(a) 
Office created; appointment; powers and duties.
(1) 
The office of director of the water and sewer department of the city is hereby created and established, with such powers and duties as are hereinafter set forth, and with such additional powers and duties as may hereafter be prescribed by the city council.
(2) 
The director of the water and sewer department shall be appointed by the city manager with the approval of the city council.
(b) 
Attendance at council meetings; reports.
The director of the water and sewer department shall attend each regular meeting of the city council and shall make and present a written report on the activities of his/her department at such meeting.
(c) 
Records.
Complete records of all transactions, revenues and expenditures of the water and sewer department shall be kept, or caused to be kept, by said director.
(Ordinance 31D-52, secs. 2-4, adopted 4/9/52; Ordinance 774-23 adopted 1/26/2023)
(a) 
The office of the city engineer is hereby created and established with such powers and duties as are herein prescribed, and with such additional powers and duties as may hereafter be prescribed by the city council.
(b) 
The director of the water and sewer department shall have the powers and perform the duties of city engineer.
(Ordinance 31D-52, sec. 5, adopted 4/9/52; Ordinance 774-23 adopted 1/26/2023)
The director of the water and sewer department shall have charge and control of the city water and sewer department and all laborers and employees therein, subject to such rules and regulations as are now or may hereafter be prescribed by the city council, and shall have charge of all property, fixtures, apparatus and supplies belonging to said department, and shall be responsible for the efficient operating of said department, and the protection and preservation of the properties. He/she shall make such repairs and extensions to such systems as may be necessary.
(Ordinance 31D-52, sec. 17, adopted 4/9/52; Ordinance 774-23 adopted 1/26/2023)
(a) 
The utility bill is defined as the collective charge of utility services of water, sewer, and solid waste collection. The bill may also include, but is not limited to, any unpaid balance due, service charges, late charges, sales tax on solid waste collection and voluntary contributions (where applicable).
(b) 
The rates for water, sewer, and solid waste collection furnished by the city to a consumer shall be established by ordinance and collected under the utility bill.
(c) 
The rates for water and sewer shall be reviewed annually and set accordingly by the city council.
(Ordinance 774-23 adopted 1/26/2023)
(a) 
Payment of bill; disconnection for nonpayment; connection policies.
(1) 
Utility bills (herein the "bill") rendered by the city shall be paid monthly on the fifth day of each month after the billing date. A 10% penalty on the total current amount due will be assessed on the sixth day of each month. The bill, including the late fee, must be paid by the fifteenth of each month, the utility services shall be subject to being disconnected. If the fifteenth falls on a weekend or holiday, the customer will be given until the next business day to pay the bill. Accounts appearing on the termination listing are subject to additional termination fees set forth in appendix A of this code. Utilities shall not be restored until all arrearage and associated fees have been paid.
(2) 
Extension of service (arrangement).
Notwithstanding any other provision of this section, a customer can defer their current monthly payment due date until the 25th of the month.
(A) 
Only two (2) arrangements are provided within a calendar year, per account.
(B) 
If the arrangement is not paid in full by the 25th day of the month, including any incurred fees, customer's service will be cutoff and a reconnection fee will be assessed.
(3) 
Late fee forgiveness.
When requested, residential accounts may receive a late fee waiver no more than once in a twelve (12) month period.
(4) 
In the event that a customer shall in some manner tie into or contrive by any means or device to secure water from the city's water lines illegally, then the city shall remove the meter and file a report with the city's police department.
(b) 
Monthly rates; bulk water rates.
Monthly water and bulk water rates are located in appendix A of this code.
(c) 
Deposit; charge for insufficient funds checks.
(1) 
Service deposits will be as set forth in the fee schedule in appendix A of this code. Each customer shall, before being connected or tied into the municipal water system shall render a deposit to the city; and the same deposits shall apply respectively to the municipal sewer system for customers who have only sewer connections and no water connections. Such deposit is, as aforesaid, a service deposit, and may be applied by the city on or against any loss sustained by it through the failure of a customer to pay its water or sewer account, or other lawful charges in connection with the water or sewer billing. Such deposit shall be returned only to the person depositing same, upon his/her permanent discontinuance of city water or sewer service, less other charges in connection with the water or sewer bill. No interest shall be paid on said deposits.
(2) 
Payments returned to the city by the depository for any reason shall be subject to a handling fee in the amount established by ordinance. Customers tendering payment of a utility bill with a returned payment must cover such payment with a negotiable instrument or cash acceptable to the utility billing department within ten (10) days of notification of such returned payment. If payment is not received, such customer shall be subject to having the utility service terminated, resulting in additional fees for such termination.
(3) 
Utility accounts remaining in a disconnected status due to nonpayment may be closed after ten (10) business days. Service will not be reconnected until closed account balance is paid in full and applicable install fee and/or deposit is paid to re-establish a new account.
(4) 
Delinquent utility bills may also be collected by suit in a court of competent jurisdiction.
(d) 
Penalty.
Any person, firm, or corporation who violates any provision of this section shall be deemed guilty of a misdemeanor and upon conviction therefor shall be fined not less than one hundred ($100.00) and not more than two hundred dollars ($200.00), each and every day that such violation shall be construed to be a separate offense; provided, however, that nothing contained herein shall preclude the municipality of bringing suit for injunction for the prevention of any threatened violation of the removal of any structure in violation of this section.
(Ordinance 653-18 adopted 12/18/18; Ordinance 727-21 adopted 12/28/21; Ordinance 733-22 adopted 1/25/22; Ordinance 774-23 adopted 1/26/2023)
The director of the water and sewer department is hereby authorized and directed to carry out the following rules and regulations:
(1) 
Waste or diversion of water.
The unreasonable or unlawful waste, use, or diversion of water is hereby prohibited, and said director, with the approval of the city council, is hereby authorized to stop service to any person, institution, firm or corporation so wasting, using, or diverting water.
(2) 
Separate meter required for each residence.
(A) 
Each family maintaining a separate residence, whether it is a house or apartment, shall have separate water meters, and an account shall be set for each separate house or apartment.
(B) 
Said director is hereby instructed to notify by written notice any person or persons violating this section to arrange their plumbing within ten days from the date of such notice, so as to comply with the requirements set forth herein.
(3) 
Discontinuance of service.
Upon satisfactory evidence to said director that the rules and regulations of his department, or this article, have been violated, the sanitary measures of the sewer department not complied with, or any practice resorted to in order to defraud his department by tampering with any water gauge or meter, by any person or persons, it shall be the duty of said director to discontinue service to such person or persons, until such time as in his judgment his department and the city have been fully repaid and indemnified, and may resume services without further danger of loss through such acts.
(4) 
Deposit.
Before the connection of any water services for any person, firm or corporation in the city, the director of the water and sewer department of the city is hereby authorized and directed to collect from any such person, firm or corporation deposits for such service of water, which shall be known as "service deposits," in such amounts as may in his judgment be necessary to indemnify the city against loss through failure to pay accounts rendered by said department for such services.
(5) 
Charge for tapping.
The director of the water and sewer department is hereby authorized and directed to make charges for tapping water mains, carrying service to curblines, cutting streets, and cutting and replacing paving, which shall be slightly above cost to said department.
(6) 
Installation of connection; maintenance of service lines.
Said department shall make all connections from water mains to curblines and shall collect for same before rendering service to consumers. Said department shall maintain water service lines to curblines, and no further. All connections to sewer mains shall be made by licensed plumbers and said department shall not be responsible for maintenance on any sewer service line.
(Ordinance 31D-52, sec. 6, adopted 4/9/52; Ordinance 774-23 adopted 1/26/2023)
(a) 
For residential water leaks, an adjustment may be allowed of no more than fifty (50) percent of any leakage, as determined by the director. The director may require sufficient records and documentation that a leak occurred and has been repaired. Only one adjustment is allowed within a twelve (12) month period.
(b) 
For commercial accounts, only an underground leak as determined by the director may qualify for an adjustment under the terms in subsection (a) above.
(c) 
No allowances shall be made which reduce the rate to less than the required minimum billing gallons of water.
(Ordinance 31D-52, sec. 8, adopted 4/9/52; Ordinance 774-23 adopted 1/26/2023)
(a) 
Water meter readings shall be in gallons. All persons, institutions, industries, and corporations not on a meter shall be put on a meter at the earliest practicable time.
(b) 
All water meters shall be purchased by the water customer from the permitting department at the customer's expense.
(c) 
The utility department will inspect and test all water meters two (2) inches or larger on an annual basis. The water customer will be responsible for the cost of the annual inspection and test, as well as for any repairs which are found necessary to ensure proper operation of the meter.
(d) 
In addition to the annual inspection and test, a test or calibration of meters two (2) inches or larger may be ordered at any time the utility department suspects that a meter is working improperly. If the test confirms a defective meter, the meter will be replaced or repaired at the customer's expense.
(e) 
Any person who shall knowingly use any bypass or other contrivance by means of which water is taken from the municipal water works system without being properly metered and with the intention of evading the payment of the water rate therefore shall be deemed guilty of a misdemeanor.
(f) 
All workmen or other persons who shall construct or install any bypass or contrivance for the taking of water from the municipal water works system though a metered hydrant without the water so taken being registered by a meter shall be deemed guilty of a misdemeanor.
(Ordinance 31D-52, sec. 9, adopted 4/9/52; Ordinance 774-23 adopted 1/26/2023)
It is unlawful for any person, other than an employee of the water and sewer department, or other person authorized hereunder, to tamper with any water or sewer line, or any equipment, meters or other apparatus connected therewith.
(Ordinance 31D-52, sec. 13, adopted 4/9/52)
(a) 
The water and sewer department shall be a separate department of the city, and all money and revenues arising from this source shall constitute a separate fund, and the city secretary is hereby ordered to keep a separate account of its receipts and disbursements.
(b) 
Said disbursements shall be used and employed as follows:
(1) 
To pay the interest and provide a sinking fund for the bonded indebtedness of said water and sewer department, and/or indebtedness incurred for water and/or sewer services.
(2) 
To pay all operating expenses.
(3) 
To pay for necessary repairs and further extension of said water and sewer department and plant. The warrants drawn on this fund shall state on their face for what purpose the expenditure is made.
(c) 
Funds may be transferred from the fund of the water and sewer department to other funds, by ordinance duly passed by the city council.
(Ordinance 31D-52, sec. 16, adopted 4/9/52)
(a) 
Definitions.
As used in this section:
Building.
Any house, dwelling, place of business, shack, tent, enclosure, mobile home or structure occupied at any time of the day or night by any person or persons.
(b) 
Connection required; maintenance.
(1) 
The owner and occupant of every building located on any parcel of land within the corporate limits of the city, the property line of which extends to within 100 feet of any city water main, shall connect all water connections within the property with such water main in accordance with all ordinances of the city regulating such construction.
(2) 
The owner and occupant shall keep and maintain all water connections located on the property in good condition and free from obstruction.
(c) 
Notice of noncompliance.
Notice of noncompliance with the provisions of this section shall be given by an officer or employee under the direction of an officer of the city to the owner of the property and at the address as shown on the tax rolls of the city by certified mail return receipt requested and to the occupant of the property by posting the notice on or within ten feet of the property itself. The notice shall substantially state:
You are in violation of Ordinance Number 227-96 Section ___________(citing the appropriate section) of the City of Aubrey, Texas in that (cite facts of violation).
Unless your property is brought into compliance with the ordinance within 60 days, you may be charged with a misdemeanor, the violation of which may result in a fine in accordance with the general penalty provided in section 1.01.009 of the Code of Ordinances.
(d) 
Penalty.
Violation of any provision of this section after notice has been given once shall constitute a misdemeanor, punishable, upon conviction, by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day and every day that the provisions of this section are violated shall constitute a separate and distinct offense; however, following notice of the first offense as provided in subsection (c) no subsequent notice shall be required.
(Ordinance 227-96 adopted 8/20/96)
(a) 
Definitions.
As used in this section:
Building.
Any house, dwelling, place of business, shack, tent, enclosure, mobile home or structure occupied at any time of the day or night by any person or persons.
(b) 
Connection required; maintenance.
(1) 
The owner and occupant of every building located on any lot or parcel of land within the corporate limits of the city, the property line of which extends to within 200 feet of any city sanitary sewer main, shall connect all water closets within the property with such sanitary sewer main in accordance with all ordinances of the city regulating such construction.
(2) 
The owner and occupant shall keep and maintain all water closets and connections located on the property in good condition and free from obstruction.
(c) 
Use of septic tanks.
It shall be unlawful for any person to construct or maintain a septic tank on any premises in the city when any portion of such premises extends to within 200 feet of any city sanitary sewer main.
(d) 
Notice of noncompliance.
Notice of noncompliance with the provisions of this section shall be given by an officer or employee under the direction of an officer of the city to the owner of the property and at the address as shown on the tax rolls of the city by certified mail return receipt requested and to the occupant of the property by posting the notice on or within ten feet of the property itself. The notice shall substantially state:
You are in violation of Ordinance Number 178-92 Section_____(citing appropriate section) of the City of Aubrey, Texas in that (cite facts of violation).
Unless your property is brought into compliance with the ordinance within 60 days, you may be charged with a misdemeanor, the violation of which may result in a in accordance with the general penalty provided in section 1.01.009 of the Code of Ordinances.
(e) 
Penalty.
Violation of any provision of subsection (b) or (c) of this section after notice has been given once in accordance with subsection (d) of this section shall constitute a misdemeanor, punishable, upon conviction, by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day and every day that the provisions of subsection (b) or (c) of this section are violated shall constitute a separate and distinct offense; however, following notice of the first offense as provided in subsection (d) no subsequent notice shall be required.
(Ordinance 178-92 adopted 9/14/92; Ordinance 774-23 adopted 1/26/2023)
(a) 
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Water or sewer service line.
The extension of any line, which is not normally the responsibility of the city, beyond the tapping point that crosses any property owned privately (not city easements).
(b) 
Authority to make extensions.
(1) 
The public works department, or, at the option of the city, a developer or contractor, may extend water and sanitary sewer mains in the streets and alleys or easements within the city, or in the extraterritorial limits in order to permit connection by persons desiring and seeking water service and sanitary sewer service.
(2) 
In no event may the city be required to make extensions under the provisions of this article if there are no funds available for this purpose.
(Ordinance 175 adopted 6/8/92; Ordinance 774-23 adopted 1/26/2023)
(a) 
Purpose.
The purpose of this section is to adopt an official policy that will establish the responsibilities of the city and the property owner for blockages in sewer service lines.
(b) 
Applicability.
This policy, upon adoption by the city council, shall be applicable to all properties that are served by the city’s wastewater collection and treatment system (“sewer system”) until such time as the policy statement is altered, modified, or rescinded by the council.
(c) 
Responsibilities of city and property owners.
(1) 
The “sewer service line” is defined herein as the length of sewer line that connects a residence or other structure with the city’s sewer main, including any clean-out, clean-out cap and any other appurtenances attached thereto.
(2) 
If a property owner’s sewer service line includes a sewer cleanout in the city-owned right-of-way, then such property owner is solely responsible to clear any blockage that occurs within, or otherwise repair or replace, the sewer service line at any location up to and including the sewer clean-out. The city is responsible to clear any blockage located in the sewer service line from the sewer line clean-out (but excluding the clean-out), to the city’s sewer main.
(3) 
If a property owner’s sewer service line does not include a sewer clean-out located in the city-owned right-of-way, then the property owner is solely responsible to clear any blockage that occurs within or otherwise repair or replace the sewer service line up to and including the point at which it connects into the city’s sewer main.
(4) 
It is the sole responsibility of each property owner who has a structure connected to the city’s sewer system to provide for proper installation and maintenance of the sewer service line and its proper working condition.
(5) 
Property owners are responsible for ensuring that clean-outs on the right-of-way are visible. City employees will not attempt to locate clean-outs that are not visible (broken off, buried, hidden, etc.).
(6) 
The city’s public works department will respond to calls for service for sewer service line blockages. The actions taken by the public works department to clear the blockages and the responsibility for the costs associated with such service will be governed by this policy.
(7) 
Property owners are solely responsible for installation and cost of backwater valves and other devices that may be necessary to prevent flooding or backups when plumbing appurtenances on the property are installed lower than existing sewer mains, during high flow periods, or when a blockage exists in the sewer main line.
(d) 
Penalty.
Violation of this section is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day any such violation shall continue shall constitute a separate offense punishable hereunder.
(Ordinance 392-08 adopted 3/18/08)
The utilities department shall, upon application and payment of the applicable fees, make all taps of water mains required to extend service from the main to the point immediately behind the curbline of the street, and it shall be unlawful for any person other than an employee of the city to tap any water main or cut any street service for the purpose of making such a tap.
(Ordinance 103, sec. 4, adopted 9/1/81)
The utilities department shall, upon application and payment of the applicable fee, make all taps of sewer mains required to extend service from the main to the point immediately behind the curbline of the street, and it shall be unlawful for any person other than an employee of the city to tap any sewer main or cut any street service for the purpose of making such a tap.
(Ordinance 103, sec. 9, adopted 9/1/81)
Monthly billing for sewer service shall be made with, and as part of, the water system billing, and payment for water service shall not be accepted without payment for any sewer service. Nonpayment for either service shall result in discontinuance of water service.
(Ordinance 103, sec. 11, adopted 9/1/81)