(a)
The city council hereby adopts the retail electric provider registration
form as attached to Ordinance 2002-05 and incorporated herein.
(b)
Each retail electric provider, as defined by state law, who provides
retail electric service in the city shall file a completed retail
electric provider registration form with the city secretary. Such
retail electric provider registration form is solely for the purposes
provided herein and has no connection to any right-of-way agreements
that might be required.
(Ordinance 2002-05, secs. 1, 2,
adopted 3/28/02)
(a)
It shall be unlawful for any person, firm or corporation to operate
a public water system, as that term is defined by the laws of this
state and the rules and regulations of the state commission on environmental
quality and department of state health services, within the boundaries
of the city and the geographical area of any certificate of convenience
and necessity issued to the city.
(Ordinance 1992-9, secs. I, IV,
adopted 10/26/92)
(a)
Prior to connection to any public utilities, including the provision
by the city or any other public utility of water, sewer, electric,
or gas service(s), all structures, improvements and developments located
on the parcel(s) of land to be serviced by such utilities, whether
new or existing, shall be brought into compliance with all rules,
regulations, codes and ordinances theretofore passed, approved and
adopted by the city, and any such parcel of land for which utility
service is to be provided must first be platted with proper easements
and other dedications prior to connection.
(Ordinance 1992-9, secs. II, IV,
adopted 10/26/92)
(a)
Prior to connection of service lines to water or sewer utility mains,
the main shall be extended at the point of connection from property
line to property line in at least the size of the main to which the
service line will be connected. Installation of such main extension
shall be at the cost of the developer or utility customer, and shall
be laid within a dedicated easement accepted by the city as shown
on the plat required prior to connection. If the required main extension
is shown on any utility meter plan adopted by the city, the size of
the line shall be as shown on such master plan unless the city agrees
to share in the costs of the same.
(Ordinance 1992-9, secs. III, IV,
adopted 10/26/92)
The city is authorized, in accordance with the provisions of
section 552.0025, Texas Local Government Code, to perfect a lien upon
property for the purpose of securing the payment of delinquent charges
incurred as a result of municipal utility service to the property.
(a)
This division does not apply to delinquent charges for service incurred
by a tenant who is the customer of record, if the charges are incurred
after the city has received written notice from the owner of the property
served that the property is rental property. The property owner may
deliver the notice personally to the (utility manager/other designated
city official) or by certified mail, return receipt requested.
(b)
This division does not apply to bills for service connected in a
tenant’s name prior to the effective date of this division.
(c)
This division does not apply to homestead property protected by the
state constitution.
Before recording of a utility lien, the (utility manager/other
designated city official) shall send notice by certified mail, return
receipt requested, that a lien will be filed on the property in accordance
with law. The notice must provide a time, place, and means by which
the charges causing the lien may be paid or disputed. The notice must
be sent to the customer in whose name the account for service to the
property exists and to the last known record owner of the property
according to the tax rolls of the city, if the customer is not the
owner.
Absence of receipt of notice does not affect the enforceability
of a lien.
(a)
The city administrator or his designated representative will conduct
a hearing if the utility customer submits a written request within
5 days of the date of the notice of lien. The hearing shall be conducted
by the city administrator or his designee not later than the 10th
day after the date a request for hearing is filed. At the hearing:
(1)
The customer and the city may testify or present witnesses or written
information related to the delinquent utility charges.
(2)
The city has the burden to show that delinquent utility changes exist,
notice was given in substantial compliance with this division, and
expenses, penalties, and collection costs were incurred relating to
the delinquent utility changes.
(3)
At the close of the hearing, the city administrator or his representative
may find, based upon a preponderance of the evidence, that the utility
charges and expenses are valid, or that they are erroneous or he may
adjust them.
(b)
If no hearing is requested, or a hearing is held and the utility
charges and expenses are determined to be valid or are otherwise appropriately
adjusted, and the customer fails or refuses to pay such amounts within
10 days after written notification to pay, the city administrator
or his designee shall place a lien against the property as provided
in this division.
The lien may be perfected when charges incurred by a customer
for utility service become delinquent and other means for collecting
the delinquent charges have been unsuccessful.
The form of the notice of lien must contain:
(1)
A statement indicating the purpose of the lien;
(2)
The address of the property which is the subject of the lien, if
the address is ascertainable;
(3)
A legal description of the property which is the subject of the lien;
(4)
The utility account number(s) for the delinquent charges; and
(5)
The amount of delinquent charges, including penalties, interest,
and collection costs, if any, incurred in connection with the property
as of the date of execution of the lien.
The lien must be executed by the mayor, acknowledged by a notary
public of the state, and recorded in the real property records of
the county in which the property is located.
The lien is superior to all other liens except a bona fide mortgage
lien recorded prior to the recording the city’s lien in the
real property records of the county in which the property is located.
Should additional delinquent charges be incurred subsequent
to the date of the original lien’s execution, a correction lien
may be executed and filed in the same form, documenting the additional
charges. The correction lien, when filed of record, shall relate back
to the date of recording of the original lien and shall become a part
of the original lien.
The city upon direction of the city council may file suit to
judicially foreclose the lien in a state court of competent jurisdiction.
The suit may not be filed earlier than 60 days after the recording
date of the lien.
Upon certification by the (utility manager/other designated
city official) that all delinquent charges which existed against the
property have been fully paid, the mayor is authorized to execute
a release of the lien. The release shall be recorded in the real property
records of the county in which the property is located.
This division is cumulative of any other remedies, methods of
collection or security available to the city under the ordinances
of the city or under state law. This division does not affect the
authority of the (utility manager/other designated city official)
to refuse or to furnish service when delinquent charges exist.
(Ordinance 2014-29 adopted 10/23/14)
