The utilities department is invested with the power to control, operate, manage, maintain and improve the waterworks and sewer system of the city, and no other person shall be allowed to sell water or sewer service to any consumer within the city except by special permission in writing by the city council and upon and under the conditions of this article.
(Ordinance 219, sec. 1, adopted 2/5/48; 1972 Code, sec. 26-1)
Not more than two (2) separate services shall be rendered on any one meter, provided all services shall be located upon the same block of ground with no intervening streets or alleys, nor any public or private property between them. Where water is supplied through a single pipe on which there is a meter, the water department shall not undertake to apportion the charges for use of water among the several owners or occupants, families or tenants, but the bill for the use of water will be charged against the owner or occupant through whose property the service pipe passes.
(Ordinance 219, sec. 8, adopted 2/5/48; 1972 Code, sec. 26-2)
The city may, upon approval of its council, render water service to premises located outside of the city, upon the following conditions and subject to the following regulations:
(1) 
Application for extension; installation of pipe; purchase of meter.
Any person desiring to use water shall, when an extension of a main is necessary to render such service, make application to the city requesting service, and shall state in such application the exact location of the premises to be served and the purpose for which the water is to be used. Such application shall also contain an agreement, signed by the owner of the property to be served, which will render the owner liable for all water rates or charges accruing under such service, or if by a tenant he shall furnish a good and sufficient bond to the city conditioned for payment of such charges, said bond in all instances to be approved by formal order of the city council. In event such application is granted, such person so applying shall, at his own cost and expense, lay the kind and character of water pipe prescribed by the water superintendent, before connecting with the water main of the city, which pipe shall be laid under the supervision of the superintendent, and all pipes laid by such person shall be in accordance with the regulations governing connections and the laying of water pipes in the city. Furthermore, any such person shall, at his own cost and expense, if the city so elects, purchase a meter, together with meter box and necessary fittings, all of the kind and character prescribed by the utilities department, for the purpose of measuring said water, and such water pipe and meter shall be at all times kept in good repair at the cost of such person making such application.
(2) 
Agreement by original applicant for additional connections.
When such extension of water mains or service pipes has been installed outside the corporate limits and application for additional service is made to connect with such extension or service pipe, such applicant shall present with his application written permission of the original applicant, or the then owner of such extension, to connect with said service.
(3) 
Nonliability of city; indemnity bond.
The city shall in no event be liable for any damages of any character that may arise out of or be occasioned by any injury to person or property by reason of the laying of any water pipe, the digging of any ditch, the refilling of same, or under any occurrence arising from the construction, laying, maintenance or operation of any such water line laid outside of the corporate limits; and any applicant for such service shall execute to the city a good and sufficient bond, in an amount and form and with sureties as may be approved by the council, fully indemnifying the city as to any loss or damage growing out of or resulting from the construction, laying, maintaining and operating of such line.
(4) 
Maintenance of mains and service pipes.
The city shall not be liable for the maintenance of any water main or service pipe lying outside of the corporate limits, unless owned by it; and the right is reserved by the city to discontinue water service through any such main or service line which causes a waste or leakage of water.
(5) 
City not bound to continue service.
In no event will the city, under the terms hereof, be obligated to continue to furnish water to any person outside of the corporate limits, but may revoke the permission at any time without notice.
(6) 
General regulations apply.
All such service outside the corporate limits shall, in all respects not otherwise provided herein, be subject to the same regulations for service and the manner of paying the compensation as provided for service inside the corporate limits unless otherwise provided.
(7) 
Location of meters; responsibility for condition of mains, pipes or services.
All meters serving premises outside the corporate limits of the city shall be set inside (or as near as practicable) the city limits, and the city shall not be responsible for the condition of any mains, pipe or services outside the city limits.
(Ordinance 219, sec. 9, adopted 2/5/48; 1972 Code, sec. 26-3)
(a) 
Required.
No new water service shall be installed to serve any premises from the city water supply, within or without the corporate limits, until application, as in this article provided, is made and permit issued.
(b) 
Form.
Before water shall be supplied to any person or any premises by the city, the owner or occupant of the property shall make written application for such service upon a form provided by the city, which application shall contain a contract on the part of the applicant to pay the stipulated water charges at the time and in the manner provided in this article, reserving the right to the city to enforce and collect all rates and charges in the manner provided for in this article, and to change rates and temporarily discontinue the service without notice to the consumer. Said application shall further provide that the city or utilities department shall not be responsible for any damage by water resulting from defective plumbing, broken or defective services or water mains, or resulting from any condition of the water itself, or any substance that may be mixed with or be in the water as delivered to the consumer. The application shall state whether the property is occupied by the owner or tenant, and shall give the name and address to which bills shall be sent, and in case the applicant has had water service before he shall give the location of the premises from which he last received such service. If the application is for service to a residence, the head of the family shall sign the application and if for service other than a residence, the application shall be signed by the owner or manager of the business there conducted.
(Ordinance 219, secs. 11, 19, adopted 2/5/48; 1972 Code, secs. 26-4, 26-5)
(a) 
The utilities department shall require from any applicant for utility service a cash deposit to secure payment of utility charges that may accrue, payable at the time of making application for utility service, the amount of which shall be as set forth in the fee schedule in appendix A of this code. The city manager or his designee is authorized to waive the deposit requirements for utility service customers if the customer has a good standing payment history with the utility department.
(b) 
On the making of any application for water service, there shall be made by the applicant and the city an estimate of the amount of water that the consumer will use per month according to his business and needs, and if the estimated charge for two (2) months use of water exceeds either of the above amounts, the deposit shall be as set forth in the fee schedule in appendix A of this code. If at any time during the time that service is being rendered by the city to any consumer it be found that the deposit required and collected is not sufficient to protect the city from losses that might be sustained over a period of two (2) months, the city at its discretion may require an additional deposit, and failure to so make such additional deposit within ten (10) days after written notice to the consumer addressed to the address set in the original application for delivery of bills shall be sufficient cause to discontinue service as herein provided for failure to pay charges.
(c) 
The deposits made hereon shall be kept in a separate fund and shall be returned to the consumer upon discontinuance of service and payment of all charges then due.
(d) 
In case a person making a deposit becomes insolvent or bankrupt, or makes an assignment for the benefit of creditors, the city shall have the right to apply the deposit to the bill that may then be outstanding.
(e) 
A utility deposit shall be refunded to any customer under the following conditions:
(1) 
The account has been active, in the name of the same customer, for a period of three (3) years;
(2) 
There have been no cut-offs of such account in such three-year period; and
(3) 
There have not been any late payments or delinquent notices on the customer’s record for such three-year period.
(Ordinance 219, secs. 8, 12, adopted 2/5/48; Ordinance 742, sec. 1, adopted 12/12/78; Ordinance 954, sec. 1, adopted 8/23/94; Ordinance 1058, sec. 1, adopted 3/9/04; Ordinance 1084, sec. 1, adopted 9/25/07; Ordinance 1217, sec. 1, adopted 9/8/15; 1972 Code, sec. 26-6; Ordinance adopting 2023 Code)
Water tap fees shall be charged and collected by the city from all customers obtaining service from such system in the amount set forth in the fee schedule in appendix A of this code.
(Ordinance 618, sec. 3, adopted 8/26/69; Ordinance 632, sec. 3, adopted 7/27/71; Ordinance 749, sec. 1, adopted 7/24/79; Ordinance 1010, sec. 1, adopted 9/28/99; Ordinance 1101, sec. 1, adopted 9/9/08; Ordinance 1118, sec. 1, adopted 9/14/10; Ordinance 1125, sec. 1, adopted 11/9/10; Ordinance 1149, sec. 1, adopted 10/11/11; Ordinance 1182, sec. 1, adopted 9/10/13; 1972 Code, sec. 26-7; Ordinance adopting 2023 Code)
Sewer tap fees shall be charged and collected by the city from all customers obtaining service from such system in the amount set forth in the fee schedule in appendix A of this code.
(Ordinance 618, sec. 4, adopted 8/26/69; Ordinance 632 adopted 7/27/71; Ordinance 749, sec. 2, adopted 7/24/79; Ordinance 1010, sec. 2, adopted 9/28/99; Ordinance 1101, sec. 2, adopted 9/9/08; Ordinance 1118, sec. 2, adopted 9/14/10; Ordinance 1149, sec. 2, adopted 9/27/11; Ordinance 1182, sec. 2, adopted 9/10/13; 1972 Code, sec. 26-8; Ordinance adopting 2023 Code)
The city shall provide a wye in the alley or street adjacent to the last or nearest corner of the connector’s property within ten (10) feet of the surface of the ground. The house connection from the city lateral shall be installed at the expense of the connector in accordance with the regulations of and subject to the inspection of the city.
(Ordinance 618, sec. 5, adopted 8/26/69; Ordinance 632, sec. 5, adopted 7/27/71; 1972 Code, sec. 26-9)
(a) 
Water rates to be charged and collected by the city from all customers obtaining service from such system are as set forth in the fee schedule in appendix A of this code
(b) 
Wholesale/bulk water rates are as set forth in the fee schedule in appendix A of this code.
(Ordinance 219, sec. 8, adopted 2/5/48; Ordinance 618, sec. 1, adopted 8/26/69; Ordinance 632, sec. 1, adopted 7/27/71; Ordinance 748, sec. 1, adopted 7/24/79; Ordinance 759, sec. 1, adopted 7/79/80; Ordinance 785, sec. 1, adopted 7/28/81; Ordinance 813, sec. 1, adopted 7/27/82; Ordinance 816, sec. 1, adopted 8/24/82; Ordinance 953, sec. 1, adopted 8/23/94; Ordinance 1003, sec. 1, adopted 9/22/98; Ordinance 1010, sec. 3, adopted 9/28/99; Ordinance 1017, sec. 1, adopted 9/12/00; Ordinance 1026, sec. 1, adopted 8/28/01; Ordinance 1043, sec. 1, adopted 9/10/02; Ordinance 1054, sec. 1, adopted 9/9/03; Ordinance 1061, sec. 1, adopted 9/14/04; Ordinance 1066, sec. 1, adopted 9/13/05; Ordinance 1073, sec. 1, adopted 9/12/06; Ordinance 1076, sec. 1, adopted 11/14/06; Ordinance 1084, sec. 2, adopted 9/25/07; Ordinance 1101, sec. 3, adopted 9/9/08; Ordinance 1118, sec. 3, adopted 9/14/10; Ordinance 1147, sec. 1, adopted 8/23/11; Ordinance 1175, sec. 1, adopted 9/11/12; Ordinance 1182, sec. 3, adopted 9/10/13; Ordinance 1203, sec. 1, adopted 9/23/14; Ordinance 1217, sec. 2, adopted 9/8/15; Ordinance 1228, sec. 1, adopted 8/23/2016; Ordinance 1240, sec. 1, adopted 9/12/17; Ordinance 1246, sec. 1, adopted 11/14/17; Ordinance 1257, sec. 1, adopted 9/11/18; 1972 Code, sec. 26-10; Ordinance 1279 adopted 8/11/20; Ordinance 1290, sec. 1, adopted 7/27/21; Ordinance adopting 2023 Code; Ordinance 1330 adopted 8/12/2025)
The minimum fee shall be waived for each unit that is vacant in apartments, trailers, living quarters, and/or unit in a multi-unit building served by water facilities, subject to receipt of a verifiable occupancy register that reflects renters and the total number of units rented as of the first day of each month.
(Ordinance 414, secs. 1, 2, adopted 5/26/58; Ordinance 1036, sec. 2, adopted 5/14/02; 1972 Code, sec. 26-11)
That sewer rates per month to be charged and collected by the city from all customers obtaining service from such system are as set forth in the user charge system in the fee schedule in appendix A of this code, based on the average water consumption per user facility.
(Ordinance 618, sec. 1, adopted 8/26/69; Ordinance 632, sec. 1, adopted 7/27/71; Ordinance 651, sec. 1, adopted 7/25/72; Ordinance 814, sec. 1, adopted 7/27/82; Ordinance 817, sec. 1, adopted 8/24/82; Ordinance 836, sec. 3, adopted 11/22/83; Ordinance 837, sec. 1, adopted 12/27/83; Ordinance 839, sec. 3, adopted 4/10/84; Ordinance 989, secs. 1–3, adopted 9/23/97; Ordinance 1017, sec. 2, adopted 9/12/00; Ordinance 1054, sec. 2, adopted 9/9/03; Ordinance 1066, sec. 2, adopted 9/13/05; Ordinance 1073, sec. 2, adopted 9/12/06; Ordinance 1084, sec. 3, adopted 9/25/07; Ordinance 1101, sec. 4, adopted 9/9/08; Ordinance 1118, sec. 4, adopted 9/14/10; Ordinance 1147, sec. 2, adopted 8/23/11; Ordinance 1175, sec. 2, adopted 9/11/11; Ordinance 1182, sec. 4, adopted 9/10/13; Ordinance 1203, sec. 2, adopted 9/23/14; Ordinance 1217, sec. 3, adopted 9/8/15; Ordinance 1228, sec. 2, adopted 8/23/16; Ordinance 1240, sec. 1, adopted 9/12/17; Ordinance 1257, sec. 2, adopted 9/11/18; 1972 Code, sec. 26-12; Ordinance 1290, sec. 2, adopted 7/27/21; Ordinance adopting 2023 Code; Ordinance 1330 adopted 8/12/2025)
All bills for services rendered by said systems shall be paid monthly within fifteen (15) days of the billing date. If not paid within fifteen (15) days of the billing date a penalty in the amount set forth in the fee schedule in appendix A of this code shall be added to the outstanding balance and all subsequent cumulative outstanding balances, and a second notice shall be mailed specifying the date and amount due. If the bill is not paid by the due date specified all services shall be discontinued. Applications for meter tests or protests of charges on file with the utilities department shall not in any manner alter or extend the purposes of this section. In the event of discontinuance of service an additional sum as set forth in the fee schedule in appendix A shall be charged for reconnection to the system. Should removal or lock of meter be required to prevent water usage by the customer after disconnect, an additional fee as set forth in the fee schedule in appendix A of this code shall be charged for reconnection. Water service shall be disconnected if the bill for sewer or sanitation service is not paid within fifteen (15) days after the due date, even though the bill for water service shall have been paid. Upon the existence of any evidence that any known or unknown person has engaged in conduct prohibited by section 12.02.032 (connecting or taking water illegally; interference with waterworks property), the owner of the account shall be required to pay an additional reconnect fee in the amount set forth in the fee schedule in appendix A of this code in addition to any other outstanding charges, and this fee will be assessed without regard to whether criminal charges are filed.
(Ordinance 219, secs. 8, 26, adopted 2/5/48; Ordinance 618, sec. 2, adopted 8/26/69; Ordinance 632, sec. 2, adopted 7/27/71; Ordinance 823 adopted 12/28/82; Ordinance 1010, sec. 4, adopted 9/28/99; Ordinance 1024, sec. 1, adopted 6/26/01; Ordinance 1058, sec. 2, adopted 3/9/04; Ordinance 1159, sec. 1, adopted 4/24/12; Ordinance 1180, sec. 1, adopted 8/13/13; Ordinance 1193, sec. 1, adopted 5/27/14; 1972 Code, sec. 26-13; Ordinance adopting 2023 Code)
When water is used in the construction or repair of property, or any service or connection charge for water or sewer is made in connection with same, it shall be charged against the owner of the property. In the event that such charges are not paid, connection for consumer service after completion will not be made until payment thereof; and where water is already turned on, and where such charges are not paid, it shall be turned off in the same manner as it may be turned off for any other delinquency in payment.
(Ordinance 219, sec. 13, adopted 2/5/48; 1972 Code, sec. 26-14)
City services, water, sewer or sanitation, shall not be made to any person who is delinquent for any charges previously made, or to any property, rental or otherwise, where charges for services were made, until full and final settlement has been arranged.
(Ordinance 219, sec. 16, adopted 2/5/48; Ordinance 881, sec. I, adopted 4/26/88; 1972 Code, sec. 26-15)
All rates and charges for service to premises shall accrue and be charged against the applicant until such time as written notice, given by such applicant or his duly authorized agent, to discontinue is filed with the city.
(Ordinance 219, sec. 14, adopted 2/5/48; 1972 Code, sec. 26-16)
It shall be the duty of the owner or agent of the property to which water or sewer service is furnished by the city to promptly give notice when such property becomes vacant, and if such notice is not given, the owner of the property shall be liable for all water charges against such property until such notice is given or a new application filed.
(Ordinance 219, sec. 15, adopted 2/5/48; 1972 Code, sec. 26-17)
(a) 
Notice required; termination date.
Whenever the city is authorized to terminate a customer’s water services against that customer’s consent, or whenever the city otherwise terminates water services to a customer in a nonemergency situation other than by the customer’s request, the city shall first provide notice in the form and manner described below before the termination of the services. If, after the city has complied with the notice requirements as described below, the customer does not request a hearing for review of the termination within the specified time, the city may terminate water services to the customer on the day and at the time specified in the notice to the customer or within five (5) calendar days thereafter. Any time elapsing after the declared termination date, the elapsing of which is due to the pendency of a hearing or the extension of time granted pursuant to a hearing, shall not be considered when calculating the five (5) days.
(b) 
Notification procedure.
Notice must be sent to a water customer at least eight (8) days prior to the proposed termination date of the services to that customer, if notice is sent by mail, or at least five (5) days prior to termination, if notice is delivered by the utilities department. The notice may be incorporated into the customer’s monthly bill, sent by certified letter or hand-delivered to the customer by a utilities department employee or other such person designated by the city to deliver such notices. The notice must be written and must clearly communicate the following information:
(1) 
The name of the customer whose service is proposed to be terminated;
(2) 
The address where the service is proposed to be terminated;
(3) 
The reason for the proposed termination, including the amount of delinquency if nonpayment of charges is the reason for termination;
(4) 
The day and time on which the water service will be terminated, unless conditions bringing about the termination are sooner remedied;
(5) 
That the customer has the right to appear and be heard at a hearing to contest the proposed termination prior to the date of termination;
(6) 
The means by which the customer may arrange for such a hearing;
(7) 
The date by which the customer must request and set the hearing in order to receive it, which deadline may be no earlier than one (1) day prior to the termination date; nor may that deadline ever be sooner than five (5) days from the date of the sending of notice, the five (5) days not including weekdays on which city offices are closed or holidays.
(c) 
Appeal by customer not receiving notice; notice to tenants.
(1) 
After the deadline for requesting a hearing, as described in subsection (b)(7) above, has passed, a customer may still request a hearing to review the decision to terminate the customer’s water service within ten (10) days of the mentioned deadline upon presentation to the city manager of an affidavit declaring that the customer, through no fault of that customer, did not receive notice of termination in time to act upon the same. When a hearing pursuant to this subsection is requested, the city manager shall, as soon as practicable, make a determination of whether the appeal appears to be meritorious; and if the city manager finds that it is meritorious, the city manager shall order the continuation or restoration of services pending the appeal. If the hearing officer finds in favor of the customer, the hearing officer may order the restoration of service.
(2) 
If the customer to whom water service is proposed to be terminated is a landlord who supplies water services to tenant water users, the city shall attempt to give notice to the tenant water users pursuant to this section.
(d) 
Hearing procedures.
(1) 
Should any customer request a hearing to review the decision to terminate that customer’s water services, the hearing shall be presided over by the city manager or any fair and neutral person he may appoint, which person must be of managerial employment and not involved in the original decision to terminate services, hereafter in this context known as the hearing officer. The hearing shall be held no sooner than the next business day nor later than fifteen (15) business days after being requested by the customer. The hearing officer may, in his discretion, delay or advance the hearing time upon the showing of good cause by the customer. At the hearing, the customer shall be given the opportunity to be heard in person to present the customer’s case, to present testimony from other persons and to admit documents. The customer may be represented by counsel, though the city shall, in no case, provide counsel. The customer shall be given the opportunity to confront and cross-examine any witness appearing against him at the hearing. The customer may request that a representative of the utilities department be present at the hearing and be subject to questioning. However, the rules of evidence for civil or criminal trials need not be enforced. The city’s reasons for terminating the customer’s water service shall be stated at the hearing.
(2) 
Upon reaching the final decision, the hearing officer shall state his reasons for reaching that decision and state the evidence on which the hearing officer relied in reaching those conclusions. Should the hearing officer find in favor of the customer, the customer’s water service shall continue. Should the hearing officer find against the customer, the customer’s water service shall be terminated. The hearing officer shall have the power to grant extensions, modify billings and fashion other reliefs as would be equitable.
(Ordinance 881, sec. II, adopted 4/26/88; 1972 Code, sec. 26-17.1)
(a) 
Water service.
(1) 
After the city has terminated a customer’s water service pursuant to the requirements of this chapter, or after the city terminates water service at the customer’s request, the city manager shall file a lien on the property which the terminated water service served and in the amount that the customer whose service was terminated owed to the city for water service at the time of the termination of services.
(2) 
If a property receives water services illegally, without having an account with the city utility department, then the city manager shall file a lien against that property in the amount of the proper charge for the water actually used, or, if there is no way of determining the amount of water used, in the amount of the minimum monthly water charge that would have been charged to that property, had a legitimate account been opened there, multiplied by the number of months during which that property illegally received such water services.
(b) 
Garbage collection.
(1) 
After the city has terminated a customer’s water services pursuant to the requirements of this chapter, or after the city terminates water service or garbage service at the customer’s request, or after a customer without water service becomes more than fifty dollars ($50.00) delinquent for garbage service alone, the city manager shall file a lien on the property which the terminated garbage collection service served and in the amount that the customer whose service was terminated owed to the city for garbage collection service at the time of the termination of services.
(2) 
If a property receives garbage collection services illegally without having an account with the city utility department, then the city manager shall file a lien against that property in the amount of the minimum monthly garbage collection charge that would have been charged to that property, had a legitimate account been opened there, multiplied by the number of months during which that property illegally received such garbage collection services.
(c) 
Sewer service.
(1) 
After the city has terminated a customer’s water service pursuant to the requirements of this chapter, or after the city terminates water service or sewer service at the customer’s request, or after a customer without water service becomes delinquent for more than fifty dollars ($50.00) in payment for sewerage charges alone to the city, the city manager shall file a lien on the property with terminated water service and in the amount that the customer, whose service was terminated, owed to the city for sewerage at the time of the termination of services or the accumulation of the aforementioned delinquency in payment for sewerage services.
(2) 
If a property receives sewerage services illegally, without having an account with the city utility department, then the city manager shall file a lien against the property in the amount of the minimum monthly sewerage charge that would have been charged to that property had a legitimate account been opened there, multiplied by the number of months during which that property illegally received such sewerage services.
(d) 
Lien minimum.
If a customer owes less than fifty dollars ($50.00) for the aggregate sum of water charges, garbage collection charges and sewerage charges at the time of termination of any of those services, no lien shall be filed against the property served by those services. No lien shall be filed on any property that the city knows to be a homestead, as defined by the Texas Constitution.
(e) 
Filing of lien.
Any lien authorized by this section shall be filed with the county clerk of Ward County, or with the county clerk of the county in which the property to which the lien will be attached is located. The city shall then have a privileged lien on as many lots or pieces of property as the terminated services previously served and are described on the lien instrument by metes and bounds, or by city lot and block description or by any other adequate description. The lien shall secure the charges made by the city for these above-discussed services rendered to that property. Such a lien shall be filed pursuant to the authority granted in V.T.C.A., Local Government Code, section 552.0025, and the Texas Constitution, article XI, section 5. The lien shall bear ten (10) percent per annum interest. The city manager shall add to any lien filed pursuant to this section the amount of the filing fee charged by the county clerk for filing that lien. The lien shall be effective against that property if the account holder or user of services at that property was either the owner of that property, a tenant of that property or a permissive holder of that property, or an adverse possessor of that property. It is further provided that, for any charges for which the lien authorized by this section is designed to secure, suit may be instituted, and recovery in the foreclosure of that lien may be had in the name of the city. The city attorney is authorized to file such suits.
(f) 
Notice and hearing.
After the filing of a lien pursuant to this section, the city secretary shall, within thirty (30) days of the filing of that lien, give the owner of that property and the account holder notice that such a lien or liens have been filed on that property and inform the owner and account holder of their rights of appeal. Within thirty (30) days of the postmark of the notice sent to the property owner or account holder, the property owner or account holder may appeal the decision to impose the lien on that property to the city manager or any fair and impartial person whom the city manager may designate. The city manager or his designee shall authorize the release of the lien if the property owner or account holder shows that no bill for the above-mentioned services to his property encumbered by the lien or liens is owing, or if the property owner shows that the encumbered property is and, at all times from the hour of filing of the lien or liens until the time of the appeal, has been a homestead, as defined by the Texas Constitution. The city manager or his designee may modify or release the lien to reflect the true amount of delinquency in payment for services to the property, if the owner or account holder demonstrates that a lesser bill is owing than the lien alleged, or if the city manager cannot show that all the lien alleged is owing. The person last listed on the county tax records as being the owner of any given piece of property shall be presumed to be the owner for purposes of this subsection, and the address listed for the owner on the county tax records shall be presumed to be the address of the owner.
(g) 
Release of lien.
Whenever a person or entity pays all principal, interest and the filing fee of a lien validly filed pursuant to this section, the city manager shall execute a release of that lien and surrender it to the paying party. The city shall not be responsible for filing that release.
(Ordinance 881, sec. II, adopted 4/26/88; 1972 Code, sec. 26-17.2)
(a) 
The owner of any property, which property is rented to another and such tenant carries city water, sewer or garbage collection services in the tenant’s name, may prevent the city from using that property as security for the water, sewer and garbage collection service charges for service to that property and from filing any lien on such property under that provisions of this article by filing with the city a declaration in writing specifically naming the service address of that property and declaring such to be rental property which the owner does not wish to be security for the water, sewer and garbage collection service charges for service to that property.
(b) 
When such a declaration has been filed with the city prior to the time the account holder begins to receive services, the city shall collect a deposit in an amount equal to a three (3) months’ estimated average bill on that account pursuant to this section. If a property owner wishes to declare in regard to the bill of a person or entity already receiving services at a particular property, that declaration shall not be effective until the posting of a deposit in an amount equal to a three (3) months’ estimated average bill on that account in the amount required by this section.
(c) 
Subsection (b) of this section notwithstanding, an owner of property who files the above-described declaration on property which is rented to another, and the tenant is carrying the city water, sewer or garbage collection services in the tenant’s name at the time of the passage of this section, then such declaration shall become immediately effective without the posting of a deposit in an amount equal to a three (3) months’ estimated average bill as described in this section. However, if water service is terminated to that tenant for delinquency in payment, a deposit in an amount equal to a three (3) months’ estimated average bill, pursuant to this section, shall be collected before such city water, sewer or garbage collection service is resumed. Any service account for water, sewer or garbage collection service established after the passage of this section shall be subject to subsections (a) and (b) of this section.
(d) 
The declaration of rental property shall be valid only so long as the person making such declaration owns such property, rents such property to another, and the tenant of such property carries city water, sewer or garbage collection services in the tenant’s name. The owner may revoke the declaration of rental property at any time by so notifying the city in writing.
(Ordinance 881, sec. II, adopted 4/26/88; 1972 Code, sec. 26-17.3)
The customer may request an extension of payment for an unpaid utility account. Extensions may be granted for no more than fifteen (15) days past the termination date. There will be no more than two (2) approved extensions per customer, per calendar year. All extensions are subject to city manager or his designee approval.
(Ordinance 1010, sec. 5, adopted 9/28/99; 1972 Code, sec. 26-17.4)
All meters, as nearly as possible, shall be read once a month, and bills rendered therefor. If the meter reader is unable to procure a reading of the meter, because ingress to the meter is obstructed in any manner, or entrance is made precarious by vicious dog, or otherwise, an estimated charge shall be made of the amount of water consumed.
(Ordinance 219, sec. 10, adopted 2/5/48; 1972 Code, sec. 26-18)
All water meters furnished by the city shall remain at all times the property of the city, and shall be maintained and repaired, when rendered unserviceable from usual wear and tear, and renewed by the city, but when replacements or repairs are caused by carelessness of the owner or occupant of any premises, any expense caused to the city thereby shall be charged against and collected from the consumer who is being serviced, and if not paid, services shall be discontinued.
(Ordinance 219, sec. 21(a), adopted 2/5/48; 1972 Code, sec. 26-19)
Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the utilities department for the purpose of ascertaining whether it is or not registering correctly the amount of water which is being delivered through it to the consumer; provided, when such consumer desires to have any meter so tested, such consumer shall make application in writing to the city and a charge as set forth in the fee schedule in appendix A of this code shall be paid in advance by the consumer. If the meter calibration is registering two (2) percent or more over actual gallons, the charge will be fully refunded. Testing of meters over one (1) inch in size will be at cost paid in advance.
(Ordinance 219, sec. 21(b), adopted 2/5/48; Ordinance 1010, sec. 6, adopted 9/28/99; 1972 Code, sec. 26-20; Ordinance adopting 2023 Code)
All meters, curb cocks, valves and meter boxes connected with the water mains and service pipes, including those furnished at the expense of the consumer or property owners, shall remain under the direct control of the city, and it shall be unlawful for any person other than those authorized by the city to disconnect, move or tamper with any such meter, or to turn on or off the water at the curb cock valve or meter, or to open, move or tamper with any meter box, or for anyone to open any meter box in any way except with a regulation meter box key.
(Ordinance 219, sec. 20(a), adopted 2/5/48; 1972 Code, sec. 26-21)
All owners and occupants of property are prohibited from furnishing water to any person for any purpose whatsoever without the written consent of the city.
(Ordinance 219, sec. 20(b), adopted 2/5/48; 1972 Code, sec. 26-22)
Whoever intentionally, by any means or device, prevents water from passing through any meter used in connection with the supply of water from the city to register the amount of water passing through said meter, or intentionally prevents a meter from duly registering the quantity of water supplied, or in any way interferes with its proper registration, or without the consent in writing of the water superintendent or city manager intentionally diverts any water from any pipe or pipes carrying city water, or otherwise intentionally uses, or causes to be used, without the consent of the city, any water produced or distributed by the city, or any person who retains possession of or refuses to deliver any meter or other appliance loaned to him by the city for the purpose of furnishing water through said city’s utility department, shall for every offense be fined as provided in section 1.01.009. The presence at any time on or about any such meter or other appliance loaned to him by the city, [of any] pipe or any device or pipes resulting in the diversion of water or preventing of its free passage and registration by the meter, or diverting from the meter of any water or preventing of water from reaching the meter, or preventing the just registration of the meter, or the taking of any water except through a meter as in this article provided, shall constitute prima facie evidence of the knowledge and intention on the part of the person owning or having the custody and control of the room, building, place or premises where such device is or such act has been located, and shall constitute prima facie evidence of intention on the part of such person or persons to defraud, and shall bring such person or persons within the scope, meaning and penalties of this article.
(Ordinance 219, sec. 17, adopted 2/5/48; 1972 Code, sec. 26-23)
No person other than a bonded plumber, licensed by the state and operating under the plumbing code of the city, shall connect any water service on the property or outlet side of the meter box. Whenever such plumber shall use the water in testing the pipes or repairing fixtures, he shall, in every instance, before leaving the premises, see that the curb cock is left in the position in which it was when he opened the meter box, and it shall be the duty of such plumber to notify the city in every instance where he finds, or has reason to believe, that any meter, meter box or other water equipment has been improperly tampered with. No plumber shall in any event disconnect a meter or any fitting in the meter box, nor change the level or location of such meter or meter box. Before leaving the premises, it shall be his duty to see that the meter box cover is securely in place and locked. Failure to comply with these instructions and conditions shall render such plumber liable to revocation of his license. It shall be unlawful for any plumber or any person to make any extension to any pipes or lines (using city water) or to add any pipes or to change any pipes or lines from one water line, apartment, house, premises or meter, without first securing a permit for such changes. This applies to any such connection whether it is in or out of the corporate limits. In event any unauthorized connections are found to have been made, or fixture added, and no permit taken for same, water shall be disconnected from such premises until corrections have been made and all permit fees paid.
(Ordinance 219, sec. 23, adopted 2/5/48; 1972 Code, sec. 26-24)
For the convenience of the consumer, and as a measure of safety to the service, the following regulations are enacted:
(1) 
Stop and waste cock.
Consumers shall install an approved “stop and waste cock” inside the property line, at the base of each riser pipe, and at locations accessible in case of emergency, and shall not use the curb cock at the meter in lieu thereof.
(2) 
Check valve.
If, in the judgment of the city, the placing of an approved check valve on the property side of a water meter serving any consumer is considered necessary for the safety of the water system, such approved check valve shall be immediately installed at the expense of the consumer, after due notice in writing shall have been given the consumer by the city.
(3) 
Check valve for water heater.
On any premises where any character of storage hot water heater is directly connected, a check valve shall be installed by the consumer before water from the city water supply is used.
(4) 
Liability for damage caused by water cut-off or pressure breaks.
The city shall not be liable for any damage that may occur on account of the water being cut off for any purpose, or on account of the breaking of any pipe or fixture by pressure of the water from the city mains.
(5) 
Cut-off for repairs.
The city, at any time, may order the water cut off from any premises connected with the city mains, without notice, for repairs, extensions or other necessary purposes.
(6) 
Exposure of meter or hydrant to damage; moving.
(A) 
It shall be unlawful to build driveways or structures of any kind, in such manner as to expose any meter or fire hydrant to damage from traffic.
(B) 
Whenever the property owner requests the moving of any meter or fire hydrant, such cost shall be at the expense of the property owner. Application shall be made to the city for such move, and an estimate of the cost made, and upon deposit thereof the city shall proceed to make the change in location of said meter or hydrant. In no case shall a fire hydrant be so moved unless the city decides it is advisable.
(7) 
Connection before meter installation.
It shall be unlawful to connect to any water service of the city until the meter has been installed or approval of same has been secured from the city.
(8) 
Sidewalk or driveway construction.
(A) 
Before any person shall construct any sidewalk or concrete driveway on any street in the city, he shall give the city notice in writing at least twenty-four (24) hours before such work shall start, stating where such sidewalk or driveway is to be located, and when work thereupon will be begun, in order that the city may have ample opportunity to rearrange the water pipes and meter boxes and other water service accessories where necessary.
(B) 
It shall be unlawful for anyone constructing a sidewalk or driveway in the city to construct the same over and above any stop box or meter box used in the supplying of water to the consumers of said city, and all such stop boxes and meters shall be left free and open and accessible from the top thereof.
(9) 
Notice of street work.
All contractors or other persons who open, grade, fill, re-grade, excavate or work any street or alley in the city shall give ten (10) days’ written notice thereof to the city for the removal, raising or lowering of any water mains, pipes, fittings, meters or other waterworks material that may interfere with such work, and upon failure to give such notice, any damage resulting from such failure will be charged against such contractor or other person responsible therefor.
(10) 
Size and kind of pipe.
Only pipes of a size and kind prescribed by the city shall be used to connect with the water mains and pipes of the city water system, and the use of any other kind of pipe is expressly prohibited.
(Ordinance 219, sec. 24, adopted 2/5/48; 1972 Code, sec. 26-25)
(a) 
The definition of a “cross-connection,” as based upon the U.S. Treasury Department standards, is any physical connection whereby a potable water supply system is connected with another water supply system, either public or private, in such manner that a flow of water into the potable supply is possible therefrom because of ineffective check or backpressure valves or any other character of control device.
(b) 
No cross-connection shall be permitted to be made between any system of piping, supply by water from the city mains or any other source of supply, either public or private; or any secondary supplies known to be unsafe for drinking water, such as shallow wells, reused industrial supplies, raw surface water or swimming pools including swimming pools of the recirculating type, at which no secondary supply is used. This last has reference to connections of city water lines to swimming pools below the flow level for the purpose of supplying make-up water, and to pressure filters for the purpose of supplying wash water.
(c) 
Where city water is used as an auxiliary supply to a roof or suction tank, which is also supplied by water from any other source, such tank shall not be of the pressure type, but open. The delivery of city water shall be above the tank flow line and controlled by some type of automatic valve.
(d) 
It shall also be unlawful to maintain storage tanks supplied only with city water unless the tanks are satisfactorily built, and covered so as to prevent the entrance of contamination. They shall also be subject to periodic inspection by the water department and maintained in a manner in compliance with the requirements of the department of state health services.
(e) 
It is intended that no private supplies, including deep well systems, shall be interconnected with the city water system, except as hereinabove and hereinafter provided:
(1) 
Correction and maintenance, in a manner satisfactory to the requirements of the department of state health services and the water department of the city, of all existing sanitary defects in and around the private supply system.
(2) 
Provision to be made for complete bacteriological analyses by the water department of the supply involved, in accord with the standard methods of water analyses of the American Public Health Association. This requirement means not less than four (4) analyses each month of two (2) standard samples, or oftener if the analyses warrant.
(3) 
Provision by the owner of the private system involved to pay an equitable pro rata part of the cost of all inspection and testing herein required. The rates and method of paying for the same shall be determined by the water department subject to the approval of the city manager.
(f) 
Should any system supplied by city water be operated in violation of any provision of this section it shall be the duty of the water department to completely disconnect all service lines serving such system until this article is fully complied with. The cost of disconnection and reconnection must be paid by the consumer before service shall be restored.
(Ordinance 219, sec. 30, adopted 2/5/48; 1972 Code, sec. 26-26)
Backflow prevention valves will have to be installed and tested annually by licensed plumbers and/or certified testers. In accordance with 30 TAC chapter 290.47(f), appendix F (Assessment of Hazards and Selection of Assemblies) of the TCEQ regulations providing for the protection of the drinking water supply. All existing services that undergo replacement, repair or extensions will also have to be in compliance with said chapter prior to service being continued or reinstated. Failure to comply with requirements of this section will result in termination of city water service.
(Ordinance 1050, sec. 1, adopted 7/8/02; 1972 Code, sec. 26-35; Ordinance adopting 2023 Code)
It shall be unlawful for any person to use water from the water department of the city without an application, or to turn on the city water for use on his premises after the same has been for any reason cut off, or before the same has been turned on by the city, without first having secured a permit therefor.
(Ordinance 14, art. 6, adopted 5/2/31; Ordinance 219, sec. 18, adopted 2/5/48; 1972 Code, sec. 26-29)
Any person who shall tap or connect with the water of the city, or who shall turn on the water from the water department, without first having secured permit to do so from the city, or who shall interfere with any water meter, service, main, standpipe or any other property of the water department of the city shall be deemed guilty of a misdemeanor.
(Ordinance 14, art. 1, adopted 5/2/31; Ordinance 219, sec. 20(f), adopted 2/5/48; 1972 Code, sec. 26-30)
It shall be unlawful for any person to make or cause to be made or permit the making of any metallic connection, either directly or indirectly, with the water mains, laterals, supply or service pipes of the waterworks of the city, or any private pipes, which are connected to or with any such water mains, laterals, supply or service pipes of the waterworks, whereby any electrical current shall be communicated to or transmitted along or through such water mains, laterals, supply or service pipes, or in any manner to communicate any current of electricity to or transmit the same along or through any water main, lateral, pipes or wires or any metal of any sort that is a conductor of electricity that shall hereafter be metallically connected, bonded or joined to or with any water main, lateral, supply or service pipes of the waterworks of the city.
(Ordinance 219, sec. 20(g), adopted 2/5/48; 1972 Code, sec. 26-31)