The rates and charges for gas, electricity, sanitary sewer and water furnished and distributed to and used by the consumers served by the city shall be as provided by ordinance on file in the office of the city secretary.
(Ordinance adopted 4/3/79, sec. 1)
Editor’s note(s)–An ordinance of Apr. 3, 1979, repealed secs. 26-2, 26-3, containing sanitary sewer rates inside and outside the city, derived from an Ordinance of Sept. 2, 1975, sec. 1. Rate schedules are available in the office of the city secretary, as noted in sec. 26-1.
(a) 
Prohibited.
(1) 
It shall be unlawful for any person, other than an authorized officer or employee of the City of Brenham, to knowingly or intentionally:
a. 
Remove or cause to be removed any electrical meter owned by said city from any electrical meter terminal box,
b. 
Remove or cause to be removed the cover or any other part or portion from any such meter or terminal box, or loosen or cause to be loosened any part or portion thereof,
c. 
Insert or cause to be inserted any foreign object or inject or cause to be injected any foreign substance into any such meter or terminal box,
d. 
Make or cause to be made any adjustment in the mechanism of any such meter,
e. 
Tap onto or connect or cause to be tapped onto or connected any wire to the supply conductor of any such terminal box,
f. 
Deny access at any time to any meter by enclosing the meter within a fence without available means of passage, or by enclosing the meter within any structure, or by harboring vicious or threatening animals in the vicinity of the meter.
In the prosecution of any offense charged under subsection (a)(1)a and (4)b hereof, it shall be a complete defense to such offense if the person charged shows to the court by legal and competent evidence that:
(i) 
Such meter was removed for the purpose of protecting life or preserving property being immediately threatened by a fire on the premises served by such meter,
(ii) 
Such meter was removed for the purpose of preventing a fire to the structure served by it due to a short circuit in the electrical conductor between the terminal box in which such meter was housed and a main line switch or fuse box, or
(iii) 
Such meter was removed by a duly licensed electrician to facilitate the repair of a defective electrical conductor or for checking supply voltage, and at a time when an employee of said city within said department of electric utilities was not available to remove such meter.
In the event of the removal of any electrical meter by a duly licensed electrician under the circumstances last hereinabove enumerated, the fact of such removal and the circumstances permitting the same must be reported to the superintendent of the department of electric utilities by such electrician not later than one hour after the commencement of the work day of such municipal employee next following such removal.
(2) 
Unless written permission be first obtained from the superintendent of the water distribution department of said city, it shall be unlawful for any person, other than an authorized officer or employee of said city, to knowingly or intentionally:
a. 
Tap onto or connect or cause to be tapped onto or connected any pipe with any water distribution main or line owned by said city,
b. 
Disconnect or cause to be disconnected any such water meter from any such water distribution main or line owned by said city, or
c. 
Remove or cause to be removed the cover from any such water meter.
(3) 
In the event any such electrical meter be found to have been removed, or the cover or any part or portion of any such meter or terminal box be found to have been removed, or any part or portion thereof be found to have been loosened, or any foreign object be found to have been inserted, or any foreign substance be found to have been injected into any such meter or terminal box, or any adjustment be found to have been made in the mechanism of any such meter or any wire be found to have been tapped onto or connected to the supply conductor of any such terminal box, or if any meter be found to be inaccessible due to enclosure within a fence without available means of passage, enclosure within a structure or the presence of vicious or threatening animals, or if any pipe be found to have been tapped onto or connected with any such water, gas or sewer distribution main or line, or if any such water or gas meter be found to have been disconnected from any such water or gas distribution main or line, or if the cover of any such water or gas meter be found to have been removed, or the finding at any time of any fact, circumstance or condition on or about any such electrical meter, terminal box, conductor, water meter, gas meter or water, gas and sewer distribution main or line tending to show or evidencing that any such act or acts have been committed or performed in violation of any portion or provision of this section, the same shall be and constitute prima facie evidence and rebuttable evidentiary presumption of knowledge on the part of the person having subscribed for electric or water service through any such electric, gas or water meter, or the person having the custody, control or management of the building, room, or place for which such subscription is made, of the performance or commission of any such act or acts prohibited under the terms and provisions of subsections (1) and (2) hereof, that such subscriber or other person performed or committed such act or acts or caused or occasioned the performance or commission of the same, and shall bring such subscriber or other person prima facie with the scope, meaning and penalties hereof.
(4) 
Unless written permission be first obtained from the superintendent of the gas distribution department of said city, it shall be unlawful for any person, other than an authorized officer or employee of said city, to knowingly or intentionally:
a. 
Tap onto or connect or cause to be tapped onto or connected any pipe with any gas distribution main or line owned by said city,
b. 
Disconnect or cause to be disconnected any such gas meter from any such gas distribution main or line owned by said city, or
c. 
Remove, tamper or cause to be removed any part or device from any gas meter, main or line.
(5) 
Unless written permission be first obtained from the superintendent of the sewer maintenance department of said city, it shall be unlawful for any person, other than an authorized officer or employee of said city, to knowingly or intentionally:
a. 
Tap onto or connect or cause to be tapped onto or connected any pipe with any sewer collection (gravity flow or forced) main or line owned by said city;
b. 
Remove or tamper with any part or device of said city sewer system.
(b) 
“Person” defined.
As used herein, the word “person” shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.
(c) 
Penalty.
Any individual, association or corporation violating any portion or provision of this section shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by the assessment of a fine not exceeding two hundred dollars ($200.00), and each and every day that any such portion or provision of this section be so violated shall constitute a separate and distinct offense.
Editor’s note(s)–An Ordinance adopted Sept. 4, 1979 did not specifically amend the Code, hence codification of secs. 1–3 as sec. 26-4 was at the editor’s discretion.
(Ordinance adopted 9/4/79, secs. 1–3)
(a) 
Any residential or commercial customers discharging waste into a public sanitary sewer who procure any part or all of their water supply from sources other than the city water department, all or part of which is discharged into a public sanitary sewer, shall install and maintain at their expense water meters of the type approved by the City of Brenham for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the city officials. Where it can be shown to the satisfaction of the officials of the city that a substantial portion of the water as measured by the aforesaid meter, or meters, does not enter the sewage system of the city, then the approving authority may require or permit the installation of additional meters at the owner’s expense in such manner as to measure the quantity of water actually entering the sewage system from the lot, parcel of land, residence, building or premises of such owner or occupant, and the quantity of water used to determine the sewer service charge may be the quantity of water actually entering the sewage system as so determined, if the city officials so elect.
If the City of Brenham finds that it is not practicable to measure the quantity of waste by the aforesaid meters or monitoring devices, then the city shall determine the quantity of the waste in any manner or method it may fine practicable in order to arrive at the flow rate of waste entering the sewage system.
(b) 
Any residential or commercial customers who fail to comply with the metering requirements of paragraph (a) shall be served with written notice requiring completion with the metering requirements and providing a reasonable time limit for compliance. Any customer who continues to refuse to comply with paragraph (a) shall be disconnected from the public sanitary sewer and/or water service. Such disconnection and reconnection shall be at the total expense of the sewer and/or water user.
Editor’s note(s)–Section 1 of an ordinance enacted July 19, 1983, amended Ch. 26, Art. I, by adding a new sec. 26-4. Inasmuch as Art. I of Ch. 26 already contains a sec. 26-4, the editor has redesignated the provisions of said ordinance as sec. 26-5.
(Ordinance adopted 7/19/83, sec. 1)
(a) 
The city council does hereby adopt the following procedures and rates regarding inaccessible meters for electric, gas and water service within the city and designates the foregoing as special conditions of service per utility rate schedule of the city.
(b) 
Customers who have inaccessible meters will be billed five dollars ($5.00) monthly for each meter. “Accessibility” means that fence gates must not be locked (meters readers will not jump fences nor ring doorbells to gain access). The customer will be responsible for furnishing the readings to the computer department on the specified dates determined by the customer’s cycle. In the event the reading is not furnished, an estimate of two (2) times the prior month’s usage will be made. A credit will be given the next month if this proved to be an overestimate.
(Ordinance adopted 3/29/90, sec. 1)
(a) 
The City of Brenham shall not provide water or sewer service to property owners outside of the city limits except upon an council-approved annexation plan for the property receiving service, which includes the following from the proposed customer:
(1) 
A signed annexation petition;
(2) 
City-approved development plan for the property;
(3) 
City-approved building permit, if applicable;
(4) 
City-approved plat, if applicable; and
(5) 
Removal of all billboards on the property.
(b) 
All utility line extension costs shall be paid by the property owner with the option of the City of Brenham to increase the size of the lines with the City of Brenham paying the additional cost to increase the capacity of the lines.
(c) 
The property owner shall provide all necessary easements.
(d) 
The property owner shall pay for any development cost as may be adopted by the City of Brenham as of the date of the filing of all required documents by property owner.
(e) 
The extension of water and/or sewer service shall be at the discretion of the city council.
(Ordinance adopted 5/4/00, secs. 1–5)