(a)
Security deposit.
(1)
Water customers using a one (1) inch meter or smaller to provide
water to:
(A)
A single-family residential unit shall, prior to obtaining water from the city, post a security deposit, as provided for in the fee schedule found in appendix A of this code, which shall be held by the city for a period of two (2) years or until such time as the customer moves, when such deposit shall be returned to the customer, less any sums then due and owing to the city. Security deposits posted after December 1, 1987, shall not be refunded to the customer until such time as the customer notifies the city of a move or change of ownership and a final bill is given and paid.
(B)
A multifamily residential unit shall, prior to installation of a
water meter or prior to receiving service from the city, post a security
deposit equal to twice the amount of current estimated costs for one
(1) month. Security deposits posted after December 1, 1987, shall
not be refunded to the customer until such time as the customer notifies
the city of a move or change of ownership and a final bill is given
and paid.
(2)
Any water customer who has been a water customer for two (2) years
prior to the adoption of this article (i) who has not heretofore been
required to post a deposit, or (ii) who has posted a deposit and such
deposit has been refunded, or (iii) whose two (2) year time requirement
for refund has not yet expired, and who has not had service disconnected
for nonpayment, shall not be required to post an additional deposit
for water service if such customer is moving to a new location using
the same service within the city.
(3)
A water customer who has more than two (2) years of uninterrupted
water service using a one (1) inch or smaller line may, upon execution
of a written agreement and guarantee approved by the city council,
make regular monthly payments for water service and be exempt from
the requirement of posting a security deposit for service to other
property or properties using one (1) inch or smaller service owned
by said water customer, provided said water customer also pays for
sewer and garbage service. Such exemption shall terminate upon sale
of any of such property or upon discontinuance of service for nonpayment.
Guaranty agreements existing upon adoption of this article shall be
reduced to writing within one hundred twenty (120) days following
adoption of this article or service to such additional properties
may be terminated.
(4)
Water customers using meters larger than one (1) inch shall be required
to make a deposit equal to twice the amount of current estimated costs
for one (1) month prior to installation of a water meter. Such deposit
will be returned to the water customer, less any amounts due and owing
to the city, after five (5) years of continuous uninterrupted service.
Such deposit may not be assigned, and in the event of change of ownership
a new owner shall be required to post a new deposit. In the event
a customer fails to notify the city of change of ownership, the deposit
shall not be refundable until five (5) years after the date of change
of ownership. Security deposits posted after December 1, 1987, shall
not be refunded to the customer until such time as the customer notifies
the city of a move or change of ownership and a final bill is given
and paid.
(5)
The deposits herein required shall not apply to any existing water
customers whose service is not, on the date of adoption of this article,
disconnected for nonpayment.
(b)
Definitions and classification.
As used in this article,
the following terms shall be defined as indicated, except when the
context makes it obvious that a different meaning is intended:
(1)
Residential structure.
A building or structure used for human occupancy as defined in the standard codes adopted by the city in article 3.02 of this Code of Ordinances.
(2)
Commercial structure.
A building or structure used for purposes other than residential as defined in the standard codes adopted by the city in article 3.02 of this Code of Ordinances.
(3)
In the case where such use may be mixed or combined, as in an instance
where a residential structure is also used as a commercial structure,
as herein defined, the mixed usage shall be given a commercial classification.
(4)
Where an occupancy or use is not specifically provided for, or where
there is any uncertainty as to its classification, it shall be placed
in the classification that most nearly resembles it with respect to
life and fire hazards.
(5)
Residential unit.
A single structure, a building and
appurtenant outbuildings, a townhome, an apartment, a room, or a group
of rooms intended for exclusive occupancy of one (1) or more persons.
A residential unit is normally characterized by having access directly
or through a common area to the outside and by having its own bathroom
and its own area for preparation of meals.
(6)
Commercial unit.
A building, group of buildings, or
part of a building having access to the outside either directly or
through a common area, which is intended for exclusive use by a commercial
entity or related group of entities.
(7)
Single-family residential.
Residential with one (1)
unit.
(8)
Multifamily residential.
Residential with two (2) or
more units.
(9)
Minimum quantity.
The minimum amount of water use for
which each customer shall be billed each month, whether actually used
or not. Minimum quantity depends upon water meter size.
(10)
Excess quantity.
The amount of water actually used by
a customer in a month, less the applicable minimum quantity.
(11)
Minimum bill.
For each customer, the amount charged
for the minimum quantity.
(12)
A customer is located inside the city limits if the water used by
that customer is used within the city limits.
(13)
Abandoned tap.
A water tap which has been disconnected
either at the customer's request or by city action following six (6)
months of no consumption.
(c)
Minimum quantities and minimum bills.
Minimum quantities, based upon meter size, and minimum bills, based upon meter size and customer classification, shall be as provided for in the fee schedule found in appendix A of this code for customers located inside the city limits.
(d)
Charges for consumption.
(1)
Charges for actual water consumption shall be determined using the rates as provided for in the fee schedule found in appendix A of this code for customers located inside the city limits.
(2)
For each customer, the amount billed shall be the larger of the minimum
bill or the charge for actual consumption.
(e)
Water system extension and connection charges.
(1)
Charges for connection to the existing city water system inside the city limits shall be paid by the property owner in advance, as provided for in the fee schedule found in appendix A of this code.
(2)
Charges for extension of the city water system to serve a customer
inside the city limits shall be paid in advance by the property owner
based on the actual total cost of the extension as established by
the city's bidding process and the Texas Local Government Code, chapter
252, subchapter B, section 252.021.
(f)
Service outside city limits.
Water service will not
be provided outside the city limits.
(1999 Code, sec. 11.101)
(a)
Billing procedures.
(1)
Due date; late payment penalty.
Charges for utility
services, including sewer and garbage services as set out in this
chapter, shall be due and payable monthly. Water meters shall be read
monthly and charges for water consumed billed monthly. All utility
bills not paid within fifteen (15) days of billing shall be deemed
delinquent and assessed a penalty of ten (10) percent of the total
amount of said water bill.
(2)
Returned check charge.
In addition to the ten (10) percent late charge, an additional handling charge, as provided for in the fee schedule in appendix A of this code, shall be added as part of the utility bill for each check, draft or money order returned to the city marked “insufficient funds” or “account closed.” Such charge shall become immediately due and payable, and unless paid prior to the next billing cycle shall be grounds for discontinuance as provided in subsection (c) of this section.
(b)
Failure to pay charges.
If the total amount of the utility
bills, to include the ten (10) percent penalty, is not paid within
ten (10) days after proper notice and having given customer an opportunity
to be heard regarding billing error, duly authorized representatives
of the city shall have the authority to order service discontinued
until the appropriate service charge for reconnecting the same has
been paid to the city billing department, together with all delinquent
amounts due from said delinquent use.
(1999 Code, sec. 11.102)
In the sale of water by the city to any person within the city,
and in the supply of water for municipal use for the protection of
property against fire, the city does not agree nor is the city bound
to furnish water of any special or specified amount, but only undertakes
to furnish such water and the amount of water that may be supplied
from the wells of the city, or such other sources as they may select,
and in an amount within the capacity of the source and city's pumping
plants.
(1999 Code, sec. 11.103)
All of the rules and regulations contained in this article applicable
to patrons within the city shall likewise be applicable to patrons
now being served outside the city.
(1999 Code, sec. 11.104)
All patrons of the water system of the city, before being furnished
water by the city, must agree and do agree, by the request for water
service from the city water system, to comply with the applicable
rules and regulations of the city council, as well as all of the provisions
of this article.
(1999 Code, sec. 11.105)
The city shall not furnish water to any person unless such person
has complied with all rules and regulations of the city water system,
and if any patron of the city water system violates any of such rules
and regulations, the city shall shut off the water from the premises
of such violator.
(1999 Code, sec. 11.106)
In the event of accident by reason of which the city may become
unable to supply water to the patrons of the city, within or without
the city, or to the municipality for the prevention or suppression
of fire, the city will in no manner be liable for damages by reason
of any failure of the water system to supply water to any patron of
the water system, or to any person whose property may have been destroyed
by fire or otherwise damaged.
(1999 Code, sec. 11.107)
All receipts from the city water system shall be paid into the
treasury of the city, such receipts to be disbursed by the city council
in such manner as the city council may direct.
(1999 Code, sec. 11.108)
(a)
It shall be the policy of the city to supply water to the city's
patrons through mains and lines owned and controlled by the city and
which shall be located behind curbs in a dedicated street, alley or
approved easement adjacent to property being served.
(b)
All connections within the city limits shall be made in the following
manner:
(1)
If the property to be served is adjacent to a dedicated street, alley,
or easement where there exists a city water main or line, the city,
upon payment by the applicant of the regular service charge, will
construct such lines to and including the meter that shall be necessary
to serve such patron.
(2)
If the property to be served is adjacent to a dedicated street, alley, or easement, and an extension of the city water main or line is necessary, the city, upon payment of the regular service charge and the payment of an additional fee in the amount established in appendix A to this code per foot for such distance from the existing city water main or line to the property line of the property to be served, will construct such line to and including the meter, as shall be necessary to serve each patron. The term “regular service charge” shall mean charges for the construction of a three-quarter inch (3/4”) tap and three-quarter inch (3/4”) meter. Larger size taps and meters shall be installed at an additional cost to the patron.
(A)
All lines constructed and meters installed under the provisions of
this section shall be the property of the city, and the city shall
have full control and jurisdiction over such lines and meters.
(B)
The location and size of all meters shall be designated by the city
council, and all distances mentioned in this section shall be measured
by the most direct route along the streets, alleys and easements of
the city.
(1999 Code, sec. 11.109; Ordinance adopting Code)
In areas where water patrons are now being served by privately
owned lines, the following procedure will be followed: If and when
such lines shall, in the judgment of the city council, fail to give
adequate service because of loss of volume of pressure, or have deteriorated
beyond profitable repair, or have become a health hazard, the city
shall install or cause to be installed such lines or mains as are
necessary to make service adequate. Costs of construction of such
lines or mains shall be in accordance with the provisions of this
article.
(1999 Code, sec. 11.110)
No extension of any water main or line shall hereafter be laid
outside the city limits except within an approved addition or subdivision
within the confines of the extraterritorial jurisdiction of the city.
The extension of water mains or lines within an approved addition
or subdivision outside the city limits shall be controlled in accordance
with the subdivision ordinance of the city. Water service may be extended
to commercial and business buildings, institutions, and industrial
establishments within the city's extraterritorial jurisdiction. Such
establishments shall pay the full cost of extending such water mains
or lines.
(1999 Code, sec. 11.111)
“Abandoned water meter” shall mean a meter that has been disconnected from the city water main or line and the meter removed from the service location, except when a meter is removed for repair or replacement. In the event service is restored at the same property description, a service charge as provided for in the fee schedule found in appendix A of this code shall be made.
(1999 Code, sec. 11.112)
“Discontinued water service” shall mean water service
temporarily discontinued for the convenience of the patron being served.
The city will, at the request of the patron, cut the water service
off and restore such service.
(1999 Code, sec. 11.113)
City water service will be furnished to a vacant lot providing
existing water lines are available. Minimum water charges shall be
due and payable monthly, together with any charges for water used
in excess of the minimum for the preceding month.
(1999 Code, sec. 11.114)
If a meter reader is, in the opinion of the city water department,
unable to procure a reading of the meter owing to the building's being
locked or vacant, the occupant not permitting entrance to the premises,
is made precarious by a vicious dog or otherwise, or easy access to
meter is obstructed in any manner whatsoever, the charges may be estimated
for the amount not to exceed double the normal charge. And it is further
provided that, in case the consumer does not remedy the condition
and should he further refuse to pay the estimated bill, the city water
department shall have the right to discontinue the service without
further notice and service shall not be resumed until the conditions
complained of have been remedied and all charges for water service
and reconnection paid.
(1999 Code, sec. 11.115)
If a meter fails to register the water actually consumed by
reason of the register or meter getting out of order, the city water
department may estimate the charge by the normal consumption, taking
into consideration the season of the year. This estimation may be
based on the consumption either before or after the period that the
meter fails to register the water consumed.
(1999 Code, sec. 11.116)
If a patron complains of the charges for water supplied to the patron's premises and the patron demands the meter serving the premises be tested, the city water department may (i) remove the meter and test it in the presence of the patron, or (ii) deliver the meter to a certified testing laboratory for testing. The patron requesting the testing shall make the following deposit with the request: Labor charge, plus a fee as provided for in the fee schedule found in appendix A of this code if the meter is to be tested by a certified testing lab at the patron's request. If the meter is found to register two percent (2%) or less fast, the patron shall forfeit the deposit, and the water bill will remain unchanged. If the meter registers more than two percent (2%) fast, the deposit shall be refunded to the patron, and adjustments, as required, shall be made to the patron's water bill.
(1999 Code, sec. 11.117)
Water from the city water system shall be sold and delivered
by the city through its mains only to patrons at whose premises water
meters are installed, from water meter readings and water meter computations
only. Exclusion: The provisions of this section shall not apply to
cases where bulk water is sold by the city through hydrants or fire
hydrants. Bulk rates will be set by the city council.
(1999 Code, sec. 11.118)
Each meter installed at any premises shall constitute a separate
service and must be paid for as such.
(1999 Code, sec. 11.119)
For any service hereafter installed, each individual residence
or building making connections with the city water system shall have
a separate meter, and no new connection shall be made by the city
unless such individual residence or building is separately metered.
(1999 Code, sec. 11.120)
Except for such usage currently in existence or previously authorized
by the city, all meter sizes must be approved by the city prior to
installation based upon plans and other information submitted with
the service application. Meter sizing shall be determined by the city
based upon standards set by the American Water Works Association.
(1999 Code, sec. 11.121)
Any number of rooms or trailers on one (1) plot of ground owned
by one (1) person, firm or corporation and constituting a bona fide
tourist court or trailer park shall be entitled to water service through
one (1) meter. In all cases, each room or trailer shall constitute
a separate unit, and the entire amount of water consumed and registered
through such meter shall be billed to the person, firm, or corporation
owning such tourist court or trailer park and shall include an additional
minimum for each unit.
(1999 Code, sec. 11.122)
Any number of apartments on one (1) plot of ground and constructed
in one (1) building shall constitute a bona fide apartment unit and
shall be entitled to service through one (1) meter. In all such cases,
each apartment shall constitute a separate unit, and the entire amount
of water consumed and registered through such meter shall be billed
to the person, firm, or corporation owning such apartment unit or
units and shall include an additional minimum for each apartment.
(1999 Code, sec. 11.123)
Where apartment units or apartment houses are served with separate
meters for each apartment, the entire amount of water consumed through
each meter shall be billed to the person in whose name such water
service is registered, the same as to single-family dwellings.
(1999 Code, sec. 11.124)
Where a residence and garage apartment are served by a single
meter and the garage apartment is used by a member of the same immediate
family occupying the residence, no separate charge shall be made for
water service to the garage apartment. The term “immediate family”
shall mean only those relatives or members of the property owner's
family who would normally reside in the owner's household.
(1999 Code, sec. 11.125)
(a)
Cross-connections between piping receiving water from city water
mains and piping receiving water from any other source or storage
is positively forbidden, and the city reserves the right when there
is existence of any such cross-connections to immediately and without
further notice disconnect the service connecting such piping with
the city mains. Anyone desiring to use water from some other source
in addition to the city connection may do so by using a storage tank
and delivering the city water supply into the tank four inches (4”)
above the overflow line and through a pipe having at least a four-inch
(4”) air space between its discharge end and the top of the
tank. The water from the other source may then be piped into the tank
and the service lines taken from the tank in any manner desired.
(b)
If inflow from the city water main to a swimming pool or other storage
of water is below overflow level, a cross-connection exists.
(1999 Code, sec. 11.126)
No patron of the city water system shall permit any person to
tap any water pipe leading into his premises without the consent of
the city council.
(1999 Code, sec. 11.127)
No plumber or other person, except the city water department
or other persons acting under the direction of the city council, shall
be allowed to tap any water pipe leading into his premises without
the consent of the city council.
(1999 Code, sec. 11.128)
The provisions of this article shall not abridge any existing
refunding contract between the city and any person, but such contract
shall remain in full force and effect.
(1999 Code, sec. 11.129)
It shall be unlawful for any person to tamper with, injure or
deface any hydrants, stop cocks, standpipes or other city water system
fixtures, or use or take from the city water system any water except
in accordance with the rules and regulations governing such system,
or use or injure any water pipe or any other property whatever belonging
to the city water system, except as permitted by the regulations of
this article and the city council.
(1999 Code, sec. 11.130)
