(a)
Bills rendered by the accounting and collection division of the water
utilities department and payable to the city are due when rendered
and become past due if not paid by the last day of the month in which
the bill is issued. Any amount unpaid after thirty (30) days from
the date the bill is rendered shall be considered delinquent. Such
date i.e., past due date, shall be provided on all bills. When a bill
becomes past due, the accounting and collection division of the water
utilities department will send notice of past due. Service will be
terminated if the account is not paid in full, including any penalties
assessed by the delinquent date.
(b)
Utility bills will be issued on the 10th of each month, with the
charges being due no later than the last day of the same month. A
penalty of ten percent (10%) of the charges will be imposed on all
bills not paid by the due date. Service will be terminated for any
account not paid in full by the 10th of the following month.
(c)
Should the past due date provided on the bill be Saturday, Sunday
or holiday the past due date shall be deemed to be the first succeeding
day, which is not a Saturday, Sunday or holiday.
(d)
A fee for reconnection of any service terminated due to delinquency
will be charged in accordance with the fee schedule to this code.
Service will not be restored until the account is brought current.
(e)
Any person requesting the service of a city employee after regular
working hours, holidays or weekends to turn off/on a water meter will
pay to the city a fee the exact amount of which shall be on file at
city hall, plus the cost of material used in complying with such request.
(f)
Any person, firm, or corporation who refuses to comply with or who
resists the enforcement of any of the provisions of this article shall
be subject to disconnection of utility services provided by the city.
(Ordinance 1792 adopted 3/9/21)
A security deposit for service from a fire hydrant for water, if placed in a tank, truck or other container, shall be charged in accordance with the fee schedule in appendix B to this code.
(Ordinance 1423 adopted 3/10/09)
Water rates for residential and commercial customers shall be as provided for in the fee schedule found in appendix B to this code.
(Ordinance 1423 adopted 3/10/09)
Monthly rates for wastewater service shall be based on monthly metered water consumption and shall be as provided for in the fee schedule found in appendix B to this code.
(Ordinance 1423 adopted 3/10/09)
(a)
Where more than one user or usage is served by one water meter, each
such user or usage shall be deemed a separate customer and separate
monthly charge shall be made, and each user shall be liable for all
costs and usage for water and wastewater service provided wastewater
service is available.
(b)
Examples.
(1)
Residential.
Residential customer one billed by metered
usage and the second and all others billed at minimum water and wastewater
rates.
(2)
Commercial.
Commercial or commercial/residential, billed
the same as provided above with the higher user billed by metered
usage and the secondary billed at minimum rates.
(Ordinance 1423 adopted 3/10/09)
(a)
Water.
The charge for tapping the water mains within
the city limits and conveying water up to and including the curb-stop,
water meter and box, at or about the property line shall be as provided
for in the fee schedule found in this code.
(b)
Sanitary sewer.
The sewer tap fee for all sewer connections
within the city limits shall be as provided for in the fee schedule
found in this code.
(c)
Where water and/or sewer mains are not in place, the fee shall be in accordance with the provisions in section 13.03.002(d) of this code.
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Note: the provisions in this subsection do not apply to developers
who are subdividing and platting multitracts and/or structures, such
development is governed by the city’s subdivision regulations.
|
(Ordinance 1423 adopted 3/10/09)
(a)
City.
City council.
City manager.
Utility service.
Definitions.
In this section:
The City of Kilgore, Texas.
The city council of the city.
The city manager of the city or his designee.
The city’s water and sanitary sewer service.
(b)
Lien procedures.
(1)
Authority; exception for certain property.
(A)
The city is authorized, in accordance with the provisions of section
402.0025, 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 utility service to the property.
(B)
This section does not apply to homestead property that is protected
by the Texas Constitution.
(C)
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 administrator 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 administrator or by
certified mail, return receipt requested.
(2)
Notice of lien.
Before recording a lien for delinquent
charges for utility service, the administrator 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.
(3)
Absence of notice.
Absence of receipt of notice does
not affect the enforceability of a lien.
(4)
When lien is perfected.
The lien may be perfected when
charges incurred by a customer for utility service become delinquent
and other means for collecting the delinquent charges have been unsuccessful.
(5)
Form of the lien.
The form of the lien must contain:
(A)
A statement indicating the purpose of the lien.
(B)
The address of the property which is the subject of the lien, if
the address is ascertainable.
(C)
A legal description of the property which is the subject of the lien.
(D)
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.
(6)
Execution and recording.
The lien must be executed by
the administrator, 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.
(7)
Priority of lien.
The lien is superior to all other
liens except a bona fide mortgage lien recorded prior to the recording
of the city’s lien in the deed or lien records of the county
in which the property is located.
(8)
Additional charges.
Should additional delinquent charges
be incurred subsequent to the date of the original lien’s execution,
a corrected lien may be executed and filed in the same form, documenting
the additional charges. The corrected 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.
(9)
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.
(10)
Release of lien.
When the administrator finds and determines
that all delinquent charges which existed against the property have
been fully paid, the administrator 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.
(11)
Cumulative remedies.
This section is cumulative of any
other remedies, methods of collection or security available to the
administrator or the city under the ordinances of the city or under
state law. This section does not affect the administrator’s
authority to refuse to furnish service when delinquent charges exist.
(Ordinance 1423 adopted 3/10/09)
(a)
Credit balance.
Final bill.
Credit.
Definitions.
A credit on a utility account caused by applying the customer
deposit to the final bill that is less than the deposit amount.
The last bill a customer receives after terminating service.
Amount owed to a customer due to a payment being larger than
the amount of the bill.
(b)
The city shall refund any credit balance greater than five dollars
($5.00) to the person listed as the customer of record and to the
last known address of that customer.
(c)
Any amount less than five dollars ($5.00) will be termed a small
credit balance and be considered as revenue in the utility fund.
(d)
Any credit balance below the minimum can be refunded upon written
request by the customer of record.
(Ordinance 1423 adopted 3/10/09)
