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.
(Ordinance 904-24 adopted 5/14/2024)
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 and sewer 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 and sewer system that do not have an operational and
functioning water system already in place as of July 15, 1985. Connection
to the city's water and sewer system is not required when the
system is not available to service the property.
(Ordinance 904-24 adopted 5/14/2024)
The rate schedule for water, sewer, sanitation, and drainage
shall be as established by the city council. The customer will be
billed monthly for all supplied services at the applicable current
rate as set forth by the city council.
(Ordinance 904-24 adopted 5/14/2024)
(a)
Application for water, sewer and garbage collection services
is required. Before any water, sewer or garbage collection services
shall be supplied to any person or to any premises by the city, that
person who is to be responsible for payment of those services, or
that person's duly authorized agent, shall make written application
for those services on a form to be provided by the water office located
in city hall. The application shall contain such information regarding
the applicant and the service(s) to be provided as established by
the city. When completed and approved, the application shall constitute
a contract on the part of the applicant to pay the city for those
services provided by the city to that person or premises, and to abide
by all regulations relating to those services as those regulations
exist and may be amended. In making application for water, sewer,
or garbage collection services, each applicant shall provide such
information and documentation as may be required by the city, including,
but not limited to, documentation which establishes the identity of
the applicant, including whether the applicant is a landlord or tenant,
establishes the authority of the applicant to make the application
on behalf of the applicant or a third party, and identifying the tenants
of the premises if the property is a rental property.
(b)
Deposits with application.
(1)
A deposit shall be made with the utility office at the time
of making an application for water, sewer and garbage collection services,
the minimum amount of which shall be set by the city council.
(2)
Deposits shall be required for all water, sewer and garbage
collection accounts opened after the effective date of this section,
including any and all customers requesting reconnection of water,
sewer and garbage collection services following discontinuance of
service.
(3)
Deposits shall be applied to unpaid charges when a utility account
is disconnected or closed for any reason. When the deposit is insufficient
to satisfy any unpaid charges, the city will bill the customer for
any deficiency. Deposits will only be refunded after payment of all
indebtedness to the city by the customer.
(c)
Payment of all required fees.
In addition to the
payment of a deposit, a customer must pay any applicable fees established
by this chapter to open a water, sewer, and garbage collection account.
(d)
The city council authorizes and directs the city's accounting
department to make all necessary provisions for accepting deposits
on utility accounts in accordance with this chapter.
(Ordinance 904-24 adopted 5/14/2024)
(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)
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 total amount due for water, sewer, and solid waste service.
(4)
The due date of the bill.
(5)
A distinct marking to identify an estimated bill.
(6)
Late charges, if paid after the tenth (10th) day of the month;
and
(7)
Late charges not paid from previous bills.
(Ordinance 904-24 adopted 5/14/2024)
(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 if 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 emailed 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. 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 utility department 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)
Utility services may be disconnected after proper notice for
any of the following reasons:
(1)
Failure to pay a delinquent account for utility service(s) 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 utility 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)
Utility service(s) 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.
(Ordinance 904-24 adopted 5/14/2024)
It shall be policy of the utility to work with customers when
hardship cases exist. The director/manager of the utility 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 the bill. Customers with hardships which exceed these
guidelines or whose request is denied by the director/manager may
appeal to the city council.
(Ordinance 904-24 adopted 5/14/2024)
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 utility 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 city
manager. The applicant may appeal the decision of the city manager
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 city manager. The applicant
shall be served if so directed by the city manager.
(3)
Refusal to make deposit: For refusal to make a deposit if the
applicant is required to make a deposit under these rules.
(4)
Failure to pay for merchandise or charges for non-utility service
purchased from the city.
(5)
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.
(Ordinance 904-24 adopted 5/14/2024)
(a)
Utility liens.
(1)
The city may impose a lien against property that is not protected
by the Texas Constitution as a homestead, for delinquent, unpaid bills
for water, sewer and/or garbage collection service to the property.
Liens for delinquent, unpaid utility services shall be perfected by
recording in the real property records of the county a lien containing
a legal description of the property, the account number for the delinquent
charges and the amount of the delinquent charges. 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. Liens shall include penalties,
interest and filing fees. The lien shall bear ten percent per annum
interest. A lien for delinquent utility bills is superior to all other
liens, except a previously recorded bona fide mortgage lien. A lien
shall not apply to any unpaid, delinquent utility bills in a tenant's
name after notice by the property owner to the city that the property
is rental 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.
(2)
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 the property and the account holder notice that
such a lien or liens have been filed on the property and inform the
owner and account holder of their rights of appeal. Within 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 the city
manager's designee, by filing a written appeal. 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 unpaid
and delinquent, or if the property owner shows that the encumbered
property is and at all times from the hour of the 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 the 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. The
person last listed on the county tax records as being the owner of
any parcel of property shall be presumed to be the owner for purposes
of this section, and the address listed for the owner on the county
tax records shall be presumed to be the address of the owner.
(3)
Release of lien.
Whenever a person or entity pays
all principal, interest, penalties and the filing fee of a lien validly
filed pursuant to this section, the city secretary shall execute a
release of that lien and surrender it to the paying party. The city
shall not be responsible for filing that release.
(b)
Declaration of rental property.
(1)
The owner of any property, which property is rented to another,
and such tenant establishes 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 services.
(2)
When such a declaration has been filed with the city prior to the time the account holder begins to receive utility services, the city shall collect the deposit applicable for the account as provided in section
13.01.004. 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 the appropriate amount as provided in section
13.01.004.
(3)
The declaration of rental property shall be valid for only so
long as the person making such declaration owns such property, rents
property to another, and the tenant of such property carries 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 904-24 adopted 5/14/2024)
A fee shall be charged for processing each check or bank draft
given in payment for utility services which is dishonored by the customer's
bank for any reason. On or after the disconnection date shown on the
customer's invoice, utility service is subject to immediate disconnection
when the city's bank notifies the city that the customer's
check or bank draft has been dishonored. The city will not accept
payments made by check or bank draft for charges owed on any utility
accounts of a customer who has had three (3) or more checks dishonored,
and the customer must make payment by cashier's check or money
order.
(Ordinance 904-24 adopted 5/14/2024)