HomeMy WebLinkAboutPO 6541: AMENDING CHAPTER 110 (UTILITIES) City of
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INTEROFFICE MEMORANDUM
WATER UTILITIES DEPARTMENT-ADMINISTRATION
Date: May 26, 2016
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Assistant City Manager
RE: Proposed Ordinance No. 6541
Nature of the Request:
Staff is requesting City Council to amend Chapter 110 Water Code with changes to new
service connection processes and fees, delinquency processes and Water Rates and Charges
publishing consolidation. The amount of the cash advance fee collected for new water service
will be dependent upon the credit worthiness of the customer, Section 252, has been amended
to increase the minimum fee from $85 to $100, in addition, a $25 Administrative Fee has been
added to cover the cost of checking the credit worthiness of water service applicants. Section
254 has been amended specifying when water bills become delinquent, disconnection notices
and additional advance payment requirements following repeated service terminations. All
charges and rates have been consolidated into a Water Rate Schedule, Section 91, to provide
ease of review and amendment for the City Council and the citizens.
StaffAnalysis, Considerations:
Water revenues have been in delinquency over the past years. Currently, there is an assertive
effort to reduce the delinquency rate. Approval of this amendment will allow the City
Manager to reduce the delinquency rate of the city.
Recommendation:
Staff recommends that the City Council adopt Proposed Ordinance No. 6541.
Budget Considerations:
Adoption of this Ordinance amendment will provide the City with opportunities to increase
revenue at the Water Department. The potential increase in revenue is anticipated to have a
very minimal impact on expenses.
Jimmie Johnson, Ph.D.
Assistant City Manager
P .O. No . 6541
05/27/16 sv
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 110 (UTILITIES) , SECTIONS
110-61 , 110-66, 110-70 , 110-91 , 110-92 , 110-94 , 110-95 ,
110-98 , 110-99, 110-252 AND 110-254 OF THE CODE OF
ORDINANCES OF THE CITY OF PORT ARTHUR, AS IT PERTAINS TO
RATES , BILLING AND COLLECTION PROCEDURES FOR RESIDENTIAL
AND CODMERCIAL CUSTOMERS, AND PROVIDING FOR PUBLICATION
WHEREAS, the City Council deems it in the public interest of the
City to amend Chapter 110 (Utilities) , Sections 110-61, 110-66, 110-
70, 110-91, 110-98, and 110-99, 110-252 and 110-254 of the Code of
Ordinances as it pertains to rates, billing and collection procedures
for residential and commercial customers .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS :
Section 1 . That the facts and opinions in the preamble are
true and correct.
Section 2 . That Chapter 110 (Utilities) , Sections 110-61,
110-66, 110-70, 110-91, 110-98, 110-99, 110-252 and 110-254 of the
Code of Ordinances of the City of Port Arthur, Texas, is hereby
amended as delineated in Exhibit "A".
Section 3 . All Ordinances and parts of Ordinances in
conflict with this Ordinance are hereby repealed to the extent of the
conflict .
Section 4 . That this being an Ordinance which requires
publication, its caption shall be published at least one (1) time
within ten (10) days after final passage hereof in the official
newspaper of the City of Port Arthur, and this Ordinance shall take
effect immediately after the date of publication.
Section 5 . That a copy of the caption of the Ordinance be
spread upon the Minutes of the City Council .
READ, ADOPTED AND APPROVED on this day of
A. D. , 2016, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote : AYES :
Mayor:
Councilmembers :
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
(2411-e (611( AkilAtiO)
Valecia Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal
City Manager
s.po6541
EXHIBIT "A"
s.po6541
ARTICLE II.-WATER
DIVISION 1.-GENERALLY
Sec.110-31.-Fluoridation of water.
The city manager is authorized and empowered to provide the means and to proceed with the
addition of approximately nine-tenths and not more than 12/10 parts of fluoride to every million parts of
water being distributed in the water supply system of the city.
(Code 1961, § 24-12;Ord.No.00-60, §2, 10-3-2000)
Sec.110-32.-Water testing and analysis;laboratory created.
There is created a laboratory to function in connection with the testing and analysis of water at the
filtration plant.
(Code 1961,§24-13)
Sec.110-33.-Priority of potable water use in former county water district;policy adopted.
The "Sabine, Sabine Pass Potable Water System Policy and Schedule" is ratified, adopted,
confirmed and implemented to best provide for the health,welfare and safety of the residential customers
and commercial and industrial users of the former water district.
(Code 1961,§ 24-16(a))
Editor's note—The"Sabine, Sabine Pass Potable Water System Policy and Schedule"provides
for priority of residential,commercial and industrial use of potable water within the former
Jefferson County Fresh Water Supply District No. 1,which was annexed,abolished,and its
debts, functions and services assumed by the city pursuant to Ord.Nos.78-43,78-44 and 78-47.
For copies of the policy and schedule,the user is referred to the office of the city secretary.
Sec.110-34.-Development and implementation of water conservation plan.
(a) The city manager shall develop and implement a water conservation plan as required by water
supply and water demand conditions in the city's water supply system.
(b) The city manager shall issue the water conservation plan in writing to the city staff for implementation
and publish a notice in the Port Arthur News for public information and guidance.
(c) The city manager is authorized to implement subject water conservation plan, and modify, change
and/or rescind such plan from time-to-time to follow the policy set out by the city council.
(d) Failure to comply with the city's water conservation and/or drought contingency plans are subject to
a fine for violations of health and safety of up to$2,000.00 for each offense.
(Code 1961, §§ 24-17(a)—(c);09-59, §2,8-25-2009)
Thursday,May 26,2016 Page 1
Sec.110-35.-Water;trespass on reservoirs;pollution of water.
(a) Trespass on water supply facility. It shall be unlawful for any person to trespass upon any lands or
waters constituting a reservoir or water supply facility owned or operated by the city.
(b) Pollution of water supply facility. It shall be unlawful for any person to obstruct or pollute any
reservoir, watercourse or water supply facility owned or operated by the city as part of its water
department. It is unlawful for any person other than authorized officers, agents and/or employees to
be within the fenced areas or on the sites of or on any portion of the elevated water storage tanks
and lift stations, or to climb upon the elevated water towers, or to write upon or to deface, mark or
damage the same in any manner whatsoever.
(c) Territory where restriction applicable. The provisions of this section shall be effective within and
without the corporate limits.
(d) Signs. The city manager is authorized to place signs upon any of the facilities described in this
section for the purpose of waming the public of the provisions of this section.
(e) Enforcement. The police department shall police the facilities described in this section for the
purpose of enforcing the provisions of this section.
(Code 1961, §§ 14-21, 14-31(b)(14a))
Sec.110-36.-Cross-connection control and prevention.
(a) Cross-connection prohibited. No water service connection shall be made to any establishment where
a potential or actual contamination hazard exists unless the public water supply is protected in
accordance with the rules and regulations of the Texas Commission on Environmental Quality
(TCEQ) and this section. Water service shall be discontinued by the city if a required backflow
prevention assembly is not installed, maintained, and tested in accordance with TCEQ Rules and
this section.
(b) Definitions.
Air gap. The unobstructed vertical distance through free atmosphere between the lowest opening
from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor, or other
assembly and the flood level rim of the receptacle. These vertical, physical separations must be at
least twice the diameter of the water supply outlet,never less than one inch(25.4mm).
Auxiliary supply. Any water supply on or available to the premises other than the city's approved
public water supply.These auxiliary waters may include water from another purveyor's public potable
water supply or any natural sources, such as, but not limited to a well, spring, river, stream, used
waters,or industrial fluids.These waters constitute an unacceptable water source over which the city
does not have sanitary control.
Backflow. The undesirable reversal of flow in a potable water distribution system as a result of a
cross-connection.
Backflow prevention device or assembly.Any mechanical or physical means to prevent backflow into
the potable water system, including reduced pressure backflow assemblies, double-check valve
assemblies, atmospheric vacuum breakers, pressure vacuum breaker assemblies, or air gap. All
backflow prevention assemblies must be approved by the city and shall have been manufactured in
full conformance with the standards established by the American Water Works Association and have
met completely the laboratory and field performance specifications of the Foundation for Cross-
Connection Control and Hydraulic Research of the University of Southern Califomia established by
"Specification of Backflow Prevention Assemblies"of the most current issue of the Manual of Cross-
Connection Control.
Thursday,May 26,2016 Page 2
City or the city. The City of Port Arthur, Texas or its authorized representative, which, for the
purposes of implementation and enforcement of the backflow prevention program, shall normally
mean representatives of utility operations-public works.
Commission or TCEQ.Texas Commission on Environmental Quality,regulator agency of the state.
Cross-connection. Any actual or potential connection or structural arrangement between a potable
water supply system and any plumbing fixture or any tank, receptacle equipment or device, through
which it may be possible for any nonpotable, used, unclean, polluted and/or contaminated water, or
other contaminant, to enter into any part of such potable water system under any conditions or set
conditions.
Double check valve assembly. A backflow prevention assembly which consists of two internally
loaded check valves, either spring loaded or internally weighted, installed as a unit between two
tightly closing, resilient-seated shutoff valves and fittings with properly located resilient-seated test
cocks.
Person. Any individual, partnership, associations, corporations,firms, clubs,trustees, receivers, and
bodies politic and corporate.
Plumbing code. The city's plumbing code as adopted under chapter 18, article V of the Code of
Ordinances of the city.
Potable water supply. Any water supply intended or used for human consumption or other domestic
use.
Public water system or supply. Any public or privately owned water system which supplies water for
public domestic use. The system will include all services, reservoirs, facilities, and any equipment
used in the process of producing, treating, storing, or conveying water for public consumption. For
the purposes of this section,this shall normally mean the public water supply maintained by the city.
Premises. Any piece of property to which water is provided, including all improvements, mobile
structures,and structures located on it.
Recognized backflow prevention assembly tester. An individual meeting the requirements of the
most recent revisions to Title 30, Texas Administrative Code § 290.44(h)(4) and holding a current
endorsement from the Texas Commission on Environmental Quality or its designated agent, for the
type of assembly being tested.
Reduced pressure principle assembly or reduced pressure zone backflow prevention assembly. A
backflow prevention assembly consisting of two independently acting approved check valves
together with a hydraulically operating, mechanically independent pressure differential relief valve
located between the check valves and below the first check valve.These units are located between
two tightly closing,resilient-seated shutoff valves as an assembly and equipped with properly located
resilient-seated test cocks.
Utility operations director. Person in charge of the city water utilities department or his/her
designated representative.
(c) Cost of compliance. The cost of complying with these regulations shall be the responsibility of the
property owners and their lessees. These costs include but are not limited to, the purchase,
installation, testing, and repair of backflow prevention assemblies. These costs shall also include
point-of-use and premises isolation assemblies.
(d) Abatement by city.
(1) The city shall conduct a plumbing inspection or customer service inspection on any residential
or commercial establishment served by the city's public water supply prior to providing
Thursday,May 26,2016 Page 3
continuous water service to all new construction, on any existing service when the utility
operations director has reason to believe that cross-connections or other contaminant hazards
exist, or after any material improvement, correction, or addition to the customer's private
distribution facilities. The purpose of the inspection is to determine compliance with this section
and applicable portions of the city's plumbing code relating to cross-connection control and
unsafe plumbing practices. Upon determination by the city that the residential or commercial
establishment falls under the provisions of this section and requires a backflow prevention
assembly, the utility operations director shall issue a notice to abate the condition or order the
establishment to install the proper backflow prevention assembly(ies) commensurate with the
degree of hazard. A copy of the notice which is issued or caused to be issued by the utility
operations director shall be forwarded to the director of code enforcement of the city.
(2) An approved backflow prevention assembly shall be installed on each service line or point of
delivery to a consumer's water system whenever the following conditions exist:
a. In the case of premises having an auxiliary water supply which is not or may not be of safe
bacteriological or chemical quality and which is not acceptable as an additional source by
the TCEQ or the city,the public water system shall be protected against backflow from the
premises by the installation of an approved backflow prevention assembly in the service
line commensurate with the degree of hazard.
b. In the case of premises on which any industrial fluids or any other objectionable substance
is handled in such a fashion as to create an actual or potential hazard to the public water
system, the public system shall be protected against backflow from the premises by the
installation of an approved backflow prevention assembly in the service line commensurate
with the degree of hazard. This shall include the handling of process waters and waters
originating from the city's public water system which have been subject to deterioration in
quality.
c. In the case of premises having: 1) internal cross-connections that cannot be permanently
corrected or protected against; or 2) intricate plumbing and piping arrangements or where
entry to all portions of the premises is not readily accessible for inspection purposes,
making it impracticable or impossible to ascertain whether or not dangerous cross-
connections exist, the city's public water system shall be protected against backflow from
the premises by the installation of an approved backflow prevention assembly in each
service line.
(3) Using the city's plumbing code, TCEQ regulations and guidelines, and American Water Works
Association(AWWA)recommendations,the utility operations director shall designate the type of
backflow prevention assembly required for each type of establishment or hazard. In the case of
conflict between these references,the more stringent standard shall apply.
(4) Any backflow prevention assembly required by this section shall be of a model and size
approved by the utility operations director.
(e) Fire hydrant protection. An approved double check valve backflow prevention assembly or reduced
pressure zone backflow prevention assembly shall be the minimum protection for fire hydrant water
meters which are being used for a temporary water supply during any construction or other uses
which would pose a potential hazard to the city's public water supply. A reduced pressure zone
backflow prevention assembly must be installed if any contaminant other than the potable water can
be introduced into the system.
(1) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter
to abide by the conditions of this section. All fire hydrant water meter rentals shall meet the
current requirements as provided for by the customer service agreement.
(2) Only city-owned fire hydrant water meters with approved backflow prevention assemblies are
allowed to be used on fire hydrants in the city public water supply system. All fire hydrant
meters shall be obtained from, and installed by, the City of Port Arthur Utility Operations
Department.
I Thursday,May 26,2016 Page 4
(3) A deposit is required to ensure the return of all water meters and backflow prevention
assemblies to the utility operations department. Loss, damage, or failure to return the
assemblies will result in forfeiture of the deposit and enforcement action may be taken against
the responsible party,as allowed for in the penalty section of this section.
(4) Nonapproved fire hydrant meters which are found to be in use in the city's public water system
will be confiscated and not returned. Enforcement action may be taken against the responsible
party,as allowed for in the enforcement section of this section.
(5) It shall be a violation of this section for anyone other than authorized employees of the city to
open,tamper with, or use water from any fire hydrant without the express written permission of
the city utility operations department.
(f) Installation requirements. Backflow prevention assemblies shall be in accordance with the following
requirements,to ensure their proper operation and accessibility:
(1) Backflow prevention assemblies shall be installed in accordance with the city's plumbing code
and the manufacturer's instruction. All backflow prevention assemblies installed in accordance
with this section shall be tested upon installation by a recognized backflow present assembly
tester. The test report shall be sent to the utility operations department within ten days of the
installation.The assembly installer shall obtain the required plumbing permits prior to installation
as required by the city's plumbing code.
(2) No part of a reduced pressure principle backflow prevention assembly shall be located in water
or installed in a pit or other location subject to flooding. If a double check valve assembly is
installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate
drainage shall be provided.
(3) When a backflow prevention assembly is installed to serve an entire establishment, the
assembly shall be installed at the service connection of the water supply, before any branch in
the line, and on private property located just inside the boundary of the city's right-of-way. The
utility operations director may specify additional areas for installation of assemblies if needed.
(4) Backflow prevention assemblies shall be protected from freezing and other severe weather
conditions.
(5) All vertical installations shall be approved in writing by the utility operations director prior to
installation.
(6) Backflow prevention assemblies shall be readily accessible with adequate room for
maintenance and testing. Assemblies two inches and smaller shall have at least six-inch
clearance on all sides of the assembly. All assemblies larger than two inches shall have a
minimum clearance of 12 inches on the back side, 24 inches on the test cock side, 12 inches
below the assembly, and 36 inches above the assembly. "Y" pattern double check valve
assemblies shall be installed so that the checks are horizontal and the test cocks face upward.
(7) If an assembly is installed five feet or higher above the ground or floor,it shall be equipped with
a suitable platform for use by testing or maintenance personnel. This installation shall meet all
applicable Occupational Safety and Health Administration(OSHA)regulations and occupational
safety and health laws of the state.
(8) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall
not be installed.
(g) Annual inspections and maintenance.
(1) Regular inspections and testing of mechanical backflow prevention assemblies shall be
conducted at least one per year by a recognized backflow prevention assembly tester on
backflow prevention assemblies which are installed to provide protection against health
hazards, as defined by TCEQ rules, AWWA standards, or as determined by the utility
operations director. The utility operations director may also require more frequent testing in
certain applications to protect against high health hazards. If upon inspection of the backflow
I Thursday,May 26,2016 Page 5
prevention assembly, it is deemed to not be operating properly, it is the responsibility of the
establishment to immediately make all necessary repairs. It is the responsibility of the tester to
report all assemblies found not to be operating correctly to the utility operations department.
Text reports shall be submitted to the utility operations department within ten working days of
the test. Only tests conducted by recognized backflow prevention assembly testers and which
are reported correctly on TCEQ-approved report forms shall be in compliance with this section.
(2) The maintenance and repair of any backflow prevention assembly shall be the responsibility of
the property owner of the premises, the lessee of the premises, or both. The backflow
prevention assembly is to be installed and maintained in proper working order at all times,
including repair as required.All maintenance and repair of assemblies or assemblies shall be in
accordance with all applicable regulations of the TCEQ and with acceptable industry practice. In
the event that the water to an establishment may not be turned off for testing of the backflow
prevention assembly, the establishment shall be equipped with dual backflow prevention
assembly of the same type so that testing,repair,and maintenance may be performed.
(3) No backflow prevention assembly shall be removed from use, relocated, or other assembly
substituted without the approval of the utility operations director.Whenever an existing backflow
prevention assembly is moved from its present location or cannot be repaired, the assembly
shall be replaced with a backflow prevention assembly in compliance with this section.The new
assembly shall be installed and tested in compliance with this section.
(4) Test gauges used for backflow prevention assembly testing shall be calibrated at least annually
in accordance with the American Water Works Association's Recommended Practice for
Backflow Prevention and Cross-Connection Control(Manual M14);or the University of Southern
California's Manual of Cross-Connection Control. The utility operations director may require
calibration reports or other documentation of compliance with this requirement.
(5) City personnel may perform inspections and request testing of backflow prevention assemblies
while they are present to verify proper testing and to determine the proper operation of
assemblies. The city shall not be liable for damage caused to any backflow prevention
assembly as a result of the inspection or testing.
(h) Emergency suspension of water utility service.
(1) The utility operations director may,without prior notice, suspend water service to any premises
when such suspension is necessary to stop an actual or threatened backflow which:
a. Presents or may present imminent and substantial danger to the environment or to the
health or welfare of persons;or
b. Presents or may present imminent and/or substantial danger to the city's public water
supply.
(2) As soon as is practical after the suspension of service,the utility operations director shall notify
the owner or person in charge of the premises of the suspension, in person or by certified mail,
return receipt requested, and shall order such person to correct the cross-connection which
allowed the backflow to occur. When time permits, the utility operations director should also
notify the owner or person in charge prior to suspending water service.
(3) The utility operations director shall not reinstate suspended services until:
a. The person presents proof, satisfactory to the utility operations director, that the hazard
has been eliminated and its cause determined and corrected;
b. The person pays the city for all costs the city incurred in responding to the backflow or
threatened backflow;and
c. The person pays the city for all costs the city will incur in reinstating service.
(4) A person whose service has been suspended,may appeal such enforcement action to the utility
operations director, in writing,within ten days of notice of the suspension.
I Thursday,May 26,2016 Page 6
(5) A person commits an offense if the person reinstates water service to the premises suspended
pursuant to this section,without the prior written approval of the utility operations director.
(i) Nonemergency termination of water utility service.
(1) The utility operations director may terminate the city-provided water supply of any user who
violates the following conditions:
a. Refusing the utility operations department reasonable access to the water user's premises
for the purpose of inspections;
b. Hindering or denying the utility operations department access to backflow prevention
assemblies;
c. Failing to install, maintain, or test backflow prevention assemblies as required by the utility
operations director and this section;or
d. Failing to install, maintain, and operate their piping and plumbing systems in accordance
with the city's plumbing code.
(2) The utility operations director will notify a water user in writing of the proposed termination of its
water supply by certified mail, return receipt requested. The water user may petition the utility
operations director for a reconsideration of the decision.
(3) Exercise of this enforcement option by the utility operations director shall not be a bar to, nor a
prerequisite for,taking any other action against the water user.
(4) The utility operations director shall not reinstate suspended services until:
a. The person presents proof, satisfactory to the utility operations director, that the condition
has been eliminated and its cause determined and corrected;
b. The person pays the city for all costs the city incurred in responding to the backflow or
threatened backflow;and
c. The person pays the city for all costs the city will incur in reinstalling service.
(5) A person commits an offense if the person reinstates water service to the premises terminated
pursuant to this section,without the prior written approval of the utility operations director.
(Ord. No. 12-07, §2, 1-25-2012)
Secs.110-37-110-60.-Reserved.
DIVISION 2.-CONNECTIONS
Sec.110-61.-Service connection.
(a) Application necessary. Before any new water service shall be installed to serve any premises from
the city water mains within or without the city, the owner, tenant or occupant of the premises, who
shall be deemed the consumer in this section, shall make written application for water service. No
permit for any connections with the water mains or service lines of the waterworks system shall be
issued until such application is accepted by the utility operations department.
(b) Fees. The utility operations department shall install and maintain all service connections in the
streets or alleys within the city, and shall charge a tapping city main charge and installing service
pipe and material charge based on the following-rates listed in the Water Rate Schedule:
I Thursday,May 26,2016 Page 7
(2) One inch service $600.00; • _ .e"e, •_ - - •- - - • .. "e-. " •- . . .
dms•`„ent ... . '
(41) Each water customer shall have his own tap and service line and the same shall be carried in
his own name,or in the name of some firm,association or corporation with its agent making the
application in its behalf.Where multiple service is desired from one tap,the first service shall be
at the regular price in accordance with foregoing--schedule the Water Rate Schedule. The
second service shall be at the rate of 70 percent of the first service, and no more than two
services shall be had from any one tap.
(52) In order to promote the construction of new single-family residential development under its
affordable housing program, including those homes constructed by a CHDO (Community
Housing Development Organization),the city waives its water tap fee to a-the maximum listed in
the Water Rate Schedule.... ••. ..-!!.!! _ : 3 ' .. .
(63) The city waives its building permit and utility tap fees for multifamily housing projects that are
approved under the low income housing tax credit program, as administered by the state
department of housing and community affairs and that provide affordable housing and housing
for low and moderate income households.
(74) In order to provide incentives for building residential units in the city,water tap fees for single-
family residential structures shall be waived for privately funded developers that build homes
that are located in community development block grant eligible areas of the City of Port Arthur.
Federally funded projects are ineligible for said waiver.
a. The city may enter into development participation agreements with terms as delineated at
the discretion of the city council.
b. Requests for refunds may be made only between January 1 and January 31 each year for
the tap fees paid during the preceding calendar year.
c. The customer requesting a refund shall be the same customer that paid the tap fees being
considered for refund.
d. The refund shall be for the actual tap fee paid for each home with a maximum of$450.00
per home.
e. This incentive is only applicable for refunds wherein it pertains to building permits issued
and for homes completed between January 1 2005 and December 31,2005.
f. The city may enter into development participation agreements with terms as delineated at
the discretion of the city council.
(c) Use of water without permit. It shall be unlawful for any person to use water from the utility
operations department of the city without an application and a permit duly approved and fees paid,
and permission having been secured from the department to turn on such water at such place.
(d) Reduction of permit fees.
(1) Until December 31, 2006, there will be a 50 percent reduction of permit fees and tap fees,
effective immediately,for new single-family residences to be built in the City of Port Arthur.
(2) If a developer builds more than four single-family residences per year, there will also be a
refund of building permit fees and tap fees, less the actual costs of the meters and other actual
costs incurred by the city.
I Thursday,May 26,2016 Page 8
(3) If a nonprofit repairs single-family residences then building permit fees will not be charged.
(Code 1961, §§24-21-24-23;Ord.No.02-49, § 1, 10-15-2002;Ord.No.02-58, § 1, 11-12-
2002;Ord.No.05-64, § 1,9-13-2005;Ord.No.05-89, §2, 12-6-2005;Ord.No. 11-29,§2,6-
14-2011)
Sec.110-62.-Changing lines.
In every case where the city relays or alters any water main in any street or alley, it will, free of
charge, reconnect every private service then connected thereto. Such connection will be from main to
stopcock to all property abutting on the water main,and from main to a point not more than 15 feet distant
therefrom to all property not so abutting. In every case where the city removes any main from any street
on which any property with a water connection fronts or abuts to the alley abutting the same property,the
city will, at its expense, make connection of the same size which the property then has and run the same
to the property line, including gooseneck, pipe,stopcock and stop-box. The character of material used in
any such installation will be selected by the city. However, in no case will the city, at its expense, make
any further extension than above described. In all cases the changing of lines inside of the property must
be at the expense of the owner.
(Code 1961, §24-24)
Sec.110-63.-Contents of application.
Written application for water service shall be made in all cases and be signed in the handwriting of
the applicant, shall specify truly and fully the street and number and all purposes for which the water is
desired. No different or additional use of water will be allowed except upon further application and permit
by the city. Such applications and permits shall contain or refer to the conditions set out in this article, as
to the quantity and pressure of water,and be subject thereto.
(Code 1961,§24-25)
Sec.110-64.-Connecting to another consumer's pipe.
It shall be unlawful for any person to make any connection with a supply pipe of another consumer of
water unless first, consent in writing of the owner of the supply pipe is obtained, and second, unless a
permit therefor is obtained from the water department of the city. Such connection shall be made in full
compliance with all the conditions of such permit.
(Code 1961,§ 24-26)
Sec.110-65.-Attachments or alterations.
No person shall make any attachments or connections to the pipes belonging to the waterworks, or
the pipes belonging to water consumers, nor make any repairs or additions to, or alterations in any tap,
pipe, cock or other fixture connected with the service water pipes, unless he shall have written permit
from the director of utility operations.
(Code 1961, §24-27)
Sec.110-66.-City to set meters;payment when out of order;charge for all water passing through.
I Thursday,May 26,2016 Page 9
a) All meters,whether private or belonging to the city,shall be set by employees of the department- Formatted:Numbered+Level:1+
at the expense of the city where nipple and union have been left as designated by the director of utility Numbering Style:a,b,c,...+Start at:1+
operations,otherwise at the expense of the consumer,to be paid in advance., Alignment:Left+Aligned at: 0.55"+Indent
at: 0.8"
b) If the meter gets out of order and fails to register, the consumer will be charged at the average Formatted:Font:
daily consumption,as shown by the meter when in order.0
Formatted:Font:
c) _ • _ .• •- ..- - • .- .- . - - : . [tithe event a-
meter is not found to be out of order, the consumer shall be charged for all water that passs through the Comment[SPVl]:If this section is referring to
faulty meters—how will we know how much water
meter. However,in the case of excessively high bills, •- -. - - •• _ .- •• -. . _•._ has passed through the system?Also if the previous
• •• •• sentence is correct the City would estimate the
-
• - - •• ,��� ��, '' --- _- -- ••_ -- average daily consumption prior to the faulty meter
• . . the incident.
procedures for water billing adjustments is addressed in Section 110-98., Formatted:Left,Numbered+Level:1+
Numbering Style:a,b,c,...+Start at:1+
(Code 1961, § 24-28;Ord.No.05-34,§2,4-26-2005;Ord.No.05-38,§2,5-10-2005) Alignment:Left+Aligned at: 0.55"+Indent
at: 0.8"
Formatted:Default Paragraph Font,Font:
Sec.110-67.-Meters to be unobstructed;deduction for fire service.
Formatted:Font:
Whenever a meter is set,whether in the sidewalk or area vault,the space occupied by the meter and
the box must at all times be kept free from rubbish and obstructions of any kind. The customer shall not
obstruct the city's access to read the meter, i.e.,fences, dogs, etc.The customer shall allow the city safe
access to the meter at all times.
(Code 1961, § 24-32;Ord.No. 14-44,§2, 10-28-2014)
Sec.110-68.-Cutoffs.
A violation of the plumbing code or regulations regarding water or sewer service must be corrected
within the time specified in the notice. If not corrected, the director of utility operations may cut off water,
and in no case will it be cut in until service passes the inspection,and cut-in and cutoff charges are paid.
(Code 1961,§ 24-38)
Sec.110-69.-Fire protection and other special uses.
(a) Separate service pipe. Service pipes intended for fire protection only must not be tapped or used for
the general supply of the premises. Such general supply must be taken through a separate service
pipe.
(b) When meter required. No service pipe for fire protection will be allowed in premises that do not have
a pipe for the general use of the same,unless metered.
(Code 1961,§§ 24-40,24-41;Ord.No.00-60, §2, 10-3-2000)
Cross reference—Fire prevention and protection,ch.38.
Sec.110-70.-Discontinuance of service.
(a) Voluntary turning off. When a consumer wishes to discontinue service during any period that his
premises may be vacant, the city, upon written application at the office of the water utilities
department,will cut water off free of charge. In all cases where service by meter is discontinued,the
meter will be taken out or locked, and the charge of$15.00a reinstall charge will be made required
Thursday,May 26,2016 Page 10
for reinstalling the meter or unlocking,when there is no cut-on and cut off charge. If the water is left
on during vacancy, the regular water rent must be paid before service will be continued.Whenever
any premises are found vacant, the city will, without notice, cut off water and remove or lock the
meter, if any, and in no case when there is any unpaid claim due the city against the service at the
time of cut e#,-off the cut-on and cut-off charges will be required. ' -- -- - -•: -- -• - - -
.14-The charges must be paid in advance.Refer to the Water Rate Schedule.
(b) For nonpayment for service; turning on. If any person shall refuse or neglect to pay the water bills
when due, or shall refuse or neglect to pay for connections made and for repairs made on service
pipes or private meters,or permit any waste or use of water contrary to these rules or regulations, or
in violation of any ordinance of the city,the water shall be turned off after due notice and opportunity
for hearing. Such notice shall not be less than ten days prior to the effective date of discontinuance,
and water will not be turned on again until all back water bills and other charges and damages shall
be paid. In case the water has been turned off on account of waste or nonpayment for service, the
utility office manager shall charge and collect the-further-sum of$15.00 a cut on charge for turning it
on. He may also, at his option, require such person to have a private meter set in the service pipe
supplying such premises before turning on water, regardless of change in ownership of the
premises.
(c) When used without permit; tuming on. In cases where the water has been turned off for theft of
service or unauthorized use, and it is found turned on again, the utility office manager shall turn the
water off at the valve at the meter and lock it and notify the property owner of the finding in writing.
The property owner shall be given ten days after receipt of notification to make arrangements to
legally restore water service to the property.
In the event the property owner fails to provide for legal water usage,initiate eviction proceedings or take
such other action to stop the unauthorized theft or use within the ten-day period,the utility office manager
may have water service discontinued from the main. Upon reapplication for water service at this location,
the property owner must pay a $300,00-disconnection fee, a $300.00--reconnection fee and make a [Comment[SPV2]:Listed in the Rate Schedule
$309-:00--depositcash advance. Subsequent unauthorized use of water at this location will cause the
forfeiture of the deposit cash advance as to reimburse the city for again disconnecting the water service
from the main, after due notice and an administrative hearing is given or offered to the owner of the
property.
(d) For violations.Any consumer violating or permitting violation from his attachments of any of the utility
operations department's rules and regulations governing the introduction,supply and consumption of
water, will be notified of such violation in writing left on the premises. If he then fails to appear
promptly and make satisfactory arrangements,the water will be turned off,the cost of which will have
to be paid before the water is turned on. In case of persistent violations of the rules, the service
attachments will be withdrawn from the main, and the supply wholly discontinued; this is for the
protection of the city and shall be in addition to all liability to fines for any violation mentioned.
(e) Straight connections. Upon the discovery of a straight connection to the city's water system, the
utility operations department shall disconnect the service line from the city main line. Before service
is restored to this property,the property owner shall pay all accrued water,sewer and garbage usage
fees, and shall apply for a new service connection at the current tap fee and advance payment rate
except as noted below:
(1) When a straight connection is discovered at a rental property that has active water service in
the current tenant's name,the property owner will not be held responsible for the above costs.
(2) When a straight connection is discovered at a rental property that does not have active water
service,the property owner will be held responsible for the costs stated above.
(Code 1961, §§ 24-44-24-47;Ord.No.02-34,§ 1, 8-6-2002;Ord.No.04-41,7-20-2004;Ord.
No.04-65, 10-12-2004)
I Thursday,May 26,2016 Page 11
Sec.110-71.-Penalties.
It shall be unlawful for any person to violate any provision of this chapter. Any person who shall
violate the provisions of this article shall be guilty of a misdemeanor and shall be punishable by a fine not
to exceed$500.00 each day. Each day the violation continues shall constitute a separate offense.
(Ord.No. 14-44, §2, 10-28-2014)
Secs.110-72-110-90.-Reserved.
DIVISION 3.-SERVICE CHARGES AND BILLING
Sec.110-91.=Water Rate Sschedule generall -/Water Rate Schedule Comment[SPV3]:This section specifies the
external municipal rate schedules.
The Water Rate Schedule shall be on file in the Water Billing Office of the city,the city website and
copies may be obtained by the customer on request.
The city's rates will be applied in accordance with and subject to the limitations set out in the
published Water Rate Schedule.
All rates are subject to change by the City Council or any regulatory governmental body having the
legal right to do so. Whenever the rate under which a customer is being served is changed by the City
Council or any regulatory body, the rate as changed will be applied to the customer's service under the
existing account.
INSERT WATER RATE SCHEDULE HERE
I Thursday,May 26,2016 Page 12
5/26/2016 City of Port Arthur, Texas Version 1.00
Water Rate Schedule
as Referenced in Section 110-91 of the Municipal Code
New Service Connections as Referenced in Section 110-61
Rate Description Amount
3/4 x 5/8 inch tap $500.00
1.00 inch tap $600.00
Actual cost of material&labor plus
Greater than 1.00 inch tap ten(10)percent
Community Housing Development Organization (CHDO) Max Rate $500.00
* Where any tap requires breaking of pavement, the fee shall be at cost, plus ten (10)percent.
Discontinuance of Service as Referenced in Section 110-70
Rate Description Amount
Voluntary Turning Off with written notification No Charge
Reinstall/Unlock Meter Charge $15.00
Cut-On Charge $15.00
Cut-Off Charge $15.00
Unauthorized/Illegal Water Usage Fees
Disconnection Fee $300.00
Reconnection Fee $300.00
Cash Advance $300.00
In the City General Rate Schedule as Referenced in Section 110-91
Readiness to Serve Charge
Meter Size (RTSC)
5/8 x 3/4 inch $5.00
1 inch $5.00
1-1/2 inch $6.00
2 inch $10.00
3 inch $25.00
4 inch $35.00
6 inch $55.00
8 inch $75.00
10 inch $200.00
Quantity in Gallons Quantity Charge
1,000 to 10,000 $4.40 per 1,000 gallons
10,001 to 50,000 $4.62 per 1,000 gallons
Over 50,000 $4.85 per 1,000 gallons
Apartments, houses and hotels/motels. This charge shall be based on the monthly
cost of the water used per 1,000 gallons, plus the appropriate RTSC based on meter
size.
$4.62 per 1,000 gallons
Page 13
5/26/2016 City of Port Arthur, Texas Version 1.00
Water Rate Schedule
as Referenced in Section 110-91 of the Municipal Code
Outside the City Without a Special Contract General Rate Schedule as Referenced in
Section 110-92
Readiness to Serve Charge
Meter Size (RTSC)
5/8 x 3/4 inch $5.00
1 inch $5.00
1-1/2 inch $6.00
2 inch $10.00
3 inch $25.00
4 inch $35.00
6 inch $55.00
8 inch $75.00
10 inch $200.00
Quantity in Gallons Quantity Charge
Every 1,000 gallons $7.93 per 1,000
Private Fire Protection
Monthly Fire Protection Charge $32.38
Turn-On Charge as Referenced in Section 110-94
Payment Before 3:00pm -Service Restored Same Day $25.00
Payment AFTER 3:00pm - Service Restored Same Day $35.00
Customer Demand Rereading Charge as Referenced in Section 110-95
Customer Demand Rereading Charge $10.00
Residential Water Billing Adjustments as Referenced in Section 110-98
Excessive Water Rate Charge $0.60 per 1,000 gallons
Commercial Acct Water Billing Adjustments as Referenced in Section 110-99
Excessive Water Rate Charge $0.60 per 1,000 gallons
Advance payment before connecting as Referenced in Section 110-252
Minimum Cash Advance* $100.00
Turn-On Fee $25.00
Administrative Fee $25.00
*Cash Advance Amount will Vary According to Applicant's Credit Risk Profile
Page 14
T e rates ,na ha _fer--fumish-ing�ter service-lay--the—city.. - - . - .. •-- . •-
respective.- le - - e _--at- •- —•. e- -
(1) In the city,-
a.
ity-a. Readiness-to-serve charge (RTSC). This charge shall be based on the size of the water
meter serving the premises, : For RV/trailer parks, this charge shall be
based on the size of the water meter servicing the premises. Refer to the Water Rate
Schedule.
Meter-Size RT-S6
5/8 x 3/4 inch 5,,5:90
�+neh $ 00
1 1/2 inch $6-;00
24nch $10.00
82-544)
4--4eh $35:-00
6441-eh $55,130
8-inc-k1 $78.00
30-inch $-200;00
b. Quantity charge. This charge shall be based on the monthly cost of the water used per
1,000 gallons plus the appropriate RTSC based on meter size.
Quantity-Charge
3000-te-10,000 orls-
30,001-te-50,000 $4.62 per 1,000 gallons
Over 50,000 $4.85 per 1,000 gallons
Thursday,May 26,2016 Page 15
c. All water must be metered through meters furnished by the city, or other methods that are
approved by written authorization by the city. All water rates above, fixed and prescribed
are for water furnished through the regular water system and plant of the city.
(2) Apartments, houses and hotels/motels. This charge shall be based on the monthly cost of the
water used per 1,000 gallons,plus the appropriate RTSC based on meter size.
(3) On contracts outside the city. Provided where municipalities and outside users have entered
into a formal written contract with the city,all rates and conditions shall be as established within
the specific contract.
Quantity-Charge
`ve*1,000 gallons $4.62 per 1,000_allons
(Ord.No.Code 1961, §24-51;Ord.No.01-35, § 1,9-4-2001;Ord.No.05-65, § 1,9-13-2005;
Ord.No.06-72, § 1,9-12-2006;Ord.No.06-105,§ 1, 11-21-2006;Ord.No.08-85,§ 1,8-26-
2008;Ord.No. 11-50, § 1,9-20-2011;Ord.No. 14-43, § 1,9-29-2014)
Sec.110-92.-Consumers outside city not having special contracts.
The Water Rate Schedule shall be on file in the Water Billing Office of the city,the city website and
copies may be obtained by the customer on request.
The city's rates will be applied in accordance with and subject to the limitations set out in the
published Water Rate Schedule.
All rates are subject to change by the City Council or any regulatory governmental body having the
legal right to do so. Whenever the rate under which a customer is being served is changed by the City
Council or any regulatory body,the rate as changed will be applied to the customer's service under the
existing account.
•- , - • - - - e • - -• .- - The-city-are fixed-arid-
follows
(1) (1) Readiness-to-serve charges(RTSC). This charge shall be based on the size of the water- Formatted:Numbered+Level:1+
meter serving the premises. For RV/trailers parks, this charge shall be based on the size of the water Numbering Style:1,2,3,...+Start at:1+
meter serving the premises per each space in the RV/trailer park.Refer to the Water Rate Schedule. Alignment:Left+Aligned at: 0.3"+Indent at:
0.55"
et
M, r c•c•.e RTSC
5/8 x 3/4 inch $5,00
1 inch $.5:00
1 1/2 inch $6.00
Thursday,May 26,2016 Page 16
2 inc $,a 0.00
3 inch $2.580
it inch 5,x410
6 i sFl $5.00
8+nc14 S-75410
10 inch $200.00*
(2) (2) Quantity charge. This charge shall be based on the monthly cost of the water used per. Formatted:Numbered+Level:1+
1,000 gallons, plus the appropriate RTSC based on meter size. Refer to the Water Rate Numbering Style:1,2,3,...+Start at:1+
Schedule. Alignment:Left+Aligned at: 0.3"+Indent at:
0.55"
(3) Private fire protection. This chargeThere shall be an additional monthly charge of $32.38 for
private fire protection. Private fire protection costs shall be incurred by those customers that
now have or will have in the future adequate water supplied by the city for private fire hydrants,
private sprinkler systems or other private fire protection appurtenances, owned and maintained
by a water customer for fire protection and testing thereof and separate from any other water
system on that property. All water must be metered through meters furnished by the city or
other methods that are approved by written authorization by the city.
(Ord.No.Code 1961, §24-52;Ord.No.01-35, § 1,9-4-2001;Ord.No.05-65, § 1,9-13-2005;
Ord.No.06-72, § 1,9-12-2006;Ord.No.06-105, § 2, 11-21-2006;Ord.No.08-85, § 1, 8-26-
2008;Ord.No. 11-50, § 1,9-20-2011;Ord.No. 14-43, § 1,9-29-2014)
Sec.110-93.-Billing procedures and service to delinquents.
The procedure for billing and payment of utility bills appears in article IV, sections 110-252-110-
254. No service shall be furnished to any person who is delinquent in the payment of any bill for water
furnished on the premises to which service is desired,or to such person at any other premises in the city.
(Code 1961,§24-53;Ord.No.00-60, §2, 10-3-2000)
Sec.110-94.-Turn-on charge.
No water service will be turned on again until all charges are paid in full or other acceptable payment
arrangement made, and shall include, but not be limited to, all charges noticed in section 110-63,
subsections 110-70(a), (b) and (c) and section 110-95. • •-- __ •-• • ••..- -•- .:!!
Thursday,May 26,2016 Page 17
- - .-
- - .. . - •_ - •- - • -• - .. ....See the
Water Rate Schedule.
In order to assist those citizens that have been relocated to Port Arthur as a result of Hurricane Ike,
the city waives the initial turn-on fee on the condition that the person applying for the service can
show proper identification showing residence in one of the affected areas.
In an effort to assist the nonprofit organizations providing volunteer workers in the
repairing/rebuilding homes affected by damages from Hurricane Ike, the city waives the turn-on
charge on the condition that the nonprofit organization provide property identification of status. The
turn-on charge waiver is for a period not to exceed one year from September 23,2008.
(Code 1961,§24-55;Ord.No.05-63, § 1,9-13-2005;Ord.No.05-64, § 3,9-13-2005;Ord.No.
07-16, § 1,2-14-2007;Ord.No. 08-101, §4,9-23-2008)
Sec.110-95.-Customer demand rereading charge.
If a customer demands that his meter be reread by city personnel, there will be a fee-of$1-0.00
rereading charge added to the customer's next bill, unless the rereading shows that the actual usage was
lower than the customer's billing reading. Refer to the Water Rate Schedule.
(Code 1961,§24-56)
Sec.110-96.-Payment averaging.
The city manager shall be authorized to implement a policy for payment averaging available to
consumers with active water accounts for at least 12 consecutive months at the same address and who
have had no payment delinquency. Account history shall be used to establish equal, average payment.
Accounts shall be reconciled annually for under or over payments, and accounts shall be reviewed
annually for adjustment of average payment. If bills are running 20 percent or more above average for at
least a three-month period,the city can increase the average payment required based on actual usage.
(Code 1961,§24-57)
Sec.110-97.-Adjustment of water bills as a result of Hurricane Ike.
The city manager or his designee can adjust water bills up to $1,000.00 for leaks caused by
Hurricane Ike beginning September 23, 2008 to December 1, 2008. Any adjustment in excess of
$1,000.00 shall be forwarded to the city council for approval.
(Ord.No.05-80, §2, 10-13-2005;Ord.No.08-101, § 5,9-23-2008)
Sec.110-98.-Procedures for water utility billing adjustments.
(a) No adjustments will be made for any error in billing for water service, unless such error is called to
the attention of the water and sewer department in writing,on forms prepared by said department for
that purpose,within six months of the date of the billing claimed to be in error.
(b) Adjustment shall only be made to residential and church accounts,and are made under the following
circumstances and conditions:
(1) Inthe event of an unusual .
(21) Leaks documented by the customer.
Thursday,May26,2016 Page 18
(32) The excessive water charge must be at least $100.00 over the average water charge for the
prior six months,and$100.00 over the water charge for the same month of the prior year.
(c) The adjustment amount will be limited to the amount charged for water, in excess of the average
water charge over the past six months.
(d) The customer will be billed$0.60 per for all water registered on the meter to
cover the city's cost for lost water,and related direct costs according to the Water Rate Schedule.
(e) Adjustment for water and sewer will be limited to one per 12-month period.
(f) There shall be no adjustment over$250.00 without the approval of the city council.
(Ord.No.06-108, §2, 12-4-2006;Ord.No.07-47,§ 2,7-31-2007)
Sec.110-99.-Procedures for water utility billing adjustments commercial accounts.
(a) Adjustment may be made to commercial accounts, only with city council approval, and under the
following circumstances and conditions:
(2)(1) In the event of leaks documented by the customer.
(3)(2) The excessive water charges must be at least$100.00 over the average water charge for
the prior six months,and$100.00 over the water charge for the same month of the prior year.
(b) The customer will be billed of-water-for all water registered on the meter
according to the Water Rate Schedule to cover the city's cost for lost water,and related direct costs.
(c) Adjustment for water and sewer will be limited to one per 12-month period.
(Ord.No. 11-58, § 1, 10-18-2011)
Sec.110-100.-Lien imposition.
(a) When delinquent charges imposed by this article for utility service remain unpaid, the director of
finance,his/her designee or such other official as designated by the city manager,may impose a lien
against the real property to which such service was delivered. The lien shall include and secure the
delinquent charges, penalties, interest and collection costs. The lien shall be perfected by filing a
notice containing a legal description of the property and the utility account number for the delinquent
charges in the real property records of the county in which the property is located.
(b) The lien authorized in this section shall not apply to bills for service connected in tenant's name after
notice by the property owner to the municipality that property is rental property.
(c) The lien authorized by this section shall not apply to homestead property as protected by the Texas
Constitution.
(d) The lien authorized in this section is superior to all liens except a bona fide mortgage lien in the real
property records of the county where the property is located.
(Ord.No.09-50, §2,7-28-2009)
Secs.110-101-110-130.-Reserved.
Thursday,May 26,2016 Page 19
ARTICLE IV.-BILLING AND COLLECTION PROCEDURE
Sec.110-252.-Authority to require advance payment before connecting.
The city shall have the right to demand a cash advance payment with each application for water or
sewer service, -:.• . • . •- - •• . . . • _ -- - .. -- _ . . .• _.
determines
deem...,cess ,;.
The cash advance payment minimum includes an estimated two-month bill amount,a turn-on charge
and an administrative fee as listed on the Water Rate Schedule as set forth in Section 110-91 and the
amount is dependent upon the applicant risk profile as determined by a third-party credit resource.
All such advance payments shall be applied against water or sewer charges until such charges are
paid, when they shall apply against the next month's services, and so continue from month-to-month. If
services are discontinued, any unused portion of such advance payment shall be returned to the person
paying the advance payment.
The establishment of new service requires proof of ownership or a valid lease agreement of the
residential property.
In order to assist those citizens that have been relocated to Port Arthur as a result of Hurricane Ike
and Hurricane Gustav,the city waives the advance payment on the condition that the person applying for
service can show proper identification showing residence in one of the affected areas. This section will
apply to accounts established from September 22 through December 31,2008.
(Code 1961,§§24-25.1,24-109;Ord.No.05-63,§ 2,9-13-2005;Ord.No.07-16,§2,2-14-
2007;Ord.No.08-106. § 1, 10-7-2008)
Sec.110-253.-Rental properties;deposits required.
(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 this section by filing with the city utility billing
division 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 declaration has been filed with the city prior to the time the account holder begins to
receive services,the city shall collect a deposit pursuant to this chapter. If a property owner wishes
to declare in regard to the bill of a person already receiving services at a particular property, that
declaration shall not be effective until the posting of a deposit required by this chapter.
(c) Subsection (b) of this section notwithstanding, an owner of property who files the 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 on the effective date of the ordinance from which this section
derives, such declaration shall become immediately effective without the posting of a deposit as
Thursday,May 26,2016 Page 1
described in this chapter. However, if water service is terminated to that tenant for delinquency in
payment, a deposit pursuant to this chapter shall be collected before such city water, sewer or
garbage collection service is resumed.
(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.
(Code 1961, § 24-116)
State Law reference—Authority for collection procedures and liens,V.T.C.A.,Local
Government Code§402.0025.
Sec.110-254.-Due and payable;late fee;disconnection.
All charges and utility bills will be due and payable within the time period after the bill is rendered as
is-printed on the face of the bill forwarded-rendered to the consumer.
All bills shall be considered rendered when sent to the consumer by the accounting and collecting
division of the utility operations department in ordinary mail or personally left at the address of consumer,
and the failure of the consumer to receive any such bill shall in no way relieve the consumer of the duty
and necessity of paying for utility service furnished by the city to such person.
All char•es and bills not •aid with. ?-daysby the due date printed on the bill gis considered
delin•u-nt,and a late charge rate of ten •ercentwill be added to the delinquent amount.
A notice of delinquency w ill be issued by the accounting and collection division ento all customer
• I • •I•. a-I 1 •- • i• • - •-
A separate notice of disconnection will also be issued to all delinquent accounts.
Failure or refusal to pay a utility bill, upon demand, shall constitute a breach of contract, and water
and sewer service will be discontinued. Services shall not be renewed until the delinquent bills plus
applicable service charges have been paid.
In the event of repeated termination, an additional advance payment shall be required from any
customer to accrue for services.
If a residential utility account balance is$250.00 or more,a payment plan requiring fifty(50)percent
down with the balance to be paid in twelve (12) equal payments may be available as approved by the
Billing Manager in writing. These additional monthly payments will be paid in conjunction with their
current monthly bill.Business and commercial accounts will be evaluated on a case by case basis.
• {Formatted:Indent:First line: 0"
I Thursday,May 26,2016 Page 2
{ p0
(Code 1961,§§24-54,25-115;Ord.No.08-107,§ 1, 10-7-2008;Ord.No. 10-57,§ 1, 10-19- r Formatted:
2010)
Secs.110-255-110-282.-Reserved.
Thursd y,May 26 2016 Page 3