No person shall attach or affix any printed, pictured, drawn
or written matter to any public utility pole.
Any person designated by the City shall have the power to examine
and inspect from time to time all telephone, telegraph, electric light
or other poles, lines, conduits, gas pipe lines, pipes and other fixtures
in the public places of the City, and when any such item is found
to be unsafe or unsuitable for the purpose for which is it used, the
person using, possessing or maintaining the same shall be notified
and required to place the same in a safe and suitable condition.
(A)
It shall
be the duty of all persons who are furnished electricity or water
from the municipally owned utility system of the City to provide the
employees of the City who are charged with the responsibility of reading
the meters in connection with the fees to be charged for the electricity
and water used, free access to such meters. In the event that free
access is not given to such meters, the City shall upon notice and
a hearing, if requested, be authorized to discontinue providing electricity
and water to the location where free access is not provided to such
meters.
(B)
The
term “free access,” as used in this section, shall mean
that the meter reader shall be provided means of reaching any meter
to be read by him without having to go through any dwelling in the
City, and such meter reader shall not be forced to climb over or cross
any fence where there is no unlocked gate or other means of entrance
or exit.
(A)
Whoever
intentionally, by any means or device, prevents electricity from passing
through any meter belonging to the Electric Department of the City
or used in connection with the supply of electricity to any consumer
by such department, to register the amount of electricity passing
through the meter, or intentionally prevents a meter from duly registering
the quantity of electricity supplied, or in any way interferes with
its proper action or just registration, or, without the consent in
writing of the official in charge of the Electric Department, intentionally
diverts any electricity from any wires or lines of the Electric Department
or otherwise intentionally uses, or causes to be used, without the
consent of the Electric Department, any electricity produced or distributed
by the department, or whoever damages or destroys or removes any meter,
or any person who retains possession of or refuses to deliver any
meter or other appliance loaned to him by the Electric Department
for the purpose of furnishing electricity through the department shall,
for every such offense, be guilty of a misdemeanor.
(B)
The
presence at any time on or about any such meter or wire of any device
or wires of a damaged or destroyed meter resulting in the diversion
of electricity or prevention of the free passage and registration
by the meter or diverting from the meter or resulting in the prevention
of electricity from reaching the meter, or preventing the just registration
of the meter or the taking of any electricity except through a meter
as above set forth, or where there is not meter, shall constitute
prima facie evidence of knowledge on the part of the person owning
or having custody and control of the room, building, place or premises
where such device or wires is of the existence or where there is no
meter and knowledge of such existence of such device or wires or damaged
or destroyed meter or the absence of a meter to the person who would
be benefited by the failure of the electricity to be properly metered,
and shall further constitute prima facie evidence of intention on
the part of such person to defraud, and shall bring such person prima
facie within the scope, meaning and penalties of this section.
(A)
Whoever
intentionally, by any means or device, prevents water from passing
through any meter belonging to the Water and Sewer Department of the
City, or used in connection with the supply of water to any consumer
by such department, to register the amount of water passing through
such meter, or intentionally prevents a meter from duly registering
the quantity of water supplied, or in any way interferes with its
proper action or just registration, or, without the consent in writing
of the official in charge of the Water and Sewer Department, intentionally
diverts any water from any pipe or pipes of the Water and Sewer Department
or otherwise intentionally uses, or causes to be used, without the
consent of the Water and Sewer Department, any water produced or distributed
by the department, or whoever, damages or destroys or removes any
meter, or any person who retains possession of or refuses to deliver
any meter or other appliance loaned to him by the Water and Sewer
Department for the purposes of furnishing water, shall, for every
such offense, be guilty of a misdemeanor.
(B)
The
presence at any time on or about any such meter or pipe of any device
or pipes or of a damaged or destroyed meter resulting in the diversion
of water or prevention of its free passage and registration by the
meter or diverting from the meter or resulting in the prevention of
water from reaching the meter, or preventing the just registration
of the water or the taking of any water except through a meter as
above set forth, or where there is no meter, shall constitute prima
facie evidence of knowledge on the part of the person owning or having
custody and control of the room, building, place or premises where
such device or pipe is of the existence, or where there is a damaged
or destroyed meter or where there is no meter, and knowledge of such
existence of such device or pipe or damaged or destroyed meter or
the absence of a meter to the person who would be benefited by the
failure of the water to be properly metered, and shall further constitute
prima facie evidence of intention on the part of such person to defraud,
and shall bring such person prima facie within the scope, meaning
and penalties of this section.
In any case of interfering with the proper function of any water or electric meter installation of the City, or any other use or diversion of service made unlawful by section 51.04 or section 51.05 hereof by any evidence of any tampering or interference with the meter installation, or unlawful use or service diversion, the person having subscribed for electric or water service through any meter installation shall be subject to immediate discontinuance of service, and the City shall be entitled to collect from the customer at the proper rate schedule for all power, energy, and water not recorded on the meter by reason of such tampering or interference with such meter or unlawful use or service diversion (the amount of which may be estimated by the City from the best available data), and for all damages incurred to City metering equipment which result.
(A)
The
City Council may, by resolution, declare that an emergency exists
which imperils the water supply of the City and the health, safety
and welfare of the citizens thereof, and the declaration of such an
emergency and the publication of such declaration in any newspaper
of local circulation shall immediately invoke the provisions of this
section and continue their effect until the emergency is declared
to be averted.
(B)
Upon
declaration of the existence of any emergency under this section,
the City Council may prohibit the use of water to the extent deemed
necessary to preserve an adequate supply of water for human consumption
and sanitation, including the prohibition of the use of water for
sprinkling of lawns, shrubbery and gardens, flushing of business area,
washing of vehicles, or any other use which, in the light of the then
existing water supply, may imperil the health, safety and welfare
of the citizens of the City, and not excluding the prohibition of
the use of the public water supply for industrial purposes, if the
emergency is such that such prohibition is necessary.
(C)
Any
person violating the provisions of this section or failing to comply
with the section to the extent prescribed by the City Council in its
declaration of the existence of an emergency, shall be deemed guilty
of a misdemeanor.
All electric, communication and signal utility facilities placed
within developments for which subdivision plats or site plans were
approved by the City after December 2, 1985, shall conform to the
following requirements:
(1)
Definitions.
In this section:
(a)
Utility service
shall mean electric,
communication, and signal transmission and service, such as electrical,
telephone and cable television service or similar service, in which
lines, cables or wires are used for transmission, distribution or
delivery of the utility service to the end user of such service.
(b)
Utility company
shall mean a person,
firm or corporation which sells or provides a utility service.
(c)
Feeder line
shall mean any line, wire
or cable which distributes, transmits or delivers a utility service
to a general area and not to a specified end user.
(d)
Lateral line
shall mean any line, wire
or cable used to distribute, transmit or deliver a utility service
from a feeder line to two (2) or more sites or end users of the utility
service.
(e)
Service line
shall mean any line, wire
or cable used to distribute, transmit or deliver a utility service
from a feeder or lateral line to an end user.
(2)
Residential.
(a)
All
residential subdivision plats and all multifamily site plans shall
require and provide that all lateral and service utility lines shall
be placed and maintained underground.
(b)
Prior
to the approval of a final plat for a residential subdivision and
prior to the issuance of building permits for a multifamily dwelling,
the plat or site plan, as the case may be, shall have been approved
by the utility company which is to provide utility service to the
residential subdivision or multifamily site.
(c)
Overhead
feeder lines may be provided within a residential subdivision but
only along the perimeter of the platted area of the subdivision.
(3)
Commercial
and industrial.
All utility service in commercial and
industrial developments shall be placed underground, except:
(a)
Feeder
lines located adjacent to or within the right-of-way of thoroughfares
identified on the current thoroughfare plan of the City.
(b)
Lateral
lines placed within alleys or easements identified for aerial utility
service on the approved plat or site plan of the development.
(c)
Where
the development is adjacent to a street, alley or easement which contains
an existing overhead feeder, lateral or service line.
(4)
Placement
of auxiliary equipment.
In those areas in which utility
services are required by this section to be placed underground, all
auxiliary equipment for such utility service, such as transformers,
connection enclosures, switching devices, and amplifiers, shall be
padmounted on grade or shall be placed underground.
(5)
Street
and site lighting equipment.
In those area where electrical
utility service is required to be placed underground by this section,
all street and site lighting equipment shall be placed underground
except for the poles to which the lights are affixed.
(6)
Recovery
of installation costs.
No provision of this section shall
be construed as prohibiting or restricting a utility company from
recovering from its customers the cost of installing underground utility
service as measured by the difference in cost between the cost of
installing overhead utility service and the cost of installing underground
utility service. Utility companies that are subject to the provisions
of this section shall develop written cost reimbursement policies
regarding the installation and extension of underground utility service.
(7)
Temporary
service.
Temporary utility service to construction sites
may be provided by overhead means.
(A)
Findings.
The City Council finds and determines that:
(1)
Virtually
any premise used to conduct a criminal enterprise will have utility
services provided by the City, and if the premises is a commercial
business, the operation will have a certificate of occupancy;
(2)
The
provision of utility services to such premises contributes to the
continuation of the criminal enterprise, and the existence of a certificate
of occupancy implies that the business is legitimate; and
(3)
By
terminating utility services provided by the City to the premises
where the criminal enterprise is located, the City will not be an
unwilling participant in the continuation of a criminal enterprise
nor the recipient of revenues obtained by illegal means.
(B)
Whenever
the Chief of Police or the Building Official has reasonable cause
to believe that a premises is being used to conduct a criminal enterprise,
the Director of Customer Service may, upon receipt of written certification
to that effect from the Chief of Police or the Building Official,
cause all or any utility service provided by the City to those premises
to be terminated. Additionally, or in the alternative, the Building
Official may, if a certificate of occupancy has been issued for the
premises, suspend or revoke the certificate of occupancy.
(C)
The
Director of Customer Service, or the designee of the director, shall
give the person in whose name utility service is received not less
than seventy-two (72) hours written notice of termination of utilities.
The person may appeal the proposed termination by filing a written
notice of appeal with the Building Official not less than one (1)
business day prior to the date specified as the date of proposed termination.
The appeal shall be promptly heard and determined by the Unified Building
Standards Commission. A timely and proper appeal shall stay the termination
of utility service until a final disposition of the appeal is made
by the Unified Building Standards Commission.
(D)
The
Building Official shall give the holder of the certificate of occupancy
for the premises not less than seventy-two hours written notice of
suspension or revocation. The holder of the certificate of occupancy
may appeal the proposed suspension or revocation by filing a written
notice of appeal with the Building Official not less than one business
day prior to the date specified as the date of proposed suspension
or revocation of the certificate of occupancy. The appeal shall be
promptly heard and determined by the Unified Building Standards Commission.
A timely and proper appeal shall stay the suspension or revocation
of the certificate of occupancy until the final disposition of the
matter is made by the Unified Building Standards Commission.
(E)
For
the purposes of this section, a premises is being used to conduct
a criminal enterprise if the premises:
(1)
Is,
or is threatened to be used by a person or persons engaged in organized
criminal activity prohibited under Section 71.02 of the Texas Penal
Code;
(2)
Has
been, within a twelve-month period, the site of three or more violations
of federal, state or local law in which arrests were made or convictions
(including deferred adjudication, probation or administrative sanctions
imposed in lieu of or in conjunction with criminal penalty) were obtained,
and that were aided, abetted, caused, counseled, commanded, induced,
procured or encouraged by the owner or occupant of the premises; or
(3)
Is
knowingly used or made available for use, operated, leased, rented,
or occupied for the purpose of selling, offering to sell, manufacturing,
distributing, storing or using a controlled substance, drug paraphernalia
or other contraband.
(F)
Nothing
in this section shall affect, limit or prohibit the revocation or
suspension of a certificate of occupancy under any other ordinance
or limit or prohibit the termination of utilities in cases of nonpayment
of utility fees, tampering with utility meters, in any case involving
an emergency or a threat to health, life or safety, or the termination
of utilities for any other reason as allowed by law.
(G)
A determination of the Unified Building Standards Commission under subsection (D) of this section may be appealed by any person aggrieved by that determination to a district court located in Dallas County, Texas by presenting a verified petition to the court setting forth that the decision is illegal, in whole or in part, and specifying the grounds the illegality.
The petition must be presented to the court within 30 calendar
days after the date of the final determination of the board. The district
court’s review shall be limited to a hearing under the substantial
evidence rule. The court may reverse or affirm, in whole or in part,
or may modify the determination of the board brought up for review.
(H)
Notwithstanding any other provision of this Code, a person who is within the fourth degree by consanguinity or affinity of the holder of a certificate of occupancy, whose certificate of occupancy is suspended or revoked pursuant to subsection (B) above may not, for a period of one hundred eighty days from the date of the suspension or revocation, apply for a certificate of occupancy in connection with an establishment the certificate of occupancy for which was suspended or revoked. In this subsection, “person” includes each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock.
(Ordinance 4728, sec. 1, adopted 12/07/93; Ordinance 5502, sec. 1, adopted 9/19/00; Ordinance 6896, secs. 1–3, adopted 2/21/17; Ordinance 6952, sec. 19, adopted 1/16/18)
(A)
Utilities
generally.
All utility services offered by the City including,
but not limited to, water, sewer and electricity, are provided “AS-IS”
and without warranty, expressed or implied and no warranty is made,
given or intended that such utility services will be uninterrupted
or adequate, are fit for a particular use or purpose, merchantable,
possess any particular characteristic or quality, or are free of defects.
(B)
Electric
utilities.
(1)
Subject
to the provisions of subsection (A), above, the City will make reasonable
efforts, within accepted industry norms, to provide satisfactory and
continuous electric service, but the City does not guarantee or warrant
a continuous or uninterrupted supply of electric energy or that the
voltage, wave form, or frequency of the electric supply will not fluctuate,
will remain unchanged, or will be suitable or adequate.
(2)
Without
waiving the provisions of subsection (A), above, the City shall not
be liable for:
(a)
Personal injuries (including death) to any person;
(b)
For any damages to property (real or personal); or
(c)
For special, incidental, indirect or consequential damages or for the loss of profit or revenue arising from the provision of electric service by the City (or lack thereof), even if the City has been advised of such possibility, regardless whether such injuries, damages or losses are due to the delivery of electric service, the manner or means of delivering electric service, to service interruption or disruption, to the failure to commence delivery, or to fluctuation in voltage, wave form or frequency, unless caused by the gross negligence or willful misconduct of the City. In any event, the City’s liability shall be limited to and shall not exceed the reasonable cost of necessary repairs of physical damage to the electrical facilities of the customer that were, at the time of damage, properly equipped with the protective safeguards described in subsection (3), below, provided such damages were proximately caused by the services or goods provided by the City. The City shall not be liable for injuries, damages or losses occasioned by accident, breakdown of plant, lines or equipment, pending litigation, acts of God, war, acts of civil disobedience or terrorism, fire or other casualty, shortage of materials, adverse weather conditions, labor action, strikes or similar acts, moratoriums, regulations or actions by governmental authorities, or any other cause beyond the reasonable control of the City.
(3)
Every
electric utility customer shall be responsible for installing and
maintaining such protective devices and equipment as may be desired,
recommended or required to protect the customer’s equipment,
property, or processes during abnormal electric service conditions
or the failure of all or a part of electric service provided by the
City. All wiring and other electrical equipment furnished by the customer
shall be installed, operated, and maintained by the customer at all
times in conformity with good electrical practices and with the requirements
of federal, state and local law, regulations and orders including,
but not limited to, this Code.
(4)
Without
waiving the provisions of subsection (A), the City shall not be liable
for damages, injuries or death resulting from defects in an electric
utility customer’s wiring or for electric current upon the customer’s
premises. Customer shall indemnify the City from all claims for injury,
including death or damage to a person or property occurring on the
customer’s premises.
(Ordinance 5483, sec. 2, adopted 8/1/00; Ordinance 5650, sec. 1, adopted 7/9/02)
(A)
Customer
(1)
(2)
(3)
(4)
Life support system
Service address
Utility service diversion
(1)
(2)
(3)
(4)
Definitions.
In this section:
means:
An individual, partnership, association, firm, public or private
corporation, governmental authority, or other legal entity that receives
City utility service at a service address;
A person who receives the benefit of the City’s utility
service at a service address; or
A person with a service contract under this section.
means a device included on the list in subsection (J) of
this section that requires electric or water service and is certified
by a licensed physician as essential to sustain the life of a resident
of a service address, including an iron lung, ventilator, feeding
pump, or kidney dialysis machine.
means a specific, unique address for a location eligible
to receive City utility service, including a street name, house number,
and, if applicable, a building or unit identification letter or number.
means a person’s unauthorized action to divert utility
service to:
Prevent accurate measurement of utility usage;
Receive the benefit of utility service without the appropriate
City approval;
Alter metering or measuring equipment inhibiting accurate readings
and subsequent billing; or
Alter utility account records or computer data to prevent accurate
billing.
(B)
Claims
arising from the city’s provision of utility services.
A person must file any claim for damages as a result of, or arising from, the City’s provision of, or failure to provide, utility services, in accordance with the procedures prescribed by art. XVII, sec. 4 of the City Charter and any contract claims procedures adopted by ordinance by the City.
(C)
Provision
of utility services to customers.
The City may provide
utility service:
(1)
As
authorized by this section, the rate schedule adopted by the council,
and other applicable City ordinances and regulations;
(2)
To
a valid service address;
(3)
At
an approved point of delivery adjacent to a City utility facility;
(4)
Using
the most direct route practicable from the City’s utility facility
to an approved point of delivery; and
(5)
To
a customer’s installation that complies with applicable Code
requirements.
(D)
Refusal
to provide service to customer or applicant with prior outstanding
utility obligation.
The City may refuse to provide utility
service to a service address if the applicant or customer owes money
to the City for utility service previously provided to the applicant
or customer at that service address or any other service address previously
utilized by the applicant or customer.
(E)
Service
contract created.
(2)
If
a person who has not requested utility service is receiving service
from the City the person may notify the City’s Customer Service
Department, in writing, within 72 hours after the person becomes aware
of receipt of the service, to request that the City disconnect the
service without incurring liability for utility service charges. If
the City receives notice under this subsection later than 72 hours
after the person knows, or reasonably should have known, that the
person is receiving services that were not requested, the person is
liable for utility services charges for the services provided by the
City.
(3)
A
service contract under this section is in effect until cancellation
by the City, the customer, or the expiration of the contract, if such
expiration is set forth in writing, and such service contract includes:
(F)
Customer
responsible for service at their service address.
(1)
A
customer is responsible for utility service provided on the customer’s
side of the point of delivery at the service address, including:
(3)
Notice
of cancellation of utility service must be given to the City’s
Customer Service Department at least 2 business days prior to the
date the customer wants utility service to be disconnected.
(4)
The
City may refuse to accept notice of cancellation of utility service
if the notice is not provided by the person in whose name the account
is established or by a person who presents sufficient evidence demonstrating
their authority to act on the account holder’s behalf.
(5)
A
customer is responsible for providing the Customer Service Department
with a current mailing address to which notices and utility bills
are to be mailed. A customer is responsible for notifying the Customer
Service Department whenever such address is changed.
(G)
Application
for utility service.
(1)
A
person requesting City utility service shall apply to the Customer
Service Department.
(2)
An
applicant for residential or commercial utility service may make such
application by written, verbal, or electronic application as directed
by the Customer Service Department.
(3)
An
applicant shall execute a service application or service agreement
on the form approved by the Customer Service Department’s Director.
At the discretion of the Customer Service Department’s Director,
an applicant may receive utility service without executing a specific
service application or service agreement.
(4)
Except as provided in subsection (6) below, an individual applicant for service shall provide one of the following forms of identification:
(5)
A
non-individual applicant or applicant for commercial service shall
provide a Federal tax identification number.
(6)
The
Customer Service Department may develop guidelines establishing exceptions
to the identification requirements under this subsection. The Customer
Service Department’s Director may grant an exception to the
requirements of this subsection based on those guidelines.
(7)
The
City may require an applicant for utility service to produce verifiable
proof of the applicant’s right to occupy a service address,
including a date of occupancy, before the City establishes, reconnects,
or changes utility service for any customer at the service address.
(8)
A
non-owner applicant for utilities at single-family rental property
or individually metered multifamily rental property must establish
the account in the name of the lessee and provide a copy of the current
lease covering the service address.
(H)
Denial
of utility service.
The City may deny an application
for utility service or refuse to establish utility service if:
(1)
The
applicant is not in compliance with the state, federal, or municipal
laws or regulations relating to the utility service applied for;
(2)
The applicant, customer, person receiving the utility service, or person responsible for payment of the utility service sought to be obtained under the application has an outstanding utility invoice, excluding an invoice subject to a hearing under section 51.12(B); or
(3)
The
applicant’s installation or equipment creates a hazard, cannot
be connected to utility service, or the building or structure to be
served:
(I)
Payment
for utility service.
(1)
Payment for utility service is due and late payment penalties may be assessed as provided in section 50.30 of this code.
(2)
The
City may charge a customer’s account a returned payment fee
each time a customer’s check, debit card payment, credit card
payment, electronic funds transfer, or other authorized manner of
payment is returned unpaid for a reason other than a verified vendor
error.
(3)
If
a customer has two returned payments within a twelve-month period,
the customer must make the customer’s future payments by cash
or money order until the customer has demonstrated the ability to
timely and properly pay the account for twelve consecutive months.
(4)
If
a customer has three returned payments within a thirty-six month period,
the customer must make the customer’s future payments by cash
or money order until the Customer Service Department’s Manager
determines the customer has sufficiently demonstrated the ability
to timely and properly pay the account.
(5)
The
City may, but is not required to, agree to allow a customer to make
deferred payments on a utility service account based on uniform guidelines
for collections and deferred payment agreements established by the
Customer Service Department’s Director.
(J)
Life
support system list.
(1)
The
City may maintain a list of service addresses at which persons with
reported and validated life support systems receive service. A customer
may request the City include the customer’s service address
on the life support system list by filing an application with the
Customer Service Department. To remain on the list, a customer with
an authorized life support system must notify the City, annually,
that the life support equipment is at the customer’s service
address by filing an updated application with the Customer Service
Department.
(2)
An
application to be included on the life support system list shall include:
(a)
Documentation of the life support system;
(b)
Certification by a licensed physician that the equipment is essential
to sustain the life of a resident at the service address;
(c)
Authorization for on-site inspection and validation of the equipment
by City personnel both during an emergency and at other reasonable
times; and
(d)
The name, address, and telephone number of a relative or other contact
person.
(3)
If
utility service to a service address where a properly registered and
validated life support system exists is to be disconnected, other
than at the request of the customer, after notice is provided under
subsection (K)(3) of this section and within ten days before the City
disconnects utility service at a service address where a life support
system is registered, the City should, when practicable, make an additional
attempt to notify the customer that service may be disconnected. Notice
under this section may be delivered by mail, hand delivery, electronic
transmission, or telephone, either by pre-recorded message or in person.
If the City is unable to contact the customer after three attempts,
the City may disconnect the customer’s utility service notwithstanding
the existence of a life support system.
(4)
This
section does not guarantee uninterrupted utility service nor does
it create liability for the City as a result of loss of service or
disconnection of service to a customer on a life support system.
(K)
Termination
of utility service.
(1)
The
City may disconnect a customer’s utility service without notice:
(a)
At the request of the customer;
(b)
If the City determines that there is:
(i)
Utility service diversion;
(ii)
A dangerous condition that creates a threat to public health,
safety, or property;
(iii)
An unlawful use or theft of service;
(iv)
A violation of a City ordinance, or state regulation governing
the provision of utility service;
(v)
Fraud in obtaining service;
(vi)
A violation of the City’s building, housing, mechanical,
electric, plumbing or fire codes;
(viii)
If a notice or utility bill mailed to a customer is (a) returned
to the City as undeliverable; or (b) the City is given notice by the
post office that a notice or utility bill has been forwarded to an
address other than the address of record for the customer, and the
customer has an account balance that is more than 45 days past due;
(ix)
If an individual or entity in whose name an account exists,
dies or loses its legal ability to do business in Texas and the account
is not transferred to a living individual, estate or entity with the
legal ability to do business in Texas within 30 days of the death
or loss of legal right to do business in Texas.
(c)
If a customer’s payment has been returned for a reason other
than a verifiable vendor error; or
(d)
If the customer pays for restored service with a payment that is
returned for insufficient funds.
(2)
The
City may disconnect a customer’s utility service after notifying
the customer, if the customer:
(3)
Except as provided is subsection (1) above, the City should when practicable notify a customer if the City intends to disconnect the customer’s utility service. The notice shall be in English and Spanish. Notice under this subsection may be delivered by mail, hand delivery, electronic transmission, or telephone, either by pre-recorded message or in person and should include:
(4)
The City may not disconnect utility service, except in accordance with subsection (1) above, if:
(a)
The sole reason for the disconnection is that a customer fails to pay an invoice that has been properly disputed under section 51.12 before a final determination on that dispute is made by a hearing officer;
(b)
The sole reason for the disconnection is that a customer fails to
pay an estimated invoice that was not produced by an approved meter
reading plan, unless:
(c)
The sole reason for the disconnection is that the previous customer
at the service address is delinquent in payment, unless the current
customer is also liable for the service under this section or state
law;
(d)
The customer is making payments under a deferred payment agreement
and the reason for the disconnection is the failure to pay a delinquent
utility account balance for an account covered by the deferred payment
agreement provided the customer:
(e)
The premises is a building containing two or more separately occupied
residential units invoiced as a single account unless the City has
provided notice in writing or by telephone to each separate unit that
service may be disconnected without further notice on or after the
third day following the date of the notice. Such notice should include:
(5)
The
City may not disconnect utility service if that disconnection is prohibited
by section 13.250 of the Texas Water Code.
(6)
During
an extreme weather condition the Customer Service Department’s
Director may place an extreme weather moratorium on disconnecting
one or more types of residential utility service for nonpayment if,
according to the National Weather Service, the weather report for
Dallas County is such that:
(a)
The previous days’s highest temperature did not exceed 32 degrees
Fahrenheit and the temperature is predicted to remain at or below
32 degrees Fahrenheit for the next 24 hours;
(b)
The temperature is at or above 100 degrees Fahrenheit for three consecutive
days and the temperature is forecast to reach or exceed 100 degrees
Fahrenheit for the next two days: or
(c)
A heat advisory has been issued for the two previous calendar days
or Dallas County is currently under a heat advisory.
(7)
The
City should restore disconnected service within a reasonable time
if the customer pays the full balance of the customer’s utility
account or enters into a deferred payment agreement which is accepted
by the City and the customer delivers proof of payment and a request
for reconnection to the Customer Service Department. The full balance
due on the customer’s utility account may include any applicable
penalties, fees, deposits, estimated costs of utilities not recorded,
costs of damage to City equipment or any other fee or expense properly
charged to a customer’s account.
(L)
Right
to dispute an action, policy, decision or invoice.
(1)
A person may dispute an action, policy, decision, or invoice relating to utility service as provided in section 51.12.
(2)
The
City shall endeavor to provide each customer with a summary of the
customer’s rights under this section in a form designated by
the Customer Service Department’s Director on an annual basis
and such summary shall be available upon request during reasonable
business hours at the Customer Service Department’s offices.
(Ordinance 6432, sec. 1, adopted 10/19/10)
(A)
Any
person who wants to dispute an action, policy, decision, or invoice
relating to utility service must contact the Customer Service Department’s
Manager and request an administrative review.
(1)
A
request for administrative review under this section shall include:
(2)
The
Customer Service Department’s Manager, or his designee, shall
attempt to resolve the customer’s dispute. If the dispute cannot
be resolved through an administrative review, the manager or a person
designated by the manager, shall:
(B)
A person
may appeal an administrative review by filing a written appeal requesting
an administrative hearing with the City Manager’s office, with
a copy to the Customer Service Department’s Director on or before
the third business day after being notified of the result of the Customer
Service Department Manager’s administrative review.
(C)
A person
may not request an administrative hearing if:
(1)
The
person did not request and receive an administrative review;
(2)
The
person did not request an administrative hearing on or before the
90th day after the customer knew or should have known about the subject
of the dispute; or
(3)
The
person is disputing:
(a)
The terms or denial of a deferred payment agreement;
(b)
The customer’s financial inability to pay for utility services
provided by the City;
(c)
The rate schedule;
(d)
The occurrence of a utility service diversion, unlawful use of service,
damage to City utility equipment, or a violation of applicable law;
(e)
The amount of undercharged costs or charges assessed for a utility
diversion, unlawful use of service or damage to City equipment;
(f)
Unexplained high utility consumption if a meter has been tested and
is determined to be accurate:
(g)
Denial or discontinuance of utility service based on a danger to
public health or safety or due to the operation of a criminal enterprise;
or
(h)
The amount of a security deposit.
(D)
A hearing
under this section shall be held by a hearings officer appointed by
the City Manager. A hearings officer may not be an employee of a utility
department involved in the dispute.
(E)
Not
later than the third day before the date of an administrative hearing,
the Customer Service Department’s Director shall provide the
appellant with notice of the time, date, and location of the hearing
either in person, by telephone, by confirmed facsimile transmission,
or by mail to the address listed on the request for administrative
review or appeal or the appellant’s most recent address on file
with the Customer Service Department.
(F)
Except as provided in subsection (G) below, if an appellant fails to appear at an administrative hearing, the hearings officer may enter a default judgment against the appellant.
(G)
The
City and the appellant may agree to waive appearances at an administrative
hearing and submit the dispute to the hearings officer in writing.
(H)
The
appellant may appear in person and may be represented by counsel.
If an appellant is represented by counsel, the appellant must notify
the City on or before the second business day before the hearing.
If the City does not receive notice under this subsection the hearing
officer may:
(1)
Reschedule
the administrative hearing;
(2)
Bar
appellant’s counsel from participating in the hearing, although
counsel may still be present solely as an observer; or
(3)
With
the consent of the City Attorney, permit counsel to participate in
the proceedings as if notice of counsel had been properly given.
(I)
The
appellant may make one request to reschedule an administrative hearing
before the City reinstates utility service termination procedures,
if such procedures have been stayed pending the resolution of the
appeal, for a period not to exceed 14 calendar days from the date
of the original hearing date. The City may agree to the date and time
of a hearing rescheduled under this subsection on a date after the
14th day after the date of the original hearing. If an appellant makes
a second request to reschedule an administrative hearing, the City
may terminate the customer’s utility service if such procedures
have been stayed pending resolution of the appeal.
(J)
If the
City does not agree to an appellant’s second or later request
to reschedule, the hearings officer may not reschedule an administrative
hearing and shall issue a decision on the merits of the appeal.
(K)
The
hearings officer may deliver an oral decision at the close of a hearing
and shall deliver a written decision not later than the 10th business
day after the close of the hearing or, if the hearings officer requests
additional information from the parties, the 10th business day after
such information has been provided to the hearings officer or it has
become apparent to the hearings officer that such additional information
will not be provided as requested.
(L)
A hearings
officer may not base the officer’s decision on a judicial decision
from a case to which the City was not a party.
(M)
If a
hearings officer rules against an appellant, the hearings officer’s
decision shall include:
(N)
If a
hearings officer rules completely or partly in favor of an appellant,
the hearings officer’s decision shall include:
(O)
After a request for administrative hearing has been filed under subsection (B) above, and before a ruling on a hearing under this section, the City shall continue to provide a customer with utility service unless:
(1)
The
service was disconnected before the customer requested a hearing;
(2)
The
customer fails to pay for utility services provided after a hearing
was requested;
(3)
The
customer’s service is transferred;
(4)
Termination
is required to protect public health and safety;
(5)
The
customer requests termination of the utility service; or
(P)
If a customer’s utility service is disconnected before the customer requested a hearing, the City shall reconnect utility service if the customer pays the fees authorized in the rate schedule and other applicable provisions of Chapter 50 and Chapter 51 of this code. The City shall refund any reconnection fees if the hearings officer rules in favor of the customer.
(Ordinance 6432, sec. 2, adopted 10/19/10)
(A)
The
City Manager is hereby authorized to implement a program applicable
to federal employees and contractors affected by a shutdown of federal
operations that may include the following features or components:
(1)
Deferring
the collection of payment for utilities provided by the City (water,
sewer, solid waste collection, stormwater management, and electricity);
(2)
Deferring
utility termination and cut-off for nonpayment;
(3)
Waiving
the collection of penalties and interest; and
(4)
Reversing
or waiving returned check or similar insufficient fund charges received
by or to be paid to the City for attempted payment of utility charges.
(B)
The
program shall be applicable to an employee or a contractor who is
a natural (non-corporate) citizen of Garland employed by or contracted
with the federal government who:
(1)
Is
in good standing as an employee or contractor of the federal government
and employed by or contracted to a department affected by a federal
shut-down;
(2)
Is
a primary or secondary account holder on the City utility account
(not merely a resident of the service address);
(3)
Has
not had a utility cut-off by the City within the preceding 12 months;
(4)
Has
had no more than three late payments to the City within the preceding
12 months;
(5)
Is
able to provide suitable confirmation of current employment status
by documentary or other acceptable proof.
(C)
The
City Manager or his designee may offer the affected customer an agreement
under which the affected customer may defer payment on City utilities
for up to six months following the end of the federal shutdown. The
City Manager may require the execution of a deferred payment agreement
or other documentation determined to be necessary or useful by him
in the implementation of this program. The City Manager shall notify
the City Council that the authorization provided by this section has
been activated.
(Ordinance 7039 adopted 2/19/19)
