The following words, terms and phrases, and their derivations, when used in this chapter or in chapter 74, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; provided that, unless specifically defined in this section, words or phrases used in this chapter and in chapter 74 shall be interpreted so as to give them the same meaning as they have in common usage, and so as to give this chapter and chapter 74 their most reasonable application:
Bulky waste.
Stoves, refrigerators, water tanks, washing machines, furniture, used and discarded mattresses and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for carts.
Bundle.
Tree, shrub and brush trimmings or newspaper and magazines securely tied together forming an easily handled package not exceeding four feet in length, 2-1/2 inches in diameter and 35 pounds in weight.
Commercial unit.
Any premises, locations or entities, public or private, including all industrial and commercial entities, within the corporate limits of the city or service area of the city not a residential unit.
Cart or container.
A plastic wheeled cart designed to store residential refuse and container includes a cart, but also. Any city approved bin designed to store residential refuse, commercial refuse, or industrial refuse.
City’s operator.
The person, firm, corporation, municipal corporation or political subdivision which the city has designated to operate and maintain the city’s water system and wastewater systems.
Commercial or industrial.
And includes any establishment, public or private, rendering a service, manufacturing a product, offering a product for sale or any other similar activity, including motels and hotels.
Connection.
The initial or first connection (“tap”) or any subsequent additional connection of a residential or commercial unit to the city’s water system.
Construction debris.
Waste building materials resulting from construction, remodeling, repair or demolition operations.
Contractor.
The person, corporation or partnership performing refuse collection and disposal under contract with the city.
Customer.
Any person, firm or corporation receiving city water, wastewater or solid waste disposal services for a residential or commercial unit, whether within the city or outside the city limits.
Dead animals.
An animal or portion thereof that has expired from any cause.
Garbage.
Accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste, animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of bulky waste, construction debris, dead animals, hazardous waste, rubbish or stable matter.
Hazardous waste.
Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law, including motor oil, gasoline, paint and paint cans.
Irrigation meter connection.
Those connections which are only used to water vegetation and animals. Irrigation meter connections are exempt from wastewater charges.
Master meter.
The separate connection through which one metering facility serves other establishments or entities occupying the same building, location, or adjoining property.
Multiple unit.
Where two or more residential or commercial units are obtaining service from the same meter.
Person.
And includes an individual human, partnership, co-partnership, firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
Producer.
An occupant of a residential or commercial unit who generates refuse.
Refuse.
Residential refuse, bulky waste, construction debris and stable matter generated at residential unit, unless the context otherwise requires, and commercial and industrial refuse.
Residential refuse.
All garbage and rubbish generated by a producer at a residential unit.
Residential unit.
A dwelling within the corporate limits or service area of the city intended for occupancy by a person or group of persons comprising not more than one family. A dwelling shall be deemed occupied and shall be deemed by the city to be a separate residential unit for billing and collection purposes when either water or electrical power services are being supplied thereto. Apartment complexes and other such multifamily rental communities shall be considered residential.
Rubbish.
Waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of bulky waste, construction debris, dead animals, garbage, hazardous waste or stable matter.
Separate connection.
The individual metering facilities for each residential or commercial unit for which city services have been requested or provided, whether occupied or not.
Stable matter.
Manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
Wastewater and sewage.
May be used interchangeably to mean the same thing. The term “wastewater” shall mean the water which has been used.
(Ordinance 2007-110, sec. I.4, adopted 4/10/07)
(a) 
Damage or injury to waterworks system.
(1) 
All meters, fittings, boxes, valves and appurtenances installed by city personnel shall remain the property of the city. In any case of utility service diversion, unlawful use of service, or customer tampering with the city meter or other equipment that prevents accurate metering, the city reserves the right and no appeal being filed, to remove the meter or disconnect water service to any customer whose meter or lockbox has been tampered with and to assess actual repair charges to the customer plus a tampering fee of $250.00 for the first occurrence, and $500.00 for additional occurrences. Meter tampering includes, but is not limited to: (i) turning a water service line on or off at any location upstream of a meter (typically at a meter stop, curb stop, corporation stop, or valve); and (ii) intentionally disrupting the flow in a water service line at any location upstream of a water meter. The determination on what is considered meter tampering will be at the discretion of the city administrator. The city administrator has the discretion to lower the tampering fee for the first occurrence and any additional occurrence based on the circumstances. The tampering fees may be amended by ordinance and incorporated into the city fee schedule.
(2) 
As necessary or advisable to protect the public health or the operation and function of the city’s water or wastewater system, the city further reserves the right and authority to proceed immediately and without notice to disconnect, or to repair when and as necessary and appropriate, any meter, pipe, line or other appurtenance connected to the city water or wastewater system. Failure to repair or failure to pay for repairs performed by the city shall constitute cause for the city to terminate services to the customer charged with the repairs.
(3) 
It shall be unlawful for any person, not having authority to do so, in any way, to intentionally or carelessly break, deface or in any manner damage, injure or destroy any hydrant, standpipe, lockbox or other property belonging to the city or belonging to others, or to open any water hydrant or tamper with any utility service furnished by the city to consumers and used in connection with the waterworks system of the city. It is further unlawful for any person, not having authority to do so, to molest, damage or trespass upon any equipment or premises belonging to the city connected with any utility service. No person other than a duly authorized agent of the city shall remove, repair, or tamper with or in any way interfere with the city’s meter boxes, meters, locks, lockboxes, water service lines, wastewater service lines, or other water or wastewater system appurtenances.
(b) 
Repair of damages.
The city requires each customer to “call before you dig” so the water department will be able to locate lines for the customer. Repair charges will be assessed to the customer if no attempt is made to contact the city water department before digging and damage occurs. Repair charges are due within ten days from the date of invoice and are as follows:
(1) 
Labor charges regular time for repairs needed during normal business hours. After 5:00 p.m. and weekends the labor charge will be at time and one-half.
(2) 
Equipment rental will be charged at actual cost to city. If not paid within ten days from date of invoice, the city reserves the right to immediately and without notice remove the meter or disconnect water service until all repair charges are paid in full.
(c) 
Interconnections.
Interconnections or cross connection of the city’s water or wastewater system, whether directly or through the customer’s private system to another source of water or otherwise, is strictly prohibited. Initial customers shall construct, and each customer shall maintain, water connections and appurtenances so as to avoid infiltration of any substance into the city water system. City personnel shall have access to all customer water and wastewater line connections and appurtenances within reasonable time periods to inspect for suspected unauthorized connections. The city reserves the right to immediately and without notice disconnect water services to any customer whose internal private system has been found to be interconnected or cross connected, and to assess against the customer such penalties as are provided by law and penalties provided herein in addition to any charges necessary to repair the damaged or contaminated portion of the system.
(d) 
Cross contamination prevention.
(1) 
No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public water system by an air-gap or an appropriate backflow prevention device.
(2) 
No cross connections between the public drinking water supply and a private water system or well is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air-gap or a reduced pressure-zone backflow prevention device.
(3) 
May not install or maintain a potable water supply, plumbing fixture, equipment, or construction device that creates a cross connection, or allows reclaimed, contaminated, or polluted water, mixtures or other substances, or gases, to enter potable water by back siphoning, backpressure, or other means.
(4) 
May not connect an auxiliary water supply to the city’s public water system or a private plumbing system unless a backflow prevention assembly or air gap is installed as required by this chapter.
(5) 
May not use a chemical or substance that may cause pollution or contamination of the public water system without installing a backflow prevention assembly or device as required by this chapter.
(6) 
May not connect to the public water system a mechanism or system designed to return reclaimed or used water to the public water system.
(7) 
May not connect a reclaimed water system to the city’s public water system or to the potable water system of a customer who receives potable water service from the city’s public water system.
(8) 
Connect a vehicle or equipment capable of producing back siphonage or back pressure without installing a backflow prevention assembly or device as required by this chapter.
(9) 
A person may not install a backflow prevention assembly in a private plumbing system, fire protection system, process water system, irrigation system, or other water distribution system connected to the city’s water system unless the assembly meets all federal and state regulations.
(e) 
Customer duties regarding backflow prevention devices.
(1) 
A customer required to have a backflow prevention device shall install a new, replacement, or reconditioned backflow prevention assembly or device in accordance with this chapter.
(2) 
Not later than the fifth day after the date a new, replacement, or reconditioned backflow prevention assembly is installed and tested, a customer shall submit to the city administrator or his/her designee the original test and maintenance report on the backflow prevention assembly.
(3) 
When a backflow prevention device is required, the city administrator or his/her designee may not install or authorize the installation of a permanent water meter unless the customer has submitted a test and maintenance report for each backflow prevention assembly installed on a site, all inspections of the device are completed as provided in this chapter, and the device meets the requirements of this article.
(4) 
The customer is responsible for general maintenance and upkeep of a backflow prevention assembly. An owner and the owner’s tenant/lessee are jointly responsible for maintenance.
(5) 
The city administrator or his/her designee may require, at his discretion, that any customer install and maintain a backflow prevention assembly if the city manager determines that such a device is necessary to protect the public water supply system from contamination.
(f) 
Inspection and testing of backflow prevention assemblies.
(1) 
A customer shall test a backflow prevention assembly as required by 30 Tex. Admin. Code section 290.44, water distribution as amended.
(2) 
All inspections and testing shall be conducted by a plumbing inspector, or a water supply protection specialists licensed by the state board of plumbing examiners or by a customer service inspector licensed by the state commission on environmental quality.
(3) 
If necessary, to protect the city’s water system, the city administrator or his/her designee may require testing more frequently than required by state law.
(4) 
A customer shall pay the cost of testing and related costs.
(5) 
A customer must repair, overhaul, or replace an assembly that fails a test before returning the assembly to service.
(6) 
A customer shall keep a record of each test, repair, and overhaul of a backflow prevention assembly and submit the original record to the city administrator or his/her designee not later than the fifth day after a test, repair, or overhaul.
(g) 
Removal or replacement of backflow prevention device.
(1) 
A customer may not remove from use, relocate, or substitute another backflow prevention device or assembly without the approval of the city administrator or his/her designee.
(2) 
A replacement backflow prevention assembly must comply with this chapter.
(3) 
A customer shall replace a backflow prevention assembly or device that:
(A) 
Is removed or relocated from an existing installation;
(B) 
The city administrator or his/her designee determines requires more than minimum maintenance; or
(C) 
Constitutes a hazard to the water system or the public health.
(h) 
Cross connection survey.
(1) 
The city administrator or his/her designee may conduct a cross connection survey of the customer’s potable water system as a condition of service to prevent or eliminate cross connections between the customer’s potable water system and contamination or pollution sources.
(2) 
The city administrator or his/her designee shall inspect:
(A) 
A building and surrounding property for potential cross connections;
(B) 
The availability of an auxiliary or reclaimed water supply;
(C) 
The use of a pollutant, contaminant and other liquid, solid, or gaseous substance;
(D) 
Backflow prevention assembly installation; and
(E) 
Backflow prevention certification and test records.
(3) 
The city administrator or his/her designee shall require a customer to eliminate possible cross connections between the customer’s potable water systems and the public water supply and shall disconnect water service to the customer until the possible cross connection is eliminated as provided in this chapter.
(Ordinance 2007-110, secs. II.4, VI.1, VI.2, adopted 4/10/07; Ordinance O-2019-002, sec. 2(exh. A), adopted 1/8/19; Ordinance O-2024-020 adopted 9/10/2024)
(a) 
Any customer responsible for a discharge requiring a grease trap and sampling well shall provide equipment and facilities of a type and capacity approved by the city, locate the trap in a manner that provides ready and easy access for cleaning and inspection, and maintain the trap in effective operating condition. It shall be the responsibility of the customer to maintain and service such customer’s traps. All traps shall be cleaned a minimum of once per month or as is required to maintain acceptable operating condition. Fees regarding grease traps and inspections shall be charged in the amount provided in the schedule of fees adopted by city council. All inspections and grease trap requirements must meet the following amendments to the International Plumbing Code.
(b) 
The following amendments are made to the 2009 International Plumbing Code, as amended, Section 1003.1; added to read as follows:
(1) 
Minimum construction standards for food service establishments are required when:
(A) 
A new building with a food service establishment is constructed and occupied;
(B) 
Prior to the issuance of a Certificate of Occupancy for a new food service establishment in an existing structure which has not been previously used as a food service establishment within the last six (6) months, or has been used as a food service establishment without an adequately sized grease interceptor; or
(C) 
When a change to a more restrictive class of food service establishment occurs.
(2) 
Heavy Food Preparation: shall mean any area in which foods are prepared utilizing a grill, griddle, deep-fat fryer, commercial type ovens, and/or any similar food preparation equipment; or any area subject to flooding type of wet cleaning procedures due to the cutting or processing of meat, poultry, fish or pork. Heavy food preparation includes but is not limited to: cafeterias, fast food restaurant, full service restaurants, pizza preparation, donut preparation, and meat and fish markets, etc. Either a minimum 750-gallon grease interceptor is required for heavy food preparation establishments with *seating capacity for 50 or more; or a minimum 250-gallon grease interceptor is required for heavy food preparation establishments with a *seating capacity for less than 50 or take-out food service establishments; or the minimum size shall be established by the currently adopted International Plumbing Code; whichever is more stringent.
(3) 
Light Food Preparation: shall mean any area in which foods are prepared exclusive of the use of fryers, grills or similar equipment. Light food preparation is usually limited to the preparation of hot dogs, sandwiches, salads or other similar foods and fountain-type cold drinks. Light food preparation includes, but is not limited to, sandwich shops, limited menu concession stands, etc. Either a minimum 250-gallon grease interceptor is required for light food preparation establishments with *seating capacity for 50 or more; or a minimum 20 gpm flow-through rating or 40-pound retention capacity grease interceptor is required for light food preparation establishments with a *seating capacity for less than 50 or take-out food service establishments; or the minimum size shall be established by the currently adopted International Plumbing Code; whichever is more stringent.
(4) 
No Food Preparation: shall mean any area in which foods are provided pre-wrapped, from an approved source, with microwave oven type heating being the maximum handling involved. No food preparation is limited to pre-packaged sandwiches or similar foods, candies and containerized beverages. A grease interceptor is not required for “no food preparation” establishments.
(5) 
Food service establishments shall not share grease interceptors unless specifically authorized by the Building Official.
(c) 
*Seating Capacity is measured using Section 1004.7 Fixed seating and Table 1004.1.1 Maximum Floor Area Allowances per Occupant found in the International Building Code.
(d) 
Section 1101.8; change to read as follows:
1101.8 Cleanouts required. Cleanouts shall be installed in the building storm drainage system and shall comply with the provisions of this code for sanitary drainage pipe cleanouts.
(e) 
All commercial grease traps within the city will be inspected on a regular basis. There will be a fee for all grease trap inspections in accordance with the schedule of fees as established time to time by the city council of the City of Magnolia. If there is a conflict between set by city council and any fees set by state law, then fees set by state law will prevail.
(f) 
Enforcement. Authorized city personnel bearing credentials and identification shall be granted access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling, testing, calibration, and examining records in accordance with provisions of this division. Properties to which such access must be granted include, but are not limited to, effluent sources, pretreatment systems, monitoring facilities, flow meters, control manholes, and any areas where records are kept to satisfy federal, state, and local requirements to assure compliance with pretreatment standards. The city shall have the right to install such devices upon a user’s properties as necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. All verification records covered by this subchapter shall be available for inspection upon the premises by authorized city personnel.
(g) 
Civil Penalties.
(1) 
A user who has violated, or continues to violate, any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000.00 per violation, per day. In the case of a monthly or other longterm average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) 
The city may recover reasonable attorney’s fee, court costs, other expenses, and the cost of any actual damages incurred by the city.
(3) 
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the use, and any other factor as justice requires.
(4) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
Editor’s note–Section 2 of Ordinance O-2012-039, adopted Nov. 13, 2012, changed the title of sec. 94-3 from “Grease trap inspection” to “Requirements for grease traps; inspections; enforcement."
(Ordinance 2007-110, sec. III.11, adopted 4/10/07; Ordinance O-2012-039, sec. 2, adopted 11/13/12)
(a) 
This section applies to properties within the city limits. This section does not apply to property and uses permitted to drill a water well as provided by section 94-109(b). Except as provided otherwise in this chapter, no building, tract of land or structure in an area of the city for which water and/or wastewater service is available shall be occupied for residential, commercial, industrial or other such purposes unless such buildings or structures are connected by a separate connection to the city water system, unless specifically excepted herein. Property that abuts a street, road or other public way in which a public water or wastewater supply is located and deemed to have access to the city water system shall connect at the property owner’s cost if the service is available.
(b) 
Each residential unit or commercial unit, and any additional residential unit or commercial unit, within the city shall be connected by separate connection to the city water system and/or wastewater system as soon as city water service is available to such unit, unless specifically exempted herein.
(c) 
Any two or more residential or commercial units that are found to be obtaining water service through a single meter shall be required to pay the base amount, times the number of units, plus the per thousand-gallon charge as per the rate schedule in effect at that time. Each multiple unit rate will include 1,000 gallons per multiple unit. Apartments where multiple units are serviced by one meter will be billed for the number of units in the complex regardless of occupancy unless water service has been disconnected. Commercial multiple units will be billed according to the number of units occupied. Any units used for office space or storage will be charged as a separate unit if water service is available. Any persons receiving water through a joint sharing of a single meter without the consent of the city must pay the cost of connecting an additional meter and may be disconnected from the system should either refuse to be responsible for connection through a single meter to each individual lot.
(d) 
Any residential unit within the city being served by a privately-owned water well on the effective date of the ordinance from which this section is derived shall be connected to the city water system by a separate connection at such time as the well: (i) fails to meet permit or department of health requirements or other regulatory statutes or regulations of the state; (ii) if the owner or tenant of the property is expanding an existing building or structure located on the property and the existing water well is incapable of serving the expanded building or structure or of meeting the water supply needs of the expanded building or structure; (iii) is unsafe or unreliable as a potable water supply; or (iv) is within 50 feet of an existing septic tank, or is within 100 of an existing septic system drainfield or spray area. Any resident who uses a privately-owned water well must provide at their expense the appropriate backflow protection on their side of the meter as required by city or the Texas Commission on Environmental Quality to prevent contamination of city’s water supply.
(e) 
Connection to the city system is required for property on which the owner or tenant is constructing a new building or structure intended for human habitation or occupancy, and the following:
(1) 
There is no water well on the property; or
(2) 
The existing water well on the property is incapable of serving the new building or structure or of meeting the water supply needs of the new building or structure, is unsafe or unreliable as a potable water supply, is within 50 feet of an existing septic tank, or is within 100 feet of an existing septic system drainfield or spray area.
(f) 
Each commercial unit within the city shall be connected by a separate connection to the city’s water and/or wastewater system as soon as city water and/or wastewater service is available to such unit, unless permission is granted by the city administration to do otherwise.
(g) 
Any commercial or industrial establishment or entity located within a single building or upon a single property and served by a master meter on the effective date of the ordinance from which this section is derived may elect to continue to receive water service through such master meter. All new premises seeking to receive service from a master meter must receive permission from the city administration.
(h) 
Each person desiring water service shall be required to complete an application for such service and pay such fees as are established by this chapter. No service shall be rendered until such fees are paid.
(i) 
A person who is connected to the city’s water system but who also has a water well may continue to use the water well for irrigation purposes only; provided, however, that the well has all of the necessary state and local permits, and there are no cross connections between the water well and the city’s water system and the person has complied with the cross connection prevention requirements of section 94-2. Once a person’s property inside the city limits is connected to the city’s water supply system, even if the person’s property is subsequently disconnected from the city’s water supply system, the person may not use an existing water well for anything other than for irrigation purposes.
(Ordinance 2007-110, secs. II.1, II.2, adopted 4/10/07; Ordinance O-2019-002, sec. 3(exh. A), adopted 1/8/19)
(a) 
Certification.
Connections shall not be made to either the city water or the wastewater system until the city’s operator or other party designated by the city council has certified that the respective system or applicable portion thereof is adequate and operational. Water or wastewater service shall not be provided to any residential or commercial unit not in compliance with rules and regulations promulgated by the Texas Department of Health, the Texas Commission on Environmental Quality, as set out in the Texas Water Code or as otherwise required by statute or regulation.
(b) 
Service access.
Upon application for connection to the water or wastewater system the applicant shall grant an easement of ingress and egress to and from the meter or point of service for such installation, maintenance and repair as the city, in its judgment, may deem necessary. Taps and connections will not be made when, in the opinion of the city’s operator, the work area is obstructed by building materials and debris or the work area is not completed to finished grade. When sidewalks, driveways or other improvements have been constructed prior to application for service, such application shall be construed and accepted as a waiver of a claim for damages to such improvements resulting from the reasonable actions of the city’s operator in installation of the customer’s connection.
(c) 
City property.
All meters, fittings, boxes, valves and appurtenances installed by city personnel shall remain the property of the city. City maintenance of the water service ends at the customer side of the connection to the water meter itself. City maintenance of the wastewater service ends at the tap, or point of connection, of the lateral line into the city wastewater line.
(d) 
Connections.
All connections to the city water system and/or wastewater system shall be made by the city’s operator unless specified otherwise by the city council. No person, other than the properly authorized agents of the city, shall be permitted to tap or make any connections with the mains, distribution or collection lines of the city’s water system, or wastewater system, except for emergency firefighting purposes, or make any repairs or additions to or alterations in any meter box, tap, pipe, or other fixture connected with the water service except by the written permission of the city council. No new dual or multiple connections (being more than one user on a single meter) shall be permitted without written permission of the city administration.
(e) 
Plan approval required.
Each applicant for a connection shall within ten days prior to payment of tap fees submit to the city operator the following information:
(1) 
One set of drawings with dimensions showing the details of building plumbing, site plumbing and the location, size and number of proposed connections to the city’s water system and/or wastewater system; and
(2) 
A general description of the type of proposed establishment.
(f) 
Review of plans.
The city’s operator or other party designated by the city council shall review the information presented and may approve or reject the application, or request that further information be submitted prior to approval of the application. The applicant shall be notified in writing as to the basis for rejection. Failure to construct the facilities in accordance with approved drawings shall constitute a basis for denial of city water and/or wastewater services. If the application information is not timely made, the city shall not be held responsible for delays in the installation of any water or wastewater connection. Payment of tap fees to the city prior to the approval of plans shall not constitute approval of said plans or approval for service as set forth herein; any unauthorized connection or connections may be removed at the expense of the person or firm causing such connection or connections to be made.
(Ordinance 2007-110, sec. II.3, adopted 4/10/07)
(a) 
Termination for delinquency.
The city shall have the right to and may terminate water, wastewater and solid waste collection services to any customer, including disconnecting the supply of water, within ten days after the delinquent date. A termination notice will be mailed to the address on file and any outstanding balance will be noted within the disconnect notice. The outstanding balance must be paid within ten days of the date of the notice or the customer will be disconnected. No payment arrangements will be made at the time of disconnection of services.
(b) 
Reconnection charges.
A $45.00 charge will be assessed as a service fee for each reconnection fee requiring personnel to approach the residence or commercial unit for reconnection. Such fee must be paid at the time past due monies are tendered, and prior to any reconnection or additional services being provided. This payment must be made in the form of cash or a money order. If there is more than one reconnection in a calendar year for delinquency for a customer, the reconnection fee for the second and any additional reconnections during the same calendar year will be $45.00. The reconnection charge may be amended by ordinance and incorporated into the city fee schedule.
(c) 
Termination at owner’s request.
Whenever a customer who is not delinquent in the payment of any bill requests that water service be temporarily discontinued, he shall notify the city in writing at least two days prior to the date he desires service discontinued. There will be a $45.00 reconnect fee payable at the time customer desires services to continue. The reconnection charge may be amended by ordinance and incorporated into the city fee schedule.
(d) 
Termination due to a nuisance or emergency.
The city reserves the right to terminate services at any time with or without notice in the case of an imminent threat to the public health, safety and welfare constituting a nuisance or emergency circumstance that mandates the disconnection of services.
(e) 
Delinquent accounts.
Any residence or property where utility services are requested to be provided where a deficient account is still outstanding from a previous customer shall not be reconnected in a different name than the account was previously connected under unless the person requesting utility services demonstrates that the person whose name the account was previously billed to is no longer a resident of the property or in control of the property without paying the deficiencies on the account.
(1) 
New owners of property or new residents of a lease shall not be responsible for the delinquent utility accounts of a prior owner or leaser who has vacated the premises.
(2) 
No customer may establish a new utility account in his name who has an outstanding deficiency from any previous utility account with the city without paying all deficiencies in addition to the deposit for the new utility account.
(f) 
It shall be unlawful to connect or disconnect without authorization from the city water system or wastewater system. There shall be a $1,000.00 fee for the first occurrence and $2,000.00 fee for each occurrence thereafter. The determination on what is considered an unauthorized connection or disconnection will be at the discretion of the city administrator and generally includes any connection or disconnection to the city water system that isn't performed by city personnel or personnel specifically authorized by the city. The imposition of a fee for an unauthorized connection or disconnection may be appealed to the city council. The unauthorized connection or disconnection fees may be amended by ordinance and incorporated into the city fee schedule.
(Ordinance 2007-110, sec. IV.3, adopted 4/10/07; Ordinance O-2024-020 adopted 9/10/2024)
A processing fee charge of not more than $35.00 will be made on all returned checks tendered for payments under this chapter to the city that had been dishonored and returned unpaid for nonsufficient funds, a closed account, or any other similar reason. Payment for the amount due on an account and the processing fee must be in the form of cash, cashier’s check, or money order. The reconnection charge may be amended by ordinance and incorporated into the city fee schedule.
(Ordinance 2007-110, sec. IV.4, adopted 4/10/07; Ordinance O-2012-017, sec. 2, adopted 5/8/12; Ordinance O-2024-020 adopted 9/10/2024)
No account may be held in the name of a person who is under the age of 18 years unless the minor requesting services provides adequate evidence that the minor has been emancipated through marriage or other legal means.
(Ordinance 2007-110, sec. IV.5, adopted 4/10/07)
The city has contracted with outside services to maintain its water and wastewater facilities. These services require compensation for services rendered. Any work performed on behalf of the city which requires the use of personnel and/or equipment is subject to the adopted contract which is in place with the city at the time service is rendered. Any cost which is incurred by the city which is not expressly listed in this chapter will be charged to the customer for services rendered according to the presently adopted contract.
(Ordinance 2007-110, sec. III.10, adopted 4/10/07)
The civil and criminal provisions of this chapter shall be enforced by the persons or agencies designated by the city.
(Ordinance 2007-110, sec. VIII.3, adopted 4/10/07)
It shall be unlawful to receive water, wastewater or solid waste collection service from the city and fail to pay the fees and charges for such service or services. It shall be prima facie evidence that a delinquent customer is in violation of this section if the service fee or charges remain unpaid ten days after receiving written notice of such delinquency.
(Ordinance 2007-110, sec. VII.4, adopted 4/10/07)
Water and wastewater taps will be made for the base tap fee provided the tap is made to a water or wastewater line abutting or adjacent to the lot or parcel to be served (“standard location”). For the purposes of this chapter, a tap made on a water or wastewater line located between the boundary line of the property to be served and the right-of-way line of the street or alley abutting such lot, or a line located within the right-of-way of such street between the property boundary line and the traveled, paved portions of the street, shall also constitute a tap made at a standard location. A tap made at a standard location shall be a “standard connection.” A “nonstandard location” is any location for a tap to serve any lot, tract or parcel of land other than at a standard location. A “nonstandard connection” is any tap that requires work, construction or extensions to be made for the tap, or that is made at other than a standard location. Additional charges and fees will be assessed and collected as herein detailed for costs associated with line extensions and taps made to a nonstandard location.
(1) 
Availability of service.
The existence of mains, trunk lines or other lines near a property will not constitute an obligation for the city to limit the tap fee or charge for making a water or wastewater service tap to such line, where such lines must be tapped at other than a standard location, are inaccessible due to necessary crossings of streets, highways, drainage channels and similar barriers, or when cost must be incurred over and above the cost for making a tap at a standard location. Taps at nonstandard locations must be arranged for with the cities’ operator in advance of the desired service date, to permit necessary extensions, crossings or similar construction.
(2) 
Installation of nonstandard connection.
Upon the approval of the city administration, the owner or developer of a subdivision requiring a nonstandard connection may contract with a qualified contractor for the installation, construction and extension of any water or wastewater line necessary to make a nonstandard connection or as necessary for the location for the tap to become a standard location and, in such event, such owner or developer shall pay the reasonable costs and charges therefor directly to the contractor and obtain a receipt and release from said contractor. The city engineer or operator shall inspect such construction and work to assure it is completed in compliance with the applicable rules and regulations of the city and the Texas Commission on Environmental Quality.
(3) 
Costs.
The reasonable costs and expenses for installing, constructing and extending any water or wastewater line of the city to provide a tap at a nonstandard location, or to extend such lines to a standard location, shall be charged and collected by the city, if such costs are not paid directly by an owner/developer pursuant to subsection (2) of this section. Such additional costs and expenses shall be equal to the difference between the cost of making the tap at a standard location and the cost of making the tap at the nonstandard location, or, as the case may be, the difference between the cost of making the tap at a standard location and the costs incurred for the work and construction to extend the lines to a point or location that is a standard location for the tap.
(4) 
Payment of line extension fee.
When a water or wastewater line extension charge is required the city may at its option require the owner being furnished the line to:
a. 
Deposit, in advance, the estimated costs for construction of the water or wastewater line that is estimated to be costs additional to a standard connection;
b. 
Post a bond sufficient to cover the total estimated costs of line extension.
(5) 
Line extension fees outside city limits.
No line extensions will be allowed outside the city limits without an express resolution of the city council.
(Ordinance 2007-110, sec. III.9, adopted 4/10/07)
All customers receiving services from the city shall be subject to the provisions of this chapter and shall be charged the rates established in this chapter, and no reduced rate or free service shall be furnished to any customer. It is specifically provided, however, that this provision shall not prohibit the city, upon good cause shown, from establishing reasonable classifications of customers for which rates differing from the rates stated herein may be adopted.
(Ordinance 2007-110, sec. III.12, adopted 4/10/07)
Customers are not guaranteed a specific quantity or pressure of water, or any specific level of any solid waste, wastewater or other service, for any purpose whatever; in no instance shall the city be liable for failure or refusal to furnish water or any particular amount or pressure of water, or any other service under this chapter.
(Ordinance 2007-110, sec. VII.1, adopted 4/10/07)
(a) 
If an officer charged with the enforcement of this chapter shall determine that a person has violated any provision of this chapter, such officer may issue a citation.
(b) 
If an officer charged with the enforcement of this chapter shall determine that a situation exists which immediately affects or threatens the health, safety and well-being of the general public, and that immediate action is necessary, such officer may take such action as shall be necessary, including issuing citations for violations of the terms and provisions hereof to the owner and/or occupant of the property upon which such condition exists, as may be deemed appropriate and necessary.
(c) 
If an officer charged with enforcement of this chapter determines a situation constitutes an immediate threat to the public health, safety and welfare, and the owner or occupant of the property is absent or fails to immediately remedy the violation, the city council may, at a regular session or at an emergency session called for the purpose of considering the issue, upon evidence heard, determine that an emergency exists and order such action as may be required to protect the public health, safety and welfare.
(d) 
If any owner or occupant shall fail or refuse to remedy any of the conditions prohibited by this chapter within ten days after notice to do so, the city may terminate services.
(e) 
Notices required pursuant to this chapter shall be in writing. Such notices may be served upon such owner and/or occupant as follows: in person by an officer or employee of the city; by letter addressed to such owner or occupant at his post office address; or, if personal service may not be had, or the owner or occupant’s address is not known, then notice may be given by publishing a brief summary of such order at least once in the official newspaper of the city or by posting a notice on or near the front door of each building on the property upon which the violation relates, or, if no building exists, by posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates. Notices of termination of services for nonpayment will be noted on monthly bill.
(f) 
If an owner is mailed a bill in accordance with subsection (e) of this section and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the bill is considered as delivered.
(Ordinance 2007-110, secs. VII.1, VII.2, adopted 4/10/07)
(a) 
Pursuant to V.T.C.A., Local Government Code ch. 552, there is hereby imposed a lien on each property that is served by the city’s water and/or waste water system to secure the payment of a delinquent municipal utility account including penalties, interest and collection costs. This lien does not attach to property that is a homestead protected by the Texas Constitution, nor does it secure the payment of any municipal utility bills that were incurred by a tenant of the property prior to the effective date of this section.
(b) 
The city administrator shall perfect the city’s lien by recording a notice in the Real Property Records of Montgomery County, Texas that includes:
(1) 
The name of the owner of the property;
(2) 
The name of the person who received the service, if different than the owner;
(3) 
The legal description of the property;
(4) 
The amount owed to the city, including penalty, interest and collection costs; and
(5) 
The type of service for which payment is delinquent.
(c) 
The city’s lien authorized in this section is superior to all liens except shall be inferior to a bona fide mortgage lien that is recorded prior to the date the city’s lien is recorded in the Real Property Records of Montgomery County, Texas.
(Ordinance O-2012-036, sec. 2, adopted 11/13/12)
It shall be unlawful for any person to uncover the public sewer for any purpose, or to make connection therewith, or to uncover the public connection branches thereof, unless by consent or under the supervision of the city or its duly authorized agents.
(Ordinance O-2024-020 adopted 9/10/2024)
It shall be unlawful for any person to obstruct, puncture, cut or in any way injure any of the pipes, works or drains or machinery belonging to or connected with any sewer system owned, used or operated in the city, or to place or drop or throw any substance whatever into the sink, water closet, bathtub, vessel drains or other receptacles belonging to or connected with any sewer system owned, used or operated in the city, which may obstruct or injure such sewer system. This section is in addition to section 94-37 of this chapter.
(Ordinance O-2024-020 adopted 9/10/2024)