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 not require a deposit from any consumer of the city’s water system in order to obtain water service, except as provided in subsection
(b) below. Any deposits previously collected by the water department shall be refunded to the depositor thereof within two (2) years of the enactment of this section. Any deposits abandoned or left unclaimed shall be subject to chapters 72 and 76 of the Texas Property Code or any other state law pertaining to abandoned or unclaimed property.
(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: $1,545.00.
(2) The deposit for a special event for a nonprofit, community or other
non-construction and non-utility entity shall be $50.00 per day with
a minimum of $150.00 for a small hose-end meter assembly.
(3) No deposit fee shall be required by other city departments.
(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)
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 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 thirty-five dollars ($35.00) 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 thirty-five dollars
($35.00) for reconnection during normal working hours and fifty dollars
($50.00) 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)
(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)