The following are the maximum deposit, delinquent account collection, penalty, reconnection and special charges policy for the city utilities department. All customers of the city utility services, in order to receive said services, must comply with these policies of the city.
(1) 
Deposits and fees.
(A) 
Permanent service.
All classes or groups of customers will be required to pay a deposit provided in section A13.02.001 of the fee schedule in appendix A to this code for residential or commercial.
(B) 
Temporary service.
The deposit for services rendered on a temporary basis for all classes of rate users shall be in the amount as provided in section A13.02.001 of the fee schedule in appendix A to this code, which is designed to reasonably protect the city against the assumed risk of providing such temporary services. Temporary services shall be for a period not excess of five (5) days.
(C) 
Refund of deposit.
If services is not connected or after disconnection of services, the city utilities department shall promptly and automatically refund the customers deposit, in excess of the unpaid bills for services furnished or shall be refunded in full following twelve (12) months of timely payments.
(D) 
Connection fee.
A fee for utility service connection shall be as provided in section A13.02.001 of the fee schedule in appendix A to this code. This includes the initial connection, and any reconnection of service done by the city at the request of the consumer.
(2) 
Collection fees, charges and etc.
(A) 
In accordance with the policies of the city utilities department accounts in all billing classes or groups will be due and payable on or before the tenth (10th) of each month after the bill is rendered. In the event that such billing and charges are not paid in full by such due date, a penalty of ten (10%) percent of the amount due and payable shall be added to such billing and charges. All accounts not received by the 20th of each month rendered will be considered as delinquent by the city utilities, and if an account is disconnected for reasons of nonpayment of a duly rendered billing, the amount must be paid in full plus a service fee as provided in section A13.02.001 of the fee schedule in appendix A to this code, which will be charged for reconnections made during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, or a service fee which will be charged for reconnects made at any other time than the times designated hereinabove.
(B) 
Returned payment fee.
If a utility payment is returned to the city for insufficient funds or any other reason, the city will notify the customer and a fee shall be assessed as provided in section A13.02.001 of the fee schedule in appendix A to this code. If customer does not redeem the returned payment and pay the returned payment fee, the city may arrange for services to be disconnected
(3) 
Fees on special services.
Fees for special services by the city utilities personnel on consumer’s property or on consumer’s equipment either during regular working hours or after regular working hours or in case of emergency shall not exceed the amount as provided in section A13.02.001 of the fee schedule in appendix A to this code per service call plus materials used.
(4) 
Meter tests and test fees.
Meters will be tested upon consumer requests once every three (3) years at no charge to the customer. After the initial test, subsequent tests during the following three (3) year period will be made upon consumer requests and at consumer’s expense with the charge for these tests to be based on the city utilities actual costs per test.
(Ordinance adopted 10/22/18; Ordinance 871 adopted 2/13/2023)
There shall be charged a transfer fee as provided in section A13.02.002 of appendix A to this code for each electric and water transfer between individuals, partnership and corporations within the city limits of the city.
(Ordinance adopted 10/22/18)
The city shall not accept a partial payment of any utility bill for any services rendered and specified therein. When a utility bill is due, payment shall be made in full on the tenth day of the following month for which the service was extended.
(1999 Code, sec. 52.03)
(a) 
Lien authorized.
(1) 
Pursuant to section 552.0025 of the Texas Local Government Code, the city shall be entitled to perfect a lien on the real property of any real property owner that fails to pay for city-provided utility services, including, but not limited to water, wastewater, solid waste and electricity.
(2) 
Any lien authorized by this section shall include all delinquent charges for utility service, penalties, interest, fees and collection costs.
(3) 
Any lien authorized by this section shall be perfected by recording in the real property records of Lee County, Texas a notice of lien in a form approved by the city attorney and duly executed by the city manager or the finance director. The notice of lien shall contain a legal description of the real property and the utility's account number for the delinquent charges.
(b) 
Said lien for delinquent utility bills shall not apply to any category of real property owner specifically exempted from such a lien pursuant to the provisions of state law, including:
(1) 
Homestead property as protected by the Texas Constitution;
(2) 
Property on which service was connected in a tenant's name after notice by the property owner to the municipality that the property is rental property; or
(3) 
Property on which service was connected in a tenant's name prior to the effective date of this section.
(c) 
The lien authorized by this section shall be inferior to a bona fide mortgage lien that is recorded before the recording of the city's lien in the real property records of the county. The lien authorized by this section is superior to all other liens, including previously recorded judgment liens and any liens recorded after the city's lien.
(d) 
Release of lien.
(1) 
The city manager or the finance director shall have the authority to release any lien imposed in accordance with this section when all delinquent charges for utility service, penalties, interest, fees and collection costs have been fully paid.
(2) 
The release shall be in a form approved by the city attorney and shall be duly executed by the city manager or finance director and recorded in the real property records of the county.
(e) 
Rights cumulative and nonexclusive.
The authority and rights granted in this section are cumulative to any and all legal rights and remedies and/or methods of collection available to the city under common law, statutory law, the city's charter or this code. Nothing contained herein shall limit the authority of the city to refuse utility service when delinquent utility charges exist.
(Ordinance 890 adopted 7/9/2024)