There is created within the city a utility department which
shall operate the electrical utility system, waterworks system, sewerage
system and the other public utility systems owned and operated by
the city. The utility department shall be composed of such personnel
and shall have and perform such powers and, duties as may be provided
by the city's charter and granted by the city council from time to
time.
(1995 Code of Ordinances, Title V, Chapter 52, Section
52.01)
(a) 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.
(b) 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)
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)
(a) Distribution
Generation.
(1) 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.
(2) 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.
(b) 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.
(c) 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)
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)
(a) Required.
Meters shall be required to measure the consumption of each
utility service furnished by the city, except garbage collection and
sewerage service.
(b) 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.
(c) 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:
(1) A minimum
charge for meter tampering as stated in the master rate and fee schedule
or actual damages, whichever is greater;
(2) 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)
(a) Initial
Account Deposit.
(1) 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.
(2) 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.
(b) Refund
of Deposit.
(1) 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.
(2) 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.
(c) 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.
(1) 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.
(2) 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.
(1) Failure
to comply with city's deposit policy will result in refusal of utility
services or disconnection of utility services.
(2) 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)
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)
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)
(a) 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:
(1) All
bills are due and payable on or before the date set forth on the bill;
(2) 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.
(b) 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.
(c) 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)
(1) 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.
(2) This
subsection will only apply to the utility account in which the "over
60" customer is the primary account holder. This subsection will not
apply to any rental properties owned by the "over 60" customer, only
the primary residence will apply.
(Ordinance 2018-2 adopted 1/9/18)
Any consumer of the utility services furnished by the city whose
utility services have been disconnected or terminated for the nonpayment
of the rates and charges therefor may have such utility services resumed
by paying all rates, charges, deposits and penalties due by the customer
to the city plus a reconnection fee set by the city in the master
rate and fee schedule. The amount due shall not include any amounts
for which a bill has not yet been received by the customer.
(Ordinance 2021-24 adopted 9/9/21)
The city council shall fix and approve the rates charged by
any private public utility company franchised by the city and doing
business within the city. It shall be unlawful for any such public
utility company or any officer or employee thereof to assess or charge
for services rendered any rate other than the rate so fixed or approved.
(1995 Code of Ordinances, Title V, Chapter 52, Section
52.22)