Any person or party owning or occupying property inside the
service area of the city who desires service and has made application
for same.
An owner, tenant, occupant or resident of a property which
is connected to city water service lines and who is using the service
of the city waterworks.
The city has jurisdiction and/or regulatory powers over the
operations of the waterworks in accordance with V.T.C.A. Utilities
Code.
The actual delivery of water to a customer, including any
and all acts done, rendered or performed in the delivery of water
by the city.
All properties, facilities and plants currently owned, operated
and maintained by the city for the supply, treatment and transmission
of treated potable water, and all parts of the sanitary sewer system,
together with all future extensions, improvements, replacements and
additions thereto.
A board consisting of one (1) city council member appointed
by the city council, the director/manager of the waterworks and a
private citizen selected by the city council. The city council member
shall chair all meetings of the board and submit minutes and findings
to the city council. The board shall review customer complaints and
requests as specified in these service rules and regulations.
(1986 Code, ch. 10, sec. 1(A); 1993
Code, sec. 11.201; Ordinance 402-97, sec. 1, adopted 4/15/96)
(a)
Statement of organization.
Water and Wastewater Public
Utility, Willow Park, Texas, is a municipal utility organized under
the laws of the state for the purpose of providing water and wastewater
treatment utility services to the public. City operating policies,
rates, tariffs and regulations are formulated and effected in accordance
with the rules, regulations and procedures of the city council and
other regulatory agencies.
(b)
Nondiscrimination policy.
Service is rendered to all
applicants within the city’s service area who comply with the
provisions of this article, regardless of race, color, creed, sex,
marital status or national origin.
(1986 Code, ch. 10, sec. 1(B); 1993
Code, sec. 11.202; Ordinance 402-97, sec. 2, adopted 4/15/96)
The rate schedule for water service shall be as established
by city council.
(1986 Code, ch. 10, sec. 1(C); Ordinance 297-91 adopted 7/10/91; 1993 Code, sec. 11.203; Ordinance adopting
2017 Code)
Contributions in aid of construction shall not be required of
individual residential customers for production, storage, treatment
or transmission facilities, except that developers of property to
be ultimately subdivided into five (5) or more serviceable lots may
be required to provide contributions in aid of construction in amounts
to furnish the development with facilities compliant with the department
of state health services, city ordinances or other regulatory authority
minimum design criteria for production, storage, treatment or transmission
facilities. The city may require developers to install facilities
which exceed the minimum requirements for a specific subdivision.
Such additional requirements will be based on a city water improvement
master plan and shall be coordinated with the developer and the city
engineering public works director and the planning and zoning committee.
The city shall reimburse the developer or share in the cost of water
facilities to the extent of the added cost of such added requirements.
This policy shall be consistent and applied in a nondiscriminatory
manner.
(1986 Code, ch. 10, sec. 1(E); 1993
Code, sec. 11.205)
Except in cases where the customer has a contract with the waterworks
for reserve or auxiliary service, no other water service will be used
by the customer on the same installation in conjunction with the waterworks’
service.
(1986 Code, ch. 10, sec. 1(F); 1993
Code, sec. 11.206)
No application, agreement or contract for service may be assigned
or transferred without the written consent of the waterworks.
(1986 Code, ch. 10, sec. 1(G); 1993
Code, sec. 11.207)
It is agreed and understood that any and all meters, water lines
and other equipment furnished by the waterworks (excepting the customer’s
individual service lines from the point of connection to the customer’s
structures on the customer’s premises) is and shall remain the
sole property of the waterworks, and nothing contained herein shall
be construed to reflect a sale or transfer of any such meters, lines
or equipment to any customer. All tap charges shall be for payment
for the privilege of connecting to said water lines and for installation,
not purchase, of said meters.
(1986 Code, ch. 10, sec. 1(H); 1993
Code, sec. 11.208)
It shall be required for the issuance of a certificate of occupancy
and a condition on the issuance of a building permit for connection
to be made to the water service system. Said connection shall be made
after applicable tap fees have been paid and shall be made in accordance
with all city ordinances and city plumbing standards. All citizens
owning buildings and/or residences are required to connect to said
water system that do not have an operational and functioning water
system already in place as of July 15, 1985.
(1986 Code, ch. 10, sec. 1(J); 1993
Code, sec. 11.210)
All applications for service will be made on the city’s
standard application and will be signed by the applicant before water
service is supplied by the city. A separate application will be made
for each service at each separate location, for homes or single business
units or for apartments or multiple business units.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(a))
(a)
City water main in place abutting user’s property.
After proper application made by the applicant, the city shall install
a standard water connection at the property line as determined by
the city no more than ten feet (10') in distance from the existing
water main, unless the customer agrees to pay for the additional extension
of the service line.
(b)
City water main not on or abutting user’s property (existing
subdivisions).
In the event an applicant desires water
service to property which does not currently have city water mains
in place, the applicant shall pay the applicable tap fee and deposit.
Any facilities so provided shall be the property of the city.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(b))
The piping and other equipment past the outlet flange of the
meter on the premises furnished by the customer will be maintained
by the customer at all times in conformity with the requirements of
the city and with the service rules and regulations of the city. The
customer will bring out his service line to his property line at the
point nearest the city’s existing meter. No water service smaller
than five-eighths inch (5/8") will be connected. On water service
the city will not provide a meter cut-off for use of the customer.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(c))
The city will have the right of access to the customer’s
premises at all times reasonable for the purpose of installing, inspecting
or repairing water mains or other equipment used in connection with
its provision of water service, or for the purposes of removing its
property and disconnecting lines and for all other purposes, to protect
the health and welfare of its customers.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(d))
The customer will be billed monthly for all water supplied at applicable current rates as set forth herein under section 13.03.003.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(e))
The city may decline to serve an applicant until such applicant
has complied with the state and municipal regulations and approved
rules and regulations of the waterworks on file with the city governing
the services applied for or for the below-listed reasons. In the event
that the city shall refuse to serve an applicant under the provisions
of these rules, the city must inform the applicant of the basis of
its refusal and that the applicant may file a complaint with the water
review board. The applicant may appeal the decision of the water review
board to the city council.
(1)
Applicant’s facilities inadequate: If the applicant’s
installation or equipment is known to be hazardous or of such character
that satisfactory service cannot be given;
(2)
For indebtedness: If the applicant is indebted to any utility for
the same kind of service as that applied for; provided, however, that
in the event the indebtedness of the applicant for service is in dispute,
the applicant may appeal to the water review board. The applicant
shall be served if so directed by the board;
(3)
Refusal to make deposit: For refusal to make a deposit if the applicant
is required to make a deposit under these rules;
(4)
Delinquency in payment for service by a previous occupant of the
premises to be served;
(5)
Failure to pay for merchandise or charges for non-utility service
purchased from the city;
(6)
Failure to pay a bill to correct previous underbilling due to misapplication
of rates up to six (6) months prior to the date of the application.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(f))
(a)
The due date of the bill for utility service shall be the tenth of
each month. A bill for utility service is delinquent if unpaid by
the due date. The postmark, if any, on the envelope of the bill, or
an issuance date on the bill if there is no postmark on the envelope,
shall constitute proof of the date of issuance. If the due date falls
on a holiday or weekend, the due date for payment purposes shall be
the next workday after the due date.
(b)
A customer’s utility service may be disconnected is the bill
has not been paid or a deferred payment agreement entered into within
twenty-three (23) days from the date of issuance and if proper notice
has been given. Proper notice shall consist of a separate mailing
or hand delivery at least seven (7) days prior to a stated date of
disconnection, with the words “termination notice” or
similar language prominently displayed on the notice. The information
included in the notice shall be provided in English and Spanish as
necessary to adequately inform the customer. If mailed, the cut-off
day may not fall on a holiday or weekend but shall fall on the next
workday after the seventh (7th) day. Payment at a utility’s
authorized payment agency is considered payment to the utility.
(c)
A customer who issues the waterworks a check in payment of service,
or for any other reason, which is returned as invalid may have the
meter disconnected. The customer will be notified by mail (with two
(2) business days allowed for receipt) or telephone. After notification,
service will be disconnected by noon on the day after notification
unless the bill, late charges and related fees are paid. All disconnect
fees, service fees due, reconnect fees and a returned check charge
must be paid prior to service being reconnected.
(d)
Waterworks service may be disconnected after proper notice for any
of the following reasons:
(1)
Failure to pay a delinquent account for waterworks service or failure
to comply with the terms of a deferred payment agreement;
(2)
Violation of the city’s rules pertaining to the use of service
in a manner which interferes with the service of others, or the operation
of nonstandard equipment;
(3)
Failure to comply with deposit or guarantee arrangements where required;
(4)
Tampering with the waterworks’ meter or equipment or bypassing
the same; and
(5)
Without notice where a known dangerous condition exists for as long
as the condition exists, or where service is connected without authority
by a person who has not made application for service or who has reconnected
service without authority following termination of service for nonpayment.
(e)
Waterworks service may not be disconnected for failure to pay charges
arising from an underbilling occurring due to any misapplication of
rates more than six (6) months prior to the current billings (underbillings
will be paid at the next billing).
(f)
Unless a dangerous condition exists, or unless the customer requests
disconnection, service shall not be disconnected on a day, or on a
day immediately preceding a day, when personnel of the utility are
not available to the public for the purpose of making collections
and reconnecting service.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(g); Ordinance adopting 2017 Code)
It shall be policy of the waterworks to work with customers
when hardship cases exist. The director/manager of the waterworks
shall offer, upon written request, a deferred payment plan to any
residential customer who has demonstrated a good faith ability to
pay a reasonable portion but not all of his/her bill, if that customer
has not previously been delinquent at any time during the preceding
twelve (12) months. Such a deferred payment plan shall not exceed
two (2) equal monthly payments which are additive to the cost of services
for each of the next two (2) months. Customers with hardships which
exceed these guidelines or whose request is denied by the director/manager
may appeal to the water review board.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(h))
(a)
Deposit required.
The waterworks requires a deposit
from each applicant for waterworks service in a sum reasonably related
to anticipated usage and considering payment history.
(b)
Establishment of credit for permanent residential applicants.
(1)
The waterworks may require a residential applicant for service to
satisfactorily establish credit, but such establishment of credit
shall not relieve the customer from complying with rules for prompt
payment of bills.
(2)
Subject to these rules, a residential applicant shall not be required
to pay a deposit if the residential applicant has been a customer
of any utility for the same kind of service within the last two (2)
years and is not delinquent in payment of any such utility service
account and during the last twelve (12) consecutive months of service
did not have more than one (1) occasion in which a bill for such utility
service was paid after becoming delinquent and never had service disconnected
for nonpayment.
(c)
Re-establishment of credit; meter tampering or bypassing meter.
Every applicant who previously has been a customer of the city and whose service has been discontinued for nonpayment of bills or meter tampering or bypassing of meter shall be required before service is rendered to pay all amounts due the utility and re-establish credit as provided in this section, plus a deposit as stipulated in section 13.03.003.
(1)
In cases of meter tampering or bypassing of a meter, water consumed
but not metered may be estimated by the utility based on amounts used
under similar conditions during preceding years. Where no previous
usage history exists or is considered unreliable due to meter tampering
or bypassing of a meter, consumption may be established on the basis
of usage levels of similar customers and under similar conditions.
(2)
The waterworks will charge for all labor, material and equipment
necessary to repair or replace all equipment damaged due to meter
tampering or bypassing of a meter. The minimum charge for tampering
or equipment damage or bypassing will be in the amount established
by city council.
(d)
Exemption from deposit for homestead service for elderly persons.
All applicants for permanent residential (declared as homestead)
service who are sixty-five (65) years of age or older will be considered
as having established credit if such applicant does not have an outstanding
account balance with the utility or another utility for the same utility
service which accrued within the last two (2) years. No cash deposit
shall be required of such applicant under these conditions.
(e)
Determinations; refund of deposit.
(1)
All determinations as to applicable fees and deposits shall be made
pursuant to the rate schedule for water and wastewater utility services
as established by city council. Deposits shall be paid by all customers,
residential and commercial.
(2)
Deposits will be refunded upon application tendered after disconnection
of services and payment of all sums owed on the account for which
a refund of deposit is requested.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(i); Ordinance 402-97, sec. 3, adopted 4/15/97; Ordinance 413-97 adopted 11/18/97; Ordinance 509-04, sec. 3, adopted 2/17/04; Ordinance adopting 2017 Code)
(a)
Bills for water service shall be rendered monthly unless otherwise
authorized by the city, or unless service is terminated before the
end of a billing cycle. Service initiated less than one (1) week before
the next billing cycle may be billed with the following month’s
bill. Bills shall be rendered as promptly as possible following the
reading of meters.
(b)
The customer’s bill shall show all the following information,
if applicable:
(1)
If the meter is read by the utility, the date and reading of the
meter at the beginning and at the end of the period for which the
bill is rendered;
(2)
The number and kind of units metered (gallons only);
(3)
The applicable rate schedule title or code;
(4)
The total amount due for water and sewer service;
(5)
The due date of the bill;
(6)
A distinct marking to identify an estimated bill;
(7)
Late charges, if paid after the fifteenth (15th) day after billing;
and
(8)
Late charges not paid from previous bills.
(c)
When there is good reason for doing so, estimated bills may be submitted
provided that an actual meter reading is taken every six (6) months.
In months where the meter reader is unable to gain access to the premises
to read the meter on regular meter reading trips, or in months where
meters are not read, the waterworks may provide the customer with
a postcard and request the customer to read the meter and return the
card to the waterworks. If such postcard is not received by the waterworks
in time for billing, the waterworks may estimate the meter reading
and render the bill accordingly.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(j))
(a)
Generally.
(1)
Use of meter.
All water sold by the waterworks shall
be charged for by meter measurements, except where otherwise provided
for by the applicable rate schedule or contract.
(2)
Installation.
Unless otherwise authorized by the council,
the waterworks shall provide and install and shall continue to own
and maintain all meters necessary for the measurement of water to
its customers.
(3)
Type of meter.
The waterworks shall not furnish, set
up or put in use any meter which is not reliable and of a standard
type which meets industry standards; provided, however, special meters
not necessarily conforming to such standard types may be used for
investigation or experimental purposes.
(b)
Records.
The city waterworks shall keep the following
records:
(1)
Meter equipment record.
Each utility shall keep a record
of all of its meters, showing the customer’s address, account
number and date of the last test.
(2)
Records of meter tests.
All meter tests shall be properly
referenced to the meter record provided for herein. The record of
each test made on a customer’s premises or on request of a customer
shall show the identifying number and constants of the meter, the
standard meter and other measuring devices used, the date and kind
of test made, by whom made, the error (or percentage of accuracy)
at each load tested, and sufficient data to permit verification of
all calculations.
(c)
Meter reading.
(1)
Meter unit indication.
In general, each meter shall
indicate clearly the gallons of water or other units of service for
which charge is made to the customer.
(2)
Schedule.
As a matter of general practice, service meters
shall be read at monthly intervals, and as nearly as possible on the
corresponding day of each meter reading period, but may be read at
other than monthly intervals if the circumstances warrant.
(d)
Meter tests on request of customer.
The waterworks shall, upon the request of a customer, make (without charge, if defective) a test of accuracy of the customer’s meter by a certified testing laboratory. The charge for meter testing, if the meter is found to be operating properly as defined by the accuracy standards established by the American National [Standards] Institute or the American Water Works Association, shall be as specified in section 13.03.003. Following the completion of any requested test, the waterworks shall promptly advise the customer of the date of removal of the meter, the date of the test, the result of the test, and who made the test. Records of the tests and results shall be maintained by the waterworks and shall be available for customer review.
(e)
Bill adjustment due to meter error.
If any meter is
found to be outside of the accuracy standards established by the American
National Standards Institute, Incorporated, or the American Water
Works Association, proper correction shall be made of previous readings
for the period of six (6) months immediately preceding the removal
of such meter from service for test, or from the time the meter was
in service since last tested, but not exceeding six (6) months, as
the meter shall have been shown to be in error by such test, and adjusted
bills shall be rendered. No refund is required from the waterworks
except to the customer last served by the meter prior to the testing.
If a meter is found not to register for any period, unless bypassed
or tampered with, the waterworks shall make a charge for units used,
but not metered, for a period not to exceed six (6) months based on
amounts used under similar conditions during the period preceding
or subsequent thereto, or during corresponding periods in previous
years.
(1986 Code, ch. 10, sec. 1(D); 1993
Code, sec. 11.204(k))
