The following rates for residential and commercial water and
sewer are hereby prescribed:
(1)
Joint minimum water and sewer bill: $37.37
(2)
(3)
Sewer service: There shall be charged for sewer service in the city
for each the following metered rates:
(E)
Wastewater rate for residential or commercial properties issued a variance from mandatory sewer hookup requirement: There shall be charged for sewer service for a residential or commercial property in the city and for which a variance from the city's mandatory connection to wastewater system has been issued pursuant to section 13.02.014.
(Ordinance 17-1202 adopted 12/5/17; Ordinance 21-0301 adopted 3/2/21)
All accounts shall be payable at the office of the city secretary
on the 1st day of each month. The city secretary shall discontinue
service to any connections on which the statements shall not have
been paid on or before the 15th day of the month following the month
in which service is rendered. After service has been discontinued,
it shall be unlawful for any person or property owner to reconnect
said service. Accounts for which service has been discontinued shall
be deemed delinquent and referred to the city’s authorized collection
agency for collection of the unpaid debt in accordance with federal
and state collection laws.
(Ordinance 17-1202 adopted 12/5/17; Ordinance
22-1003 adopted 10/11/2022)
After the 15th day of the month following the month in which
service is rendered, in lieu of a disconnection of services, the city
secretary shall charge a late payment charge equal to ten percent
(10%) of the outstanding statement or statements and a second notice
will be mailed on the 16th day of every month. However, the water
service shall be subject to disconnection and the delinquent debt
subject to referral to a collection agency without further notice
if the late payment charge and reconnect fees are not paid.
(Ordinance 17-1202 adopted 12/5/17; Ordinance
22-1003 adopted 10/11/2022)
The city secretary shall charge a reconnection fee for of disconnected
water service in accordance with the city’s master fee schedule.
In addition, a fee of 30% of the delinquent amount shall be assessed
if the debt was referred to the city’s collection agency.
(Ordinance 17-1202 adopted 12/5/17; Ordinance
22-1003 adopted 10/11/2022)
The following rates shall be assessed for water meter deposits
prior to the opening of the account:
(1)
Residential: Deposit will be $150.00 plus a $25.00 nonrefundable
administrative meter setup fee.
(2)
Commercial: Deposit for commercial accounts will be based on estimated
monthly usage.
(A)
Less than 10,000 gallons: $175.00 plus $25.00 nonrefundable administrative
fee.
(B)
10,001–30,000 gallons: $250.00 plus $25.00 nonrefundable administrative
fee.
(C)
30,001–50,000 gallons: $350.00 plus $25.00 nonrefundable administrative
fee.
(D)
Greater than 50,000 gallons: $500.00 plus $25.00 nonrefundable administrative
fee.
(Ordinance 17-1202 adopted 12/5/17)
A transfer fee of $35.00 shall be charged for each water meter
transfer made at the request of a city water customer.
(Ordinance 17-1202 adopted 12/5/17)
A fee of $35.00 shall be assessed to a water customer's account
for each temporary water cut-off performed by the city during normal
business hours. Such fee shall be $70.00 for such cut-off at any other
time. This fee shall not be assessed for permanent discontinuation
of service, and such shall not be assessed if the cut-off is at the
instance of the city.
(Ordinance 17-1202 adopted 12/5/17)
A fee of $125.00 shall be assessed to a water customer's account
each time a water meter is tested or replaced at a water customer's
request or at the request of anyone deemed by the city to be acting
for the customer. This fee shall not be assessed if, upon testing
the meter by the city, the city determines that the meter is faulty
resulting in readings of water usage more than 2% more or less, than
the actual water usage.
(Ordinance 17-1202 adopted 12/5/17)
A fee of $35.00 shall be assessed to any customer whose check
is returned to the city for insufficient funds.
(Ordinance 17-1202 adopted 12/5/17)
The following fees shall be charged for the tapping of new meters
into the city water system:
(1)
$630.00 for new 3/4" meters with up to 60 ft. of service line within
the city limits.
(2)
Any water taps over 3/4" and/or taps with over 60 ft. of service
line will be charged actual cost.
(Ordinance 17-1202 adopted 12/5/17)
All connections between the city and any customer shall be metered
with the exception of fire suppression in public housing. All residential
and commercial meters, 2 inch and larger shall be compound meters
and be installed with a valved service bypass. Said bypass to be used
only by the city and only when necessary for meter repair.
(Ordinance 17-1202 adopted 12/5/17)
The city shall charge a $525.00 tapping charge for a new sewage
connection. The city will be responsible for lateral sewer line installation,
maintenance, and repair to a point where the city property terminates.
At that point, the city shall install a service fitting (double clean-out)
and the customer will be responsible for the line from the service
fitting to the origin. Also, the customer will bear the actual cost
of labor, materials and equipment of all work done including repair
of roadway if necessary. This cost is over and above the tap fee.
This applies only to complete new sewer line installations. If an
existing sewage connection is disconnected for nonpayment of the monthly
charge, a fee of $160.00 shall be charged for the reconnection of
such service.
(Ordinance 17-1202 adopted 12/5/17)
The city shall charge the following rates for the repair of
damaged water and sewer lines where persons other than city employees
cause such damage:
(1)
Labor: $55.00 per hour per man; $75.00 per hour per man after business
hours.
(2)
Equipment: $60.00 per hour.
(3)
Materials: Actual cost.
(Ordinance 17-1202 adopted 12/5/17)
(a)
Mandatory connection.
(1)
No building, tract of land, or structure in an area of the city for
which water or sewer service is available shall be occupied for residential,
commercial, industrial, or other such purposes unless such buildings
or structures are connected by a separate connection to the city water
and sewer system unless specifically exempted herein or a variance
request is approved and issued by the city council.
(2)
Each residential unit and business unit within the city shall be
connected by separate connection to the city water and sewer system
as soon as city water and sewer service is available to such unit,
unless specifically exempted herein or a variance request is approved
and issued by the city council. Property that abuts a street, road,
or other public way in which a public water supply is located and
is within two hundred feet (200') of such water and sewer line is
deemed to have access to the city water and sewer system.
(b)
Separate connection required.
(1)
Any unoccupied residential unit or business unit within the city
for which water and sewer service has been provided previously by
the city water and sewer system or its predecessor shall be connected
to the city water and sewer system by a separate connection prior
to occupancy.
(2)
Any two or more residential units that are found to be obtaining
water and sewer service through a single meter shall be required to
connect each such unit by a separate connection to the city water
and sewer system within thirty (30) days of notice from the city.
(3)
Each business unit within the city shall be connected by a separate
connection to the city water and wastewater system as soon as city
water and wastewater service is available to such unit, unless specifically
exempted herein.
(c)
Master meter.
(1)
Any commercial or industrial establishments or entities located within
a single building and served by a master meter on the effective date
of the ordinance enacting this section may elect to continue to receive
water service through a master meter.
(2)
From the effective date of the ordinance enacting this section, no
person or commercial or industrial establishment shall be permitted
to obtain service through a master meter or otherwise provide water
service to another person or entity.
(d)
Exemption.
Any residential unit within the city which
is being served by a privately owned water well or on-site septic
system on the effective date of the ordinance enacting this section
shall be connected to the city water and sewer system by a separate
connection at such time as the well or on-site septic system fails
to meet the county, Blanco-Pedernales groundwater conservation district,
state department of licensing and regulation, or state commission
on environmental quality permitting requirements or other statutes
or regulations of the state.
(e)
Variance from mandatory wastewater system connection.
(1)
The city council may consider a variance request for installation
of an on-site sewage facility (OSSF) on a property in lieu of the
mandatory wastewater system connection.
(2)
An application for a variance request shall include information prepared
by either a professional sanitarian or a professional engineer (with
appropriate seal, date, and signature) on the planning, materials,
construction, installation, alteration, repair, extension, operation,
maintenance, permitting, and inspection of the OSSF. The information
shall demonstrate compliance with minimum standards for OSSF installation
and operation pursuant to Texas Administrative Code, chapter 285 on-site
sewage facilities, as amended, and as promulgated by the state commission
on environmental quality (TCEQ); the Texas Health and Safety Code
chapter 366 on-site sewage disposal systems; and with the rules and
regulations for OSSFs of the county.
(3)
A variance request must be submitted to the city as part of a plat
application for the property for which the variance is sought. The
variance request shall be processed in accordance with the plat application
process to include review by the city planning and zoning commission,
public notice and hearing, and consideration and final decision by
the city council. An application shall include payment of an application
fee to recover administrative costs for review of a variance request
and shall be an amount as set in the master fee schedule.
(4)
No variance shall be approved and issued unless the city council
finds that:
(A)
There are special circumstances or conditions affecting the land
involved such that strict application of the mandatory connection
would result in an unreasonable impact on and use of the land;
(B)
Because of the particular physical surroundings, shape and/or topographical
conditions of the specific property involved, a particular hardship,
as distinguished from mere inconvenience to the owner, would result
from the mandatory connection. Pecuniary hardship, standing alone,
shall not be deemed to constitute undue hardship;
(C)
The variance is necessary for the preservation and enjoyment of a
substantial property right;
(D)
The granting of the variance will not be detrimental to the public
health, safety, welfare or injurious to other property in the area;
and
(E)
The conditions upon which a variance is based are unique to the property
for which the variance is sought, and are not applicable generally
to other property.
(5)
A variance permitting an OSSF shall be issued with conditions including,
but not limited to, imposing an expiration deadline of the variance
if OSSF installation is not initiated; providing a copy to the city
of the TCEQ annual report regarding operation and maintenance of the
OSSF; immediately notifying the city of emergency issues or substantial
problems with the OSSF; reserving to the city the right to enter upon
the property at any time for the purpose of reviewing emergency matters;
submitting monthly payments in accordance with the city's wastewater
sewer rates for administrative costs incurred by the city for initial
review of the variance application and continuing OSSF oversight upon
issuance of the variance; and recording the plat with appropriate
notations indicating OSSF installation is permitted.
(6)
Failure to comply with conditions shall result in revocation of the
variance and imposition of fines for violation of this article.
(Ordinance 21-0301 adopted 3/2/21)
(a)
Each person desiring water and/or wastewater service shall be required
in accordance with the city's application process to complete an application
for such service with the city and pay such fees required.
(b)
Connections shall not be made by authorized city personnel or on
their approval to either the system until an application is approved
in accordance with the city's approval process.
(c)
No cross connection shall be made between private wells and the city
public water works system or any other potable water supply system.
(Ordinance 18-0103 adopted 1/9/18)
(b)
Criminal and civil penalties.
A person violating any provision of section 13.02.014 is subject to prosecution for criminal violations as well as suit for injunctive relief.
(2)
Civil remedies.
Nothing in section 13.02.014 shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of section 13.02.014 and to seek remedies as allowed by law, including, but not limited to, the following:
(A)
Injunctive relief to prevent specific conduct that violates the section
or to require specific conduct that is necessary for compliance with
the section;
(B)
A civil penalty up to $2,000.00 a day when it is shown that the defendant
was actually notified of the provisions of the section and after receiving
notice committed acts in violation of the section or failed to take
action necessary for compliance with the section. Each day constitutes
a separate offense and separate violation; and
(C)
Other available relief.
(Ordinance 18-0103 adopted 1/9/18)
Any premises, locations, or entities, public or private,
that are not a residential unit, including all industrial and commercial
entities, within the corporate limits of the city.
Any establishment, public or private, rendering a service,
manufacturing a product, offering a product for sale, or any other
similar activity.
The initial or first connection ("tap") or any subsequent
additional connection of a residential or business unit to the city's
water or wastewater system.
Any person, firm, or corporation receiving city water or
wastewater services for a residential or business unit, whether within
the city or outside the city limits.
An individual human, partnership, co-partnership, firm, company,
limited liability partnership or other partnership, or other such
company, joint venture, joint stock company, trust, estate, governmental
entity, association, or corporation or any other legal entity, or
their legal representatives, agents, or assigns. The masculine gender
shall include the feminine, the singular shall include the plural
where indicated by the context.
A dwelling within the corporate city limits or a service
area of the city intended for occupancy by a person or group of persons
comprising not more than one family. A dwelling shall be deemed occupied
and shall be deemed by the city to be a separate residential unit
for billing and collection purposes when either water or electrical
power services are being supplied thereto.
The individual metering facilities for each residential or
business unit for which the city services have been requested or provided,
whether occupied or not.
(Ordinance 21-0301 adopted 3/2/21)
Any person, firm or entity who shall violate any of the provisions
of this division shall be guilty of a misdemeanor, and upon conviction
shall be fined an amount not less than one dollar ($1.00) or more
than five hundred dollars ($500.00). Each and every separate violation
shall constitute a separate offense.
(Ordinance 14-1201, att. A, sec.
3, adopted 2/4/14)
(b)
Payment of charges; multiple loads.
Full payment for
the water must be tendered to the city through the utility clerk or
designee prior to receipt of the water to be received that day. The
city will not maintain accounts for the purchase of bulk water. For
purchases requiring more than one (1) load, all loads must be completed
on the date of the application between the hours of 8:00 a.m. and
4:00 p.m. The first load is any amount of water up to 2000 gallons.
Additional loads are defined as any amount of water obtained during
the same day up to 1000 gallons.
(Ordinance 14-1201, att. A, sec.
1, adopted 2/4/14)
(a)
Although the water sold by the city is water from its public water
supply system, the city will sell bulk water only as non-potable water.
Each individual or entity purchasing bulk water from the city must
sign a statement on the bulk water purchase application acknowledging
that the water received is being sold as non-potable water and that
the water is not to be sold or otherwise distributed to any other
individual or entity.
(b)
It shall be the duty of persons or entities purchasing bulk water
to provide their own water tank or storage container. The water will
be pumped into the customer-provided container by city personnel using
a city-owned hose. The hose used by the city does not meet the requirements
in 30 TAC 290.44(i) for drinking water. It shall be a violation of
this division for any individual other than an authorized employee
of the city to pump water from the city public water supply system
at the bulk water distribution location.
(c)
The city will pump water for bulk water sales at 300 E. Pecan Drive.
Each person or entity wishing to purchase bulk water from the city
must first complete a bulk water purchase application at city hall,
also located at 303 E. Pecan Drive, Johnson City, Texas. Providing
false information on the application shall be a violation of this
division and any such person providing false information will subsequently
be prohibited from purchasing bulk water from the city.
(d)
The city offers the sale of bulk water through its public water supply
system as a courtesy to the community and, therefore, reserves the
right to cease the sale of bulk water at any time and to refuse the
sale of bulk water on a case-by-case basis. In accordance with the
drought contingency plan for the city, the city will not sell bulk
water beyond Stage 2 water restrictions.
(Ordinance 14-1201, att. A, sec.
2, adopted 2/4/14)
