The provisions of this article shall apply to the city’s
water and sewer systems.
(Ordinance 2009-10-15 adopted 10/6/09)
(a) This article
establishes certain general policies and specific requirements to
be used in provision and extension of retail water, and sewer utility
service. Additional substantive or procedural policies and requirements
may be developed or applied, or both, on a case-by-case basis as the
need arises.
(b) The city
may make exceptions to this article for good cause. The following
criteria shall be used in determining whether a good cause exception
is to be granted:
(1) Whether
the good cause exception would undermine the purpose of this article;
(2) Whether
the good cause exception would further the purpose of this article;
(3) Whether
the good cause exception is warranted due to difficult or impossible
circumstances;
(4) Whether
the need for a good cause exception could have been avoided with reasonable
foresight;
(5) Whether
the good cause exception, if not granted, would produce an illogical
result;
(6) Whether
the good cause exception would be a material variance from this article;
and
(7) Whether
the good cause exception would unduly prejudice or burden the city
or affected persons.
(c) Adopting
this article in no way precludes the city from altering or amending
any portion of this article in whole or in part, or precludes the
city from adopting additional rules pertaining to the provision of
water and sewer retail utility service. This article is not an exhaustive
list of policies, requirements or procedures implementing, interpreting
or prescribing law or policy applicable to regulating retail water
or sewer service. This article shall not be construed to enlarge,
diminish, restrict or alter the city’s jurisdiction, authority
or powers or the rights of any person.
(Ordinance 2009-10-15 adopted 10/6/09)
Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases that are not defined
in this article but are defined in this Code or other ordinances of
the city shall be given the meaning set forth in those Code provisions
or ordinances. Other words and phrases shall be given their common,
ordinary meanings unless the context requires otherwise. Headings
and captions are for reference purposes only, and shall not be used
in the interpretation of this article.
City.
The City of Hillsboro.
Customer.
Any person provided water or sewer services by the city.
Developer.
A person who intends to construct on or otherwise develop
more than one lot within the city as a project, whether residential,
commercial, or other.
Director.
The director of public works of the city or his/her designee.
Person.
An individual, corporation, organization, government or political
subdivision or agency, business trust, partnership, association, or
any other legal entity.
Pro Rata Charges.
Fees charged to new intervening water or sewer service customers
who connect to a city water or sewer main or facility, the cost of
construction of which that was paid by a developer or individual,
that are used to reimburse that developer or individual for a portion
of such costs. Such charges shall be calculated on a case by case
basis prior to the initial construction of the water or sewer main
or facility paid for by the developer or individual to be reimbursed,
and the portion of the main or facility for which pro rata charges
are collected shall be measured from the then existing water or sewer
line and the first point of connection of the developer or individual.
The goal of such calculation shall be to fully reimburse the developer
or individual if all intervening service connections become connected,
but no developer or individual shall have a right to full reimbursement.
In no event may a developer or individual recover more than his or
her original costs. The city may provide that the period for collection
of such pro rata charges shall be limited in time.
Qualified Service Applicant.
A person that has met all the applicable requirements as
outlined herein in order to obtain water or sewer service within the
city’s service area.
Retail Water or Sewer Service.
Water or sewer service provided by the city directly to the ultimate retail consumer as that term is defined by Chapter
13, Texas Water Code, and other applicable law.
Service Area.
The corporate limits of the city or the area served by or
certificated to the city for provision of retail water or sewer service.
(Ordinance 2009-10-15 adopted 10/6/09)
(a) All persons
desiring from the city retail water or sewer service or desiring to
transfer service from a service location to another service location
shall file an application with the city at the city office (city hall
building), 214 East Elm Street, P.O. Box 568, Hillsboro, Texas 76645.
No connection to the sewer system shall be made before the person
has met the application, fee, and extension requirements set forth
herein.
(b) The city
shall provide water and sewer service to only qualified service applicants
and no water or sewer service application shall be accepted by the
director unless the application is submitted by a qualified service
applicant.
(c) A person
is a qualified service applicant if the person has met the following
conditions:
(1) The
person has submitted a completed and signed water or sewer service
application to the director.
(2) For
developers desiring retail water or sewer service from the city, the
developer has complied with the city’s subdivision ordinances
to obtain retail water or sewer service from the city for the subdivision
and all meters are installed.
(3) For
persons required to obtain a building permit from the city, the person
has paid all the required building permitting fees.
(4) For
persons desiring water or sewer service for property or service connections
located outside the city limits, the person has complied with the
requirements of this article.
(5) The
person has paid all applicable charges and fees prescribed by the
city’s fee schedules, including all tapping and metering charges,
all security deposits, and plumbing code inspection fees.
(6) For
rental properties, the person has submitted the rental contract or
agreement, if requested by the city.
(7) The
person has complied with the city’s extension of water and sewer
facilities requirements, if necessary.
(8) The
person has paid all the pro rata charges as required herein or by
the city’s ordinances.
(d) The city
may refuse service to a person if, at the time of the application,
the person is indebted to another utility for the same kind of service
for which the person has applied from the city. However, if the person
is disputing the indebtedness and is otherwise in compliance with
the depository requirements, service shall not be refused.
(e) No application
shall be approved unless the director determines that the requested
service is for reasonable consumer uses and will not threaten or endanger
the city’s water or sewer system so as to threaten the city’s
ability to provide continuous and adequate service.
(f) Any person
denied service under this article may request review of the director’s
decision. The request shall be made to the city manager, who shall
place the request before the city council. The city manager may request
additional information of the person denied service. The city council
may grant or deny service, after review of the request, in accordance
with the provisions of this article.
(g) All of
the provisions of this article shall be deemed to be incorporated
in every contract between the city and its customers, and each customer
shall be charged with knowledge of the provisions of this article
and, by applying and accepting water from the city, to have assented
to the provisions hereof.
(Ordinance 2009-10-15 adopted 10/6/09)
(a) Developers
desiring retail water or sewer service from the city shall comply
with the city’s subdivision ordinances to obtain retail water
or sewer service from the city for the development and to extend the
city’s water and sewer system to the development and shall enter
into a development agreement with the city that contains the details,
including costs, of such provision of services. In no event shall
developers be allowed to pay a lower cost for extending water or sewer
facilities or mains than individuals and nondevelopers are required
to pay.
(b) The development
agreement may provide that the developer shall be reimbursed partially
or totally for his or her costs of extending the water or sewer facilities
or mains by intervening customers who connect to the main(s) after
their construction and make such reimbursement payments on a pro rata
basis. Water and sewer main extension reimbursements shall be made
in accordance with the city’s subdivision ordinance.
(c) Developers
desiring retail water or sewer service from the city and whose property
is located outside the city limits shall request annexation into the
city in order to obtain water and sewer service. If, at the time the
request is made the city is unable to annex the property, the developer
and the city may enter into a written development agreement that addresses
whether and under what terms, if any, the city will provide service.
(Ordinance 2009-10-15 adopted 10/6/09)
(a) This section
applies to a request for water or sewer service in the city’s
water service area from individuals or nondevelopers.
(b) Upon the
approval of an application from an individual or nondeveloper, and
upon payment of all applicable fees and charges due under this section
and at the expense of the applicant, the city may extend all necessary
water and sewer facilities and mains to the property plus the distance
across the entire frontage necessary to provide the service upon the
premises for which the application has been made.
(1) The
city will not pay the cost of extending water and sewer facilities
and mains to the property. The applicant shall be responsible for
paying all costs to extend the water and sewer facilities and mains.
The applicant shall pay the estimate of such cost prior to construction.
If the actual cost to extend the water or sewer mains and facilities
is greater than the estimated costs, the applicant shall pay the city
the difference between the actual and estimated costs upon completion
of the extension project. If the estimated cost to extend the water
or sewer mains or facilities is greater than the actual cost, the
city shall reimburse the applicant the difference between the actual
and estimated costs upon completion of the extension project.
(2) The
owners of all intervening property served by such extension shall
be required to pay the pro rata charges at such time as their property
is connected to the city’s water and sewer system.
(3) Upon
approval of the city, the property owner or person requesting extension
of water or sewer facilities or mains to his or her property may extend
the mains or facilities by a competent and reputable contractor. All
plans and construction shall comply with city standards and specifications.
Detailed construction plans for the improvements complying with the
city’s construction standards and specifications for public
works construction shall be drawn by a registered professional engineer
and approved by the director prior to any construction. The construction
shall be inspected and approved prior to final acceptance by the city
and all expenses associated with such inspection and approval shall
be borne by the person requesting service.
(4) The
sizes of the mains proposed to be extended shall be determined by
the city and shall be in conformance with the water and sewer utility
infrastructure master plans. The total costs of extending the mains
to and across the applicant’s property shall be borne solely
by the applicants, with the following exceptions:
(A) Upon approval and acceptance of the system by the city, on any mains
larger than eight inches (8"), the city may elect to participate in
the cost by refunding the owner the difference between the cost of
the oversized main and the eight-inch (8") main.
(B) The city also will pay to the original applicant pro rata charges
as received from applicants who desire to connect to the mains, with
the total payment not to exceed the amount of the original applicant’s
cost of off-site improvements.
(C) The maximum period of time for the pro rata reimbursement to the
original developer for the off-site mains shall not exceed ten (10)
years, unless otherwise provided by the city. The developer shall
have no claim against the city for any expenses not reimbursed and
any pro rata charges not received within ten (10) years, nor any fees
received after ten (10) years, or other term as approved by the city.
(5) Pro
rata charges, if any, shall be collected at the time of application
for water or sewer service.
(A) In no event will the city be required to make extensions or participate
in the cost of improvements under the provisions of this section if
there are no funds available or if, at the discretion of the city,
the extension or improvement may not be practical, or otherwise warranted,
or is for an unreasonable consumer use.
(B) All water and sewer utilities are owned and operated by the city.
Any extensions of the city’s water and sewer facilities made
by a qualified service applicant or developer, after inspection and
acceptance by the city, shall be owned by the city.
(C) Where recorded public utility easements do not exist on the property
of an individual, nondeveloper, or developer who is requesting water
or sewer service from the city, the individual, nondeveloper, or developer
shall grant a permanent recorded public utility easement for poles,
wires, conduits, drainage channels, storm sewers, sanitary sewers,
water lines, gas lines, or other utilities to the city. These easements
shall be at least 20 feet wide; however, if the director determines
a greater width is necessary, the director may require a minimum width
of up to 30 feet. For developers, the easements required by this section
shall comply with the city’s subdivision ordinance. For individuals
and nondevelopers, the easements required by this section shall extend
along all roadway frontages of the property and shall parallel as
closely as possible the street line frontage. Failure to grant the
required easements shall result in the denial of service.
(D) All sewer and water service lines on private property from the city’s
main lines to the premises, including all connections, shall be installed,
maintained, and repaired at the expense of the property owner(s).
All leaks and other defects in the same shall be promptly repaired
by the property owner(s). If required repairs are not completed within
ten (10) days after written notice is mailed or hand delivered to
the premises, water service to the premises shall be terminated and
shall not be restored until the repairs are made and all applicable
fees and expenses paid. Any expenditures incurred by the city because
of said leaks or defects shall be charged against the property owner(s),
and must be paid before water service is restored.
(Ordinance O2019-07-07 adopted 7/16/19)
Any person violating this article, upon conviction, is punishable
by a fine in accordance with the following:
(1) Civil
and Criminal Penalties.
The city shall have the power
to administer and enforce the provisions of this article as may be
required by governing law. Any person violating any provision of this
article is subject to suit for injunctive relief as well as prosecution
for criminal violations.
(2) Criminal
Prosecution.
Any person violating any provision of this
article shall, upon conviction, be fined a sum not exceeding five
hundred dollars ($500.00). Each day that a provision of this article
is violated shall constitute a separate offense. An offense under
this article is a misdemeanor.
(3) Civil
Remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article, and to seek remedies as allowed by
law, including, but not limited to the following:
(A) Injunctive
relief to prevent specific conduct that violates this article or to
require specific conduct that is necessary for compliance with this
article; and
(Ordinance 2009-10-15 adopted 10/6/09)