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.
(8) Disconnect
for non-payment fee;
(11) Tampering
with utility property fee;
(15) Pavement
cut or boring fee;
(16) Manhole
installation fee;
(18) Backflow
prevention assembly fee;
(19) Returned
check or electronic transmission 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)
The director of billing and collection shall have the authority
and power to discontinue service for trash, wastewater, and water
in the event a user fails to pay any of the fees or charges, when
specified, for any one of said services. This discontinuance may include
the actual disconnection of the main and any service pipes and attachments
thereto belonging to the city’s water or wastewater works system
from the user’s lines, with the user to bear all costs and expenses
of said disconnection.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-30; Ordinance 2010-23, sec. 18, adopted 8/10/10)
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)