Payments for water, wastewater, and solid waste service are
due on the 10th day of the month following the date service was provided.
Payments not received by the city by the 10th day of the month are
considered past due.
(Ordinance 050830-2, sec. 1, adopted 8/30/05)
A delinquent account for water, wastewater, or solid waste service shall incur a late charge as provided in appendix
A to this code. Past-due payments that are made and do not include a penalty shall continue to be past due for collection purposes until the late charge is paid in full.
(Ordinance 050830-2, sec. 2 adopted 8/30/05; Ordinance adopting Code)
Any delinquent water, wastewater, or solid waste service account
outstanding by the 15th of the month shall receive a past-due notice.
The city shall forward the following notices as necessary:
(1) Current to 30 days past due, or any portion thereof.
The payments are due on the 10th of the month following the month
in which service was rendered. Accounts not paid in full by the 10th
day of the month it is due will incur a 10% late fee. A reminder notice
will be sent via U.S. mail on the 16th of each month.
(2) 31+ days past due, or any portion thereof (first disconnect notice).
When the amount due would be equal to at least 2 monthly payments,
a past-due/disconnect notice will be sent via U.S. mail on the 16th
of each month. This notice will include the date of disconnect if
the outstanding balance is not paid in full, together with late charges.
(3) 31+ days past due, or any portion thereof (second notice).
Five calendar days prior to the disconnect date, a final notice
will be hung on the resident’s door if all amounts due have
not been paid in full.
(Ordinance 050830-2, sec. 3, adopted 8/30/05)
The director of finance will assess to the account the following
fees on delinquent accounts as appropriate:
(1) Late fee: As provided in appendix
A to this code.
(2) Reconnect fee: As provided in appendix
A to this code.
(3) Deferment plan fee: As provided in appendix
A to this code.
(Ordinance 050830-2, sec. 4, adopted 8/30/05; Ordinance adopting Code)
(a) The director of finance has sole discretion to approve or deny an
extreme hardship application, but, in doing so, [he shall] act in
good faith and consider the following factors:
(1) The extent to which the circumstance leading to the nonpayment for
the service was caused by factors beyond the control of the delinquent
user;
(2) The financial resources available to the delinquent customer; and
(3) The likelihood that the customer will be able to perform his or her
obligations under the deferred payment schedule in a timely manner.
(b) It shall be the burden of the delinquent customer to produce satisfactory
evidence of the factors mentioned above.
(c) If the director of finance determines in his/her judgment that the
customer is subject to an extreme hardship, he/she may permit the
delinquent customer to execute a deferred payment plan. It is the
express will of the council that extreme hardship cases will be recognized
only in the most unusual circumstances, and shall not become a refuge
for most delinquent accounts.
(Ordinance 050830-2, sec. 5, adopted 8/30/05)
(a) It shall be stated that no more than 1 deferred payment plan may
be accepted per customer per calendar year.
(b) If the director of finance grants a customer’s request for
a deferred payment plan, he/she shall require the customer to execute
a written agreement that:
(1) Requires the customer to pay for all future services before the account
becomes delinquent;
(2) Provides up to, but no more than, 6 months to pay all delinquent
amounts, in equal or as nearly equal as practicable monthly installments;
(3) Includes a deferred payment fee;
(4) Provides that, in the event of any default of the deferred payment
plan, services shall be terminated without further notice.
(Ordinance 050830-2, sec. 6, adopted 8/30/05)
The director of finance may develop forms and rules that are
consistent with the purposes stated herein.
(Ordinance 050830-2, sec. 7, adopted 8/30/05)
If any customer pays for utility service with a check that is dishonored for any reason, there is hereby assessed a returned check fee as provided in appendix
A to this code, plus the amount of any service charge imposed on the city by the bank or banks that handled the check. The returned check fee shall become a part of the amount owed for utility service provided by the city to the customer and shall be subject to all of the provisions of this division.
(Ordinance 050830-2, sec. 8, adopted 8/30/05; Ordinance adopting Code)
(a) Pursuant to chapter 402 of the Texas Local Government Code, there
is hereby imposed a lien on each property that is served by the city’s
water and/or wastewater system to secure the payment of delinquent
municipal utility accounts. This lien does not attach to property
that is a homestead protected by the state constitution, nor does
it secure the payment of any municipal utility bills that were incurred
by a tenant of the property prior to the effective date of this division
(b) The city manager shall perfect the city’s lien by recording
a notice in the real property records of the county that includes:
(1) The name of the owner of the property;
(2) The name of the person who received the service, if different than
the owner;
(3) The legal description of the property;
(4) The amount owed to the city, including penalty, interest and collection
costs; and
(5) The type of service for which payment is delinquent.
(c) The city’s lien shall be inferior to a bona fide mortgage lien
that is recorded prior to the date the city’s lien is recorded
in the real property records of the county, but shall be superior
to all other liens, including previously recorded judgment liens and
all liens recorded after the city’s lien.
(Ordinance 050830-2, sec. 9, adopted 8/30/05; ordinance adopted August 30, 2005)