Any person, firm or corporation violating this article shall
be guilty of a misdemeanor and upon conviction shall be fined an amount
not to exceed two thousand dollars ($2,000.00). Each additional day
that such violation continues shall constitute a separate offense.
(Ordinance 2003-35, sec. 1, adopted 8/26/03; Ordinance 2003-35A, sec. 1, adopted 8/26/03; 1957
Code, sec. 21-29)
It shall hereafter be unlawful for any person other than authorized
utility personnel to do, commit or assist in committing any of the
following things or acts in the city:
(1)
Open
or close any fire hydrant or stopcock connected with the distribution
system, or lift or remove the covers of any gate valves or shutoffs
thereof, without the permission of director of utilities, except in
case of fire, and then under the direction of officers of the fire
department;
(2)
Interfere
with, destroy, deface, impair, injure, or wantonly force open any
gate or door, or in any way whatsoever destroy, injure, or deface
any part of any treatment facility, pump station, reservoir, standpipe,
elevated tank, building, or appurtenances, fences, trees, shrubs,
or fixtures or property appertaining to the utilities system;
(3)
Go
upon or ascend the stairway or steps on any elevated water storage
tank or standpipe of the waterworks system;
(4)
Place
any telegraph, telephone or electric light pole or any obstruction
whatsoever within three (3) feet of any fire hydrant;
(5)
Resort
to any fraudulent device or arrangement for the purpose of procuring
water from private connections on premises contrary to the city regulations
or ordinances;
(6)
Remove
any water meter that has been placed by the city or in any manner
change, interfere with or tamper with any water meter;
(7)
Turn
on the water supply to any building or to supply pipe where the supply
has been turned off for the nonpayment of the monthly water charge
or for the violation of any rule or ordinance governing the waterworks
system;
(8)
Make
or permit to be made any connections with the main or service pipes
of the utility system or use services of the system without first
making written application or contract for services and paying the
required deposit and subsequent charges;
(9)
Cover
over or conceal from view any water valve box, service or meter box;
(10)
Supply
city water to other persons or to other entities for use off of the
premises for which the water account is established without the written
consent of the billing and collection department.
(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; 1957 Code, sec. 21-27; Ordinance 2010-23, sec. 18, adopted 8/10/10)
It shall be unlawful for any person to make any connection to
the mains or pipes of the waterworks system of the city without first
making application to the city, stating fully the several and various
uses for which water is wanted, giving the name of owner of the property,
the number of the lot and block, the name of the street and the house
number. Upon the payment of the tapping fee, utility personnel shall
make, or have made, the necessary connections and furnish a curb stop
box and curb cock, the cost of which is included in the tapping fee,
and every premises connected with any water main, or being supplied
with any water from the city waterworks, shall have a separate service
connection, curb stop box and curb cock. All fees and charges shall
be paid at amounts and rates fixed by this article or by resolution
of the governing body.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-28)
All water and wastewater facilities shall be constructed in accordance with the requirements contained in article 13-5 of this chapter as well as the current construction standards and policies of the city.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-1)
All persons are prohibited from tapping any city water or wastewater
main except employees, agents or contractors acting under the supervision
or with the approval of the director of utilities, and any violation
of this provision shall be an offense.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-2)
Water from the city waterworks system shall be sold and delivered by the city through its mains only to customers at whose premises water meters have been installed and to those customers at whose premises water meters may be hereafter installed. Water shall be billed based on water meter readings and water meter computations only, subject to the provisions of section 13-2-9 concerning estimates.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-3)
All meters are property of the city and shall be set by the
employees of the city. All water that passes through the meter shall
be charged to the customer, whether used or not.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-4)
(a)
All
requests for meters greater than one (1) inch must be approved by
the director of utilities.
(b)
The
director of utilities may reduce the size of an existing meter if
it is determined that the flows from the facility are below those
which can accurately be measured by the meter.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-5)
(a)
If
a meter reader is, in the opinion of the billing and collection department,
unable to procure a reading of the meter owing to the building being
locked or vacant or the occupant not permitting entrance, or entrance
to the premises is made precarious by a vicious dog or otherwise,
or easy access to the meter is obstructed in any manner whatsoever,
the charges may be estimated for the amount not exceeding double the
normal charge, and it is further provided that, in case the consumer
does not remedy the condition and should further refuse to pay the
estimated bill, the city water department shall have the right to
discontinue the service without further notice and service shall not
be resumed until the condition(s) have been remedied and all charges
for water, wastewater and trash service paid.
(b)
If
a meter fails to accurately register the water consumed by the customer,
the billing and collection department may estimate the charge by the
normal consumption, taking into consideration the season of the year.
This estimation may be based on the consumption either before or after
the period that the meter fails to accurately register the water consumed.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-6)
Every customer of the waterworks system must agree, and does
agree, that the director of utilities, or anyone acting under his
direction, shall at reasonable times be permitted to enter any premises
or building in which water is used. It is expressly agreed and must
be understood that the city reserves the right at any time to shut
off the water in the mains for the purpose of maintenance, repair
or construction, and in so doing the city shall not be liable in any
manner for damages resulting from these activities.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-7)
(a)
Water
may not be obtained from a fire hydrant unless approved by the director
of utilities.
(b)
All
water obtained from a fire hydrant must be measured by a meter provided
by the utilities department.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-8)
An approved backflow prevention assembly must be provided as defined in article 13-3 of this chapter for all permanently installed irrigation systems.
(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; 1957 Code, sec. 21-9; Ordinance 2010-23, sec. 14, adopted 8/10/10)
Submetering regulations for water services in multiple-use facilities
such as apartment houses, manufactured homes, rental communities and
condominiums, as now adopted in section 13.502, Texas Water Code,
as hereafter amended, are adopted and incorporated herein by reference.
(Ordinance 99-62, sec. 1, adopted 11/23/99; Ordinance 2003-25, sec. 1, adopted 8/26/03; Ordinance 2003-35A, sec. 1, adopted 8/26/03; 1957 Code, sec. 21-10)
(a)
A
construction meter shall be issued to contractors for the period of
construction at a site.
(b)
Service
to a construction meter must be terminated upon completion of construction
and prior to the initiation of service in the name of the owner/occupant.
(Ordinance 99-62, sec. 1, adopted 11/23/99; 1957 Code, sec. 21-11; Ordinance 2010-23, sec. 15, adopted 8/10/10)
(a)
A
utility bill donation program is hereby established effective July
1, 2007. Funds collected as a result of the program will be used for
park improvements.
(b)
Except
as provided herein, each month there shall be assessed a voluntary
park improvement fee of $1.00 per water meter account.
(c)
Any
customer electing not to participate in the program must contact the
billing and collection department of the city and inform them that
they do not wish to pay the park improvement fee of $1.00.
(d)
A
customer electing not to participate in the program and not to pay
the park improvement fee of $1.00 will not be subject to criminal
prosecution, nor will their water service be discontinued for nonparticipation.
(e)
Payment
of the voluntary park improvement fee is due when all other charges
on the combined billing statements are due.
(f)
The
director of billing and collection is authorized to collect such charges
in a manner consistent with the city charter and state law.
(g)
A
revenue and expense line item shall be created to identify revenues
and expenses attributable to the utility bill donation program.
(h)
The
utility bill donation program will remain in place until repealed
by subsequent ordinance.
(i)
The
Odessa Ector Parks Foundation, by contract, shall receive all proceeds
of the utility bill program, shall use said proceeds solely for the
improvement of city parks, and shall provide an annual report to the
city council on the program’s revenues and expenses. In the
event that the contract with the Odessa Parks Foundation is terminated,
all proceeds of the program will be spent by the city for park improvements
directly or through another non-profit organization.
(j)
All
expenditures of the funds generated by this program must be authorized
by the city council.
(k)
Requirements
for the expenditure of revenues will survive the termination of the
program.
(Ordinance 2007-18 adopted 4/10/07; Ordinance 2013-27 adopted 4/23/13)
(a)
A
stormwater discharge fee is hereby established effective September
1, 2009. Funds collected as a result of this stormwater discharge
fee will be used for stormwater discharge drainage activities.
(b)
For
all utility customers, except those exempted by resolution, each month
there shall be assessed a stormwater discharge fee per utility account
as described in the table below:
|
Tier
|
Impervious Coverage* Break Down
|
Rate
|
|---|---|---|
|
Tier 1 Residential
|
Up to 1,000 sq. ft.
|
$1.85
|
|
Tier 2 Residential
|
1,001 to 2,000 sq. ft.
|
$1.95
|
|
Tier 3 Residential
|
2,001 to 3,000 sq. ft.
|
$2.15
|
|
Tier 4 Residential
|
Greater than 3,000 sq. ft.
|
$2.25
|
|
Tier 1 Nonresidential
|
Up to 5,000 sq. ft.
|
$5.50
|
|
Tier 2 Nonresidential
|
5,001 to 15,000 sq. ft.
|
$9.50
|
|
Tier 3 Nonresidential
|
15,001 to 50,000 sq. ft.
|
$24.50
|
|
Tier 4 Nonresidential
|
50,001 to 150,000 sq. ft.
|
$45.50
|
|
Tier 5 Nonresidential
|
150,001 to 500,000 sq. ft.
|
$72.50
|
|
Tier 6 Nonresidential
|
Greater than 500,000 sq. ft.
|
$85.50
|
|
*
|
Impervious coverage consists of roads, parking areas, buildings,
pools, patios, sheds, nonresidential driveways, nonresidential sidewalks,
and other impermeable construction covering the natural land surface
and shall be used in calculating the square footage.
|
(c)
Payment
of the stormwater discharge fee is due when all other charges on the
combined billing statements are due.
(d)
The
director of billing and collection is authorized to collect such charges
in a manner consistent with the city charter and state law.
(e)
A
revenue and expense line item shall be created to identify revenues
and expenses attributable to the stormwater discharge fee.
(Ordinance 2009-32, sec. 1, adopted 8/25/09; Ordinance 2016-20, sec. 1, adopted 7/12/16)
