Charges for the following services shall be applied to water, wastewater and trash accounts when the service is provided. Fees will be based on the cost of providing the service and will be reviewed on a periodic basis. Any changes or amendments of fees will be made by resolution of the city council. Copies of resolution setting, changing or amending fees will be available in the office of the director of billing and collection and the office of the city secretary.
(1) 
Water tap fee;
(2) 
Wastewater tapping fee;
(3) 
Set meter fee;
(4) 
Service initiation fee;
(5) 
Service vacation fee;
(6) 
Transfer of service fee;
(7) 
After hours service fee;
(8) 
Disconnect for non-payment fee;
(9) 
Meter removal fee;
(10) 
Field collection fee;
(11) 
Tampering with utility property fee;
(12) 
Delinquent account fee;
(13) 
Meter test fee;
(14) 
Plug wastewater tap fee;
(15) 
Pavement cut or boring fee;
(16) 
Manhole installation fee;
(17) 
Meter relocation fee;
(18) 
Backflow prevention assembly fee;
(19) 
Returned check or electronic transmission fee;
(20) 
Property damage fee;
(21) 
Outside city utility service application fee.
(Ordinance 99-62, sec. 1, adopted 11/23/99; Ordinance 2002-50, sec. 1, adopted 11/26/02; Ordinance 2003-35, sec. 1, adopted 8/26/03; Ordinance 2003-35A, sec. 1, adopted 8/26/03; 1957 Code, sec. 21-17; Ordinance 2008-37, sec. 30, adopted 9/9/08)
Along with an application for water, wastewater or trash service to the city, the applicant shall pay to the city a deposit as herein provided:
(1) 
Deposit for single-family residential service.
For an account in which the owner is the applicant for service, the deposit shall be thirty dollars ($30.00). For an account in which the renter is the applicant for service, the deposit shall be one hundred twenty-five dollars ($125.00), unless the renter can demonstrate “good utility credit,” in which case the deposit shall be reduced to sixty dollars ($60.00). “Good utility credit” is demonstrated by presentation of a letter or other documentation from a municipal, gas or electric utility indicating that the renter has had utility service for the preceding twelve months and has not missed a payment due date during that period. If there is a disagreement as to whether the renter has demonstrated “good utility credit,” the decision of the director of billing and collection shall control. In the event a customer’s service is discontinued by the city for failure to pay for any service, the customer shall be required to pay a deposit equivalent to one-sixth (1/6) of the estimated annual billing prior to restoration of service.
(2) 
Deposit for multifamily residential, commercial, and industrial service.
The sum equivalent to one-sixth (1/6) of the estimated annual billing shall be paid with the initial application.
(3) 
Fire hydrant meter deposit.
After receiving written approval from the utilities department, an applicant for a fire hydrant meter shall pay to the city a deposit in the sum of five hundred dollars ($500.00). Minimum monthly usage charges will apply to fire hydrant meters. Any fire hydrant meter reflecting two thousand (2,000) gallons or less usage for two (2) months or more will be subject to return at the request of the city.
(4) 
Blanket deposit.
In the case of real estate firms which can have multiple residential accounts, the supervisor of customer services may accept a blanket deposit for those accounts that shall be no less than $200.00, the deposit being applicable to each and all of these properties. The refund of this deposit will occur only upon a request in writing by the responsible party.
(5) 
Temporary service.
A utility customer, with an account in current paid status, may request service for thirty days (30) at another location without a deposit.
(6) 
Letter of credit.
In the event a deposit equals or exceeds one thousand dollars ($1,000.00), the customer shall have the option of paying cash, assigning a certificate of deposit, or furnishing a letter of credit which meets the following criteria:
(A) 
It is in the form and amount specified by the city.
(B) 
It is issued by a full service bank insured by the FDIC.
(C) 
It can be drawn upon at any time the billing becomes delinquent by the city.
(D) 
It is renewed annually thirty (30) days prior to expiration. Failure to renew will result in automatic drawdown and conversion to cash deposit by the city.
(7) 
Effect of bankruptcy.
If any person makes a deposit and becomes insolvent or bankrupt, or makes an assignment for the benefit of creditors, the city shall transfer such person’s deposit to a new account in that person’s name.
(8) 
Additional deposit.
The deposit of the customer may be applied by the city to the payment of any water, wastewater or trash service bill of the customer that is unpaid and delinquent. When so used, the customer shall make a new deposit sufficient to comply with the required deposit for continued service. If such additional deposit is not made, the city may disconnect service under the standard disconnection procedure.
(9) 
Records of deposits.
The following shall apply regarding records of deposits:
(A) 
The utility shall keep records to show:
(i) 
The name and address of each depositor;
(ii) 
The amount and date of the deposit; and
(iii) 
Each transaction concerning the deposit.
(B) 
The utility shall issue a receipt of deposit to each applicant from whom a deposit is received, and shall provide means whereby a depositor may establish claim if the receipt is lost.
(C) 
A record of each unclaimed deposit must be maintained for at least ten (10) years. If such deposit is not claimed within three (3) years, it shall be considered abandoned to the city or state as governed under Chapters 74 and 76 of the Texas Property Code.
(10) 
Refund of deposit on discontinuance of service.
If service is not connected, or after disconnection of service, the city shall refund the customer’s deposit or the balance, if any, in excess of the unpaid bills for service furnished.
(11) 
Refund of deposit after three years.
A residential utility deposit shall be refunded to any customer under the following conditions:
(A) 
The account has been active, in the name of the same customer, for a period of three (3) years;
(B) 
There have been no cutoffs of such account for such three-year period; and
(C) 
There have not been any late payments or delinquent notices on the customer’s record for such three-year period.
(12) 
Application and contract required.
Before water and wastewater service shall be supplied to any contract person or premises by the department of utilities, the owner or occupant of the property shall make written application to the billing and collection department for such service upon an application form provided by the department and approve and sign a utility service contract.
(13) 
Contents of application and contract.
The application shall contain such information regarding the applicant and the service(s) to be provided as established by the city’s legal department. When completed and approved, the application and contract shall constitute a contract on the part of the applicant to pay the city for all charges for those services provided by the entity to that person or premises, and to abide by all regulations relating to those services as those regulations exist and may be amended.
(14) 
Identification required for application.
In making application for water and wastewater service, each applicant shall provide such information and documentation as may be required, including, but not limited to, documentation which establishes the identity of the applicant and/or establishes the authority of the applicant to make the application on behalf of the applicant or a third party.
(15) 
False statements in application.
Any person making a false statement in the application shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine up to the maximum amount allowed by state law.
(16) 
Additional information for application.
For purposes of identifying the responsible party of unpaid balances and charges incurred at the location but not billed, the director of billing and collection may require additional information, including but not limited to a rental or lease agreement, when applying for utility service.
(Ordinance 99-62, sec. 1, adopted 11/23/99; Ordinance 2003-35, sec. 1, adopted 8/26/03; Ordinance 2003-35A, sec. 1, adopted 8/26/03; Ordinance 2004-31, secs. 2, 3, adopted 8/24/04; Ordinance 2004-23, sec. 1, adopted 6/22/04; Ordinance 2005-01, sec. 1, adopted 1/11/05; Ordinance 2006-12, sec. 2, adopted 3/14/06; 1957 Code, sec. 21-18; Ordinance 2008-37, sec. 31, adopted 9/9/08; Ordinance 2010-23, secs. 11, 18, adopted 8/10/10)
The following terms, conditions and rules shall be followed in the billing and collection of water, wastewater and trash charges:
(1) 
Users will be billed on a monthly basis with payment on current charges due twenty-five (25) days after the date of mailing the statement.
(2) 
Users on metered water service will be billed for wastewater service on the same notice as water charges, and wastewater charges will be designated as a separate entry.
(3) 
Users of the wastewater system not on metered water service will be billed monthly on an individual notice for wastewater service at the rate established by the city.
(4) 
Any person who shall fail to pay charges within twenty-five (25) days after the same become due shall be subject to having his water and/or wastewater service disconnected from the city system. If disconnected, no connection shall thereafter be made with the city system until such party shall have paid all amounts due and all costs of disconnecting and reconnecting with such system.
(5) 
The director of billing and collection shall have the authority and power to order any or all water and wastewater service disconnected for nonpayment of fees fixed by this chapter.
(6) 
Any balance remaining unpaid after twenty-five (25) days shall be considered past due. Any past-due balance will be subject to a delinquent account fee as defined in section 13-1-1.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-19; Ordinance 2010-23, sec. 18, adopted 8/10/10)
Failure of any patron to receive a bill for water, wastewater or trash used shall be no excuse for nonpayment.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-20)
The user charge system will be reviewed annually to determine if sufficient revenue is being collected to cover the current and replacement costs of the operating, maintenance, administrative and monitoring programs of the facilities. User charges will be adjusted in accordance with this review, and all federal requirements that are in effect will be followed.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-21)
(a) 
A customer who purchases water, wastewater and/or trash service from the city may, by designating so on the utility contract, request that the city keep personal information concerning the customer’s account confidential. Personal information means an individual’s name, address, telephone number or social security number. If the request is filed, the city may only disclose such information in accordance with the law.
(b) 
The confidentiality request may be revoked by the customer at any time by filing a request in writing with the director of billing and collection.
(c) 
Despite the confidentiality request, the city is allowed to release information concerning the customer’s account to:
(1) 
An official or employee of the state or a political subdivision of the state or the federal government acting in an official capacity;
(2) 
An employee of a utility acting in connection with the employee’s duties;
(3) 
A consumer reporting agency;
(4) 
A contractor or subcontractor approved by and providing services to the utility or to the state, a political subdivision of the state, the federal government or an agency of the state or federal government;
(5) 
A person for whom the customer has contractually waived confidentiality for personal information;
(6) 
Another entity that provides water, wastewater, wastewater, gas, trash, electricity or drainage service for compensation; or
(7) 
A person otherwise authorized by law to have such information.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-22; Ordinance 2010-23, sec. 12, adopted 8/10/10)
(a) 
Nonemergency termination.
Whenever the city is authorized to terminate a customer’s water services without that customer's consent and under the provisions of this subsection or whenever the city otherwise terminates water services to a customer in a nonemergency situation other than by the customer's request, the city shall first provide notice to the customer in the form and manner described below and afford the customer an opportunity to a hearing in the form and manner described below before the termination of such services. If, after the city has complied with the notice requirements as described below, and the customer does not request a hearing for review of the termination within the specified time, the city may terminate water services to the customer on the day specified in the notice to the customer or within fifteen calendar days thereafter. Any time elapsing after the declared termination date, the elapsing of which is due to the pendency of a hearing or the extension of time granted pursuant to a hearing, shall not be considered when calculating the fifteen days in which the city may terminate water service after a declared termination date.
(1) 
Notice.
Past due notice shall be sent within ten days after the due date informing the customer of the outstanding balance and late fee. This notice can be transmitted by text, email, or mail. Within ten days after the due date, the city shall send out a termination notice informing the customer that the customer has a maximum of five days before the customer's water will be shut off. The notice may be sent by the methods set out above or by door hanger. Said notice shall include:
(A) 
The name of the customer whose service is proposed to be terminated.
(B) 
The address where service is proposed to be terminated.
(C) 
The reason for the proposed termination, including the amount of delinquency if nonpayment of charges is the reason for termination.
(D) 
The date on which the water service will be terminated unless the conditions bringing about the termination are sooner remedied.
(E) 
That the customer has the right to appeal and be heard at a hearing to contest the proposed termination prior to the date of termination.
(F) 
The means by which the customer may request the hearing for review of the proposed termination.
(G) 
The deadline by which the customer must request the hearing, which must be requested no later than four days prior to the termination date.
(2) 
Deadline.
After the deadline for requesting a hearing has passed, a customer may still request a hearing to review the decision to terminate the customer's water service within ten days of the deadline upon providing to the city manager or the city manager's designee an affidavit declaring that the customer, through no fault of the customer, did not receive notice of termination in time to act upon the same. When a hearing pursuant to this subsection is requested, the city manager or the city manager's designee shall, as soon as practicable, determine whether the appeal appears to be meritorious, and if the city manager or the city manager's designee finds it is meritorious, then the city manager or the city manager's designee shall order the continuation or restoration of services pending the appeal.
(3) 
Tenant.
If the customer whose water service is proposed for termination is a landlord who supplies water services to tenant water users, the city shall attempt to give notice to the tenant water users pursuant to subsection (C) of this section [sic].
(4) 
Hearing.
Should the customer request a hearing to review the decision to terminate the customer's water services, the hearing shall be presided over by the city manager or the city manager's designee. The designee shall not have been involved in the original decision to terminate services. Hereafter in this context be known as the hearing officer. The hearing shall be held no sooner than the next business day nor later than fifteen business days after being requested by the customer. The hearing officer may, in the hearing officer's discretion, delay or advance the hearing time upon showing of good cause by the customer. At the hearing, the customer shall be given the opportunity to be heard in person to present the customer's case, to present testimony from other persons, and to admit documents. The customer may be represented by counsel, though the city shall in no case provide counsel. The customer may request that a representative of the city be present at the hearing and be subject to questioning. However, the rules of evidence for civil or criminal trials shall not apply. The city's reasons for terminating the customer's water service shall be stated at the hearing. Upon reaching a final determination, the hearing officer shall state the reasons for making that determination. Should the hearing officer find in favor of the customer, the customer's water service shall continue. Should the hearing officer find against the customer, the customer's water service shall be terminated. The hearing officer shall have the power to grant an extension of time for payment, reduce the amount of payment, offer a payment plan, or uphold the termination.
(b) 
Notice to landlord.
If a customer to whom water service is proposed to be terminated or has been terminated, pursuant to the foregoing provisions of this section, is a landlord who supplies water to tenant users, and the city is aware or should be aware that the customer supplies water to tenant users, then the city shall provide notice to the landlord of the proposed termination or past termination. The notice to the landlord need not state the name of that tenant user nor the name of the water customer but must communicate sufficient information to inform the landlord that the landlord’s premises are covered by the proposed or actual termination. The landlord shall have the same rights to appeal that the customer of the water services has under the foregoing provisions of this section and shall be so informed by the notice. Notices to landlord may be sent by United States mail addressed to the appropriate street address of the dwelling or commercial unit, or posted on the door of the commercial unit, or hand delivered to the landlord’s office. If the appropriate physical facilities are in place and the landlord otherwise meets the requirements of this chapter, the landlord may establish water service in the landlord’s own name without being held responsible for any delinquencies owed by the tenant.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-30; Ordinance 2010-23, sec. 18, adopted 8/10/10; Ordinance 2025-44 adopted 10/14/2025)
The penalty stated in section 13-2-1 is not an exclusive penalty, but is in addition to all other penalties which may be invoked pursuant to all other laws relating to nonpayment of the charges for utility service.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-30.1)
(a) 
Procedure.
After the city has terminated a customer’s water, wastewater or trash service pursuant to the requirements of section 13-1-7, the director of billing and collection shall file a lien on the property which the terminated service served in the amount that the customer whose service was terminated owed to the city for utility service at the time of the termination. If the customer owes less than twenty-five dollars ($25.00) at the time of termination, no lien shall be filed. If the customer is not delinquent in payment at the time of the termination, no lien shall be filed until the customer becomes delinquent. The lien shall be filed with the county clerk. The city shall then have a privileged lien on as many lots or pieces of property as the terminated water services previously served and as described on the lien instrument by metes and bounds or by city block and lot description and utility account number. The lien shall secure the charges made by the city for utility services and costs of collection on that property pursuant to the authority granted in Vernon’s Texas Codes Annotated, Local Government Code, section 402.0025, and Texas Constitution article XI, section 5, Vernon’s Texas Constitution Annotated. The lien shall bear ten (10) percent per annum interest compounded annually. No lien shall be filed on any property that the city knows to be a homestead as defined by the state constitution. It is further provided that, for any charges for which the lien authorized by this section is designed to secure, suit may be instituted and recovery and the foreclosure of that lien may be had in the name of the city. The city attorney is authorized to file such suits. When payment is received by the city discharging all obligations secured by the lien, the director of billing and collection shall be authorized to prepare and to sign a release to be filed by the customer with the county releasing such lien.
(b) 
Notice and hearing.
After the filing of a lien pursuant to this section, the director of billing and collection shall, within thirty (30) days of the filing of that lien, give the owner of the property and the account holder notice that such a lien or liens have been filed on that property and inform the owner and account holder of their rights of appeal. Within ten (10) days of the postmark of the notice sent to the property owner or account holder, the property owner or account holder may appeal the decision to impose the lien on that property to the city manager or any fair and impartial person the city manager may designate. The city manager or his designee shall authorize the release of the lien if the property owner or account holder shows that no bill for the above-mentioned services to his property encumbered by the lien or liens is owing or if the property owner shows that the encumbered property is and at all times from the hour of the filing of the lien or liens until the time of the appeal has been a homestead as defined by the state constitution. The city manager or his designee may modify or release the lien to reflect the true amount of delinquency in payment for services to the property if the owner or account holder demonstrates that a lesser bill is owing than the lien alleged or if the director of billing and collection cannot show that all the lien alleged is owing. The person last listed on the Ector County appraisal district tax records as being the owner of any given piece of property shall be presumed to be the owner for purposes of this subsection, and the address listed for the owner on the Ector County appraisal district tax records shall be presumed to be the address of the owner.
(c) 
Release.
Whenever a person or entity pays all principal and interest and the filing fee of a lien validly filed pursuant to this section, the director of billing and collection shall execute a release of that lien.
(d) 
Declaration of rental property.
(1) 
The owner of any property who rents property to another and such tenant carries city water, wastewater or trash collection services in the tenant’s name may prevent the city from using that property as security for the water, wastewater and trash collection service charges for service to that property and from filing any lien on such property under the provisions of this section by filing with the city a declaration in writing specifically naming the service address of that property and declaring such to be rental property which the owner does not wish to be security for the water, wastewater and trash collection service charges for service to that property.
(2) 
The declaration of rental property shall be valid only so long as the person making such declaration owns such property and rents such property to another and all tenants of such property carry city water, wastewater or trash collection services in the tenant’s name. The owner may revoke the declaration of rental property at any time by so notifying the city in writing.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-30.2; Ordinance 2010-23, secs. 13, 18, adopted 8/10/10)