City of River Oaks, TX Water Service Policy

There are four water districts in the city. The billing dates for each district are as follows:

District	Billing Date	Due Date	Disconnection Date
1	15th of each month	16 days after the billing date of the month**	26 days after the billing date of the month***
2	15th of each month	16 days after the billing date of the month**	26 days after the billing date of the month***
3	30th of each month *except February	16 days after the billing date of the month**	26 days after the billing date of the month***
4	30th of each month or *except February	16 days after the billing date of the month**	26 days after the billing date of the month***

*	February has 28 days or in leap year there are 29 days, for the month of February the billing date and due date will always be on the last day of February.
**	For the purpose of this section, the due date is 16-days from the billing date at 5:30 p.m. unless the due date falls on a holiday or weekend, then the due date for payment purposes is extended to the next business day.
***	In this section, the disconnection date shall be the twenty-sixth (26th) day after the billing date or ten (10) days after the 10-day late notice is sent to the customer, whichever is later. If the disconnection date falls on a holiday or weekend, then the disconnection will be delayed to the next business day at 7:30 a.m.

Charges for the city's water and sanitary sewer services furnished shall be due on the sixteenth (16th) day after the billing date, unless the due date falls on a holiday or weekend, then the due date for payment purposes is the next business day. The account shall become past due sixteen (16) days after the billing date if the city does not receive payment by no later than 5:30 p.m. on the due date. If the customer fails to pay the bill by the due date and has an account balance of $5.00 or greater, the account shall be assessed a late charge of 10% of the past due amount or $5.00, whichever is greater. Payments received in the mail drop box at city hall after 5:30 p.m. on the due date will be past due.

The water utility office will send out late notices to each premises in which the account has become past due at the time the account is assessed with the late charge. In addition to describing the late charge, the late notice will advise the customer that if the past due balance is not paid by the disconnection date, then such delinquent utility accounts will be scheduled for disconnection at 7:30 a.m. the following day. If the disconnection date falls on a holiday or weekend, then the disconnection will be delayed until the next business day at 7:30 a.m. The account holder must contact the utility office in order to make any payments or payment arrangements prior to 5:30 p.m. on the disconnection date. Payments received in the drop box after 5:30 p.m. on the disconnection date shall be scheduled for disconnection.

If a customer's account is not paid by 5:30 p.m. on the disconnection date and has an account balance of $20.00 or greater or a written payment agreement with the city manager or designee has not been made by the 5:30 p.m. on the disconnection date, the customer will automatically be charged a $25.00 administrative fee and the water service shall be disconnected on the following business day beginning at 7:30 a.m. Payments received in the drop box after 5:30 p.m. on the disconnection date for an account with a balance of $20.00 or greater shall be scheduled for disconnection.

(Ordinance 1292-2020 adopted 9/22/20; Ordinance 1408-2024 adopted 2/6/2024)

§ 13.02.033 Payment arrangements.

In order to avoid utility service disconnection for a delinquent account, the account holder must contact the utility office prior to 5:30 p.m. on the disconnection date and make arrangements to pay the utility charges.

The city maintains a form for such payment arrangements, and any payment arrangement must be documented on that written form, which is located at the city hall. The person whose name is recorded on the utility account must sign the payment arrangement form or other authorized responsible party as the responsible account holder including but not limited to the spouse or other responsible party.

The city manager or designee is responsible for reviewing payment arrangement requests and must approve the payment arrangements before such arrangements are accepted on behalf of the city.

The city reserves the right not to approve any payment arrangement in excess of four times in a calendar year or on any account that has a history of delinquency or if the city official determines that the reason for requesting a payment arrangement is not a legitimate reason for an extension of time.

Payment arrangements with the city are allowed to be extended for payment up to 20 days after the disconnection date and failure to keep any payment arrangement with the city will result in disconnection of utility service without further notification.

The city manager or designee can make deferred payment arrangements exceeding thirty (30) days without city council authorization. Payment arrangements in excess of thirty (30) days are required to be made by written agreement signed by the account holder as the requestor and authorized by the city manager or designee.

(g)

Payment arrangements are determined upon a case-by-case basis and may be granted in length from 0 to 180 days unless otherwise approved by the city council or during times that a disaster has been issued giving the city manager authority to act alone during a proclaimed disaster.

(h)

If a payment arrangement is not paid by 5:30 p.m. on the scheduled date and has an account balance of $5.00 or greater by this date and payment has not been made by 5:30 p.m. on the scheduled date, the water service shall be disconnected on the following business day beginning at 7:30 a.m. unless the disconnection date falls on a holiday or weekend, then the disconnection will be delayed until the next business day at 7:30 a.m. at the time of disconnection, the customer will automatically be charged a $25.00 administrative fee and the arrangement will be deemed a failed payment arrangement. After a failed payment arrangement, a second request for a payment arrangement within the same calendar year must be pre-approved by the city manager and is subject to a 20 percent down payment. Any payment arrangement requests within the same calendar year where there have already been 2 or more failed payment arrangements could be denied for the remainder of the calendar year.

(i)

Any appeal of the payment arrangement as determined by the city manager or designee is to be made in writing to the city council. The city council's decision is final.

(j)

The city reserves the right not to make payment arrangements or approve any application for water and/or utility service when it is discovered that the account holder is not the person currently occupying the premises.

(Ordinance 1292-2020 adopted 9/22/20; Ordinance 1408-2024 adopted 2/6/2024)

§ 13.02.034 Insufficient funds.

If a person pays any charge with a check that is returned for insufficient funds, an additional $25.00 charge will be assessed, and the person must pay all the charges due at that time with a money order, certified cashier’s check, or cash.

(Ordinance 840-2010 adopted 5/11/10)

§ 13.02.035 Authority to discontinue service.

The city manager or designee may refuse application for utility service, discontinue utility service, or refuse to restore utility service to:

Any customer who fails to pay any charges due under the code or any ordinance of the city, or as set forth in this policy;

Any person making application for utility service at an address, if the person has delinquent charges outstanding at another address; or

Any customer at any premises if the water superintendent or plumbing inspector reports and confirms that a substantial waste of water or a health hazard is occurring as a result of leaking, damaged, open, or disconnected private laterals, pipes, or drains on the premises.

(Ordinance 1239-2019, sec. 69, adopted 8/13/19)

§ 13.02.036 Additional procedures for certain customers.

After receiving written confirmation from county human services, or other recognized organizations, for payment of a customer’s bill, the utility office shall grant an extension to that customer for the date indicated on the confirmation.

The utility office may either make telephone calls or send out notices as “door tags” prior to the termination of utility service to any apartment building, funeral home, church, school, or commercial business or establishment, that are on the cutoff list with 24-hour notification that their utility service will be disconnected if payment is not received by the utility office.

(Ordinance 840-2010 adopted 5/11/10)

§ 13.02.037 Disconnection of utility service.

All water accounts that are considered delinquent will be disconnected as of 7:30 a.m. on the following business day after the disconnection date unless the disconnection date falls on a holiday or weekend, then the disconnection will be delayed to the next business day at 7:30 a.m.

Delinquent accounts are subject to be finaled 14 days following disconnection of utility service unless all delinquency is paid in full.

Once finaled the delinquent amount owed will be deducted from the account deposit if there is sufficient amount from the deposit to cover the delinquent amount. Remaining overages, if any, from the water deposit after the delinquent amount is satisfied will be mailed to the customer at their last known mailing address. If the amount of the deposit does not cover the delinquency, the account holder will be responsible for the amount due.

When it becomes necessary for the city to discontinue utility service to an account holder for a delinquency in their utility account or for nonpayment of bills, service will be reinstated only after all fees and bills for service then due have been paid and any deposit required has been made. Additional reasons for disconnection of service are:

Suspicion of leak (meter dial spinning, water running down the street, etc.);

Returned check not paid within 3 days of notification;

Customer request in writing;

Order of the building official due to substandard violations that constitutes a structure being unsafe to occupy;

(5)

Failure to comply with the backflow assembly testing requirements performed by a certified and registered backflow prevention assembly tester in accordance with the TCEQ regulations (section 3.05.379 "testing of assemblies"); or

(6)

Backflow entering or threatening to enter the public water supply from any premises (section 3.05.397 "nuisance").

Authorized city personnel are not required to knock on the door of customers for notification of service being discontinued.

No payments may be taken in the field and the city employee will not delay the disconnection or return at a later time to allow the customer to go make payment.

If the meter cannot be locked, the meter reader or authorized city personnel will make a note for office personnel. Follow-up on the account will be done on a daily basis to assure that the meter has not been turned back on until such time that the meter reader or authorized personnel can change out the meter so that it can be locked.

In order to delay disconnection of water service for any reason as provided for in this policy for an extended period up to 48 hours, the account holder must provide a written and signed affidavit from a physician. Extended time limits over 48 hours can only be approved by the or city manager or designee and may require additional written documentation of support from the attending physician in accordance to law in order to be approved. All such extended requests are also subject to ratification by the city council at the next regular council meeting following the date of notice of extension by the account holder.

(Ordinance 840-2010 adopted 5/11/10; Ordinance 1239-2019, sec. 70, adopted 8/13/19; Ordinance 1408-2024 adopted 2/6/2024)

§ 13.02.038 Waiver of charges; adjustments to bill.

Responsibility for leaks.

Responsibility for leaks lies with the customer from the meter to the house. If the leak is on the street side of the meter, it will not register on the meter and will not affect the customer's bill. If the leak is on the customer's side of the meter, it is the customer's responsibility to have it repaired and no adjustment to the bill will be made except that a customer may apply for an adjustment of the water bill for an account because of a significant increase in water consumption that can be proven to the city manager or his or her designee to be the result of a leak past the water meter in the customer's water line serving the service address. In order to qualify for an adjustment because of leaks, the following conditions otherwise known as the city's leak adjustment policy must be met:

The customer may apply for a leak adjustment on forms provided by the city's water department;

The account is an active account in good standing with a separate meter in which the customer has been at the same service address for at least one year;

If it is a single-family residential account, the customer must be living at the address and the account must be in the requestors name or in the name of the authorized user;

If it is a commercial account, the account must be in the business name and the authorized user may request the adjustment;

(5)

Leak must be repaired in a timely manner; if city staff notifies customer of leak at the property, then the repairs need to be completed in 60 days;

(6)

The account for the service address must have an increase in consumption; or, usage for the billing period or periods for which the adjustment is sought that exceeds the average of the (12) previous billing periods by 33-percent or more;

(7)

The adjustment to water charges because of leaks shall be made only once in a 12-month period at the service address and shall not be for more than two consecutive billing periods where a 33-percent or more increase in consumption occurs; and

(8)

It is the customer's responsibility to contact the permits department to inquire into any permit requirements. Unpermitted repairs will disqualify account from a leak adjustment.

(A)

All leaks must be repaired fully prior to application;

(B)

Any required plumbing permits must be obtained; and

(C)

Repairs requiring permit must pass inspection; and

(9)

The customer presents a receipt showing payment for work repairing leaks by a professional plumber at the service address within 30 days from the time the adjustment is sought; or the customer presents a receipt showing purchase of plumbing supplies and materials that would be necessary for the repair of the leak within 30 days from the time the adjustment is sought and if requested, furnishes proof to the public works director or designee of actual parts and or pipe removed from the system that exhibit damage sufficient to cause a significant water loss; and

(10)

If the account qualifies for an adjustment, then the adjustment will be made for the two (2) highest qualifying billing periods as follows:

(A)

The average consumption for the twelve (12) months prior to the adjustment period shall be calculated and this average rounded to the nearest cubic feet shall be subtracted from the actual consumption for each billing period for which the adjustment is sought;

(B)

The result shall be divided by two (2) for and the resulting figure (amount of cubic feet of water) will be reimbursed to their account one half the water loss of the 2 highest bills during the "leak period";

(C)

Penalties incurred on accounts while the adjustment request is pending, may be considered to be waived;

(D)

For single-family residential accounts only if the leak occurs in the sewer winter month averaging period (November, December, or January), the consumption for sewer calculations for those months shall be the adjusted amount in subsection (10)(B) above rounded to the nearest 100 cubic feet in accordance to the sewer rate chart. There shall be no adjustment for sewer outside of the winter month averaging period;

(E)

There shall be no adjustments for the sewer on commercial accounts;

(F)

With the winter averaging method of calculating the sewer, the city does not make water adjustments for filling swimming pools;

(G)

Adjustments are not normally issued for sprinkler head leaks, toilet leaks, dripping faucets or other above ground leaks unless upon review by the city manager or his/her designee, it is determined that an unusual situation has occurred. It is a defense to the customer if a police report has been filed for criminal mischief;

(H)

Prior history will be screened on an individual basis to ensure that this policy is not being abused by individuals who do not fix their leaks or make necessary repairs to mitigate leak prone piping and expect adjustments every 12 months; and

(I)

The application form shall contain a statement setting forth an understanding that the application is a government record subject to criminal prosecution for false statements under chapter 37 of the Texas Penal Code, and the customer must state that the application contains no false statements.

Defective equipment.

If the customer questions the accuracy or correctness of the water meter, the meter can be tested. If the metering equipment is shown to be malfunctioning, the excess amount as taken from the total cubic feet of water used shall be credited to the customer’s account. If no error is found in the equipment, the customer shall be charged a meter test fee as established by the city code or by ordinance. In addition to the meter test fee, the customer shall pay any actual costs as charged by any independent testing companies utilized to test the meter.

Misreads of meter.

If the customer establishes that the meter has been over read, then the utility manager will make an adjustment to the customer’s account based on the actual meter reading differences.

City council action.

Any customer disputing the correctness of his bill or charges has a right to be heard by the city council. Requests for delays or waiver of payment not in accordance with this policy will not be considered; only questions of proper and correct billing will be considered by the city council. If the customer requests to be heard before the city council, the customer will be temporarily removed from the cutoff list until the matter is resolved, if payments are made during this time period. The customer will be required to pay amounts on the disputed account equal to the amount of the same month of the previous year’s bill pending resolution before the city council. In the absence of payment of the bill rendered, service will be discontinued at the specified time. Only the city council may approve a reduction or waiver of fees and charges other than as specified in this policy, and only when it is based on extraordinary circumstances.

Upon approval by the city secretary/assistant city secretary a late fee can be waived once annually upon request by the account holder.

Upon approval by the city secretary/assistant city secretary an administration fee can be waived once annually upon request by the account holder when there is acceptable written proof provided by the account holder that justifies there being an unforeseen emergency resulting in the account holder’s inability to pay the utility bill on time.

(Ordinance 840-2010 adopted 5/11/10; Ordinance 1180-2018 adopted 4/10/18; Ordinance 1239-2019, sec. 71, adopted 8/13/19; Ordinance 1295-2020 adopted 10/27/20; Ordinance 1363-2022 adopted 10/25/2022; Ordinance 1371A-2023 adopted 3/14/2023)

§ 13.02.039 Reconnection.

Service for accounts turned off due to nonpayment will not be reconnected until the delinquent bill is paid in full and only after all accounts on the cutoff list have been disconnected, unless due to an office error.

Service will be restored within the same day the delinquent bill is paid in full; however, bills paid after 5:00 p.m. in the drop box or by web payment will not be restored until the next business day.

If a customer is disconnected due to nonpayment and pays the delinquency online, the customer is required to call the water department to get reconnected.

Someone over the age of 18 will need to be home to sign an affidavit for the reconnection of water.

If a door tag is received by the customer requesting reconnection after payment and are not at the property to sign the affidavit; a $15.00 fee (for each offense) will be added to the customer’s account to be reconnected.

If applicable, when water service has been disconnected due to nonpayment, there will be an additional charge for water turned back on after normal business hours as provided for in section 13.03.009 of this code.

(g)

All applicable fees pursuant to section 13.03.009 of this code when applicable, including but not limited to a pull meter charge, upon approval by the city manager or his/her designee may be included on the next monthly bill.

(Ordinance 1077-2015 adopted 7/14/15; Ordinance 1239-2019, sec. 72, adopted 8/13/19; Ordinance 1354-2022 adopted 8/9/2022)

§ 13.02.040 Requirements for new applications for utility service.

When required, the applicant must first make application for a certificate of occupancy inspection at the address the utility service is being requested for.

Applicant must file an application for water service with the water utility office.

Applicant must pay the most recently adopted utility deposit fee and service charge as required by this code.

Application for utility service, if applicable, includes the following:

Applicant must provide a valid United States government issued or consular issued photo identification card.

Applicant’s telephone number.

Mailing address.

Billing address.

Date of application.

Date service will commence.

(7)

Applicant’s signature required on application for water service, indicating that applicant agrees to all of the provisions stated on the application form.

(8)

Applicant must provide a closing disclosure, current lease or current property management agreement with his/her name on the paperwork. Lease agreements must have the move in dates and list which party is responsible for paying the utility bills.

(9)

Proof may be required to substantiate that the person making application for service is the same person, and that avoidance is not being attempted in order to keep the previous person on the account that is still living there from having to pay the delinquent bill on the account.

When required, permanent water service cannot be commenced until after the certificate of occupancy inspection is performed by the city’s inspection department.

(Ordinance 840-2010 adopted 5/11/10; Ordinance 956-2012 adopted 10/23/12; Ordinance 1239-2019, sec. 73, adopted 8/13/19; Ordinance 1354-2022 adopted 8/9/2022)

§ 13.02.041 New application for premises with delinquent charges.

When new application is not accepted.

If water service has been discontinued, refused, or noticed for discontinuance at the premises, a new application will not be accepted from another person to resume service under another name so long as the previous customer continues to occupy or own the premises as his residence or place of business until:

Delinquent charges are paid;

Arrangements for payment satisfactory to the city manager or designee are made; or

The violation is abated.

Avoidance.

This applies to premises where service is being requested by another tenant to be transferred into their name as the account holder with the intentions of avoiding payment or enforcement of these provisions due to delinquent charges incurred by the previous tenant or account holder.

Proof may be required to substantiate that avoidance is not being attempted in order to reactivate utility service at the address where the utility service was disconnected due to delinquent charges.

Applications for utility service where the service has been disconnected and finaled due to delinquent charges will require a new deposit including payment of the applicable deposit fee, administrative fee, pull meter charge (if applicable), and set meter charge (if applicable) as provided for in section 13.03.009 of this code.

(Ordinance 840-2010 adopted 5/11/10; Ordinance 1239-2019, sec. 74, adopted 8/13/19)

§ 13.02.042 Water lien procedure.

Authority; exception for certain rental property.

The city is authorized, in accordance with the provisions of section 402.0025 [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 water service to the property. This section 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 utility manager 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 or by certified mail, return receipt requested.

Notice of lien.

Before recording of a water lien, the city secretary or designee 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 notice.

Absence of receipt of notice does not affect the enforceability of a lien.

When lien is perfected.

The lien may be perfected when charges incurred by a customer for water service become delinquent and other means for collecting the delinquent charges have been unsuccessful.

Form of lien.

The form of the lien must contain:

A statement indicating the purpose of the lien;

The address of the property, which is the subject of the lien, if the address is ascertainable;

A legal description of the property, which is the subject of the lien;

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.

Execution and recording.

The lien must be executed by the city manager, acknowledged by a notary public of the state, and filed in the deed or lien records of the county in which the property is located. The filing fees will be paid by the city and included as part of the lien charges.

(g)

Priority of lien.

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 deed or lien records of the county in which the property is located.

(h)

Additional charges.

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.

(i)

Suit to foreclose.

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.

(j)

Release of lien.

Upon certification by the city secretary 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 filed in the deed or lien records of the county in which the property is located.

(k)

Cumulative remedies.

This section 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 section does not affect the authority of the city to refuse or to furnish service when delinquent charges exist.

(Ordinance 840-2010 adopted 5/11/10; Ordinance 1239-2019, sec. 75, adopted 8/13/19)

§ 13.02.043 Permits required.

It is the homeowner’s or authorized agent’s responsibility to obtain the required plumbing permits in order to make any installation, alteration, repair, and replacement or remodeling of any plumbing system regulated by the Uniform Plumbing Code, as amended.

(Ordinance 840-2010 adopted 5/11/10)

§ 13.02.044 Utility customers who become deceased.

Upon the death of any utility customer, the administrator of the deceased customer’s estate or relative of the deceased customer has 45-calendar days from the date of death to change the name on the utility account to the relative or administrator of the estate and pay the required utility deposits.

If the name is changed within the 45-calendar days, the meter will be read and a final bill for the deceased customer will be generated with any deposits paid by the deceased customer applied to the final bill.

Administrator of the deceased customer’s estate or relative must provide the city with the appropriate address for the estate, so that the final utility bill can be mailed to the appropriate address for payment.

Upon the date that the meter is read, the administrator or relative will begin to receive the utility bill in his/her name.

If the name is not changed within 45-calendar days, then the account and corresponding utility service will be disconnected, and a final bill generated with any deposits paid by the deceased customer will be applied to the final bill. The final bill will be mailed to the last known address.

Exception.

The living spouse of a utility customer who has become deceased is required only to present a certified death certificate of the utility customer who has become deceased in lieu of applying for new water service.

The city manager or designee may consider such factors including probating wills and time involved in appointing administrators of an estate and in such cases where that time limit would exceed the 45 days to be authorized without council approval to extend those time limits accordingly up to a maximum of 180 days.

(Ordinance 1027-2014 adopted 6/10/14; Ordinance 1239-2019, sec. 76, adopted 8/13/19)

§ 13.02.045 Bill delay procedures.

Definitions.

Disabled individual.

Under this section means an individual that is authorized by the Federal Social Security Administration.

Elderly individual.

An individual who is 60 years of age or older.

Utility.

An electric, gas, water, or telephone utility operated by a public or private entity.

Elderly individual.

Pursuant to the Utilities Code in section 182.002 "delay of bill payment date for elderly individual," the delay of bill payment date for the elderly individual, upon request by an elderly individual, a utility shall delay without penalty the payment of a utility bill for providing utility service for that elderly individual until the 26th day after the bill is issued as provided:

Late penalty waiver.

A customer who is 60 years of age or older may request, in writing, a standing waiver of the late penalty, for utility payments made after their due date. Late payments will still initiate a late notice, and the actual payment history will be recorded. Non-payment of the utility account by the disconnect date on the late notice will result in disconnection. The disconnection fee will not be waived.

Age must be verifiable.

Waiver applies only to the account holder; account holder must occupy the entire residence for which the delay is requested. A utility may require an individual requesting a delay under this subsection to present reasonable proof that the individual is 60 years of age or older.

Request for delay.

An elderly individual may request that the utility implement the delay for the most recent utility bill; or the most recent utility bill and each subsequent utility bill.

Certification of applicant.

A signature will be required to certify that customer has met all of the provisions as provided for in this section for the delay of bill payment date for elderly individuals; and met the city requirements and certify that they understand that the request is not transferable to any other person or tenant and if for any reason the status as the occupant ceases then any approval of this application is rescinded in its entirety.

Disabled Individual.

A customer who is disabled, as authorized by the Federal Social Security Administration, may request, in writing, a standing waiver of the late penalty, for utility payments made after their due date as set forth above in subsection (b) “elderly individuals.” Late payments will still initiate a late notice, and the actual payment history will be recorded.

Non-payment of the utility account by the disconnect date on the late notice will result in disconnection. The disconnection fee will not be waived. A customer’s disabled status must be verified by an award letter from the social security administration. Waiver applies only to the account holder; account holder must occupy the entire residence for which the delay is requested.

A disabled individual may request that the utility implement the delay for the most recent utility bill; or the most recent utility bill and each subsequent utility bill.