(a)
There is hereby created, for the operation of the electric system,
water system, sewer system, and refuse system of the city, an electric,
water, sewer, and sanitation department (herein called “joint
utility system”). The joint utility system shall be administered
by the city manager, who shall appoint such officers and employees
thereto as may be necessary for the proper operation of the joint
utility system. All present employees of the electric, water, sewer,
and sanitation systems are hereby transferred to and shall become
the employees of the joint utility system of the city.
(b)
The joint utility system is hereby authorized to promulgate rules
and regulations approved by the city council and not in conflict with
this article and the laws of the state and the United States of America.
(Ordinance 1999-5, sec. 1.01, adopted 6/8/99)
(a)
The following rules of service, to the extent not in conflict with
existing standards lawfully established, shall apply to the joint
utility system and to all residential, commercial, and industrial
customers of the city.
(b)
Except to the extent superseded by final rulings of the governing
body, which is the city council, having jurisdiction, these rules,
and subsequent additions thereto, are subject to modification, cancellation,
or substitution, in whole or in part, by the city, and such cancellation,
modification, or substitution shall become effective when approved
by the city council.
(Ordinance 1999-5, sec. 1.02, adopted 6/8/99)
The officer or other designated authority charged with the
administration and enforcement of the building codes.
All users of the city’s utility services.
The manager of collections and accounts of the departments
or the authorized representative. The manager of collections and accounts
shall be appointed by the city manager with the consent of the city
council.
The sale or supply of electric, water, sewer collection,
and garbage collection and disposal by the city to customer or customers.
(Ordinance 1999-5, sec. 1.03, adopted 6/8/99)
Upon conviction of any provision of this article, a fine not
to exceed two hundred dollars ($200.00) may be assessed.
(Ordinance 1999-5, sec. 1.29, adopted 6/8/99)
If the joint utility system cannot provide service of water
or wastewater collection to a customer in the city limits due to utilities
not being extended to that customer as of yet, the customer can use
a water well or septic tank until the service has been extended. The
city will provide electric service and may provide sanitation service
to customers living outside the city limits. All customers are required
to use the water, wastewater, and sanitation services of the city
to ensure their safety from diseases.
(Ordinance 1999-5, sec. 1.04, adopted 6/8/99)
(a)
Before the city shall make any new installation to serve any premises
with any of the joint utility system, an application for connection
shall be made. The connection [application] shall be in writing by
the customer of the premises to be connected or by his authorized
representative at the office of the manager of collections and accounts
(herein “manager”). All new meter connections shall meet
the National Electrical Code and Southern Building Code. The application
shall be made on forms provided by the city. The application shall
state:
(1)
The name of the applicant customer and the property to be served,
with address and telephone number.
(2)
The location of the property to be served described by its street
address, legal description or otherwise.
(3)
The type of service desired and the use for which the service will
be required.
(4)
Proper identification such as a driver’s license number and/or
a social security number will be required.
(5)
The date for connect.
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Note: If there is no electric line or water and sewer main to
which a connection can be made, the requirements to connect the service
according to this article must be met before the application for the
service will be accepted.
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(b)
The application shall become binding and effective when accepted
and approved on behalf of the city by the manager and upon the deposit
of such amounts as security for the payment of bills for services
rendered, as provided herein, has been made by the customer. The application
and its acceptance:
(1)
Shall constitute a contract between the applicant and the city for
installation of the connection and provision of the service; and
(2)
Shall constitute an agreement on the part of the applicant to abide
by and be bound by all rules and regulations of the joint utility
system now in force or hereafter relating to the supply and use of
service, and shall constitute further agreement on the part of the
applicant to pay the rates now or hereafter fixed by the city for
such service until the same is disconnected or discontinued.
(c)
The city will require a reasonable deposit for service.
(d)
The city may decline to serve any applicant who has not complied
with the regulations or the appropriate joint utility system rules
governing the service requested, including but not limited to the
following:
(e)
The following do not constitute grounds for refusal to serve a prospective
customer:
(1)
Delinquency in payment for service by a previous occupant of the
premises to be served unless the change of the customer is made to
avoid payment of a utility bill.
(2)
Failure to pay a bill of another customer as a guarantor thereof
unless the guarantee was made in writing to the city as a condition
to providing the service.
(3)
Failure to pay a bill of another customer at the same address except
where the change of customer identity is made to avoid or evade payment
of a utility bill.
(Ordinance 1999-5, sec. 1.05, adopted 6/8/99)
(a)
Residential service.
A deposit in the amount provided in appendix A to this code will be required for all utility connections within the city.
(b)
Commercial/industrial service.
An estimated deposit
totaling a projected two-month bill will be determined by the manager
of accounts for all utility connections within the city where all
services are available.
(c)
Disconnected or delinquent accounts.
Upon a disconnect
for service, or a frequent delinquent account, the manager of accounts
may require an additional cash deposit for security.
(d)
Bills exceeding deposit.
The city shall have the right
to increase the amount of deposit if the customer’s bill for
two (2) consecutive monthly billing periods of normal operation actually
proves to exceed appreciably the amount of the original deposit made
with the city.
(e)
Payment.
The funds shall be deposited with the city
by each customer for each meter at the time of making application
for connection to the city’s utility systems, with the express
understanding that said deposit shall be held by the city as security
for the payment of amounts owing or to become owing for electric or
other utility service furnished by the city to the customer.
(f)
Refund.
Any deposit or portion thereof not needed to
pay the customer’s utility bill indebtedness will be refunded
at the time when the service is disconnected.
(g)
Waiver of deposit.
For an established residential or
commercial customer who has an excellent five (5) year payment history
with the city, any additional meters requested after June 10, 2003,
may have the deposit waived upon request to city hall if qualifications
are met.
(Ordinance 2003-5 adopted 6/10/03; Ordinance 2008-02 adopted 1/14/08; Ordinance adopting
Code)
(a)
Generally.
The joint utility system charges shall be
billed jointly for all utility services and the bill shall show the
separate charges for each service.
(b)
Reading of meters.
Meters shall be read at thirty-day
intervals as near as practicable by an authorized agent of the city,
and bills for service shall be rendered to customers as soon thereafter
as practicable.
(c)
Failure to receive bill.
Failure to receive a bill in
no way shall exempt the customer from payment of bills for services
rendered.
(d)
Inaccessible meters.
When the city is unable to read
a meter after reasonable effort, the customer shall be billed at the
average of the last three (3) previous months’ bills and the
billing adjusted when the meter is read.
(e)
Due date; delinquency penalty.
Monthly bills rendered
shall be paid no later than 5:00 p.m. on the 16th of each month. If
not paid in full, the bill will be considered delinquent. If said
bills are not paid within such time, ten percent (10%) of the net
amount due shall be added as a penalty.
(f)
Disconnection of service.
The city shall have the right
to disconnect any customer whose bill remains unpaid at the close
of the 5th working day after the 16th of the month, unless satisfactory
arrangement is made for payment.
(g)
Returned check charge.
A returned check handling charge as provided in appendix A of this code shall be made for each check returned to the city for reasons of nonsufficient funds, account closed, payment withheld, invalid signature, or improper preparation.
(h)
Bill averaging.
Bill averaging is available for all
eligible residential utility services, upon written request from the
customer. The customer must own property where the established utility
account exists (at least 12 months) with the city and the account
history shows no delinquent or past due payments.
(Ordinance 1999-5, sec. 1.07, adopted 6/8/99; Ordinance adopting Code)
(a)
When a customer believes that the amount of any bill rendered by
the city for the utility service is in error, the customer should
request an explanation of the bill from the city and, if this does
not resolve the matter, request an investigation of the matter, setting
forth all information relative to the dispute and providing any evidence
to justify the claim.
(b)
The city will investigate the matter promptly and communicate the
findings to the customer. Any balance due the customer will be refunded
by check or credited to the customer’s account. Any balance
owed to the city will be due immediately.
(c)
If the customer is still not satisfied, a complaint can be filed
with the local regulatory authority and/or the public utility commission.
(d)
The city will not discontinue service, nor will the customer’s
credit be impaired, during such investigation.
(Ordinance 1999-5, sec. 1.08, adopted 6/8/99)
The city may offer a deferred payment arrangement to any residential,
commercial, or industrial customer with a delinquent account. If offered,
such arrangements shall be made under the following terms and conditions:
(1)
The customer must agree to pay current and future bills in a timely
fashion and pay the delinquent bill in reasonable installments.
(2)
The size of the customer’s delinquent account, the ability
to pay and payment history, the time the debt has been outstanding,
the reason for such indebtedness and other relevant factors shall
determine the type of arrangements offered by the manager.
(3)
Service will not be discontinued so long as the customer complies
with the terms of the deferred payment arrangement.
(4)
If the customer fails to fulfill the terms of the deferred payment
arrangement, the manager shall have the right to disconnect the service
in accordance with this article without offering a subsequent deferred
payment arrangement.
(Ordinance 1999-5, sec. 1.09, adopted 6/8/99)
(a)
Customers’ bills for electric, water, wastewater, and sanitation, or any combination thereof, furnished or served by or through the joint utility system shall be rendered to customers on 30-day intervals as soon as practicable after meters have been read or service provided. Monthly bills rendered shall be paid no later than 5:00 p.m. on the 16th of the month. The customers’ bills are payable at city hall and considered delinquent if not paid within such period. If the bill is not paid on or before 5:00 p.m. on the 16th day of the month, or arrangements for deferred payment have not been made with the manager by the 16th day of the month, notice will be sent by mail to the customer that service will be discontinued five working days after the date of the delinquent notice. A reconnect charge will be assessed and collected, along with payment of the delinquent account, in the amount as provided in appendix A to this code, before service may be turned back on.
(b)
The city may also discontinue service for any of the following reasons:
(1)
A customer failing to pay a delinquent account or failing to comply
with the terms of a deferred payment arrangement of a delinquent account.
(2)
The city may refuse to render service to any customer for the operation
of any devices which have a detrimental effect upon the electrical
services rendered to other customers.
(3)
Where the customer’s use of electricity is intermittent or
subject to violent fluctuation, the city reserves the right to require
the customer to furnish at his own expense suitable equipment to reasonably
limit such intermittence or fluctuation.
(4)
A customer violating the city’s ordinances or codes pertaining
to use of service in a manner which interferes with the service of
others or the operation of nonstandard equipment.
(5)
The city found unauthorized tampering with the meters or equipment
or bypassing the same.
(6)
A customer fails or refuses to repair or replace or have repaired
or replaced any of the piping or equipment when notified by the city
of their hazardous conditions.
(7)
Fraudulent representation relating to the consumption of electricity,
water or services being provided.
(8)
A customer selling, delivering, or furnishing utilities to other
persons either on or off the customer’s premises without permission
from the city.
(c)
The notice mailed to customers for utility disconnects will include
the reason for turning off the utilities, the date for disconnection/discontinuance
of utility service, and the specific deadline for customer response.
(d)
Unless a dangerous condition exists, the city will terminate service
only on normal workdays between 8:00 a.m. and 5:00 p.m., Monday through
Friday, when personnel are available to the public for bill collections
and service.
(e)
The city will mail the bill to the address provided by the customer;
however, the city is not responsible for the customer receiving the
utility bill. The customer is not relieved from the service being
discontinued by merely stating he never received a utility bill or
delinquent notice.
(Ordinance 1999-5, sec. 1.10, adopted 6/8/99; Ordinance 2008-02 adopted 1/14/08; Ordinance adopting
Code)
(a)
A customer (property owner only) requesting electric or water service
where no permanent service is available may receive such service,
not to exceed a two-week period, upon the making of an application
as provided in this article.
(b)
When available, service shall be provided after payment of a deposit, if required by the manager, and after the payment of a charge as provided in appendix A to this code for making the temporary connection.
(c)
The temporary service will meet all state requirements and the city’s
ordinances and codes.
(d)
A meter shall be installed to measure such service and the customer
will be billed for the amount of consumption used.
(e)
A temporary overhead connection for electric service will be made
when the 120/240 volt, single-phase, three-wire service is not more
than 90 feet from the customer’s point of delivery. If the desired
type of service is not 120/240 volt, single-phase, three-wire, 60
hertz and/or is over 90 feet from the point of delivery and/or requires
special equipment, temporary service will be provided only when the
customer pays in advance to the city the estimated cost of installing
and removing the necessary overhead facilities.
(Ordinance 1999-5, sec. 1.11, adopted 6/8/99; Ordinance 2008-02 adopted 1/14/08; Ordinance adopting
Code)
(a)
When a customer fails to pay a delinquent utility account within
ninety (90) days of the disconnect date of the utilities, the city
will mail a second notice to the customer giving one last opportunity
to pay or make arrangements to pay the past due account. The notice
will indicate the total amount due, and the deadline to pay or make
arrangements for payment, and will include notification that the account
may be turned over to the small claims court for collection if no
response is received by the specified date.
(b)
The city may impose a lien on real property served by the utility
account for unpaid utility bills as provided by Texas Local Government
Code, section 402.0025.
(c)
The utility billing supervisor will provide the city council with
a list of the uncollected accounts turned over to the small claims
court for collection.
(d)
The city will furnish a list to the retail merchants’ association,
on a quarterly basis, that will include customer name, last known
address, and amount owed to the city.
(e)
The city will maintain a pending charge-off list for uncollected
utility accounts. In January of each year, the utility billing supervisor
will schedule a meeting with the city manager to review and discuss
unpaid accounts. From that meeting, a charge-off list of uncollected
accounts will be compiled for the city council’s review and
consideration and/or approval.
(Ordinance 1999-5, sec. 1.12, adopted 6/8/99)
(a)
It is the policy of the city to construct, install, operate, and
maintain its facilities in accordance with generally accepted industry
standards and the rules and regulations of appropriate regulatory
authorities, and in such a manner as to best accommodate the public
and prevent unreasonable interference with other utility services.
(b)
The applicant customer desiring an extension of the city’s
service shall make application to the business office at city hall
for the construction of utility service facilities. The public works
department shall provide an estimate of the work to be completed and
the estimated cost for construction shall be paid to the city.
(c)
All customer requests for service will be met as rapidly as possible
under prudent operating practices. As a general policy, the city will
seek to provide new services, not involving line extensions or new
facilities, within seven (7) working days. Applications for services
which require line extensions will be filled within ninety (90) days
unless the availability of materials, manpower or other causes delay
beyond the control of the city.
(d)
Lines put in by other companies must meet the specifications and
inspection requirements of the city.
(e)
When practical, underground electric lines and water and sewer service
lines will be installed prior to paving. The city at its option may
finance electric, water and sewer extensions under the assessment
and lien provisions of the state law.
(Ordinance 1999-5, sec. 1.13, adopted 6/8/99)
(a)
Electric system.
The electric system distribution lines
may be extended beyond the corporate limits of the city into the county
pursuant to the approval of the city manager. The cost of the extension
shall be paid by the applicant requesting the extension. The city
may require evidence of financial capability.
(b)
Water and sewer lines.
Water and sewer lines may not
be extended to any area outside the city’s corporate limits
until property has been annexed into the city limits and a plat with
dedicated easements for the service lines as well as public access
has been prepared, approved, and filed in accordance with applicable
laws and regulations.
(c)
Sanitation services.
Sanitation services may be provided
beyond the corporate limits of the city.
(Ordinance 1999-5, sec. 1.14, adopted 6/8/99)
In the event any service location is subdivided or if additional
service locations are requested to a location receiving service, the
service installed for the original location shall be deemed to have
been installed only to supply service to the specific service location.
New service shall be installed and connected upon application as provided
in this article. Additional service connections will be made to subdivided
tracts only when the subdivision complies with applicable laws and
regulations.
(Ordinance 1999-5, sec. 1.15, adopted 6/8/99)
If, after a contract for the new service installation and connection
has been entered into and necessary extension of the joint utility
system’s main lines are required, the city shall provide the
service line from the main line to the property line. All installations
and connections from the property line to the building shall be furnished
and installed at the expense of the owner. The public works department
shall provide an estimate of the work to be completed and the estimated
cost for construction shall be paid to the city within twenty (20)
days from the date of the statement. If the amount is not paid within
20 days from the date of said statement, utility service shall be
discontinued.
(Ordinance 1999-5, sec. 1.16, adopted 6/8/99)
(a)
The city will make all reasonable efforts to prevent service interruptions
and, when such interruptions occur, to reestablish service within
the shortest time consistent with safe operating principles.
(b)
The city is not and shall not be responsible for any loss or damage
due to or occasioned by failure of service from any cause, including
but not limited to the breakage of any line or the failure of equipment,
or to the failure or interruption due to any act of God, including
any failure in the customer’s lines, apparatus, connections,
or equipment.
(c)
In the event of a national emergency or natural disaster resulting
in the disruption of normal service, the city may find it necessary
in the public interest to interrupt service to other customers in
order to provide temporary service to civil defense or other emergency
service agencies to civil defense or other emergency service agencies
[sic] until normal service can be restored.
(Ordinance 1999-5, sec. 1.17, adopted 6/8/99)
The city reserves the right without notice to temporarily disrupt
services for the purpose of making repairs or extensions and for such
other purposes as the city in its discretion determines necessary.
Insofar as possible the city will give notice to the customer of such
disruption of service and the duration thereof.
(Ordinance 1999-5, sec. 1.18, adopted 6/8/99)
(a)
Metering devices will be used to measure water and electricity and
shall be installed by the city in a location which permits ready access
for the city’s meter personnel, and all bills shall be calculated
upon the registration of said meter or meters.
(b)
When the customer requires more than one meter to be installed, each
meter shall be considered as a separate customer and the proper rate
schedule for the class of service rendered shall be applied to each
meter separately. (Exception for electric meters: Does not apply if
the customer makes the necessary provisions for approved circuits
and loops to permit the metering by one meter for each class of service
of all energy used for that class of service.)
(c)
When, for the city’s convenience, more than one meter is installed
for the same class of service, the sums of the registration shall
be taken as the total registrations.
(d)
All meters, transformers, regulators, services, fixtures, and other
equipment which are installed by the city upon the customer’s
premises for the purpose of delivering electric, water, sewer, and
garbage collection to the customer remain the property of the city
and may be repaired, replaced, or removed by the city at any time.
(e)
No rent or other charge whatsoever will be made by the customer against
the city for placing or maintaining said meters, transformers, regulators,
fixtures, and other equipment upon the customer’s premises.
(Ordinance 1999-5, sec. 1.19, adopted 6/8/99)
The city will, upon request from the customer, make a test of
the accuracy of the meter servicing the customer. The customer will
be informed of the time and place of the tests. The city may send
the meter to a meter testing facility instead of testing the meter
because of the lack of manpower or equipment. If the test is conducted
by the city, the customer, or a designated representative, may be
present to witness the test. The test will be conducted in accordance
with the following requirements:
(1)
If a test has not been performed within the last four years for the
same customer at the same service location, the test will be performed
without charge. If such a test has been conducted within the last
four years for that customer at the same location, a fee may be charged
as provided for in the miscellaneous charge fee schedule. The city
will promptly inform the customer of the meter test.
(2)
Any underbillings or overbillings resulting from such meter inaccuracies
will be corrected on subsequent bills unless service is terminated.
In such case the city will make a monetary adjustment with the customer.
If the discovered error was to the city’s advantage, it may
waive any bill corrections.
(Ordinance 1999-5, sec. 1.20, adopted 6/8/99)
(a)
The city reserves the right to inspect any premises, including buildings,
to which the city provides service. Inspections shall be at reasonable
hours. Access shall include the right of the city to enter upon premises
to read the meters, and examine the location or condition of metering
devices, lines or pipes, fixtures, and refuse collection equipment
used in connection with the service.
(b)
The city shall have the right to cut or trim and remove such trees
and shrubbery, or parts thereof, as may be reasonably necessary or
desirable in connection with extending and furnishing service to the
customer’s premises.
(c)
If any customer or owner of any property receiving service shall
refuse entry or prevent or interfere with the inspection provided
for in this article, the manager may hereby discontinue the service
to such premises if the possibility of health, welfare, or safety
of any person or the public is in danger. The utility service shall
not be reconnected to such premises until the inspection is completed
and the reconnection charge has been paid.
(Ordinance 1999-5, sec. 1.21, adopted 6/8/99)
All revenue collected from the operation of the joint utility system, including monies from the collection of charges for electricity, water, and sewage disposal and for the collection of refuse, including monies from the sale of any property or material connected with the joint utility system, shall be placed to the credit of each enterprise fund for the use in the operation of the joint utility system as provided by law. The joint utility system will be tested by the auditors at the end of the fiscal year for the bond requirements as specified in section 13.02.024.
(Ordinance 1999-5, sec. 1.22, adopted 6/8/99)
(a)
Rates for all services by the joint utility system shall be reasonable
and just, taking into account and consideration the cost and value
of the joint utility system and the proper and necessary allowances
for the depreciation thereof and the amounts necessary for the retirement
of all bonds and other securities or obligations payable from the
revenues of the joint utility system including reserves; therefore,
there shall be charged against all purchasers of service, including
the city, such rates and amounts as shall be adequate to produce revenues
annually in each fiscal year to pay the annual operation and maintenance
expenses of the joint utility system and the principal of and interest
on bonds and any other obligations payable annually from the revenues
thereof (excluding the reserves), and no free service, facilities
nor commodities shall be furnished by the joint utility system.
(b)
Net revenues means the revenues of the joint utility system after
deducting operation and maintenance expenses. Operation and maintenance
expenses are defined as all reasonable and necessary current expenses
of the city, paid or accrued, of operating, maintaining and repairing
the joint utility system and includes, without limiting the generality
of the foregoing, legal and overhead expenses of the various city
departments directly related and reasonable allocable to the administration
of the joint utility system, insurance premiums, reasonable charges
of depository banks and paying agents, contractual services, professional
services required by any bond ordinances, salaries and administrative
expenses, labor, and the cost of materials and supplies used for current
operation, but does not include any allowance for depreciation, liabilities
incurred by the city as a result of its negligence in the operation
of the joint utility system, extensions, enlargements or betterment,
or any charges for the accumulation of reserves for capital replacements.
(c)
The city shall provide that the net earnings of the joint utility
system be appropriated for the necessary requirements of any of its
systems. The city shall provide that any surpluses remaining after
payment of the following (listed by priority) may be transferred to
the city’s general fund:
(Ordinance 1999-5, sec. 1.23, adopted 6/8/99)
Without prior approval of the city, no customer shall in any
way, by sale, gift, or otherwise, provide service or permit another
to attach to or utilize service connections or equipment for any purpose.
(Ordinance 1999-5, sec. 1.24, adopted 6/8/99)
Except as now or as may hereafter be authorized and approved
by this article and regulations of the joint utility system, it shall
be unlawful for any person, by any means or in any manner, to receive,
consume, utilize, or in any manner divert or appropriate to his own
use or to use of another without payment therefor any service belonging
to and made available by the city. All services shall be supplied
and furnished by the city in accordance with this article and rules,
regulations, and state laws governing utility services to a customer.
(Ordinance 1999-5, sec. 1.25, adopted 6/8/99)
It shall be unlawful for any person by any means or in any manner
to break or remove any seal or device used in discontinuing utility
service. It shall further be unlawful for any person for any reason
or by any means or manner to reconnect or to use any service after
the service has been discontinued.
(Ordinance 1999-5, sec. 1.26, adopted 6/8/99)
(a)
It shall be unlawful for any person, by any means or in any manner,
to cause an electric or water meter to incorrectly register service.
It shall be further unlawful for any person to tamper with or in any
manner damage or destroy such meters or registering devices.
(b)
It shall be unlawful for any person to tamper with any electric meters,
transformers, electric lines, water main, fire main, water meter,
sewer line, or garbage bin, or to make any connections to utility
services without written permission from the city. It shall be unlawful
for any person to reconnect service when it has been discontinued.
(c)
[It shall be unlawful for any person to] perform any work upon the
pipes or appurtenances of the city’s waterworks system beyond
a private property line unless such person is employed by the city.
(Ordinance 1999-5, sec. 1.27, adopted 6/8/99)
(a)
It shall be unlawful for any person to remove, destroy, injure, deface,
or in any way harm any electric distribution equipment, water pipe,
hydrant, faucet, valve, garbage bin, meter or meter box installed
in and by the city for its use or the use of the public.
(b)
It shall be unlawful for any person to take water from any hydrant,
faucet, or pipe without the proper authority to do so.
(c)
It shall be unlawful for any person to carry off any tool, apparatus,
or any property or equipment belonging to the city.
(d)
Without lawful authority to do so, it shall be unlawful for any person
to open any fire plug or water hydrant or other water pipe belonging
to the city and permit or allow water to be turned out of or run out
upon the ground.
(e)
Without lawful authority to do so, it shall be unlawful for any person
to use a garbage bin without authorization or proper application for
service.
(Ordinance 1999-5, sec. 1.28, adopted 6/8/99)
The city reserves the right at any time to revise or amend this
article or the joint utility system’s rules or regulations pertaining
to the supply of electric, water, sewer, and refuse collection service.
The city further reserves the right to disconnect or refuse service
to any applicant, customer, or customers who shall be found by the
manager to have violated any provision of this article or rules and
regulations of the joint utility system.
(Ordinance 1999-5, sec. 1.30, adopted 6/8/99)
(a)
Findings.
(1)
The Federal Trade Commission adopted rules pertaining to identity
theft prevention pursuant to the Red Flags Rule which implements section
114 of the Fair and Accurate Credit Transactions Act of 2003 that
requires creditors to adopt an identity theft prevention program (the “program”)
on or before November 1, 2008.
(2)
The Federal Trade Commission regulations include utility companies
in the definition of creditor.
(3)
The city provides utility services and accepts payments for municipal
utility services in arrears and is therefore a creditor with respect
to 16 CFR 681 and is therefore classified as a creditor.
(4)
The city council has reviewed the program attached to Ordinance 2008-27
as exhibit A and believes it fulfills, complies with and implements
the Red Flags Rule and other requirements outlined by the Federal
Trade Commission.
(5)
The city council finds that it is in the public interest to approve
the program.
(b)
Implementation.
All procedures and requirements of the
program shall be implemented as outlined in exhibit A attached to
Ordinance 2008-27 and incorporated herein for all purposes.
(c)
Compliance with Public Information Act.
All procedures
and actions taken under the program shall comply with the Texas Public
Information Act, ch. 552 of the Tex. Gov. Code.
(Ordinance 2008-27, secs. 1–3,
adopted 10/14/08)
