(a)
Applicants for permanent city utility service shall be required to
pay to the city a security deposit, as determined herein, to guarantee
all amounts which may become due to the city for water, sewer, garbage,
and/or electric service.
(1)
Property owners, renters and/or applicants with no history presenting
a credit reference from another public utility with no more than one
(1) delinquent bill in a twenty-four-month period or zero (0) in a
twelve-month period will not be required to pay a deposit.
(2)
Property owners, renters and/or applicants with no history presenting a credit reference from another public utility with more than one (1) delinquent bill in a twenty-four-month period or zero (0) in a twelve-month period will be required to pay a minimum deposit as set forth in the fee schedule in appendix A of this code.
(3)
Any applicant with unfavorable credit history will be required to pay a minimum deposit as set forth in the fee schedule in appendix A of this code.
(4)
Any applicant who has previously had service with the city, but left an unpaid balance owing to the city, will be required to pay a deposit as set forth in the fee schedule in appendix A of this code plus all outstanding amounts.
(5)
Contractors and landlords will be required to pay a minimum deposit as set forth in the fee schedule in appendix A of this code for temporary service, not to exceed a maximum of 14 days for single-family structures. Landlords and property owners of multifamily structures will be required to pay a permanent minimum deposit as set forth in the fee schedule in appendix A of this code to be applied to a landlord account as agreed upon in a landlord agreement subject to approval by the director of financial services.
(6)
Garbage-only customers will be required to pay a minimum deposit as set forth in the fee schedule in appendix A of this code.
(7)
A commercial customer’s security deposit will be decided based on estimated usage of the utilities; however, in no event shall the deposit be less than as set forth in the fee schedule in appendix A of this code or the estimated monthly bill, whichever is greater.
(8)
New customers may have the required security deposit reduced by fifty
(50) percent upon enrollment in the automatic bank draft program for
a period of at least twenty-four (24) months. In the event there are
insufficient funds in the customer’s bank account to complete
the draft or if the customer terminates the automatic bank draft prior
to the completion of the twenty-four (24) month period, the customer
will be required to pay the difference of the required security deposit
minus the previously applied discount plus all outstanding amounts.
(9)
Existing customers with less than two (2) years of continuous service
will receive a refund of their security deposit upon enrollment in
the automatic bank draft program for a period of at least twenty-four
(24) months if a review of their service account indicates there have
been no delinquent bills in the preceding six (6) month period. In
the event there are insufficient funds in the customer’s bank
account to complete the draft or if the customer terminates the automatic
bank draft prior to the completion of the twenty-four (24) month period,
the customer will be required to pay the difference of the required
security deposit minus the previously applied discount plus all outstanding
amounts.
(10)
Existing customers with less than two (2) years of continuous service
will receive a refund of fifty (50) percent of their security deposit
upon enrollment in the automatic bank draft program for a period of
at least twenty-four (24) months if a review of the service account
indicates there has been no more than one (1) delinquent bill in the
preceding six (6) month period. In the event there are insufficient
funds in the customer’s bank account to complete the draft or
if the customer terminates the automatic bank draft prior to the completion
of the twenty-four (24) month period, the customer will be required
to pay the difference of the required security deposit minus the previously
applied discount plus all outstanding amounts.
(b)
If the applicant for water and/or electric service is a member of a household that has relocated to a different address within the city with the intent to establish a new utility account with the city under another household member’s name, the city may require a utility deposit from the applicant in the minimum amount set forth in the fee schedule in appendix A of this code if (i) a utility account in the name of a household member remains unpaid at the time of relocation, and (ii) the person in whose name the unpaid utility account was established remains a member of the household after the household has relocated to a different address. For purposes of this section, a household consists of any number of persons, whether related or not, residing together in a single-family dwelling unit.
(c)
Any residential customer who has maintained a security deposit for
a period of more than two (2) years shall be refunded such security
deposit if a review of such individual’s service account does
not indicate that there have been any delinquencies for a period of
12 continuous months.
(d)
Any commercial customer who has maintained a security deposit for
a period of more than two (2) years shall be refunded such security
deposit if a review of such commercial service account does not indicate
that there have been any delinquencies for a period of 12 continuous
months.
(e)
No security deposit shall be required for occupied single-family detached housing accounts if one or more of the occupants is 65 years of age or older, unless either the occupant or the applicant has ever had utility service terminated due to late payment. In such event, the deposit amount shall be determined with subsection (a) hereof. Proof of age and occupancy shall be required.
(f)
A security deposit for an applicant for service from a fire hydrant
or standpipe for water, if placed in a tank, truck or other container,
shall be equal to the cost of the meter, valve, coupling and freight.
(g)
After review of any account, the utility division has the discretion
to increase deposits based on history of payments. If service is terminated
due to nonpayment, upon restoring service it is the discretion of
the utility division to charge deposits in an amount equal to 150%
of what otherwise would be due.
(Ordinance 09-35, sec. 4, adopted 8/18/09; Ordinance 2011-30 adopted 9/6/11; 2001 Code, sec.
13.201; Ordinance adopting 2017 Code)
(a)
Water meter.
Should a customer demand that a water meter
under one and one-half inches (1-1/2") be tested for accuracy, the
customer must request in writing and the meter shall be removed and
sent for testing. If the test shows the meter is registering within
the warranty of the meter manufacturer, the customer shall be billed
the actual cost of testing. If the test shows the meter is registering
more water than is actually going through the meter, the cost of testing
will be at the city’s expense. For larger meters the cost shall
be the amount required to test the meter.
(b)
Electric meter.
Should a customer demand that a single-family
residential electric meter be tested for accuracy, the customer must
request in writing and the meter shall be removed and sent for testing.
If the test shows the meter is registering within the warranty of
the meter manufacturer, the customer will be billed the actual cost
of testing. If the test shows the meter is registering more electricity
than is actually going through the meter, the cost of testing will
be at the city’s expense. For larger meters the cost shall be
the amount required to test the meter.
(Ordinance 01-08 adopted 3/6/01; 2001 Code, sec. 13.202)
Water rates for residential and commercial customers shall be as provided for in the fee schedule in appendix A of this code.
(Ordinance 99-9 adopted 9/14/99; 2001 Code, sec. 13.301)
Monthly rates for wastewater service shall be based on monthly metered water consumption and shall be as provided for in the fee schedule in appendix A of this code.
(Ordinance 99-9 adopted 9/14/99; 2001 Code, sec. 13.302)
(a)
Where more than one user or usage is served by one water meter, each
such user or usage shall be deemed a separate customer and a separate
monthly charge shall be made therefor for water and wastewater service
provided wastewater service is available.
(b)
Examples:
(1)
Residential: Residential customer one billed by metered usage and
the second and all others billed at minimum water and wastewater rates.
(2)
Commercial: Commercial or commercial/residential, billed the same
as provided above with the higher user billed by metered usage and
the secondary billed at minimum rates.
(Ordinance 99-9 adopted 9/14/99; 2001 Code, sec. 13.303)
(a)
Water taps.
The charge for tapping the water mains within the city limits and conveying water up to and including the curb-stop, water meter and box at or about the property line shall be as provided for in the fee schedule in appendix A of this code.
(b)
Sanitary sewer taps.
The sewer tap fee for all sewer connections within the city limits shall be as provided for in the fee schedule in appendix A of this code.
(c)
Fees where main not in place.
Where water and/or sewer
mains are not in place, the fee shall be as follows:
(Ordinance 99-10 adopted 9/14/99; Ordinance 09-35, sec. 5, adopted 8/18/09; 2001
Code, sec. 13.304)
Extensions of city mains outside the city limits and new connections
thereto shall be permitted only by means of a contract, which shall
be subject to the approval of the city council.
(1976 Code, sec. 16-34; 2001 Code,
sec. 13.305)
The monthly rates to be charged consumers for public utility services, namely electrical connections, shall be as provided for in the fee schedule in appendix A of this code.
(Ordinance 06-39 adopted 8/15/06; 2001 Code, sec. 13.306)
(a)
The city hereby undertakes to comply with all lawful regulations
of the FERC codified in subpart C of 18 CFR part 292 dealing with
arrangements with qualifying cogeneration and small power facilities
under section 210 of PURPA.
(b)
The city secretary is authorized and directed to file with the FERC
a copy of the ordinance adopting this section and reflecting the city’s
compliance with 18 CFR section 292.401(c).
(c)
The city secretary is directed to post a notice of the ordinance
adopting this section on any and all public bulletin boards where
official notice of the city’s governing body’s activities
are normally posted.
(1976 Code, sec. 16-38; 2001 Code,
sec. 13.307)
(a)
City manager.
City council.
Utility service.
Definitions.
In this section:
The city manager or his designee.
The city council of the City of Bridgeport.
The city’s water, sanitary sewer and electric service.
(b)
Lien procedures.
(1)
Authority; exception for certain property.
(A)
The city is authorized, in accordance with the provisions of section
552.0025, Texas Local Government Code, to perfect a lien upon property
for the purpose of securing the payment of delinquent charges incurred
as a result of utility service to the property.
(B)
This section does not apply to homestead property that is protected
by the Texas Constitution.
(C)
This section does not apply to delinquent charges for service incurred
by a tenant who is the customer of record, if the charges are incurred
after the manager has received written notice from the owner of the
property served that the property is rental property. The property
owner may deliver the notice personally to the manager or by certified
mail, return receipt requested.
(2)
Notice of lien.
Before recording a lien for delinquent
charges for utility service, the manager shall send notice by certified
mail, return receipt requested, that a lien will be filed on the property
in accordance with law. The notice must provide a time, place and
means by which the charges causing the lien may be paid or disputed.
The notice must be sent to the customer in whose name the account
for service to the property exists and to the last known record owner
of the property according to the tax rolls of the city, if the customer
is not the owner.
(3)
Absence of notice.
Absence of receipt of notice does
not affect the enforceability of a lien.
(4)
When lien is perfected.
The lien may be perfected when
charges incurred by a customer for utility service become delinquent
and other means for collecting the delinquent charges have been unsuccessful.
(5)
Form of lien.
The form of the lien must contain:
(A)
A statement indicating the purpose of the lien;
(B)
The address of the property which is the subject of the lien, if
the address is ascertainable;
(C)
A legal description of the property which is the subject of the lien;
(D)
The amount of delinquent charges, including penalties, interest and
collection costs, if any, incurred in connection with the property
as of the date of execution of the lien.
(6)
Execution and recording.
The lien must be executed by
the manager, acknowledged by a notary public of the state and filed
in the deed or lien records of the county in which the property is
located.
(7)
Priority of lien.
The lien is superior to all other
liens except a bona fide mortgage lien recorded prior to the recording
of the city’s lien in the deed or lien records of the county
in which the property is located.
(8)
Additional charges.
Should additional delinquent charges
be incurred subsequent to the date of the original lien’s execution,
a corrected lien may be executed and filed in the same form, documenting
the additional charges. The corrected lien, when filed of record,
shall relate back to the date of recording of the original lien and
shall become a part of the original lien.
(9)
Suit to foreclose.
The city upon direction of the city
council may file suit to judicially foreclose the lien in a state
court of competent jurisdiction. The suit may not be filed earlier
than 60 days after the recording date of the lien.
(10)
Release of lien.
When the manager finds and determines
that all delinquent charges which existed against the property have
been fully paid, the manager is authorized to execute a release of
the lien. The release shall be filed in the deed or lien records of
the county in which the property is located.
(11)
Cumulative remedies.
This section is cumulative of any
other remedies, methods of collection or security available to the
manager or the city under the ordinances of the city or under state
law. This section does not affect the manager’s authority to
refuse to furnish service when delinquent charges exist.
(Ordinance 01-23 adopted 7/10/01; 2001 Code, sec. 13.308; Ordinance adopting 2017 Code)
(a)
Credit.
Credit balance.
Final bill.
Definitions.
The amount owed to a customer due to a payment being larger
than the amount of the bill.
A credit on a utility account caused by applying the customer
deposit to the final bill that is less than the deposit amount.
The last bill a customer receives after terminating service.
(b)
The city shall refund any credit balance greater than two dollars
($2.00) to the person listed as the customer of record and to the
last known address of that customer.
(c)
Any amount less than two dollars ($2.00) will be termed a small credit
balance and be considered as revenue in the utility fund.
(d)
Any credit balance below the minimum can be refunded upon written
request by the customer of record.
(Ordinance 03-41 adopted 11/18/03; 2001 Code, sec. 13.309)
The minimum bill for water, sewer, garbage, and/or electric
services will be prorated for all billing periods less than one (1)
month, based upon the date service was established.
(Ordinance 09-35, sec. 6, adopted 8/18/09; 2001 Code, sec. 13.310)
