aforesaid connections to be made and assess the expense thereof as a spzcial assessment tax against the propzrty. (d) In the event the Common Council causes the connections to be made as prgvided in (c) (2) above, the owner may, with- in thirty (30) days after compl ,tion of the aforesaid work, file a written notice with the City Clerk stating that he cannot pay the cost of the connections in one sum and elects that such sum be levied in five (5) equal installments, with i nterast on the unpaid balance at six per cent (6%) per annum. e (4) USE OF THE SYSTEM: - ” . ” . - - . - ” . -. . - - (a) It shal I be the immediately to insta condition, a wat::r c duty of the owner of any building II and thereafter maintain in working loset in any bui Iding which is occupied by human b ! i ngs and #connected to a s-wer mai n. (b) In the event th3t any owner shall not comply with the requiremants of Iparagraph (a) above, the City Clork shall send by certified mail a notice of the violation to the owner. Sf the violation is not corrected within thirty (30) days after receipt of said notice, the Common Council may (I) collxt from the owner a forfeiture of up to $lOO.OO for teach day thereafter the violation is not corrected, and/or (2) cause the ,violation to be corrected and ass3s.s the 2xpens: thereof as a special assess- m :nt tax aga ins.: the prop2rty. (c) The owner may with in thirty (30) days after the Common Council has caused the aforesaid violation to have been corrected, file a written notice with the City Clerk stating that..he cannot pay the cost of tho aforzsaid work in on? sum and el .ct:; that such sum be levied in five (5) equal installments with in.terest on the unpaid balance at si x p-r cent (6%) per annum. e 0 e (5) "" SEWERAGE " SERVICE CHAKGES RATES: L_ (a) A sewerage serv ce charge is hereby imposed upon each lot, parcel of land, building or prcmises served by the' sewerage system or otherw i se d i scharg i ng sewage, i nc I ud i ng industrial wast ?s, into the sewerage system. Such sewerage service charge shall be payable as herein provided and shall be on a family unit basis for resid-ntial lots, parcels of land, buildings or prmises; on a classified and unit basis for business and commercial lots, parcels of land, buildings or premises, and on a uniform service charge basis for industrial lots, parcels of land, build- ings or premises together with a quantity flow charge for treatrnwt in excess of the maximum gallonage established herein. (b) The sewerage service charge for each single family residential building or premises shall be $ 18.00 per calendar quarter. (c) The sewerage service charge for each multiple family' residential building or premises shall be $16.50 per calendar quarter per family unit, flat or apartment. (dl The sewerage s ?rvice chwge for each business or commercial building or premises in which the sanitary sewerage facilities are not open to the customers or patrons thereof, shall be as follows: ( I) Where the r,umber of employees does not exceed f iv,, $ 18-00 F'er calendar quarter. (2) Wher. the rumber of employees 2xceeds fiye, $ 21 .OO per cs.lendar quarter. (e) The sewerage service chargc for each bclsiness or com- mercial building or premis:?s in which the sanitary sewerage facilities are open to the customers or pJtrons thereof shall be as fol lows: (I) Where the number of employees does not exceed ten, $33.00per calendar quarter. (2) Where the number of employees exceeds ten, $50.00 per ctj I endar quarter. (3) In addition, there shall br. imposed a quantity flow charge per calendar quarter of twenty (20) cents for each 1,000 gallons of sewage or fraction thereof discharged into thz sewer system over 100,000 gal Ions. Each business or commsrcial user shall provid? a meter which reflxts with reasonable accuracy the quantity of sewage to flow into the sanitary seww from each of its buildings or premises. Such meter shal I be provided at user's .?xpense and the reading for each quarter shall be provided to the City Clerk; provided, howe\,er, that th.2 City shall have the right at all times tcr make indeoendent insp.ctions and read- ings of said meters. (f) Not withstanding the provisions of subsections (b) to 7 (e), inclusive, of this section, the SeWerJge service charge for restaurants, boE!rding houses and tavers with dining facilities shall be $50.00 per calendar quarter and for hot.?ls, motels, rest hom:s and other multi-resident units shall be $6.00 per calendar quarter for each apartment, room or living unit. (9) The sewerage service charge for schools shall be $1.12 per student enrolled per calmdar quarter. Enrollment to be certified to the City Clerk by the Secretary of the School Board or district as of the commencement of each quarter. (h) The uniform service charge foi- each industrial building or premises shall be $36.00 per calendar quarter and the quantity flow charge p:r calendar quarter shall be for each 1,000 gallons of sewage, or fraction thereof, discharged into the sewerage system over 100,000 gallons. Each industrial user who is not served by a Water Utility shal I provid:: a meter which ref I cts with reasonabl 2 accuracy the quantity of sewag: to flow into the sanitary sewer from each of its buildings or premises. Such meter shall be provided at users expense. (1) Notwithstanding the provisions of subsectsons (b) through (h) inclusive,of this section, the sewerage service charge for a vacant lot or parcel of land shall be $18.00 per year. In the event a vacant lot or parcel of land is served by more than one sewer lateral, the annual sewerage servics charge shall be $18.00 for each such lateral. The sewerage service charge for any vacant commercial building shall be $33.03 per yuar. Such charge shall be- come effective at ths end of the quarterly p:riod in which such building 2ecomes vacant and only upon the con- dition that the owner, or his agent, notifies the City Clerk in writing of such vacancy and upon inspection thereof by the Plumbing Inspxtor to determine that such building is vacant. The sum of $5.00 shall be paid by the owner, or his agent, to the Plumbing Inspector for such inspection. A r"quest for such inspection shal I be made by the owner, or his agent, to the Plumbing Inspector and the fee for such inspxtion shall be paid prior to such inspection. It shal I be the duty of the owner of any Vacant commercial building to notify the City Clerk in writing within five (5) days from the date any such building, or any portion thereof, is re-occupied. The sewerage service charge for the quart,sr that any such building, or any Portion on the basis of charges provided in 5ection (5) (dl and (e) of this srdinanc,.. . If such owner fsils io notify the City Clerk of re- occupancy of said colnmercial bu i Iding, or any port ion thereoi, as herein provided then doubl; sewerage service charges shall be ass.zssod against said building until such notice is received. The notice to be given shall describe the premises involvd and the date t.hat the premises are re-occupied. (a) Sewerage servicl? charges shall be assess2d and collected the 'Common Counci I a!ld shal I be payable to the City at (. quarter I y i nter'ua I s to be determined by resol ut ion of Treasurer. (Dl In the event th,it sewerage ser'gice charges are not paid by the date f i x#-d for final payment, they shsl I be placed on the next swcceeding City Tax Roll, without penalty, and shall be collected the same as other taxes are collected. (c) Sewerage service charges may 0.2 prorated where service is provided for less than a calendar quarter (7) CHARGES A LIEN: - " -. -. - - All charges established by or ptrsuant to this ordinance shall be d lien upon the prop'l'r'cy served pursuant to Sec- tion 66.076 (7) of the Wisconsin Statutes, and shall be col Iscted in the manner therei:] provided. (8) DISPOSITION OF REVENUE: - - - " - " .. - - - " The amounts received from the coII xtion of th..? charges authorized by this ordinanc shall be credited to a sewer revenue account which shal I show al I receipts and expendi - tures of the seweraqe utility. When appropriated by the Counc i I, the credits to sa id account shal 1 be ava i I able for the payment of the costs of op.:ra-tion, maintenance, repairs and depr xiat ion 0-f the sewerage system, and for the replacement of funds advanced by or paid by the general fund of the City. Any surplus in the account shall be available for the payment of principal and interest of bonds issu .d and outstanding, or which may be issued, to provided funds for the sewerag.? system, or part thereof, and all or a part of the expenses for additions and im- provements and other necessar'. disbursements or indebtedness and the Counc i I may by resolution pledge such surplus or any part thereof for any such purpose. (9) PENALTY: - "_ Any person who shall vidate any provision of th.is chapter or any order, rule or' regulation made hereunder shall be subject to a pznalty as provided in Section 25.04 of the Municipal Code. Imposition of a forfeiture thereunder shall not preclude the City from maintaining any appro- pria-te action to enjoin or remove any vblation of this chapter. (10) SEVERABILITY: - "" - Should any part of this ordinance be held invalid by a Court ofcornpetent'jArisdiction, the remaining parts shall bs sev.rable and shall continue in full force and .?ffect. SEC. 2. All ordinances or parts of ordinances inconsistznt a with or contravening this ord i n.3nce are heraby repealed. SEC. 3. This ordinance shdII be in full force and effect from and after its publication and p13ssaqe. n 0 ATTEST: