(a) Penalty. Any person violating any provision of subsection
(b) shall be deemed guilty of a misdemeanor and punished by a fine not exceeding two hundred dollars ($200.00). This penalty shall be in addition to any penalty assessed for the theft of such service as provided in section 31.04 of the Texas Penal Code.
(b) Unlawful conduct.
(1) It shall be unlawful for any person or any agency, servant or employee
thereof to secure or attempt to secure utility service, whether electric,
gas or water, by physically or electrically tampering with or damaging
the metering, meter seals or locks and/or connecting, paralleling
or bypassing load usage on the line or company side of metered or
unmetered utility services by any means or devices in order to avoid
paying for usage of the utility services or knowingly using services
that have been obtained by these means.
(2) It shall be unlawful for any employee of a utility company within
the city to perform the above-stated unlawful acts that result in
the avoidance or improper metering of the utility service such employee
is charged with servicing.
The above unlawful acts shall not apply to licensed electricians
or plumbers during the performance of maintenance or emergency repairs
or to such persons acting on the request from the fire or police officials
in emergency situations; provided, however, any such acts shall be
reported to the affected utility within seventy-two (72) hours of
such act or, if not reported, such person performing the act shall
be deemed guilty of a misdemeanor.
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(1959 Code, sec. 19-20.5; Ordinance 7760, sec. 1, adopted 11/9/1978; 1983 Code, secs. 18-13, 18-14)
(a) Requirements for the reimbursement of water and sewer tap charges
are as follows:
(1) The agency applying for reimbursement of water and [sewer] tap charges
meets all the qualifications set forth in this section;
(2) Only the cost of water and sewer taps will be reimbursed under this
section. Any associated costs for the tap, including, but not limited
to, paving repairs, are not reimbursable;
(3) Only one (1) three-quarter-inch meter and one (1) four-inch sewer
will be reimbursable per house;
(4) Only new construction of one-family dwelling units, as defined pursuant
to section 40.01.003(59) of this Code of Ordinances, is eligible for
reimbursement;
(5) Eligible homes must be built in the designated community development
block grant areas, as determined by the United States Department of
Housing and Urban Development;
(6) Eligible homes must be sold to households at or below eighty (80)
percent of the median family income, as determined annually by the
United States Department of Housing and Urban Development; and
(7) The new homeowners must reside in the house.
(b) An agency must meet all of the following requirements in order to
qualify for reimbursement of water and sewer tap charges:
(1) The agency must be a nonprofit organization that builds affordable
housing within the limits of the City of Lubbock;
(2) The builder and/or the agency are responsible for all water charges
from the time the tap is made until the time the house is sold. Said
water charges are not reimbursable;
(3) Agencies must initiate and pay for the costs of the water and sewer
taps during the construction phase of the house;
(4) After closing the sale of the house, the agency may apply for reimbursement
of costs of water and sewer taps; and
(5) The agency representative shall present all required documentation
to the City of Lubbock Community Development Department in order to
apply for the reimbursement.
(c) At the time of application for reimbursement, the following documentation
shall be required in order for an agency to be eligible:
(1) A letter or other proof from the State of Texas detailing the agency’s
nonprofit status;
(2) Documents proving the sale of the house to new homeowners;
(3) Income verification of the new homeowners; and
(4) Size of the household to be living in the house and any other appropriate
demographic information as may be required.
(1983 Code, sec. 28-60; Ordinance 2000-O0016, sec. 1, adopted 4/6/2000)
Provisions concerning the water board of appeals are as provided in article
2.03, division
11 of this code.
(Ordinance adopting Code)
If amounts billed for utility services, other than electric
or gas utilities, are different than the city’s approved rates,
or if the city fails to bill the customer for services, a billing
adjustment may be calculated by the city when such over or under billing
is discovered by the city in the following manner:
(1) Over billing. If the customer was over billed,
an adjustment may be made for the over billings up to six (6) months
preceding the discovery of the billing error.
(2) Under billing. If the customer was under billed,
the city may bill the customer for the under billed amount. The back
billing will not exceed a period of six (6) months preceding the discovery
unless such billing is a result of meter tampering, bypass, unauthorized
use of services, or theft of services.
(Ordinance 2022-O0143 adopted 10/11/2022)
Utility services, other than electric or gas utilities, may
prorate monthly fees according to policies and procedures adopted
by the city manager.
(Ordinance 2022-O0143 adopted 10/11/2022)