City of Navasota, TX RATES, CHARGES AND COSTS

No person shall use or attempt to use any city utility service prior to the time a meter deposit has been made to the city for the service desired and the service has been turned on by an authorized city employee and duly inspected by said employee to see that the service is properly functioning and meets all applicable plumbing, gas, health and sanitation regulations.

Any person caught tampering with or in any way damaging any city utility service or equipment shall be subject to prosecution for the offense committed, and if found guilty shall be subjected to the penalty provisions of this article, in addition to being responsible for any damage to the service or equipment.

(Ordinance 572-08, sec. 2, adopted 11/10/08)

§ 13.02.003 Opening new accounts.

All new accounts for the city utility services must be applied for in person and by the person making the application for service. No person will be allowed to connect city utility services in any other person’s name without both parties being present in the city offices and proper signatures and valid identification obtained. However, a person presenting a valid power of attorney may connect city utility services in the person’s name granting the power of attorney to said person.

(Ordinance 599-09 adopted 9/28/09)

§ 13.02.004 Utility deposits.

Before water or gas service is turned on for a customer, a utility deposit for water and for gas must be collected, a deposit receipt issued to the customer, and a work order issued for the service to be connected.

Utility deposit required–Residential.

Utility deposits for natural gas service and for public drinking water service are required of every customer of the city except as follows:

Local, state, and federal government entities; and

Navasota city employees, Grimes County employees, Navasota Independent School District Employees, and employees of other governmental agencies, upon presentation of satisfactory evidence of governmental employment, are exempt from paying utility deposits to the city for the provision of city-owned utility services.

In the event a customer is exempt from paying a utility deposit to the city due to his/her governmental employment, such customer will forfeit this exemption if the customer is late in paying any utility bill, or any portion thereof, on one (1) occasion in any twenty-four-month period, and said customer will be required to pay a utility deposit to continue to receive utility service from the city.

In the event a customer is exempt from paying a utility deposit to the city due to his/her governmental employment, such customer will be required to pay a utility deposit with the city upon a change in status of employment to a nongovernmental position.

The city shall maintain every utility deposit to secure the payment in full of all billing, fees, and other amounts owed by the customer to the city for utility service.

Multiple accounts may be created by a residential customer using the following standards:

Providing the customer has established good credit with the city over a period of two (2) years (no penalties and no disconnections for nonpayment were assessed on the account during the most recent 24-month period), no additional deposit will be required for subsequent connections.

Providing the customer does not have a satisfactory credit history with the city or the history with the city is for a period of less than two (2) years, a new deposit will be required for each new account.

Form of utility deposit.

All utility deposits shall be made in cash, credit card, or by check, subject to bank clearance. All payments made with credit or debit card must be made in person and require an authorized signature.

Amount of utility deposit.

Residential customers.

The amount of the utility deposit to be paid by residential customers of the city shall be determined by the city council by resolution or other appropriate act properly enacted and published as may be required by law.

Commercial and industrial customer.

Commercial and industrial customers shall pay an initial cash deposit as provided in appendix A to this code.

Default.

Upon default by a customer in the timely payment of any deposit, bill, late penalty, disconnect fees, or other fees related to the utility service being received by the customer from the city, the city shall give written notice of default to the customer at the customer’s last known address according to the records of the utility department of the city.

If the default is not cured by the customer within the time set out in the notice, the city may disconnect the customer from the utility service.

If the customer is disconnected, any portion of the bill, late penalties, disconnect fees, and other outstanding fees for the utility service due to the city by the customer may be deducted and offset from the cash utility deposit deposited with the city for that specific utility service.

The balance of the utility deposit, if any, remaining after offsetting amounts owed, will be refunded at the next billing cycle to the customer at the last known address of the customer according to the records of the city.

(5)

If the customer has a utility deposit substitution as allowed in (f)(2)(B) below, that customer by the filing of the same with the city, authorizes the city, upon default, to take such action as is reasonably necessary to liquidate that substituted utility deposit, applying the proceeds therefrom first to the payment of expenses and legal fees incurred in the liquation thereof, and the balance to the outstanding balance due the city for the utility service for which the utility deposit was made.

(6)

The customer shall remain liable for any amount owing the city and not paid by the deduction or offset allowed hereunder.

(f)

Refunds and substitutions.

Residential customer utility deposits.

Refunds.

The city shall refund a residential customer’s utility deposit after the following criteria has been met:

(i)

After 24 months if no penalties and no disconnections for nonpayment were assessed on the account;

(ii)

Service was not connected; or

(iii)

After permanent disconnection of service where no balance on any of that customer’s utility accounts are outstanding to the city.

Substitutions.

Utility company records with 2 years of good payment history indicating no penalties and no disconnections for nonpayment occurred. In the event the customer does not maintain a good payment history as defined herein, the customer shall be required to make a new deposit for each account.

Industrial and commercial customer utility deposits.

Refunds.

The city shall refund an industrial or commercial customer’s utility deposit if:

(i)

Service is not connected;

(ii)

After permanent disconnection of service where no balance on the customer’s utility account is outstanding to the city; or

(iii)

After 24 months with no more than one (1) penalty and no disconnections for nonpayment were assessed on the account.

Substitutions.

(i)

The city may allow for a substitute utility deposit as described below in lieu of a cash utility deposit for commercial and industrial customers, provided that the commercial or industrial customer:

Has established and provided documentation to the city of a prior satisfactory credit history with another utility covering an historical period of ten (10) years; and

Has established a satisfactory payment history with the city for a period of two (2) years.

(ii)

An industrial or commercial customer may substitute one of the following for its cash deposit, under the circumstances set out above:

Certificate of deposit with a local bank in the name of the customer, in an amount satisfactory to the city, automatically renewable, with a valid assignment of the certificate to the city on file with the bank;

Irrevocable letter of credit from a financial institution, in an amount satisfactory to the city, with a term of not less than 5 years; or

Real estate note with a valid deed of trust lien upon nonexempt property.

(iii)

All utility deposit substitutions shall be subject to the approval and sole satisfaction of the city. In the event the customer does not maintain a good payment history as defined herein, the customer shall be required to make a new deposit for each account.

(iv)

Utility deposit substitutions shall be released, returned, or reassigned to the customer or the customer’s order at the election of the customer to disconnect/terminate service with the city, provided that no default exists in the payment of any amounts for city utility service.

(g)

Termination or disconnection of service.

Every customer shall provide reasonable notice to the city of the date when the customer anticipates terminating utility service.

The city, in reliance upon that notice and to the extent reasonably feasible, will disconnect the customer on the date provided to the city.

Service to the customer will cease on that date, and the customer will be obligated for payment for utility service through that disconnection date, subject to the following conditions:

Provided no default has occurred, and where a cash utility deposit or part thereof remains after termination or disconnection, a refund to the customer will be made of any cash balance at the time of the next billing cycle; and

Where a utility deposit substitution is on file with the city, upon termination where there is no balance due to the city and no default exists, customer shall be entitled to release of the instrument substituted in lieu of a cash deposit.

(h)

Miscellaneous.

The obligations contained herein are not assignable to a purchaser or third party.

All payments for utility billing must be made to the city. Payment to a purchaser of the customer or to a third party providing utility service will not constitute payment to the city. Payments mailed but not received by the city do not constitute as payment to the city.

The records of the city shall constitute the sole evidence as to the existence and amount of deposits and other transactions made pursuant to this article.

(Ordinance 572-08, sec. 4, adopted 11/10/08; Ordinance adopting Code; Ordinance 631-10 adopted 9/27/10; Ordinance 683-12 adopted 1/14/13)

§ 13.02.005 Monthly service rates.

Monthly service rates shall be charged to customers that use city utility services, plus a limited sales tax where applicable, plus a ten-percent (10%) penalty if bills are not paid prior to 5:00 p.m. on the due date. Delinquent bills not paid by to 5:00 p.m. on the 25th of the month will be assessed a service fee as listed in the city fine and fee schedule found in appendix A of this code on the 26th of the month.

Any owner, occupant, tenant or lessee of any residential or commercial premises in the city shall have garbage, trash and rubbish removed by either city or its contractor. The charges for said service shall be included on the monthly bill of the user, as determined by the utility deposit or service application.

Payment for services.

For any payment (check, draft, etc.) received by the city that is returned unpaid for any reason, a return check service fee (maximum allowed by law) will be imposed.

In the event the city receives notice of nonpayment of a check (draft, etc.) 2 (two) times in a 12 (twelve) month period, the city will not accept checks from said customer for a period of 1 (one) year from the date of the last returned check. Method of payment can only be cash, money order or credit/debit card when service is available.

In the event the city receives notice of nonpayment for a payment customer made to prevent disconnect, services will be immediately discontinued until delinquent amount and service fees are paid.

Third party checks will not be accepted for payment of utilities, utility deposits or service fees.

(Ordinance 616-10 adopted 4/12/10)

§ 13.02.006 Special service charges.

Except in cases of emergency, there shall be “after hours” service charges for services rendered after the city’s regular business hours. The city shall charge “after hours” fees in accordance with the city’s fine and fee schedule, with a minimum of one (1) hour charged on any call requiring one (1) hour or less of city personnel time. The city shall also assess additional charges, in accordance with the city’s fine and fee schedule, for the following services:

Seasonal disconnections and reconnections.

Turn off gas or water at customer’s request.

Transfer of service from one service address to another (past due bill must be paid prior to transfer).

Reconnecting delinquent accounts after turn-off.

(5)

Special permit fees.

(6)

Temporary water and sewer service: there shall be a charge of $25.00 minimum for temporary water and sewer service to a vacant property for purposes of inspection, cleaning and/or sale of property. The temporary service shall not exceed two (2) weeks. Additional charges for usage will be billed at the rates published in the fine and fee schedule found in appendix A of this code. The owner must contact the city to discontinue the service; otherwise the owner will continue to be billed for the city utility services.

(Ordinance 572-08, sec. 6, adopted 11/10/08; Ordinance 599-09 adopted 9/28/09)

§ 13.02.007 Application of utility rate to certain facilities.

Day-care facilities.

Registered family homes (those homes providing day care for fewer than 12 children) will be charged for utilities at the residential rates.

Licensed day-care facilities (those facilities providing day care for 12 or more children) will be charged for utilities at the commercial rates.

Nursing homes will be charged for utilities at the residential rate.

Hotels-motels will be charged for utilities at the commercial rate.

Navasota Independent School District will be charged for utilities at the school rate.

Apartments and multifamily dwellings will be charged residential rates on a per unit basis for water, gas, sewer and garbage, and any other fees assessed to residential customers.

(Ordinance 572-08, sec. 7, adopted 11/10/08)

§ 13.02.008 Due date of utility bill.

All charges for utility services furnished or rendered by the city shall be due and payable on the 15th day of each month at the appropriate city office by 5:00 p.m. If the 15th day is a weekend or holiday, payment shall be due the next following business day by 5:00 p.m. On delinquent accounts, if the 25th day is a weekend or holiday, payment shall be due the next following business day by 5:00 p.m.

(Ordinance 599-09 adopted 9/28/09)

§ 13.02.009 Procedure for collection of delinquent accounts.

Written notice shall be sent to all past due customers notifying the customers that utility services will be terminated on the 26th day of the month if payment of the bill is not received prior to 5:00 p.m. on the 25th day of the month. If the 26th falls on a Friday, weekend or holiday, services will be terminated the following business day.

Services will be terminated for any account that is not paid in full by the termination date and reconnection shall not be made until full payment of past due account and applicable charges, if any, are received. To the extent reasonably feasible, reconnection will occur within 24 hours of full payment on a first-come first-serve basis.

Payment extensions may be granted on delinquent accounts if the customer requesting such extension appears in person or by electronic signature at least one (1) day prior to the disconnection date and enters into a written agreement with the city manager or his designee. A customer who defaults on the first payment extension will not be eligible for a subsequent payment extension.

Any unpaid account will be turned over to a collection agency for collection.

(Ordinance 572-08, sec. 9, adopted 11/10/08; Ordinance 625-10 adopted 7/26/10; Ordinance 925-20 adopted 4/27/20)

§ 13.02.010 Utility taps.

After proper application and full payment of applicable charges, the city shall install all utility taps for water, gas, and sewer services:

Water, sanitary sewer and gas service taps shall be for a distance of 100 linear feet or to the property line, whichever is less. All distances in excess of 100 linear feet shall constitute an extension of line.

All special taps required for any utility shall be charged to the customer at the actual cost of the city based upon current prices for material, labor, and equipment expended by the city as determined by normal cost accounting procedures established by the city manager or the public works director.

Tapping fees shall be paid by the customer, for which a receipt will be issued. After payment, a work order shall be issued to the utilities superintendent so that requested taps may be installed.

Where water, sewer and gas service taps already exist, there shall be no tap fees imposed. In the case of a new development or subdivision or where service taps have been provided, only the actual costs of meters, regulators, appurtenances, labor and equipment shall be charged for installation.

(5)

Road bores, pavement cuts and replacement of pavement: where street pavement, sidewalks or any areas paved with concrete or asphalt materials are bored or cut to install water, gas, or sanitary sewer service lines, the charge to the customer to replace same shall be the actual cost of construction, which includes material, labor, and equipment.

(Ordinance 572-08, sec. 10, adopted 11/10/08)

§ 13.02.011 Extension of main lines and service lines.

Extension of all city utility main lines will be made within existing rights-of-way along dedicated streets, alleys, or easements. Extensions made by the city at customers’ request shall be paid for by the customer in accordance with the actual cost for materials, equipment and labor, payment to be made prior to start of construction. All main lines that are dedicated to and accepted by the city shall be owned by the city and built to city specifications.

All extensions requested by land owners that will cross private property must be installed as close to lot lines as possible with a perpetual utility easement granted to the city by said landowners prior to any such extension.

Nothing herein contained shall be construed as amending or superseding the requirements and provisions contained in the city’s subdivision regulations requiring all costs of development of any subdivision to be paid for by the subdivider.

The city may undertake utility system extensions using the city’s work force or by contract if such extension is economically feasible and future development of the area to be served is dependent upon the extension, and provided the funds are available for such extension.

Where the installation of public improvements is required, the applicant/subdivider/owner shall warrant that all required public improvements will be free from defect in materials and workmanship for a period of one (1) year following the date of acceptance by the city of the dedication of the last completed public improvement.

(Ordinance 572-08, sec. 11, adopted 11/10/08; Ordinance 973-21 adopted 8/23/21)

§ 13.02.012 Liquefied gas.

Except for domestic, noncommercial use of propane tanks for BBQ grills and similar uses, the use or storage of butane, propane or any other form of liquefied gas for residential and commercial heating and similar uses shall be prohibited within the city limits, unless said use is specifically authorized by the city manager in writing.

All installations and servicing of liquefied gas tanks for which specific written authorization is granted must be installed and serviced by an authorized dealer licensed by the state and any other appropriate entity having jurisdiction.

(Ordinance 572-08, sec. 12, adopted 11/10/08)

§ 13.02.013 Material requirements for customers’ service lines.

All materials used by contractors, plumbers, or property owners to tie utility service into the city utility system must be of the same quality and type that the city used on its portion of the service line, and must meet all applicable city specifications.

No service line may be covered by the person installing it until the city plumbing inspector has made an inspection and/or test on the line and has approved the line for covering.

Any person found to have installed an inferior grade of materials or installed materials not meeting the city’s specifications in a customer service line shall be required to replace such materials with the proper type at his own expense.

(Ordinance 572-08, sec. 13, adopted 11/10/08)

§ 13.02.014 Maintenance of water, gas and sewer lines on private premises; stoppage of leaks.

It shall be the duty of the owner of water, sanitary sewer and gas lines connected to the water and sanitary sewer and gas systems of the city to keep such lines in good repair.

When notified in writing by the city that a deficiency exists in a water or sanitary sewer line, the owner thereof shall have thirty days (30) to repair such deficiency, except in the case of an emergency creating an imminent threat to public health, safety or welfare. In the case of an imminent threat to public health, safety or welfare, the owner shall immediately repair such deficiency.

If after thirty (30) days’ notice (or immediately in the case of an emergency) a water or sanitary sewer line owner fails to cause the deficient water of sanitary sewer line to be repaired, such owner’s service shall be terminated until such deficiency has been repaired and inspected in accordance with all applicable state and local regulations.

For the purpose of the health, safety, and welfare of the citizens of the city, the termination or service may be ordered by the city manager or director of public works when raw sewage has created a public nuisance as defined in article 6.03 or other applicable regulations.

For the purpose of gas safety, a low-pressure gas test shall be performed on the lines serving any premises which have been disconnected from service for ninety (90) or more consecutive days before service is reconnected.

(f)

The city will monitor gas yard lines located on private property on an approved schedule as provided for in the City of Navasota Natural Gas System Operations and Maintenance Manual and the city’s Integrity Management Plan. The city shall be responsible for natural gas in all pipelines in its distribution system including yard lines upstream of gas meters. The property owner, where gas yard lines exist, shall be responsible for all costs associated with replacement of steel gas yard lines, and all costs associated with the repair or replacement of polyethylene yard lines. Gas yard lines shall be replaced by a licensed plumber certified in the welding of polyethylene gas piping. The repair of polyethylene gas piping shall be repaired by licensed plumbers who are certified and qualified in accordance with title 49 CFR chapter I, part 192, subpart N - qualifications of pipeline personnel.

(g)

Natural gas leaks detected by citizens or the city during the city’s regular monitoring activities and in the normal course of regular gas distribution duties shall be evaluated and graded based on the following standards. A grade 1 leak is an existing or probable hazard to persons or property and requires the operator to take action immediately to eliminate the hazard and make repairs. A grade 2 leak is nonhazardous at the time of detection, but requires the operator to schedule repair based on probable future cause. A grade 3 leak is nonhazardous at the time of detection and is reasonably expected to remain nonhazardous. Written notice shall be given to the owner and occupant (if the occupant is not the owner) of the property where the leak exists directing the owner to have said leak repaired or pipe replaced within the following time frames from receipt of letter.

Grade 1 leak: Gas service shall be turned off immediately until leak is corrected.

Grade 2 leak: Repair or replace within ten (10) days of written notice to owner/occupant, after which time gas service will be turned off until leak is corrected.

Grade 3 leak: Repair or replace within ten (10) days of written notice to owner/occupant, after which time gas service will be turned off until leak is corrected.

(Ordinance 572-08, sec. 14, adopted 11/10/08; Ordinance 639-10 adopted 11/8/10)

§ 13.02.015 Discharge of surface or rainwater into sanitary sewer system.

It shall be unlawful to allow any surface water, or rainwater, from the ground or roof of a structure, to enter into any sanitary sewer system or any vessel or sink connected with a sewer system, or to admit any drainage water from any cellar or other unauthorized source to any sanitary sewer system, except by permission of the city manager and under the direction of an inspector of the city.

(Ordinance 572-08, sec. 15, adopted 11/10/08)

§ 13.02.016 Garbage.

The city may contract with private or public providers for garbage collection and disposal service. In the event the city contracts for this service, all users of city utilities shall be deemed users of the garbage collection and disposal service, and shall be charged for said service as authorized by the city.

(Ordinance 572-08, sec. 17, adopted 11/10/08)

§ 13.02.017 Penalty.

Any person or persons found guilty of violating any section, clause or provision of this article shall be fined in sum not to exceed $2,000.00 and each violation shall constitute a separate offense. Any offense deemed a violation of the penal statutes of the state may be prosecuted under those provisions.

(Ordinance 572-08, sec. 18, adopted 11/10/08)

§ 13.02.018 Voluntary contributions.

A voluntary contribution of one dollar ($1.00) shall be included on the monthly bill for all utility customers wishing to participate. A larger amount may be included on the bill if requested by the customer and approved by the city manager. Said funds shall be kept separate from other funds.

Parks and recreation board.

On or before July 1st of each year the parks and recreation board shall make written recommendations to the city council regarding budgetary recommendations. Recommendations should be submitted to the city manager.

Fire department.

On or before July 1st of each year the city fire department shall make written recommendations to the city council regarding budgetary recommendations. Recommendations should be submitted to the city manager.

(Ordinance 600-09 adopted 9/14/09; Ordinance 601-09 adopted 9/28/09)

§ 13.02.019 Voluntary utility assistance fund.

There is hereby established the voluntary utility assistance fund (“fund”). This fund shall consist of money donated to the city for placement in the fund. The money in the fund shall be kept in its own bank account and shall not be commingled with any other funds of the city.

All money in the fund shall be used exclusively for the purpose of paying part or all of the utility bills of eligible utility customers.

There is hereby established a voluntary utility assistance fund advisory board (“board”).

The board will establish the eligibility criteria, develop the methodology for making payments, and continually monitor and evaluate the program, reporting periodically to the city council.

The eligibility criteria and methodology for making payments, including any amendments thereto, must be approved by the city council.

The board shall consist of five members appointed by the city council. The board shall include two councilmembers, two employees of the city, and one member of the public.