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(A) Meters generally. Unless otherwise provided in this chapter, a customer shall receive water service only when measured through a meter. The Utility Manager shall determine the size, type, number, and location of meters and connections to meters to be installed. Each meter shall be read, when possible, once a month and a bill rendered accordingly.
(B) Meters reading. The meters shall be read to the nearest cubic foot monthly at approximately the same time each month.
(C) Estimated bill circumstances. The quantity of water delivered to a premises may be estimated under any of the following circumstances:
(1) The meter reader is unable to procure a reading of the meter because access to the meter is obstructed or made hazardous by an animal or circumstance.
(2) The meter does not properly function, or the equipment used to read the meter does not properly function.
(3) Adverse weather or an act of God prevents the reading of the meter.
(4) No meter is in place at the premises.
(5) For some other reason, a meter reading is not available to the billing section of the Utility Department at the time of preparing a bill to a customer.
(D) Basis for estimate. An estimate shall be based on past consumption experience at the premises. If there is no past consumption experience, then an estimate will be based on consumption of the same class under similar conditions using the best information available. If a customer demonstrates that an estimated bill is excessive, then the Utility Department shall render a bill based on a revised estimate.
(E) Meter reading verification. If the customer contends that a discrepancy appears in a bill or meter reading, the Utility Manager will inspect the meter and verify the reading, or cause same to be done.
(F) Water leakage.
(1) When a customer experiences a substantial increase in water or wastewater usage from a hidden water leak, the Utility Department will adjust the amount and bill the customer in accordance with the rates prescribed in § 51.030. The Utility Department will adjust a bill only if a customer presents a plumber's statement, or the customer's written statement, which indicates the water leak was not reasonably detectable from the surface, the leak has been repaired, and the type of repairs made. The Utility Manager may request additional information before determining if a water leak was reasonably detectable based upon facts presented to the Utility Manager. A customer may receive only one adjustment during a 12-month period, unless the Utility Manager determines that extenuating circumstances justify allowing additional adjustments.
(2) The leak adjustment will be 40% of the increased billing due to the leak for the month the leak is repaired and the previous month if leakage was occurring.
(3) The adjustment will be calculated as follows: determine an average usage for that month using the three previous years. That usage which exceeds the average will be adjusted 40%.
(G) Return of meters. All water meters furnished to customers are property of the city and will be returned immediately upon request of the Utility Manager. Failure to return a meter when requested constitutes grounds for discontinuance or refusal of service.
(H) Maintenance of meters. The Utility Department is responsible for maintenance, inspection and repair of all water meters. When any act, neglect or carelessness of the customer or owner of any premises causes damage to a meter requiring adjustment, repair or replacement, the resulting expense will be charged against the customer or owner.
(Ord. 10-1993-36, passed 10-12-93; Am. Ord. 04-2011-14, passed 4-26-11) Penalty, see § 51.999
(A) Exposure to damage. A person shall not build a driveway, sidewalk or other improvement that:
(1) Exposes a meter to damage from vehicular traffic; or
(2) Causes obstruction of access to a meter for operation, repair, removal, replacement, inspection, reading or maintenance purposes.
(B) Notice of work affecting meters. A person who does work of any nature on a street, alley or sidewalk within the city must notify the Utility Manager at least ten days in advance of the removal, raising, or lowering of a water meter that may interfere with the work. Where the Utility Manager is not notified, damage to any part of the meter resulting from the work will be charged against the person or that person's agent or contractors performing the work. At no time will the meter and meter box be allowed to be buried.
(C) Request to move meter. The owner or occupant of premises adversely affected by the location of a meter bay make written application to the Utility Manager to have the device moved, under the following conditions:
(1) The Utility Manager may approve the application if he determines that the move will not interfere with normal Department operations and will not cause damage to the water system. The decision of the Utility Manager is final.
(2) Upon the approval of the application, the Utility Manager will furnish the applicant an estimate of costs to move the meter.
(3) Upon deposit of the estimated cost by the applicant, the Utility Department will make the agreed change in location.
(Ord. 10-1993-36, passed 10-12-93) Penalty, see § 51.999
The Utility Manager is authorized to promulgate regulations and procedures, not in conflict with this code, the city charter, or applicable state and federal laws or regulations, concerning the collection of charges for services and the handling of customer accounts, receipts, and reports.
(Ord. 10-1993-36, passed 10-12-93)
(A) Charges a lien. When delinquent charges remain unpaid and the procedures of § 51.027 are followed, those delinquent charges shall constitute a lien against the property served.
(B) Personal liability. The customer of record has the primary personal liability for services rendered under this chapter. Nevertheless, if service is provided to property owned by a person or entity jointly with the customer of record, or if the customer of record is an agent or property manager for one or more owners of property, the joint owners shall not be treated as new customers, but shall remain jointly and severally liable with the customer of record for unpaid delinquent charges. The Utility Manager may refuse or discontinue service in the same manner provided for in § 51.016 until all delinquent charges are paid.
(C) Liability of spouses. Spouses receiving service to premises they jointly own or occupy are deemed to be joint customers of record, notwithstanding that only one spouse may have signed an application, and shall be jointly and severally liable for unpaid delinquent charges.
(D) Liability of tenants. Where service is provided to a tenant in a single-family residence, or to more than one residential or commercial tenant through a master meter or single service connection, and the landlord is the customer of record, a tenant or duly organized association of tenants may establish a new service account without being held responsible for any previous unpaid charges owed by the landlord if the appropriate facilities are in place and the tenant or association of tenants otherwise meets the applicable requirements of this chapter; however, the Utility Manager may refuse service if it appears the application is being made for the purpose of assisting the landlord to avoid payment of delinquent charges or for the purpose of defrauding the city. Nothing in this subsection shall be construed to require the Utility Department to apportion charges or to provide individually-metered service at a master-metered premises.
(E) Transfer of accounts. Where a person liable for delinquent charges at one address is found to have an account in his name at another address, the delinquent amounts due at the previous address shall be transferred to the account at the new address, and service discontinued at the new address until the delinquent amounts are paid.
(Ord. 10-1993-36, passed 10-12-93) Penalty, see § 51.999
(A) Authority. The city is authorized, in accordance with the provisions of Tex. Loc. Gov't Code § 402.0025, as it may be amended from time to time, to perfect the lien upon property which occurs as provided in § 51.026, for the purpose of securing the payment of delinquent charges incurred as a result of service to the property. This section shall not apply to delinquent charges for service where a tenant is the customer of record, if the owner of the property served has sent notice to the Utility Manager that the property is rental property.
(B) When lien is perfected. The lien may be perfected only when charges incurred by a customer for service become delinquent and when the Utility Manager determines that other means for fully collecting the delinquency are inadequate or unavailable.
(C) Form of lien. Upon request of the Utility Manager, the form of the lien must be prepared by the City Attorney. The form must contain:
(1) A statement indicating the purpose of the lien;
(2) The address of the property which is the subject of the lien, where the address is ascertainable;
(3) A complete legal description of the property which is the subject of the lien; and
(4) The amount of delinquent charges, including penalties, interest and collection costs, if any, incurred upon the property as of the date of execution of the lien.
(D) Execution and recording. The lien must be:
(1) Executed by the City Manager and acknowledged by a notary public of the state;
(2) Approved as to form by the City Attorney; and
(3) Filed in the deed or lien records of the county.
(E) Priority of lien. The lien is superior to all other liens except a bona fide mortgage lien recorded prior to the recording of the city's lien in the deed or lien records of the county.
(F) Additional charges; correction lien. Should additional delinquent charges be incurred subsequent to the date of the original lien's execution, a correction lien may be executed and filed, in the form provided above, fixing the additional delinquent charges. The correction lien, when filed of record, shall relate back to the date of recording of the original lien and shall become a part of the original lien.
(G) Suit to foreclose. The City Attorney, at the request of the Utility Manager, may file suit to judicially foreclose the lien in a state court of competent jurisdiction. The suit may not be filed earlier than 60 days after the recording date of the lien.
(H) Release of lien. Upon certification of the Utility Manager that all delinquent charges which existed against the property have been fully paid, the City Manager is authorized to execute a release of the lien. The release shall be prepared and approved as to form by the City Attorney and shall be duly acknowledged. After execution, the Utility Manager must immediately file the release in the deed or lien records of the county.
(I) Cumulative remedies. This section is cumulative of any other remedies, methods of collection or security available to the Utility Manager or the city under the charter and ordinances of the city or under state law. This section does not affect the Utility Manager's authority to refuse or to furnish service when delinquent charges exist.
(Ord. 10-1993-36, passed 10-12-93) Penalty, see § 51.999
(A) Form of notice. Prior to recording of the water lien, the Utility Manager shall send notice, by certified mail, return receipt requested, that a lien will be fixed on the property in accordance with law. The notice must provide a time, place and means by which the charges causing the lien may be paid or disputed. The notice must be sent to:
(1) The customer in whose name the account for service to the property exists; and
(2) The last known record owner of the property according to the tax rolls of the city, if the customer is not the owner.
(B) Absence of notice. Absence of receipt of notice does not affect the enforceability of a lien perfected under § 51.027.
(Ord. 10-1993-36, passed 10-12-93)
(A) Use without consent. A person commits an offense if where water is furnished to any premises, the person knowingly takes water from any faucet or water connection on the premises without first securing the consent of, and making arrangements with, the owner of the premises or the customer in whose name the account exists. This section does not apply to a person employed by the city who is engaged in work of an emergency nature in his official capacity as a city employee.
(B) Use without application. A person commits an offense if he knowingly diverts or uses water from any part of the water system without making application and without receiving the Utility Manager's consent to use a service. Absence of an account for service on file with the Utility Department constitutes prima facie proof of the lack of the Utility Manager's consent to use a service.
(Ord. 10-1993-36, passed 10-12-93) Penalty, see § 51.999
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