(a)
Tap-in fees.
The city shall charge the following for
water and sewer taps:
(1)
The public works manager, or his designee, shall determine the type
of water tap according to the following types: short water tap and
long water tap. The fee shall be in the amount established by city
council.
(2)
Water tap-in fees for sizes over a standard three-quarter (3/4) inch
meter shall be actual cost of materials plus labor.
(3)
All water taps shall include a cut-off valve approximately twelve
(12) inches from the meter and the installation of a valve box.
(4)
The public works manager, or his designee, shall determine the type
of sewer tap according to the following types: short-shallow sewer
tap, short-deep sewer tap, long-deep sewer tap. The fee shall be in
the amount established by city council.
(5)
Each residential dwelling or building shall have its own water and
sewer tap. Each commercial business structure shall have its own water
and sewer tap.
(b)
Cut-off valves and valve boxes.
The city has determined
the need to establish a policy regarding the installation of water
cut-off valves adjacent to city water meters. The purpose of this
policy is to prevent damage to the water meters by unauthorized entry
and use of the meter to turn water service on and off by persons other
than city personnel. Water meter cut-off valves shall be installed
as follows:
(1)
During the installation of a new water tap, the city shall install
the cut-off valve and valve box approximately twelve (12) inches from
the meter as a part of the water tap-in fee.
(2)
For existing water meter locations, the following shall apply: When
water service is disconnected from an existing meter for any reason
(examples could be nonpayment of a bill, request for disconnect to
repair plumbing, vacating of the structure), a water cut-off valve
and valve box with cover shall be properly installed and operable
approximately twelve (12) inches from the water meter. This shall
be completed within ten (10) days following notice from the city that
the cut-off valve is required. Notice may be given by telephone, a
notification card left at the residence or business, or verbally to
the resident or owner. A written notice, through the mail, will be
sent confirming previous notice(s) or to give the initial notice.
Water service will be reconnected by the city only when the valve
has been properly installed.
(3)
A brass fitting is required for connection to the water meter, which
the city will provide at no charge.
(1990 Code, sec. 24-56; Ordinance
adopting Code)
(a)
Amount; refunds.
A utility deposit in the amount established
by city council shall be assessed to each residential customer before
water, sewer and/or garbage service shall be provided. Commercial
customers and construction/hydrant usage customers shall be assessed
a utility deposit in the amount established by city council before
water, sewer and/or garbage service shall be provided. Such deposit
shall be retained by the city until such time it is:
(b)
New deposit required following termination of service.
Customers that have had their service terminated due to delinquent
status, request for termination, or any other reason shall be required
to render a new deposit prior to service being resumed.
(c)
Waivers.
Customers that have more than one (1) service
connection shall be granted a waiver of deposits above the initial
deposit provided that they have had an account with the city utility
department for more than two (2) consecutive years and their account
has no late charges assessed during the two (2) years immediately
preceding the application for waiver of deposit for additional service.
In the event of a cut-off on any one (1) of the multiple services
due to a delinquent status, a deposit will be required on the service
which was cut off.
(1990 Code, sec. 24-57; Ordinance 2010-536 adopted 2/16/10; Ordinance adopting Code)
(a)
Subject to section 13.02.004(c)(1) and (2), violation of the terms of this article shall result in the immediate termination of water, sewer and garbage services. Services shall not be resumed until the requirements under this article are met.
(b)
The city shall have the right to disconnect or refuse to connect
or reconnect any water and/or wastewater service connection for the
following reasons:
(1)
Nonpayment of bills by water and/or wastewater service customer;
(2)
Payment of a water and/or wastewater bill or security deposit with
a check or online debit or draft which is not honored by the customer’s
financial institution;
(3)
Willful and negligent waste of water due to leaks during an established
emergency.
(c)
It shall be unlawful for any person to:
(1)
Prevent water from passing through, or to bypass in any manner, any
meter used by the water department to supply water to a customer;
(2)
Prevent a meter used by the water department from registering the
quantity of water supplied to a customer;
(3)
Interfere with the proper and accurate registration upon a meter
used by the water department of the amount of water supplied to a
customer;
(4)
Divert water, by the use of any device, from a pipe or pipes used
by the water department;
(5)
Refuse to surrender upon demand to the water department any meter
or other equipment in his possession, custody or control;
(6)
Turn on or use water from the water department without an application
or permit, properly issued as provided by this article for the premises,
prior to such turning on or use;
(7)
Place upon or about any valve, manhole, curb cock, stop box, meter,
meter box or fire hydrant connected to any water pipe belonging to
the water department, regardless of location, any object or structure
that will prevent free access to the same;
(8)
Deny any employee of the city authorized by section 13.02.014 [sic]
of this article access to any valve, manhole, curb cock, meter, meter
box or fire hydrant connected to any water pipe belonging to the water
department, whether such denial be by overt act or by creation or
tolerance of a hazardous condition on the premises;
(9)
Interfere with the performance of any lawful duty of any employee
of the city by obstruction of the employee in the discharge of his
duties, whether such interference be by threats, gestures or otherwise;
(10)
Injure, deface or destroy unlawfully, willfully or maliciously any
reservoir, machinery, pipes, hydrants, meters, meter boxes, lids or
other equipment belonging to the water department;
(11)
Communicate any current of electricity to, or transmit the same along
or through, or cause or permit any current of electricity to be communicated
to or transmitted along or through, any equipment belonging to the
water department;
(12)
Make or cause or permit to be made any metallic connections, either
directly or indirectly, with any equipment belonging to the water
department whereby any electrical current shall or may be communicated
to or transmitted along or through such equipment;
(13)
Conduct or carry away any water from any fire hydrant without a written
permit from the water department;
(14)
Make any cross-connection between any system of piping supplied by
water from the mains of the water department and any other source
of supply;
(15)
Maintain storage tanks supplied only with city water, unless the
tanks are constructed and maintained in accordance with such regulations
as may be issued by the water department or director of public works;
(16)
Build, or cause to be built, any structure in such a manner as to
expose any equipment belonging to the water department to damage from
vehicular traffic on any street, road or alley, whether public or
private, unless a permit for such a structure shall have been first
obtained;
(17)
Sell water for domestic or any other use within the city, unless
a permit for such sale or use has been first obtained from the city
administrator;
(18)
Interconnect private supplies of water, including deep well systems,
with the water department water system, except as provided authorized
by the city;
(d)
A person commits an offense of the theft of water by any of the following
actions:
(1)
A person may not knowingly tamper with, connect to, or alter any
component of the city’s water system, including valves, meters,
meter boxes, lids, hydrants, lines, pump stations, ground storage
tanks, and elevated storage tanks.
(2)
If, without the written consent of the city administrator or the
designee, a person knowingly causes or allows the initiation or restoration
of water service to the property after termination of services(s).
For purposes of this subsection, it shall be assumed that the owner,
occupant, or person in control of the property caused or allowed the
unlawful initiation or restoration of the service(s).
(3)
A person may not knowingly make or cause a false report to be made
to the city of a reading of a water meter installed for metered billing.
(e)
The existence of any device, pipe or meter connected to any equipment belonging to the water department for the purpose of furthering any of the unlawful objects stated in subsections (a) through (c) of this section shall constitute prima facie evidence of knowledge of the particular violation charged.
(Ordinance 8-8-2018-1, sec. 2, adopted 8/8/18)
(a)
Rate schedule.
(1)
The charges in the amount established by city council shall be made
and collected for water and sewage services used by the customers
of the water and sewer system of the city.
(2)
Sewer charge calculation.
Customers shall be charged
according to the number of gallons of water used each month. With
the exception that residential accounts will not be charged sewer
on water usage greater than 8,000 gallons per month.
(b)
Billing.
Bills for water, sewer and solid waste services
are due and payable on or before the 12th of said month, payable at
City Hall, 152 W. End Street, Goliad, Texas.
(c)
Delinquency.
Customers not paying their bill by that
deadline shall be classified as delinquent and shall be charged the
following fees:
(1)
A late payment fee equating to the percentage established by city
council of the unpaid balance for the entire bill (water, sewer and
solid waste).
(2)
For customers not paying their bill by 5:00 p.m. on the 25th day
of the month, a service fee in the amount established by city council.
(3)
For customers over the age of 60 and paying their bill by 5:00 p.m.
in the city’s offices on the 25th day of the month, all late
fees and charges shall be waived provided the following procedure
is followed: Customers must make a request and shall provide proof
of their age.
(4)
This subsection will only apply to the utility account in which the
“over 60” customer is the primary account holder and the
“over 60” costumer must reside at such location the month
of such request and/or any subsequent months.
(d)
Disconnection of service and reconnection.
(1)
Payment in full must be received in person in the city’s offices
before 5:00 p.m. on the 25th day of the month to prevent services
from being disconnected the next day. If payment is made online, the
payment must be made by 5:00 p.m. on the 24th day and verified on
the 25th by the city to prevent services from being disconnected.
(2)
The basic reconnection fee, as established by city council, will
be charged when service is reinstated during regular business hours
(7:00–5:00, M–F) and an additional after-hours fee, as
established by city council, will be charged when service is reinstated
after hours at the request of the customer (anything after 5:00 p.m.
M–F or on weekends).
(3)
In the event of delinquency, an account which has a utility deposit
on file that does not meet the current amount as set forth by the
city council shall require the payment of the differential in addition
to the aforementioned payments in order to secure service. Similarly,
any account against which the deposit was applied in lieu of payment
shall require a new deposit before the restoration of service.
(e)
Disposition of revenue.
All monies collected under this
section shall be credited to the waterworks system fund of the city
and shall become the property of the city.
(f)
Charge for returned checks or dishonored charges.
In
addition to other charges noted herein, in the event that a customer
presents a check or makes an online payment against their account
which is returned for insufficient funds, their account shall be charged
as follows:
(1)
An NSF fee in the amount established by city council.
(2)
After three checks or online payments have been presented or made
by a customer and dishonored for insufficient funds, payment by that
customer shall only be made by cash, money order, or cashier’s
check. Personal checks or online payments will not be accepted.
(g)
Online payments.
Payments may be made online. Such online payments will incur a convenience charge as stated in the city’s fee schedule, which may be amended from time to time. Customers should not pay online if paying on the 25th. All payments made on the 25th must be made before 5:00 p.m. in the city’s offices to avoid disconnection (and other charges if elderly pursuant to subsection (c) above.
(Ordinance 06-28-16-1 adopted 6/28/16; Ordinance 2010-558 adopted 9/28/10; Ordinance adopting
Code; Ordinance 8-8-2018-1, sec.
3, adopted 8/8/18)
Once a customer’s account has been classified delinquent,
as set forth above, such customer shall not be entitled to receive
city utility service until the amount of the delinquency together
with any reconnect and service fees are paid and any required deposit
is restored.
(Ordinance 8-8-2018-1, sec. 4, adopted 8/8/18)
Any of the utility fees and charges may be changed by resolution
adopted from time to time by the city council. Copies of such resolutions
shall be on file in the city secretary’s office.
(1990 Code, sec. 24-61; Ordinance
adopting Code)
(a)
The city council may authorize a variance to the provisions set out
in this article when, in its opinion, undue hardship will result from
requiring strict compliance. In granting a variance, the city council
shall prescribe only conditions that it deems necessary or desirable
to the public interest and inhabitants of the city.
(b)
The variance must be necessary for the preservation and enjoyment
of a substantial property right of the applicant, and the granting
of the variance will not be detrimental to the public health, safety
or welfare or injurious to other residents or property in the area.
(c)
The variance application must state accurately the sole intent of
the variance and under what conditions the variance is requested.
The findings and decision of the city council must be entered into
the minutes of the city council meeting at which the variance is acted
upon.
Pecuniary hardship, standing alone, shall not constitute a valid
reason for the granting of a variance.
(1990 Code, sec. 24-62)
(a)
All customers receiving water service shall be assessed a monthly
charge in the amount established by city council, to be used for future
construction of a city water well, storage facilities, and pumping
equipment and appurtenances.
(b)
These funds may also be used for maintenance of existing water facilities
and equipment upon the approval of city council.
(c)
This assessment shall become a part of the monthly water utility
service bill and shall be subject to the same penalties as the ordinance
regulating delinquent status accounts.
(Ordinance 2007-497 adopted 10/18/07; Ordinance adopting Code)
(a)
Testing of water meters.
(1)
The city utility department shall test any customer’s meter
upon written request from the customer. A test will be conducted by
a third party and shall be conducted in accordance with the American
Water Works Association (AWWA) standard methods on a certified test
bench. In the event the meter tests within the accuracy standards
of the AWWA, a test fee as prescribed on the meter test authorization
form shall be imposed. In the event the test results indicate that
the meter is faulty or inaccurate, the test fee shall be waived. The
meter shall be replaced and a billing adjustment made. The billing
adjustment shall be made for that billing cycle based on the customer’s
average of ten (10) months’ gallon usage.
(2)
The customer shall accept test results shown by the utility department.
The customer agrees to pay the current fee as charged by the independent
test facility for the test if the results indicate an AWWA acceptable
performance, plus any outstanding water usage. In the event that the
customer is required to pay for the test and for any outstanding water
usage as set forth herein, said testing charges would be entered on
the customer’s account and placed on the next billing statement.
The charges shall be due by the due date set on the bill.
(3)
In the event of a dispute/disagreement between the customer and the
utility department regarding acceptance of the outcome of the tested/certified
level of accuracy of the water [meter] in question, or related decision
based on the test report, the following will apply:
(A)
The customer will be entitled to submit a request to be on the city
council agenda with his/her reason(s) for disagreeing/disputing the
test results or any other objections to the utility department’s
decision.
(B)
The city council will review the information submitted by the customer
during an open session on a regularly scheduled monthly meeting within
forty-five (45) days following the request for review by the customer.
The customer will be invited to attend this meeting.
(C)
Once reviewed, action will be taken by the council to uphold or revise
the previous decision. All decisions by the council are final. Final
decisions involving unexplained water usage and questionable meter
accuracy shall be [based] solely on an independent, certified test
conducted to determine the mechanical accuracy of the water meter.
This test will be conducted by a certified meter testing lab with
a copy of the results made available to the customer.
(D)
Customers will be notified in writing of the council’s decision.
(b)
Adjustments for catastrophic water loss.
Adjustments
can be requested for catastrophic water loss according to the following:
(1)
Definition.
Catastrophic water loss shall mean a verifiable
loss from a water pipe, line or other water conveyance equipment caused
by deterioration, corrosion, natural forces, or other similar cause(s)
which is not immediately and reasonably detectable from the surface
of the ground and not under the direct control of the occupant.
(2)
Basis for adjustment.
Any customer who is billed for
a substantial increase in water usage during any one (1) billing month
due to a loss as defined above may request and receive an adjustment.
The adjustment will be based upon an average of ten (10) consecutive
months prior to the leak. The adjustment shall be given in accordance
with the following provisions:
(A)
Substantial increase in water usage shall mean an increase in the
amount of water metered and billed at the customer’s service
location for the billing month for which the adjustment is requested
which is in excess of seventy-five (75) percent of the greatest normal
usage for the service location.
(B)
Greatest normal usage shall mean that the amount of water metered
at the customer’s service location in the billing month of greatest
consumption during the previous twelve (12) months’ prior billing
months. If there are less than twelve (12) prior billing months, the
greatest consumption during any prior billing month.
(C)
The customer shall be entitled to only one (1) adjustment per twenty-four-month
period.
(D)
The customer shall incur no penalties on their account provided the
account remains current.
(3)
Request for adjustment.
(A)
All loss request forms shall be submitted within thirty (30) days
from the due date on the bill for which an adjustment is to be considered.
(C)
The customer shall make a payment equal to his/her ten-month average
monthly charges while under consideration for an adjustment. The customer
without an account history will make a payment in the amount of their
previous monthly bill or system average.
(5)
Conflicting ordinances.
All ordinances in conflict with
these provisions shall be declared null and void, but only to the
extent of the conflict.
(6)
Publication.
The city secretary shall promptly publish
the caption of this ordinance summarizing its purpose once in the
official newspaper of the city.
(c)
Meter-related fees.
If, in the course of reading, inspecting
or servicing a meter for a utility customer it is discovered that
the meter has in any way been circumvented, purposely destroyed or
otherwise tampered with so as to present an incorrect reading or no
reading, the customer’s account to which the meter is linked
shall be charged a fee in the amount established by city council.
If, in the course of reading, inspecting or servicing a meter for
a utility customer, it is discovered that the meter has become inaccessible
due to modification of the landscape, construction or other unauthorized
alterations, the customer’s account to which the meter is linked
shall be charged a fee in the amount established by city council.
(1990 Code, sec. 24-64; Ordinance 2010-536 adopted 2/16/10; Ordinance adopting Code)
(a)
Responsibility for payment.
Responsibility for payment
of all charges listed in this chapter shall be with the named occupant
of the residential or business unit receiving utility services, together
with an owner/landlord in lease or rental situations. If services
are disconnected to such service address and the individual whose
name is on the account still lives at, rents from or owns the building
that is receiving services, any balance must be cleared before a subsequent
individual, including relative or caretaker, or subsidiary business
is able to receive service.
(b)
Minimum charge.
(1)
Each residential dwelling unit or business unit receiving water,
sewer and garbage services shall pay, at least, a minimum water and
sewer charge; provided that, if the residential dwelling unit or business
unit is served by bin (dumpster) garbage service, that residential
dwelling unit or business unit shall not be charged a minimum for
garbage service.
(2)
When a residence and business are located in the same dwelling unit
or business unit and are owned by the same individual, there should
be one (1) charge for water and sewer service.
(c)
Application for service.
(1)
For each residential dwelling unit or business unit that may be leased/rented,
an application for service by the owner of the property, together
with the resident or business owner (renter/leasor) must be filed
with the city.
(2)
Except for temporary service, an application for service shall be
an application for all services available at the service address.
Neither water, sewer, electric, gas or solid waste service shall be
supplied separately.
(3)
The owner (landlord) will be co-responsible for all utility bills
associated with the property service address until the owner (landlord)
contacts the utility billing/collections department to discontinue
services. While the resident/business owner will be primarily responsible
for payment of all billings, the owner (landlord) will remain responsible
for any failure of by the resident/business owner to pay a billing.
(d)
Temporary service.
(1)
Once the service address account has been established, an owner (landlord)
can call into the utility billing/collections office and request utilities
be turned on temporarily at the specific property.
(2)
The owner (landlord) may request temporary service under a rental
application by the owner only up to 30 consecutive days for clean-up
and light repairs only.
(3)
Only under temporary status may electric, gas, water/sewer service
be individually selected; however, trash service is always required.
(4)
No deposit will be required for temporary service.
(5)
Upon request for service, a service call fee for reading the meter(s),
in the amount set forth in the city’s fee schedule, will be
billed to the first billing only, including a billing for the amount
of utility service consumed at the city utility rates then prevailing
together with all applicable fees, minimum charges, and taxes.
(6)
Exception: If, at the time of application for service to the service
address, the owner (landlord) is delinquent on any existing utility
accounts with the city, temporary services will not be allowed. A
full deposit under the prevailing deposit regulations will be required
prior to connection of service, and neither water, sewer, electric,
gas or solid waste service shall be supplied separately.
(e)
Service for longer than 30 days.
(1)
If the owner (landlord) requests service for longer than thirty (30)
consecutive days, it will be considered a request for full services,
and a full deposit under prevailing deposit requirements, along with
permits and temporary power pole, if needed, will be required before
service is continued.
(2)
Neither water, sewer, electric, gas nor solid waste service shall
be supplied separately beyond the 30 days.
(f)
Enforcement; penalty.
(1)
Violation of the terms of this section may result in the immediate
termination of water, sewer and garbage services. Services shall not
be resumed until the requirements under this article are met.
(2)
Alternatively, the city may bring the matter before the municipal
court for determination. Any person alleged to be violating any provision
of this section shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined in any sum not more than one hundred dollars
($100.00), and each day that such violation continues shall be deemed
to constitute a separate offense.
(Ordinance 3-24-2021-1 adopted 3/24/21)
