(a)
The operation of the waterworks, sewage disposal system, and any
other public utilities now being operated by or hereafter operated
by the city council shall be conducted through and as a part of the
public utilities department of the city, which shall be at all times
and in every respect subject to the control and direction of the city
council pursuant to its ordinances, rules, regulations, and resolutions,
and as governed by the applicable laws of the state.
(b)
The mayor and city council shall employ a suitable person to be in
charge of and whose title shall be “The Superintendent of Public
Utilities, Yorktown, Texas,” hereinafter referred to as the
superintendent, who shall be an employee of the city, holding such
employment from month to month and whose salary shall be payable on
a monthly basis as set by the mayor and city council at the time of
his employment and as provided for in the city budget.
(c)
The superintendent may be dismissed and his employment terminated
by giving him thirty (30) days’ notice thereof by the mayor
and city council, they giving or assigning their reason or reasons
therefor, and he shall remain at all times while so employed under
the control and direction of the mayor and city council. In the event
the superintendent’s employment is so terminated by the giving
of thirty (30) days’ notice as aforesaid, then, and in that
event, he shall be entitled to fifteen (15) days’ termination
pay, provided he terminates his employment immediately; otherwise,
in the event he elects to work all or any part of the thirty days’
notice given to him, then his termination pay shall be proportionately
decreased, and if he works fifteen days of the thirty days’
notice then he shall not be entitled to any termination pay. In making
the initial appointment of or any subsequent appointments of the superintendent,
the mode of his selection shall be upon the recommendation of the
mayor and as confirmed by the city council.
(d)
The superintendent of public utilities shall be employed as soon
as practicable after the passage of this section. Subsequently or
thereafter, upon the resignation or discharge of the superintendent
by the mayor and city council, a suitable person shall be similarly
appointed and he shall forthwith enter upon the performance of such
duties.
(e)
The superintendent shall read the water meters of every patron of
the waterworks system each month and in time to report the readings
to the office of the city secretary on or before the 23rd of each
month. He shall take water samples from the water system each month
and send them to the state department of health services for analysis
and once each year he shall send samples from all wells supplying
water to the water system of the city to the state department of health
services for analysis, filing all reports of analysis made and as
received from the state department of health services forthwith with
the city secretary.
(f)
The superintendent shall inspect the operation of the waterworks
and sewage disposal systems, devoting his personal attention thereto
continuously, taking care of all pumps and keeping them greased and
in good working condition, seeing to it that the storage tank and
water tower are kept filled at all times, keeping the pumping plants
clean and in good operating condition, superintending all taps of
water mains, laying of water pipes and sewer pipes, making connections
with the water mains, and ascertaining that water meters are kept
in good working order as well as all water cut-offs at the meters.
(g)
The superintendent shall see that there are no water leaks in the
water system, repairing the same promptly as they appear; he shall
install meter boxes whenever so requested and as necessary.
(h)
The superintendent shall take good care of all the tools, equipment,
motor vehicles and supplies belonging to the city insofar as the same
shall be given or assigned to him; he shall not use nor lend out any
of said items to any person, firm, partnership, corporation or body
either natural or artificial, unless engaged in the work of the city
and having approval of the city council, nor shall he permit any item
or motor vehicle to leave the city limits without the express consent
of the mayor or of a member of the city council.
(i)
The superintendent shall flush all city fire hydrants once every
thirty days and keep the taps and nuts in good working order as well
as properly greased.
(j)
The superintendent shall not hire any laborers or assistants without
the express consent of the mayor and city council when the amount
or cost of labor involved exceeds the sum of fifty dollars ($50.00)
in any given calendar month. The superintendent shall make monthly
reports to the mayor and city council, giving them up-to-date information
regarding the condition of the waterworks system, fire hydrants, sewage
disposal system, and all extensions made on the waterworks and sewage
disposal systems in his said reports, showing the same on a map whereon
shall be correctly designated the location of such additions, and
he shall indicate the depth of the pipe, size of the pipe and the
location of each new fire plug.
(k)
The superintendent shall not purchase any article, item or make any
engagements or contract for material, merchandise, supplies or labor
where the amount involved shall exceed the sum of two hundred dollars
($200.00) in any given calendar month without the express approval
and authorization of the mayor and city council.
(l)
The superintendent shall make and file with the city secretary a
daily work sheet for each working day on which he shall list the work
performed in his department and the approximate time required in accomplishing
the same. The work sheet shall be filed on the day following the day
on which the work was done.
(Ordinance adopted 4/19/53)
(a)
Deposit.
The city’s deposit for persons desiring
city utilities shall be in the amount established by city council.
The provisions of the ordinance regarding necessity of the deposit
and lien for unpaid charges are unchanged.
(b)
Billing generally.
All monthly water bills and sewer
and garbage charges shall be billed and considered in all things as
one charge, and the payment of such charge shall not be divided at
any time for any reason, and the payment shall apply to the bill as
a whole. Monthly charges shall become due and payable on the first
of each month following the month in which service was rendered and
shall be payable in full at the city offices by the tenth day of that
month.
(c)
Reading of meters; delinquency; meter tampering fee.
(1)
All water meters will be read as nearly as possible by the 20th of
each month by city personnel.
(2)
All bills for water usage shall be mailed out by the city on the
last day of each month.
(3)
The water bill will become delinquent on the tenth of the month following
the receipt of the water bill by the patron.
(4)
All patrons delinquent on the 15th of the month will be notified
that their water services will be terminated for nonpayment on the
25th of the month. A flat fee in the amount established by city council
will be assessed on each delinquent water account.
(5)
All patrons where water services were terminated will be charged
a reconnect fee in the amount established by city council to restore
service.
(6)
A tampering fee in the amount established by city council will be
charged to accounts where meters have shown unauthorized usage.
(7)
No person whose service has been turned off shall be allowed to reopen
the service or turn on the water until all fees have been paid in
full.
(8)
Any person owing water rents and moving to other premises shall pay
all former delinquencies before service is connected.
(d)
Access to meter; malfunctioning meters.
(1)
If easy access to a meter is obstructed in any manner whatsoever
by a patron or if entrance to the premises is made dangerous by a
vicious dog or otherwise, thereby preventing a meter reader from procuring
a reading of the meter, the charges may be estimated for the amount
not to exceed double the normal charge, and if the consumer does not
remedy the condition and should he further refuse to pay the estimated
bill, the city water department shall have the right to discontinue
the service without further notice, and service shall not be resumed
until the conditions complained of have been remedied and all charges
for water service paid.
(2)
If a meter fails to register the water actually consumed by reason
of the register or meter getting out of order, the city water department
may estimate the charge by the normal consumption, taking into consideration
the season of the year. This estimation may be based on the consumption
either before or after the period the meter fails to register the
water consumed.
(e)
Testing of meter.
If a patron complains of the charges
for water supplied him and if he demands that the meter supplying
his premises be tested, the city water department may remove and test
the meter, and the consumer or his representative shall witness such
test. If it is found that the meter does not register in error more
than two percent fast, the consumer shall pay the amount established
by city council for making the test, and no adjustment of the charges
shall be made. If, however, the meter should register more than two
percent fast, the consumer shall pay no fee for such test, and the
city water department shall make appropriate adjustment in the water
service charges.
(Ordinance adopted 1/23/07; Ordinance adopting Code)
During periods declared to be a water shortage, it shall be unlawful for residents of the city who live on the north side of State Highway No. 72, also known as Main Street, to water lawns or other outdoor vegetation on Tuesdays, Thursdays or Saturdays. It shall be unlawful for residents of the city who live on the south side of State Highway No. 72 to water lawns or other outdoor vegetation on Mondays, Wednesdays or Fridays. “Resident” shall be presumed to be the person or persons responsible for the payment of charges for water and sewer service to the property, as shown on the records of the city. “Water shortage” shall mean a period of time after any day in which total usage exceeds 700,000 gallons of water in the city. The city secretary shall cause notice of the water shortage to be published in any newspaper of general circulation in the county, and the period of water shortage shall continue until notice of the termination of such period is published in a similar fashion. A violation of this section shall be punishable by a fine in accordance with section 1.01.009 of this code for each day on which unlawful watering occurs.
(Ordinance adopted 7/24/89)
