City of Gonzales, TX UTILITY REGULATIONS

It shall be unlawful for any person to build, construct, dig, maintain of use any dry toilet, surface privy, cesspool or septic tank within 100 feet of any line or main of the city's sanitary sewerage system; provided, however, when connection to the city's sewer system is impossible or impractical at any time, the construction, maintenance and use of a septic tank constructed in conformity to state law and approved by the plumbing inspector may be permitted until such time as connection to the city's sewer system may be made.

If any person shall fail or refuse to remove and abate any privy, privy pit, closet, cesspool or other structure, apparatus or appliance used for the disposal of sewage matter located within 100 feet of any city sewer system line and not connected therewith within 48 hours after receiving written notice from the city code enforcement officer to so remove or abate same, he shall be deemed guilty of a misdemeanor.

(1995 Code of Ordinances, Title V, Chapter 52, Section 52.02)

§ 13.203 Water and Sewer Taps and Repairs.

Plumbers licensed by the state are hereby allowed to make sewer, water taps and repairs. The city engineer or a representative of the street department shall be present during the back fill and repairs to the streets.

(Ordinance 2014-25 adopted 9/2/14)

§ 13.204 Electrical Generation.

Distribution Generation.

This section is intended to provide for the orderly, safe and effective interconnection and parallel operation of distributed generation facilities with the city's electric system by customers of the city's electric utility.

The city is authorized to enact this section by the Public Utility Regulatory Act, Tex. Util. Code Ann. section 31.005 (Vernon 1998, and supp. 2005) (PURA) and successors, which authorizes and encourages electric utilities to establish customer option programs that encourage the reduction of air contaminant emissions including distributed energy generation technology. Also, the Public Utility Regulatory Act, Tex. Util. Code Ann. section 39.101(b)(3) (Vernon 1998 and supp. 2005) (PURA) entitles all state electric customers to access to onsite distributed generation. Finally, the Texas Public Utility Regulatory Act, Tex. Util. Code Ann. section 39.916 (Vernon 1998, and supp. 2005) (PURA) and it successors authorizes electric utilities to establish requirements for and allow the interconnection and parallel operation of distributed renewable generation, and requires the Public Utility Commission of Texas to promulgate rules and regulations for the implementation of interconnection and parallel operation of distributed renewable generation.

Connection Policy and Procedure Manual Adopted.

All distributed generation systems operating in the city shall comply with the city's connection policy and procedure manual and its successors.

Offense and Penalties.

Any person violating this section by interconnecting distributed generation to the city's electric system without a complete application and executed agreement, or operating a distributed generation system that does not meet the specification set forth in this section commits a misdemeanor and upon conviction may be subject to the penalties provided in this code.

(Ordinance 2015-9 adopted 12/1/15)

§ 13.205 (Reserved)

Division 2 Rates and Charges

§ 13.206 Application for Service.

Written application shall be made for electricity, water, sewer, garbage collection or any other utility service that may be furnished by the city to the city upon forms furnished therefor. Such application shall state the name and address of the applicant, the type of utility service desired, the purposes for which the application is made and such other information as the city may request.

(1995 Code of Ordinances, Title V, Chapter 52, Section 52.15)

§ 13.207 Meters.

Required.

Meters shall be required to measure the consumption of each utility service furnished by the city, except garbage collection and sewerage service.

Installation, Maintenance.

All meters required by this article and used to measure the consumption of utility services furnished by the city shall be installed and maintained by the city.

Ownership.

All meters used for the measurement of the consumption of any utility service furnished by the city shall be the property of the city. It shall be unlawful for any person to install or maintain any meter for such purposes anywhere within the city which is not owned by the city.

(d)

Tampering With.

For purposes of enforcement under this section, tampering shall include any unlawful diversion of service, unauthorized use or consumption, or evidence of attempted unauthorized use of the city's utility by any person, other than a duly authorized employee of the city. Tampering further includes any manipulation of any meter in any manner that results in damage to the meter, or to manipulate or attempt to manipulate any meter in any manner so as to affect its registration or measurement of the metered utility service. Any violation shall result in the immediate discontinuation of utility service by the city without notice by the city. The following will be billed for meter tampering:

A minimum charge for meter tampering as stated in the master rate and fee schedule or actual damages, whichever is greater;

The cost of estimated or actual amount of utility service used without city authorization;

(3)

An additional meter review fee as stated in the master rate and fee schedule for each trip made by city personnel to investigate, evaluate and correct the meter tampering or diversion; and

(4)

All costs and fees regarding this account must be paid prior to reconnection.

(1995 Code of Ordinances, Title V, Chapter 52, Section 52.16; Ordinance 2022-24 adopted 12/8/2022)

§ 13.208 Utility Deposit Policy.

Initial Account Deposit.

Deposit for residential customers will be due upon application for utility service and such fee is stated in the master rate and fee schedule. Deposit is to be paid at city hall and a receipt issued to account holder. If customer is low-income qualified, deposit may be made in two monthly payments, with $100.00 due at time of application of utility service and the remaining amount to be billed on the first utility bill. Verification of income will be required to qualify for low-income status. Nonpayment of billed deposit will result in suspension of service to residence until payment is made. A reconnection fee will be imposed and paid prior to resumption of services. The reconnection fees are listed in the fee schedule. Customers who have had a previous account with the city and left a balance will be required to pay that balance prior to a new account being opened.

Deposits for commercial/industrial accounts will be estimated on an individual basis. Commercial/industrial account deposits will be based on six months of average utility bills for a similar type of business. Minimum deposit will be as stated in the master rate and fee schedule.

Refund of Deposit.

When a utility customer has maintained a payment history void of any delinquent notices, shut-offs or nonsufficient fund payments for a period of one year, the deposit on file for that account will be applied as a credit to the customer's account on the thirteenth month. If customer does not meet criteria listed, their account will be re-evaluated every six months for refund of deposit.

Deposits paid by an assistance agency will not be refunded to customer. Deposit will be applied to customer final billing with any remaining being sent back to originating service agency. Any remainder of bill, thereafter, will be the responsibility of the customer to pay.

Termination of Service.

Upon termination of service, the city shall record final read as of termination date and send final bill during normal billing cycle. Deposits will be applied to customer's final bill if bill is not paid by due date. Any deposit will be refunded to the customer, if said deposit was not paid by an assistance agency. Any deposit or credit balance on a utility account that remains unclaimed by the customer for one year from termination of service will be presumed abandoned and shall be forwarded to unclaimed funds with the state.

(d)

Customer Change of Service Address Within Service Area.

If a customer relocates to a new service address, deposits for pre-existing service will be applied to final bill. Any remaining balance will be due by due date. If the customer has a payment history void of any delinquent notices, shut-offs or nonsufficient fund payments for a period of one year, no additional deposit will be required. If the customer does not have said payment history, they will be required to place additional deposit in the amount of the average of the past two months' bills at their previous address or $200.00 whichever is less.

The city reserves the right to deny services at a new address if customer carries a past due balance on their current account until account arrearage has been paid.

(e)

Noncompliance.

Failure to comply with city's deposit policy will result in refusal of utility services or disconnection of utility services.

The city reserves the right to grant extensions on past due accounts; and, reserves the right to issue credits to accounts that can provide proof of nonstandard utility usage.

(Ordinance 2012-22 adopted 5/22/12; Ordinance 2021-24 adopted 9/9/21)

§ 13.209 Rates and Charges.

The rates and charges for any utility service furnished by the city shall be as determined by the city from time to time and are stated in the master rate and fee schedule.

(Ordinance 2021-24 adopted 9/9/21)

§ 13.210 Payment of Rates and Charges.

The rates and charges fixed and prescribed for utility services furnished by the city by this article shall be due and payable in the office of the utility department of the city on or before the tenth day of the month following the date bills therefor shall be mailed. In the event that such rates and charges are not paid in full by such due date, a penalty of 10% of the amount due and payable shall be added to such rates and charges.

(1995 Code of Ordinances, Title V, Chapter 52, Section 52.19)

§ 13.211 Disconnection of Service for Nonpayment.

It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city hereby adopts the following guidelines:

All bills are due and payable on or before the date set forth on the bill;

If any bill is not paid by or before that date, a second bill will be mailed on the day following the initial due date, containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and

(3)

Any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.

Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified.

When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid and any deposit required has been made.

(d)

The city council hereby waives utility late fees for customers over the age of 60. Customers will have to provide proof of their age to have late fees waived. Accounts that are paid after thirty (30) days will be considered negligent and the late fees will be reinstated.