(a)
Any person desiring utility services furnished by the city to property
which is outside the limits of the city shall, prior to the furnishing
of utility service by the city, including water and sewer, file a
petition for annexation which shall be in the form prescribed by Texas
Local Government Code, and execute a written agreement providing minimum
requirements as follows:
(1)
The furnishing of utility services shall not be construed to compel
the city to furnish consumers beyond the corporate limits or to continue
such supply once begun.
(2)
The city reserves the right to furnish such customers it deems advisable,
and to, at any time, wholly or partially discontinue the utility service.
(3)
Any utility main constructed outside of the corporate limits shall
be entirely at the owner’s expense and it, as and when incorporated
within the city, shall become the property of the city without reimbursement
to the owner, and the city assumes no responsibility or liability
for satisfactory service, maintenance, pressure or wastage until it
acquires sole ownership as a part of its utility system.
(4)
In the event of a relocation or the construction of a permanent line
or main, the property owner shall pay the pro rata cost on his or
her property at the then-applicable rates, and connect his or her
service to said permanent line or main.
(b)
The city manager may, if in his or her judgment it is deemed advisable,
render water services to premises situated outside of the corporate
limits of the city upon complying with this section and, in addition,
subject to the following conditions and rules:
(1)
Application; pipes; meters.
Any person desiring to use
the water shall, when an extension of a main is necessary to render
such service, make application to the department of public works requesting
service, and shall state in such application the exact location of
the premises to be served and the purpose for which the water is to
be used. Such application shall also contain an agreement signed by
the owner of the property to be served which will render the owner
liable for all water rates or charges accruing under such service.
In the event such application is granted, such person so applying
shall, at his or her own cost and expense, lay the kind and character
of water pipe prescribed by the city, the minimum size of which shall
be six inches (6"), before connection with the city water main; furthermore,
any such person shall, at his or her own cost and expense, purchase
a meter together with a meter box and necessary fittings, all of which
shall be of the kind and character prescribed by the water department,
for the purpose of measuring water so petitioned for by the person,
and such water pipe and meter shall be kept at all times in a good
condition of repair at the cost of such person using the water and
such water connections so made, and all pipes laid by such person
shall be in accordance with the regulations governing connections
and the laying of water pipes within the city.
(2)
Written permission to connect.
When such extension of
water mains or service pipes has been installed outside of the corporate
limits and application for additional service is made to connect with
such extension or service pipe, such applicant shall present with
his or her application written permission to connect with such extension
of the main or service, signed by the original applicant who paid
the original cost thereof or by his or her assigns.
(3)
City not liable for maintenance of pipe; discontinuance of service.
The city shall not be liable for the maintenance of any water
main or service pipe lying outside of the corporate limits of the
city, and the right is reserved to discontinue water service through
any such main or service line which causes a waste or leakage of water.
(4)
City not liable for defective condition of pipe or ditches.
The city shall in no case be liable on account of any defective
condition in any water pipe, or in any trench or ditch dug for the
purpose of laying water pipe by any person desiring to make connection
with any of the city’s mains, and it shall always be expressly
understood that the person using said water shall, at all times, keep
the pipes and other connections in good condition or repair, and shall
be liable for all damages occasioned to any person or property by
reason of any defective condition arising through the want of repair,
or otherwise, to the water pipe or the ditches in which the same are
laid.
(5)
Revocation of permission.
It is further understood that
in no event will the city, under the terms of this section, be obligated
to continue to furnish water to any person outside of the corporate
limits, but may revoke the permission at any time without notice.
(6)
Regulations.
All such service outside the corporate
limits shall, in all respects not otherwise provided herein, be subject
to the same regulations for service and the manner of paying the compensation,
as provided for service inside of the corporate limits.
(7)
Placing of meters.
All meters serving premises outside
of the corporate limits shall be set inside (or as near as practicable)
the corporate limits, and the city shall not be responsible for the
condition of any mains, pipes or services outside of the corporate
limits or beyond the meter serving such premises. If approval is granted
to locate the meter beyond the corporate limits, an in-line valve
shall be installed at the corporate limits in its place.
(1990 Code, sec. 8.100; Ordinance
adopting Code)
Where utilities are furnished to any premises through a meter,
it shall be unlawful for any person engaged in any work of public
improvement, or work of any character, or for any other reason, to
take utility service without first having secured the consent of,
and made arrangements with, the person to whom the utility is being
furnished on such premises by the city, and in each instance that
utilities are so used, the person using the same shall immediately
give written notice thereof to the utility office stating therein
the premises from which utilities were secured and the approximate
amount used. It shall be unlawful for any person to use utilities
from any service connection until application for such service shall
have been filed as hereinabove provided.
(1990 Code, sec. 8.1300)
All rates and charges for service to a consumer’s premises
shall accrue and be charged against the consumer until such time as
written notice, given by the consumer or by his or her duly authorized
agent, to discontinue all service to the consumer’s premises
is filed with the utility office; except that where service is supplied
through more than one (1) meter to the consumer at the same premises,
the consumer may, upon written notice to the utility office, permanently
discontinue the service through one (1) of the meters and thereafter
be billed on the basis of the remaining services and meters. Upon
receipt of written notice of such permanent discontinuance, the department
will remove the meter and service. Any service so discontinued will
be restored only at the total expense of the consumer.
(Ordinance 05-088, sec. 1 (8.1400),
adopted 7/26/05)
The city, acting by and through the utility office, shall be
authorized to disconnect either the water or sanitary sewer service,
or both, to the premises of any person found violating any of the
terms and provisions of this code with reference to the installation
or use of said water or sanitary sewer service, or both.
(1990 Code, sec. 8.1600)
