(a) Before any person shall be provided water, sewer or electricity from the city systems, it shall be required that a deposit be paid to the city secretary as provided in the fee schedule in appendix
A to this code. Should such person fail at any time to pay promptly his or her sewer, water or electric charge, the city may collect such charge from the deposit.
(b) At such time as the person making such deposit disconnects from the
city water or electric system, the balance of such deposit shall be
returned to him or her after all current water and electric charges
have been paid.
(1965 Code, sec. 19-4; 1989 Code,
sec. 18-141; Ordinance adopting 2016 Code)
The water rates and charges as established by the city council are on file in the city secretary’s office and as set out in the fee schedule in appendix
A of this code.
(1989 Code, sec. 18-142)
The sewer rates and charges as established by the city council are on file in the city secretary’s office and as set out in the fee schedule in appendix
A of this code.
(1989 Code, sec. 18-143)
The electric rates to be charged and collected by the city from customers using the privileges of the lighting and power system of the city shall be as determined from time to time by the city council and on file in the city secretary’s office and as set out in the fee schedule in appendix
A of this code.
(Ordinance adopted 3/18/86(1),
sec. 1; Ordinance adopted 3/5/02; Ordinance adopted 10/15/02; 1989 Code, sec. 18-144; Ordinance adopted 9/17/12(3))
(a) The fees for connection or reconnection of service and for service interruption fees are as provided in the fee schedule in appendix
A of this code.
(b) Twenty-four-hour notice must be given the city on any request for
connection, reconnection or any interruption of service at the request
of the customer.
(1989 Code, sec. 18-145; Ordinance
adopting 2016 Code)
(a) Generally; late payment penalty.
Utility charges for
water, sewer, electricity and garbage services shall be billed to
and paid monthly by the person who applied for such utility service
for the premises involved. Such charges shall be due and payable by
the tenth of the month. A penalty of ten (10) percent shall be assessed
and paid for payments made after the tenth day of the month.
(b) Referral of account to collection agency.
In the event
that a customer’s bill for utility services becomes delinquent
and unpaid, the city may, in addition to disconnection for failure
to pay and any other remedy provided by law, submit such delinquent
account to an agency for collection. The cost of collection by such
an agency up to twenty-five percent (25%) of the amount of the delinquent
bill shall be added to the amount due and payable for service, late
fees, or other charges.
(c) Returned checks.
Any person who submits a check to the
city as payment for a utility bill shall be assessed a charge in the
amount of any returned check fee charged by the financial institution,
plus a ten percent (10%) penalty, if such check is returned as unpayable
by the financial institution for any reason. Such charges shall be
in addition to any penalty or other charges provided in this section.
(1965 Code, sec. 19-33; 1989 Code,
sec. 18-146; Ordinance adopted 11/4/13)
(a) Disconnection of service.
If any person fails to pay
a utility bill for which he or she is liable by the seventeenth day
of the calendar month in which such bill was payable, the utility
services furnished to the premises of such person shall be disconnected.
Such services shall not be reconnected until all delinquent utility
charges have been paid to the city and all costs incurred in the disconnection
and reconnection have been paid to the city.
(b) Disconnection of other utility services.
If any person fails to pay a utility bill as described in subsection
(a), the city may disconnect other utility services provided by the city to the same address until such time as all outstanding balances for utility services have been paid in full.
(c) Notice of pending disconnection.
Prior to any utility
service being disconnected, the city shall notify a utility customer
in writing, delivered by United States Postal Service, that he or
she is delinquent in paying his or her utility bill and utility services
may be disconnected. At its discretion, the city may provide additional
notice of a pending disconnection by placing a door hanger at the
address where services are to be disconnected, informing the occupants
of such pending disconnection.
(d) Hearings.
To ensure adequate due process, upon request,
all city utility customers shall be entitled to a hearing prior to
utility service being disconnected for failure to pay an outstanding
utility bill. Notice of the right to such a hearing shall be provided
in writing to any utility customer at risk of having utility services
disconnected. The form and procedure for providing notice and conducting
hearings under this subsection shall be determined by the city administrator.
(e) Lien.
Pursuant to Texas Local Government Code section
552.0025(d), the city [may] impose a lien against an owner’s
property, unless it is a homestead as protected by the state constitution,
for delinquent bills for municipal utility service to the property.
(1965 Code, sec. 19-34; 1989 Code,
sec. 18-147; Ordinance adopted 11/4/13; Ordinance adopting 2016 Code)
(a) In order to transfer utilities from one location to another or to obtain service at a new or subsequent address, any outstanding billed amount on the current or a previous account must be paid. The final bill for the current or previous account shall be paid in full or, with approval of the city administrator, may be transferred to and be payable under the new or subsequent account, including any fees for connection, reconnection or service interruption as provided in appendix
A of this code. Service may be discontinued at the new or subsequent address if the previous balance becomes delinquent.
(b) Utility services shall not be furnished to premises in the name of
a nonresident or non-owner of such premises unless approved in advance
by the city administrator.
(c) Where a person liable for delinquent charges at one address is found
to have an account in his or her name at another address, the delinquent
amounts due shall be paid in full or shall be transferred to the account
at the new or subsequent address or service will be discontinued at
the other address until the delinquent amounts are paid. The name
on the account need not be the same if ownership or residency can
be established by the city.
(d) Spouses, parents and adult offspring, and other persons related within
the third degree of consanguinity or the second degree of affinity,
who receive services at the same premises they jointly own or occupy
are deemed to be joint customers of record, notwithstanding that only
one person may have signed an application, and they shall be jointly
and severally liable for unpaid delinquent charges.
(e) If service is provided to property owned by a person jointly with
the customer of record, or if the customer of record is an agent or
property manager for one or more owners of property, the joint owners
shall all be treated as customers, and each shall remain jointly and
severally liable with the customer of record for unpaid delinquent
charges.
(f) The city may request proof of residency or ownership when occupancy
and/or liability is in question, and may discontinue utility service
if such proof is not provided within fourteen (14) days of such request.
(Ordinance adopted 4/5/10; Ordinance adopting 2016 Code)
(a) When delinquent charges imposed by this article for utility service
remain unpaid following the date when such charges are due, the city
administrator may impose a lien against the real property to which
such service was delivered. The lien shall include and secure the
delinquent charges, penalties, interest, and collection costs. The
city administrator shall perfect the lien by filing a notice of lien
containing a legal description of the property and the utility account
number for the delinquent charges in the real property records of
Fayette County or the county in which the property is located.
(b) The lien authorized in this section shall not apply to bills for
service connected in a tenant’s name after notice by the property
owner to the municipality that the property is rental property.
(c) The lien authorized by this section shall not apply to homestead
property as protected by the state constitution.
(d) The lien authorized in this section is superior to all liens except
a bona fide mortgage lien that is recorded before the recording of
the city’s utility lied in the real property records of Fayette
County or the county in which the real property is located.
(Ordinance adopted 2/3/14)