The city manager shall have authority to decide any question which may arise and which is not fully covered by any of the provisions of this article and he shall have the right to fix and determine any water rate not provided for in this article and his decision in such cases shall be final, subject to modification by the mayor and city council.
(Ordinance 348, sec. 13, adopted 8/5/1926; 1959 Code, sec. 34-13; 1983 Code, sec. 28-51)
Meters shall be read monthly, and the consumer notified in writing in the form of a bill, statement, letter or otherwise, and proof of this notice may be made by a utility billing report showing that a statement was sent to the last-known address of such consumer, of the amount due from the customer to the city. Payment by the customer shall be due and payable upon receipt of the notice, and shall be considered late if not paid by the date specified in the notice as provided for by city ordinance. Payment shall be made at the address listed on the written notice or at other locations that may be authorized by the city for the payment of utility bills.
(Ordinance 444, sec. 5, adopted 6/27/1929; 1959 Code, sec. 34-22; 1983 Code, sec. 28-23; Ordinance 2010-O0049, sec. 5, adopted 6/24/2010)
(a) 
The city shall require a deposit from any consumer of the city's water system in order to obtain water service, in accordance with the following terms and conditions:
(1) 
Water utilities may require a deposit from a residential consumer in an amount equal to one hundred fifty dollars ($150.00), as determined by written policy of the director of water utilities, except as provided herein.
(2) 
A residential consumer may be exempt from the deposit requirement if any of the following conditions are met by the consumer:
(A) 
The consumer provides proof to the satisfaction of City of Lubbock Utilities (COLU), that during the two years prior to applying for service from COLU, the consumer was a customer of one or more of the COLU services for at least twelve (12) consecutive months; and
(i) 
The consumer demonstrates adequate and available credit, to the satisfaction of COLU; or
(ii) 
The consumer is at least sixty-five (65) years of age and has no outstanding account balance for COLU services.
(B) 
The consumer demonstrates adequate and available credit, to the satisfaction of COLU, by producing evidence of creditworthiness in the consumer's name from a utility providing city service of whom the primary consumer was a customer during the two years prior to applying for service from COLU, the consumer was a customer of a utility providing service, other than an energy provider for at least twelve (12) consecutive months; and
(i) 
While a customer, the consumer was not delinquent in paying for any utility service on more than one occasion; and while a customer, the consumer never had any of the utility services subject to interruption for nonpayment;
(ii) 
The consumer demonstrates adequate and available credit, to the satisfaction of COLU, by producing evidence of creditworthiness in the consumer's name from a utility providing city service of whom the primary consumer was a customer; or
(iii) 
The consumer is at least sixty-five (65) years of age and has no outstanding account balance for utility service(s) including COLU services that accrued within the last two years.
(C) 
The consumer has been determined to be a victim of family violence as defined in the Texas Family Code § 71.004, by a family violence center as defined in Texas Human Resources Code § 51.002, by treating medical personnel, by law enforcement personnel, by the Office of a Texas District Attorney or County Attorney, by the Office of the Attorney General, or by a grantee of the Texas Equal Access to Justice Foundation. This determination shall be evidenced by submission of a certification letter developed by the Texas Council on Family Violence. The certification letter may be submitted directly to COLU.
(3) 
A residential consumer who is exempted from the deposit requirement under subsection (a)(2) above may have the exemption withdrawn and a deposit applied to the account if the customer is no longer able to demonstrate creditworthiness. Events that are considered in this determination include but are not limited to:
(A) 
The consumer's account for services becomes delinquent and services are interrupted due to nonpayment;
(B) 
Payment for services has been returned to city's utilities as a dishonored payment;
(C) 
Tampering with COL property, or theft of service, has been found; or
(D) 
The consumer fails to comply with the terms of any agreed payment plan and/or payment arrangement.
(4) 
Residential deposit refund: Consumers from whom a deposit has been collected shall be eligible for a refund of said deposit after the customer has paid bills for service for twelve (12) consecutive residential billings and during this twelve (12) month period, demonstrated creditworthiness as defined in subsection (2)(B).
(5) 
Nonresidential:
(A) 
Water utilities may require a deposit from the consumer for nonresidential service in an amount equal to five hundred fifty dollars ($550.00).
(B) 
A residential consumer that demonstrates sufficient creditworthiness, according to all other criteria herein, may stand in proxy for new businesses establishing utility service and can be exempted from the requirement for deposit if ownership of the business can be proven. Proof of ownership shall be in a form and manner as determined by COLU.
(C) 
A consumer for nonresidential service shall be exempt from the deposit requirement if any of the following conditions are met by the consumer:
(i) 
The consumer was during the two years prior to applying for service from COLU a customer of one or more of the COLU service, excluding energy services, for at least twelve (12) consecutive months; and The consumer demonstrates adequate and available credit to the satisfaction of COLU.
(ii) 
The consumer demonstrates adequate and available credit, to the satisfaction of COLU, by producing evidence of creditworthiness in the consumer's name from a utility providing services, excluding energy services, of whom the primary consumer was a customer.
(iii) 
Additional forms of creditworthiness include surety bonds and letter of guarantee of these mechanisms must guarantee payment to the utility in the event of the consumer's default.
(iv) 
Deposits will not be required for service to or for the following:
a. 
Landlord transferring services to tenant.
b. 
Property developer transferring services to home owner.
(D) 
A nonresidential consumer who is exempted from the deposit requirement under subsection (2)(B) may have the exemption withdrawn and a deposit applied to the account if the consumer is no longer able to demonstrate creditworthiness. Events that are considered in this determination include but are not limited to:
(i) 
The customer's account for services become delinquent and the customer's services are interrupted due to nonpayment;
(ii) 
Payment for services has been returned to city's utilities as a dishonored payment;
(iii) 
Tampering with COL property, or theft of service, has been found; or
(iv) 
The customer fails to comply with the terms of any agreed payment plan or payment arrangement.
(6) 
Deposit refunds:
(A) 
Interest payment to depositor: When the service is discontinued COLU shall return the deposit and any unpaid interest on the deposit to the depositor or the depositor's heirs or legal representatives. COLU may deduct from the amount returned for any payments due for the services.
(B) 
Refunds to eligible consumers shall be made promptly either in the form of a check payable to the consumer or as a credit to the consumer's bill, as determined at the sole discretion of COLU. A consumer who received a refund of their deposit may have the deposit requirement reapplied if the consumer no longer demonstrates creditworthiness as defined in subsection (2)(B).
(C) 
COLU shall keep the following records for all deposits collected by COLU pursuant to this section:
(i) 
The name and address of each depositor;
(ii) 
The amount and date of the deposit; and
(iii) 
Each transaction concerning the deposit.
(D) 
Any deposit not previously refunded to consumer or credited to consumer's account as provided herein shall be credited to consumer's final bill for service.
(b) 
The city shall require a deposit for portable meter accounts and related backflow prevention assembly used to obtain water from fire hydrants. If the meter and backflow prevention assembly are not returned in working order, or are otherwise damaged, or if the fire hydrant or water supply line to the fire hydrant are damaged, the customer shall pay for the cost of repair. If the customer does not pay for the cost of repair, the city shall use the deposit to pay for the cost of repair. Any portion of the deposit so used must be repaid to city by the customer before the customer can continue using water through the portable meter account. Deposits for portable meter accounts shall be as follows:
(1) 
The deposit for portable meter account and related backflow prevention assembly shall be: $2,500.00.
(2) 
The deposit for a special event for a nonprofit, community or other non-construction and non-utility entity shall be $150.00 per day with a minimum of $300.00 for a small hose-end meter assembly.
(3) 
No deposit fee shall be required by other city departments.
(4) 
Failure to report monthly non-Automated Metering Infrastructure (AMI) reads will result in a non-refundable $75.00 service fee and estimated volume usage charges will be applied.
(5) 
Unauthorized use charge of $1,000.00 assessed to any consumer or corporation found connected up to a fire hydrant without a valid and current fire hydrant meter contract and metering device issued by city.
(c) 
The consumer or the owner of property served must notify the COLU within five calendar days after the occurrence of:
(1) 
Any change in ownership, whether by sale, foreclosure, business reorganization or otherwise;
(2) 
Any occupancy of previously vacant property;
(3) 
Any total vacancy in the property served; or
(4) 
Any change of place of residence or business.
(d) 
Where no charge specified. When charges for a service are not specified in this article, the city manager shall establish charges which are based on the cost of performing the services including, but not limited to, such services as the moving of meter locations, and repair to damaged facilities.
(Ordinance 444, sec. 7, adopted 6/27/1929; 1959 Code, sec. 34-25; Ordinance 3052 adopted 2/25/1960; Ordinance 3587, sec. 2, adopted 9/14/1961; 1983 Code, sec. 28-26; Ordinance 2000-O0068, sec. 1, adopted 3/22/2001; Ordinance 2010-O0049, sec. 7, adopted 6/24/2010; Ordinance 2024-O0138 adopted 10/22/2024)
Effective October 1, 2023, the city, through the city manager, shall charge and collect from every customer and every customer shall pay a monthly base charge for water which shall be billed to all customers based upon the water meter size as follows:
Meter Size
Water Base Charge
Three-quarter inch (3/4") meter
$18.75
One inch (1") meter
$31.31
One and a half inch (1.5") meter
$62.44
Two inch (2") meter
$100.31
Three inch (3") meter
$200.06
Four inch (4") meter
$312.38
Six inch (6") meter
$624.56
Eight inch (8") meter
$999.38
Ten inch (10") meter
$1,436.81
(Ordinance 1241, sec. 3, adopted 6/26/1952; Ordinance 1882, sec. 1, adopted 4/26/1956; 1959 Code, sec. 34-11; Ordinance 4229, sec. 1, adopted 10/24/1963; Ordinance 5694, sec. 1, adopted 7/2/1969; Ordinance 7488, sec. 1, adopted 7/14/1977; Ordinance 8046, sec. 2, adopted 5/22/1980; Ordinance 8082, sec. 2, adopted 8/28/1980; 1983 Code, sec. 28-52; Ordinance 8454, sec. 1, adopted 6/23/1983; Ordinance 9102, sec. 2(1), adopted 8/27/1987; Ordinance 9301, sec. 7, adopted 8/10/1989; Ordinance 9551, sec. 1, adopted 9/10/1992; Ordinance 10183, sec. 1, adopted 8/26/1999; Ordinance 2001-O0078, sec. 1, adopted 9/13/2001; Ordinance 2002-O0097, sec. 1, adopted 9/17/2002; Ordinance 2005-O0113, sec. 1, adopted 10/13/2005; Ordinance 2006-O0097, sec. 1, adopted 9/13/2006; Ordinance 2007-O0010, secs. 1, 3, adopted 2/22/2007; Ordinance 2008-O0018, secs. 1, 3, adopted 2/28/2008; Ordinance 2009-O0018, sec. 1, adopted 3/9/2009; Ordinance 2010-O0070, sec. 16, adopted 9/16/2010; Ordinance 2011-O0080, sec. 16, adopted 9/8/2011; Ordinance 2012-O0100, sec. 19, adopted 9/13/2012; Ordinance 2013-O0087, sec. 16, adopted 9/10/2013; Ordinance 2014-O0155, sec. 1, adopted 11/20/2014; Ordinance 2015-O0094, secs. 18–18B, adopted 9/10/2015; Ordinance 2017-O0111, sec. 16, adopted 9/14/2017; Ordinance 2021-O0126, sec. 13, adopted 9/14/2021; Ordinance 2023-O0108 adopted 9/12/2023)
(a) 
Effective October 1, 2023, in addition to the base charge, the city, through the city manager, shall determine the amount of water used by each customer through monthly meter readings and shall charge to and collect from every customer and every customer shall pay for water furnished by the city to the customer. The water furnished by the city shall be measured on a per one thousand (1,000) gallons basis and billed as follows for single-family residential customers:
0–1,000 gallons
Included in base charge
1,001–5,000 gallons
$4.10
5,001–10,000 gallons
$7.15
10,001–30,000 gallons
$8.75
Usage in excess of 30,000 gallons
$9.25
(b) 
All other customers will be billed as follows:
Block 1
$4.89 per 1,000 gallons
Block 2
$6.67 per 1,000 gallons
Block 3
$8.00 per 1,000 gallons
(1) 
Single-family residential irrigation.
Does not include a block 1 volume; the block 2 volume of water is from 1,000 gallons used up to 40,000 gallons; and the block 3 volume is the amount of water used in excess of the block 2 volume.
(2) 
Multifamily residential, commercial and public.
The block 1 volume is the amount of water used up to 100% of the average winter consumption (AWC) of each multifamily residential, commercial and public premises, respectively, the AWC being the average volume of water used as measured by the non-irrigation meter readings for the months of September, October, November, December, January and February, and updated in March of each respective year; the block 2 volume is the amount of water used in addition to the block 1 volume up to an additional 50% of the AWC (total of block 1 and block 2 is equal to 150% of the AWC); and the block 3 volume is the amount of water used in excess of the block 1 and block 2 volumes.
(3) 
Nonresidential irrigation.
Does not include a block 1 volume; the block 2 volume of water shall be the average monthly use by all nonresidential irrigation users by meter size for nonresidential irrigation services. The block 3 volume is the volume of water used in excess of block 2 volume.
(4) 
Schools.
All water used will be charged at a block 1 rate.
(5) 
Industrial.
All water used by industrial customers will be charged at a block 1 rate. An industrial customer is defined as a commercial facility that uses more than one million gallons per day (1.0 MGD) on average (annual volume divided by 365 days).
(6) 
Wholesale.
(A) 
The following water volume rate shall be applicable for those federal, state or local governments, governmental agencies or governmental subdivisions that are authorized to purchase water by city ordinance and enter into contracts with the city for wholesale purchases. The block 1 volume is the amount of water used up to 100% of the average winter consumption ("AWC") of the wholesale customer, the AWC being the average volume of water used as measured by the meter reading for the months of September, October, November, December, January and February, and updated in March of each respective year; the block 2 volume is the volume of water used in excess of the block 1 volume up to an additional 200% of the AWC (total of block 1 and block 2 is equal to 300% of the AWC); and the block 3 volume is the amount of water used in excess of the block 1 and block 2 volumes. For wholesale customers that do not have an AWC calculated for their service, the AWC shall be established by contract based upon the average volume of water authorized in the contract for delivery in the months of September, October, November, December, January and February. Thereafter, an AWC shall be calculated based upon the volume of water actually used as provided for in this section. Solely for the purposes of wholesale customers, the water volume rate shall be 1.5 times the water volume rate for all other customers as set forth above, as applicable to each block.
(B) 
Nothing contained herein, absent agreement otherwise by the wholesale customer, shall affect existing valid and subsisting wholesale contracts by and between the city and wholesale customers. Any renewal or extension of such contract, other than renewals and extensions that may be exercised unilaterally by the wholesale customer, shall provide for the rates prescribed in this section.
(C) 
The rates prescribed herein for wholesale customers reflect the increased cost of service by the city for such customers, including without limitation, costs related to water distribution infrastructure and remote metering and service issues, standby water demands, and the impact of advancing the timing of water supply projects to meet additional water supply demands for wholesale customers.
(7) 
Fire hydrant.
All non-fire use of water from a fire hydrant, including construction use, will be charged at a block 2 rate as established by this section.
(8) 
Affordable or average billing.
Affordable or average billing may be offered to certain customers by policy approved by the city manager or his designee. The policy shall provide for an averaging methodology that ensures the city shall receive the total amount due over the course of a year, and that has a sign-up period between September and December of each year.
(Ordinance 1241, sec. 1, adopted 6/26/1952; Ordinance 1882, sec. 1, adopted 4/26/1956; 1959 Code, sec. 34-10; Ordinance 4229, sec. 1, adopted 10/24/1963; Ordinance 5694, sec. 1, adopted 7/24/1969; Ordinance 7488, sec. 1, adopted 7/14/1977; Ordinance 8046, sec. 1, adopted 5/22/1980; Ordinance 8082, sec. 1, adopted 8/28/1980; 1983 Code, sec. 28-53; Ordinance 8454, sec. 2, adopted 6/23/1983; Ordinance 9102, sec. 2(2), adopted 8/27/1987; Ordinance 9301, sec. 8, adopted 8/10/1989; Ordinance 9551, sec. 2, adopted 9/10/1992; Ordinance 10183, sec. 2, adopted 8/26/1999; Ordinance 2001-O0078, sec. 1, adopted 9/13/2001; Ordinance 2002-O0097, sec. 2, adopted 9/17/2002; Ordinance 2005-O0113, sec. 2, adopted 10/13/2005; Ordinance 2006-O0097, sec. 2, adopted 9/13/2006; Ordinance 2007-O0010, secs. 2, 3, adopted 2/22/2007; Ordinance 2008-O0018, secs. 2, 3, adopted 2/28/2008; Ordinance 2009-O0018, sec. 3, adopted 3/9/2009; Ordinance 2010-O0049, sec. 14, adopted 6/24/2010; Ordinance 2010-O0070, sec. 17, adopted 9/16/2010; Ordinance 2012-O0100, secs. 20–21, adopted 9/13/2012; Ordinance 2013-O0028, sec. 1, adopted 3/14/2013; Ordinance 2013-O0087, sec. 18, adopted 9/10/2013; Ordinance 2014-O0122, secs. 18–19, adopted 9/11/2014; Ordinance 2014-O0155, sec. 2, adopted 11/20/2014; Ordinance 2015-O0094, secs. 19–19B, adopted 9/10/2015; Ordinance 2017-O0111, sec. 17, adopted 9/14/2017; Ordinance 2021-O0126, sec. 14, adopted 9/14/2021; Ordinance 2023-O0108 adopted 9/12/2023)
The rate for water supplied to Texas Tech University shall be the same rate as established for and applicable to schools in sections 22.03.084 and 22.03.085 of this division.
(Ordinance 1241, sec. 5, adopted 6/26/1952; Ordinance 1258 adopted 8/4/1952; Ordinance 1882, sec. 1, adopted 4/26/1956; 1959 Code, sec. 34-12; Ordinance 4229, sec. 1, adopted 10/24/1963; Ordinance 5035, sec. 1, adopted 6/23/1966; Ordinance 7488, sec. 1, adopted 7/14/1977; Ordinance 8046, sec. 3, adopted 5/22/1980; Ordinance 8082, sec. 3, adopted 8/28/1980; 1983 Code, sec. 28-54; Ordinance 8454, sec. 3, adopted 6/23/1983; Ordinance 9551, sec. 3, adopted 9/10/1992)
The rate for water supplied to Lubbock Christian University shall be the same rate as established for and applicable to schools in sections 22.03.084 and 22.03.085 of this division.
(1959 Code, sec. 34-12.2; Ordinance 5558, sec. 1, adopted 10/24/1968; 1983 Code, sec. 28-55; Ordinance 9551, sec. 4, adopted 9/10/1992)
The rates for water supplied to the Buckner Baptist Home shall be the same rate as established for and applicable to multiple-family in sections 22.03.084 and 22.03.085 of this division.
(1959 Code, sec. 34.12.1; Ordinance 5255 adopted 5/25/1967; 1983 Code, sec. 28-56; Ordinance 9551, sec. 5, adopted 9/10/1992)
(a) 
All bills for water consumed shall be due and payable twenty-one (21) days after issuance. Simple interest of five (5) percent shall be charged to the consumer if the consumer pays his bill after twenty-one (21) days from issuance. The five-percent interest on late payments shall apply to all classes of consumers served. Provided, however, that this section shall be subject to chapter 182, subchapter A, of the Texas Utilities Code, “Payment of Utility Bill for Elderly Individual.”
(b) 
As used in this section, date of issuance shall mean the date when a bill is placed in the United States mail, properly addressed to the consumer.
(Ordinance 1241, sec. 2, adopted 6/26/1952; 1959 Code, sec. 34-14; 1983 Code, sec. 28-57; Ordinance 8389, sec. 1, adopted 1/27/1983; Ordinance 2001-O0044, sec. 2, adopted 6/26/2001)
(a) 
The customer shall select a city-approved utility contractor to install water taps for residential and commercial taps of 2-inches or less. The utility contractor shall be registered with the city’s engineering department and shall have a current class C water operator license with the Texas Commission on Environmental Quality.
(b) 
Construction of the water tap and sewer lateral connection shall conform to the City of Lubbock Engineering Minimum Design Standards and Specifications.
(c) 
The utility contractor shall notify the city engineer at least 48 hours prior to construction and within 72 hours of the completion of construction. The city will issue a notice of completion within 72 hours of the utility contractor notifying the city. Then, the customer can request and pay the appropriate fee for the desired size water meter.
(Ordinance 1005, sec. 1, adopted 7/27/1950; Ordinance 1960, sec. 1, adopted 7/12/1956; 1959 Code, sec. 34-15; Ordinance 4705, sec. 1, adopted 5/27/1965; Ordinance 5743, sec. 1, adopted 9/11/1969; Ordinance 7506, sec. 1, adopted 8/11/1977; Ordinance 8059, sec. 1, adopted 6/26/1980; 1983 Code, sec. 28-58; Ordinance 9411, sec. 8, adopted 2/14/1991; Ordinance 9725, sec. 1, adopted 9/8/1994; Ordinance 2010-O0049, sec. 15, adopted 6/24/2010; Ordinance 2017-O0111, sec. 18, adopted 9/14/2017; Ordinance 2019-O0129, sec. 13, adopted 9/10/2019; Ordinance 2021-O0126, sec. 15, adopted 9/14/2021; Ordinance 2021-O0168 adopted 12/14/2021)
(a) 
The city council reaffirms its prior policy adopted March 8, 1984, to prohibit the sale of water to individuals, businesses, agencies or organizations that lies outside the corporate limits of the City of Lubbock.
(b) 
In order to compromise and settle protests and threatened litigation regarding the disposal of treated municipal effluent by city, the city council authorizes the city's water department to extend the city's water distribution facilities outside the corporate limits and to offer to sell water (1) to the Town of Ransom Canyon for resale: (A) within its corporate limits as of January 1, 2015; (B) in any area included within the authorized service area of its certificate of convenience and necessity, as issued by the Texas Commission on Environmental Quality, or successor agency; and (C) to the Roosevelt Independent School District; and (2) to Lubbock County Water Control and Improvement District No. 1 for resale within the corporate limits of the Village of Buffalo Springs as those limits existed as of January 1, 2015, and other such locations as permitted by the city council, provided the offer to sell water and the sale of water shall be subject to the conditions and limitations specified in the provisions of this section, the applicable provisions of this chapter, where such provisions are not inconsistent with this section, and the agreements approved and accepted by the city council. By adopting and implementing this section, it is not the intention of the city to offer to sell water to persons located outside the city's corporate limits other than the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1, unless otherwise specifically permitted by city council.
(c) 
The authority to extend city's water distribution system outside the corporate limits and to offer to sell water to the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1 shall be subject to the conditions and limitations, as follows:
(1) 
In order to accept the city's offer to sell water, the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1, each shall request service and each shall enter into a written contract approved and accepted and signed by the mayor on behalf of the city.
(2) 
As a part of the written contract for water service, the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1 shall agree to limit the volume of water delivered, pursuant to such contract, to each entity respectively, during any twenty-four (24) consecutive hours; and any three hundred sixty-five (365) consecutive days. The volume limitation for each value shall be agreed to between the city and the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1, but in no event shall such volume exceed that which is necessary to allow complete service (A) by the Town of Ransom Canyon: (i) within the corporate limits of the Town of Ransom Canyon as such limits exist as of January 1, 2015; (ii) within any area included within the authorized service area of its certificate of convenience and necessity, as issued by the Texas Commission on Environmental Quality, or successor agency; or (iii) to Roosevelt Independent School District; or (B) by the Lubbock Water Control and Improvement District No. 1, within the service area of the Lubbock County Water Control and Improvement District No. 1 actively being served by such district in the corporate limits of the Village of Buffalo Springs as such limits existed on January 1, 2015, and other such locations as authorized by the city council.
(3) 
As part of the application, the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1 shall each agree to provide retail service only and to limit service to consumers located within their respective service area, as described in subsection (2) above, and other such locations as authorized by the city council.
(4) 
As part of the application and agreement, the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1 shall each agree to pay for water delivered by city at the rate established from time-to-time by the city council. The city, acting through the city council, reserves the right to adjust the rate from time-to-time based upon the methodology recommended by the city's consultants.
(5) 
As part of the resolution approving the agreements between this city and the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1, the city council shall expressly find that there is adequate untreated water supply and water treatment capacity and treated water storage, pumping, and distribution capacity within the city's water system to satisfy the demands of the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1 to the extent described in their respective agreements, together with all other service commitments of the city that are existing or anticipated at the time the wholesale customer applies for service.
(6) 
The water department of the city is hereby authorized to adopt policies and procedures, not inconsistent with the terms of this section, as may be necessary to implement the provisions for the intent of the city council herein expressed.
(d) 
The city council approves and accepts the methodology of determining the city's cost of providing services to the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1 as described in the report prepared by Freese & Nichols, the city's consulting engineers, dated June, 1988; and based upon the methodology set forth in such report the city council adopts the initial rates for providing services to the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1 as follows:
(1) 
Eighty-one and seventeen-hundredths (81.17) percent of the rate established for "commercial" as set forth in section 22.03.085 of the Code of Ordinances of the City of Lubbock. In addition, there shall be added to such rate the proportionate costs of installing capital improvements necessary to furnish such water which shall be repaid over a period of thirty (30) years on either an annual or monthly basis at six and one-half (6-1/2) percent simple interest.
(2) 
From and after August 19, 2008, rates for the Town of Ransom Canyon and/or Lubbock County Water Control and Improvement District No. 1 shall be eighty-one and seventeen-hundredths (81.17) percent of the rate established for either (1) multifamily residential, commercial and public customers; or (2) wholesale customers, as set forth in section 22.03.085 of the Code of Ordinances of the City of Lubbock, as same may be amended from time-to-time.
(e) 
The authority granted to the water department to offer the sale of water to the Town of Ransom Canyon and Lubbock County Water Control and Improvement District No. 1 and any offer made by the water department pursuant to this authority, shall cease at midnight, August 19, 2038, unless the offer is accepted. Any offer shall be accepted by delivery to city of a contract acceptable to the city, signed by the authorized representatives of the prospective customer. Acceptance of the offer by one of the two prospective customers shall not extend the authority or the offer to sell water to the other prospective customer.
(f) 
The prior policy adopted March 5, 1984, and this section shall not be construed to prohibit the sale of water to federal, state or local governments, governmental agencies or governmental subdivisions pursuant to appropriate intergovernmental contracts.
(g) 
The prior policy adopted March 5, 1984, and this section shall not be construed to prohibit water service to city-owned property and/or facilities located thereon regardless of whether such facilities are located inside or outside of the boundaries of the City of Lubbock.
(1983 Code, sec. 28-59; Ordinance 9249, sec. 1, adopted 1/12/1989; Ordinance 9551, sec. 6, adopted 9/10/1992; Ordinance 9648, sec. 1, adopted 9/23/1993; Ordinance 2008-O0073, sec. 1, adopted 8/19/2008; Ordinance 2013-O0051, sec. 1, adopted 5/23/2013; Ordinance 2016-O0002, sec. 1, adopted 1/28/2016; Ordinance 2023-O0115 adopted 9/26/2023)
Should any meter fail to register correctly the amount of water used by a consumer since the previous reading, the right shall exist on the part of the water department to estimate the consumption on previous usage.
(Ordinance 444, sec. 4, adopted 6/27/1929; 1959 Code, sec. 34-20; 1983 Code, sec. 28-21)
All charges for water service shall be charged against the premises for which service was installed and against the owner thereof and such premises and such owner shall be liable for the payment of any and all water furnished. Provided, however, it shall be lawful for any owner to contract with his tenant, in addition to the regular rent to be paid, for the payment of such water rent and it shall be lawful for the tenant to pay the water rents; but such contract shall not relieve the owner or his property from liability for such rent.
(Ordinance 348, sec. 7, adopted 8/5/1926; 1959 Code, sec. 34-26; 1983 Code, sec. 28-27)
(a) 
Duplexes, townhouses and condominiums.
(1) 
All duplexes, townhouses condominiums, apartments and rental units of less than four units in the complex constructed on or after the effective date of this ordinance shall be required to be designed and constructed in such a manner as to provide separate water service for each living unit within the complex. Separate service is defined as a separate plumbing system for water service, a separate water service connection to the city water system, and a separate water meter for each living unit within the structure.
(2) 
The consumer or user for each living unit in a duplex, townhouse, condominium, apartment and rental unit that has separate service shall be responsible for payments for service and for any full delinquent amount due as provided for by this chapter.
(3) 
The owner or owners, whether an individual, group or corporation, of any duplex, townhouse or condominium that does not have separate service for each living unit shall be responsible for payments for service and for any full delinquent amount due as provided for by this chapter. Partial payments for any particular living unit within the complex will not be applied to that particular living unit, but any payments made shall be applied to the account of the entire building complex.
(b) 
Strip centers or shopping centers.
(1) 
The consumer or user for each business unit in a strip center or shopping center that has separate service shall be responsible for payments for service and for any full delinquent amount due as provided for by this chapter. Separate service is defined as a separate plumbing system for water service, a separate water service connection to the city water system, and a separate water meter for each business unit within the strip or shopping center.
(2) 
The owner or owners, whether an individual, group or corporation of any strip or shopping center that does not have separate service for each business unit shall be responsible for payments for service and for any full delinquent amount due as provided for by this chapter. Partial payments for any particular commercial unit within the complex will not be applied to that particular commercial unit, but any payments made shall be applied to the account of the entire building complex.
(1959 Code, sec. 34-26; Ordinance 5694, sec. 1, adopted 7/24/1969; 1983 Code, sec. 28-28; Ordinance 2010-O0049, sec. 8, adopted 6/24/2010)
(a) 
The City of Lubbock Water Utilities may discontinue, suspend, disconnect or refuse to supply water to any consumer who fails to comply with section 22.03.089 of this chapter and/or section 28.10.053 of this code. Such water service shall also be disconnected when a consumer fails to pay for other utility services rendered by the city.
(b) 
Every consumer of the city's water utility system shall pay charges for water consumption as provided in section 22.03.089 of this chapter. Notice and opportunity for hearing pursuant to this chapter will be given to persons disputing the amount of such charges. In the event same are not so paid, the city shall disconnect water service unless said user or consumer has appeared and shown substantial reason why such action should not be taken.
(c) 
If water service is disconnected or cut off due to nonpayment, the customer will be charged forty dollars ($40.00) for the disconnection. Whenever the amount past due and delinquent is paid by such consumer, water service may be restored, but there shall be charged and collected a reconnection charge of forty dollars ($40.00) for reconnection during normal working hours and fifty-five dollars ($55.00) for reconnection outside normal working hours. Normal working hours are from 8:00 a.m. to 5:00 p.m. on weekdays, excluding city holidays. Water service shall also be disconnected when a user or consumer fails to pay for other city utility services rendered by or through the authority of the city.
(d) 
If water service is disconnected or cut off due to nonpayment for any of the city utility services furnished, the water department shall not permit water service to be restored and turned on again for the consumer at the same premises, or to the consumer at any other premises within the city, until the full delinquent amount shall have been paid. The full delinquent amount shall be defined as payment for both services rendered as required by ordinance and for any additional charges authorized by ordinance in order to disconnect or re-establish service including but not limited to equipment, labor and charges related to the repair of meters, curb stops, damaged boxes, and cutting at the corporation, street or alley repairs, or any other repairs and charges made necessary by the user's delinquency or tampering.
(e) 
If water service is disconnected or cut off by the city at the corporation, the corporation being defined as the connection to the city main, the consumer will be charged three hundred dollars ($300.00) for the disconnection, and the consumer shall be charged an additional three hundred dollars ($300.00) for reconnection of service.
(Ordinance 375 adopted 5/12/1927; Ordinance 444, sec. 5, adopted 6/27/1929; 1959 Code, sec. 34-23; Ordinance 6472, sec. 1, adopted 10/12/1972; Ordinance 7811, sec. 1, adopted 3/8/1978; 1983 Code, sec. 28-24; Ordinance 2001-O0044, sec. 1, adopted 6/26/2001; Ordinance 2010-O0049, sec. 6, adopted 6/24/2010; Ordinance 2019-O0144 adopted 10/8/19; Ordinance 2023-O0108 adopted 9/12/2023; Ordinance 2025-O0112 adopted 9/9/2025)
(a) 
The director of water utilities may grant in writing a temporary variance determining the average winter consumption (AWC) of a customer as prescribed in section 22.03.085 of this article, or the history based consumption (HBC) as prescribed in section 22.04.041 of this chapter, in the event that it is determined by the director of water utilities that failure to grant such variance would cause an emergency condition adversely affecting the health or sanitation, or would work an unnecessary hardship due to fundamental unfairness of the application of the AWC or HBC to the customer requesting the variance.
(b) 
Customers that have no billing history or only a partial billing history for the entire calculation period may request an AWC default value pursuant to section 22.03.085 of this division, or an HBC default value pursuant to section 22.04.041 of this chapter, as the case may be. Customers may appeal the AWC or HBC default value so determined by filing a petition for variance with the director of water utilities. The director of water utilities may consider water use during the months used to calculate the AWC or HBC in approving an adjustment thereof. The director of water utilities may also consider water use by previous occupants or comparable customer use in approving an adjustment to the AWC or HBC. Adjustments will become effective prospectively upon approval, and no retroactive adjustments shall be approved.
(c) 
Customers requesting a modification from the computation of the AWC as set forth in section 22.03.085 of this division, or from the computation of the HBC as set forth in section 22.04.041 of this chapter, shall file a petition for variance with the director of water utilities. All petitions for variances shall be reviewed by the director of water utilities and shall include, in addition to the information provided in article 2.03, division 11 of this code, the following:
(1) 
Detailed statement as to how the city's computation of the AWC, or HBC as the case may be, would cause an emergency condition adversely affecting the petitioner or fundamentally unfair to the petitioner.
(2) 
Description of the relief requested.
(3) 
Period of time for which the variance is sought.
(4) 
Other pertinent information.
(d) 
Variances granted by the director of water utilities shall be subject to the following conditions:
(1) 
The variance granted shall not be retroactive, but shall be effective for all utility account billings dated on or after the date the variance is granted until the variance shall expire.
(2) 
Variances granted shall expire on the later to occur of:
(A) 
The last day of the last month utilized to compute the AWC or HBC; or
(B) 
The implementation of the AWC or HBC, next following the granting of the variance by the permit and license appeal board.
(C) 
Once a variance has been granted, no additional variances will be considered or granted until after the next scheduled recalculation of the AWC or HBC, as the case may be.
(e) 
In the event that a customer disputes the accuracy of the city's billing for water or wastewater, the customer may appeal such billing to the director of water utilities. The disputes shall be limited to situations or occurrences wherein actual inaccuracies in the quantity of water consumed by the customer and/or inaccuracies or errors in rates or fees billed for water or wastewater are asserted. The appeal must be made in writing to the city by the customer within six months of the date on the bill that is being appealed. Examples of appeals include:
(1) 
Inaccurate meter readings;
(2) 
Inaccurate rates and/or fees applied to such customer; and
(3) 
Inaccurate volumes of water due to leaks.
(f) 
In the event that a customer desires to appeal a decision of the director of water utilities made in accordance with this section, the customer may appeal to the permit and license appeal board, by making application within fifteen (15) business days of the denial of the internal administrative appeal. Such appeal shall be made in writing and filed with the city secretary.
(1983 Code, sec. 28-61; Ordinance 2007-O0010, sec. 4, adopted 2/22/2007; Ordinance 2010-O0049, sec. 16, adopted 6/24/2010; Ordinance 2014-O0151, sec. 1, adopted 11/6/2014; Ordinance 2023-O0071 adopted 6/27/2023)
(a) 
The city manager shall formulate and implement an affordability program whereby certain residential customers who meet the income requirements of the program, and whose annual adjusted gross household income does not exceed $22,000.00, may be eligible to receive assistance from the City of Lubbock in the form of a reduction in the monthly water meter charge otherwise applicable.
(b) 
To apply for a reduction under the affordability program, a person must make written application with the City of Lubbock in prescribed form, and with complete and accurate documentation.
(c) 
In no case shall an applicant’s discount under the affordability program exceed an amount equal to a thirty percent (30%) reduction in the applicable base monthly fee for water service provided by a three-quarter inch (3/4") meter.
(d) 
Aggregate annual discount amounts for all eligible applicants shall be less than one percent (1%) of the budgeted water fund revenue adopted by ordinance for current fiscal year, and all costs associated with the affordability program shall be borne by the City of Lubbock’s General Fund as provided herein.
(e) 
Each meter subject to the water base charge imposed by ordinance shall be eligible for one (1) discount only under the affordability program, and no discount shall be applied to charges in connection with residential meters larger than one inch (1") in size.
(f) 
The city manager shall determine and formulate all policies, discount qualifications, and procedures necessary to implement the affordability program established hereby, and a forty-five (45) day enrollment period for the affordability program shall begin no later than May 1, 2009.
(g) 
Customer eligibility for the affordability program shall be determined based upon the following criteria, in addition to income guidelines:
(1) 
At least one permanent resident of the applicant’s residence must be:
(A) 
Sixty-five (65) years of age or older; or
(B) 
Mentally or physically disabled according to state or federal rule or law; or
(C) 
The primary caretaker of at least one (1) dependent child under the age of 18 years.
(h) 
The City of Lubbock’s water department shall report the total discounted amounts under the affordability program to the city manager and the city council on a monthly basis, and the general fund shall promptly reimburse the water fund in an amount equal to the amounts discounted under the affordability program.
(i) 
The affordability program established hereby shall expire on June 16, 2011, or on the date upon which the water base rates as set forth in section 22.03.084 shall have been updated subsequent to the effective date of this provision, whichever shall be the earlier to occur.
(1983 Code, sec. 28-52.1; Ordinance 2009-O0018, sec. 2, adopted 3/9/2009; Ordinance 2010-O0045, sec. 1, adopted 6/10/2010)
For purposes of article 22.03, the term "federal, state or local governments, governmental agencies or governmental subdivisions" shall not include any district or authority created pursuant to either sections 52(b)(1) and (2), article III of the Texas Constitution, section 59, article XVI of the Texas Constitution, and/or title 4 of the Texas Water Code, unless such district or authority was in existence prior to July 13, 1989.
(Ordinance 2023-O0114 adopted 9/26/2023)