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(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
(A) Form of rate. The monthly rate for treated water service to a customer consists of:
(1) Service demand charge; and
(2) A usage charge.
(B) Billing cycle. In this section, water used per month is based upon the billing cycle of the Utility Department.
(C) Rate tables. The Utility Manager shall charge customers for treated water service in accordance with the following tables:
(1) For utility accounts inside city limits.
Water Usage Rate/Month
0 gallons and over $6.00 per 1,000 gallons
Monthly Base Service Demand Charge
| |
3/4" meter | $22.53 |
1" meter | 40.14 |
1 1/2" meter and larger | 90.32 |
(2) For utility accounts outside city limits.
Water Usage Rate/Month
0 gallons and over $7.47 per 1,000 gallons
Monthly Base Service Demand Charge
| |
3/4" meter | $29.14 |
1" meter | 40.14 |
1 1/2" meter and larger | 90.32 |
(3) Treated water service rates include a rate for water rights from the Brazos River Authority (BRA) herein called the system water rate. The system water rate, which is adjusted annually by BRA, shall be passed through to the customers of the City of Cleburne’s water utility. The treated water service rate shall be applied to the residential and commercial customers’ base rates in § 51.030(C)(1) and (2).
(D) Sprinkler system. Water, separately metered, used solely for lawn sprinkler systems shall be billed according to the rate tables in division (C) of this section. No service demand charge shall be applied if zero usage is indicated on the meter.
(E) Applicability of rates to meters. The charges for water service in division (C) of this section apply to each meter which exists at a customer’s premises.
(F) Multi-family dwelling units. All multi-family dwelling units of five or more units, which are not separately metered, shall be charged for services based on meter size and rates in the following tables:
Service Demand Charge Each Month
| |||
For utility accounts inside city limits:
|
For utility accounts outside city limits:
| ||
Meter (inches) | Fee | Meter (inches) | Fee |
Service Demand Charge Each Month
| |||
For utility accounts inside city limits:
|
For utility accounts outside city limits:
| ||
Meter (inches) | Fee | Meter (inches) | Fee |
¾ | $ 22.53 | ¾ | $ 29.14 |
1 | 38.09 | 1 | 49.26 |
1½ | 127.07 | 1½ | 163.92 |
2 | 381.20 | 2 | 491.75 |
2 ½ | 381.20 | 2 ½ | 491.75 |
3 and larger | 381.20 | 3 and larger | 491.75 |
Per 1,000 Gallons Charge Each Month
| |||
For utility accounts inside city limits:
|
For utility accounts outside city limits:
| ||
0 gallons and over, per 1,000 gallons | $6.00 | 0 gallons and over, per 1,000 gallons | $7.47 |
(G) Rates where no meter exists. If a customer is without a meter, the minimum usage charge is based on 1,333 cubic feet (10,000 gallons) of water used per month at the rate specified in division (C) of this section. In cases where a metering device is impracticable, a rate will be determined by the Utility Manager.
(H) Reuse water. All reuse water will be billed at 75% of the potable water rates as shown in division (C) Rate Tables above.
(Ord. 10-1993-36, passed 10-12-93; Am. Ord. 9-1994-43, passed 9-13-94; Am. Ord. 9-1996-67, passed 9-24-96; Am. Ord. 1-1997-03, passed 1-28-97; Am. Ord. 9-1997-70, passed 9-9-97; Am. Ord. 9-1998-52, passed 9-8-98; Am. Ord. 10-1998-67, passed 10-13-98; Am. Ord. 9-1999-86, passed 9-14-99; Am. Ord. 9-2000-41, passed 9-12-00; Am. Ord. 9-2001-63, passed 9-25-01; Am. Ord. 9-2002-67, passed 9-10-02; Am. Ord. 09-2003-41, passed 9-9-03; Am. Ord. 09-2004-53, passed 9-14-04; Am. Ord. 09-2005-57, passed 9-13-05; Am. Ord. 09-2006-75, passed 9-12-06; Am. Ord. 09-2007-46, passed 9-11-07; Am. Ord. 09-2008-56, passed 9-9-08; Am. Ord. 10-2009-60, passed 10-13-09; Am. Ord. 07-2010-35, passed 7-13-10; Am. Ord. 09-2010-54, passed 9- 14-10; Am. Ord. 09-2011-51, passed 9-13-11; Am. Ord. 08-2012-33, passed 8-28-2012; Am. Ord. 09-2013-52, passed 9-10-13; Am. Ord. 09-2014-80, passed 9-23-14; Am. Ord. 09-2019-58, passed 9-24-2019; Am. Ord. 09-2019-59, passed 9-24-2019; Am. Ord. 03-2023-16, passed 3-28-2023) Penalty, see § 51.999
(A) Form of rate. The monthly rate for wastewater service to a customer consists of:
(1) A service demand charge;
(2) A usage charge; and
(3) A surcharge for excessive concentration of waste, if applicable.
(B) Billing cycle. In this section, water used per month is based upon the billing cycle of the Utility Department.
(C) Rate tables. The Utility Manager shall charge a customer for wastewater service based on water used in accordance with the following tables:
(1) Residential accounts. There shall be a maximum of 13,500 gallons of water usage used to compute a residential wastewater bill.
(2) Commercial accounts. There shall be no maximum water usage used to compute a commercial sewer account.
(3) Sprinkler accounts. No sewage charge shall be placed on accounts that strictly use water for a sprinkler system.
Wastewater Service Rates
| |||
For utility accounts inside city limits:
|
For utility accounts outside city limits:
| ||
Water Usage | Rate/Month | Water Usage | Rate/Month |
0 gallons and over | $3.86 per 1,000 gallons | 0 gallons and over | $4.83 per 1,000 gallons |
Service Demand Charge Each Month
| |||
For utility accounts inside city limits:
|
For utility accounts outside city limits:
| ||
Water Meter Size (inches) | Fee | Water Meter Size (inches) | Fee |
Service Demand Charge Each Month
| |||
For utility accounts inside city limits:
|
For utility accounts outside city limits:
| ||
Water Meter Size (inches) | Fee | Water Meter Size (inches) | Fee |
¾ | $ 17.08 | ¾ | $ 21.35 |
1 | 17.08 | 1 | 36.90 |
1½ | 66.50 | 1½ | 83.13 |
2 | 118.16 | 2 | 147.70 |
2 ½ | 184.69 | 2 ½ | 230.86 |
3 and larger | 204.05 | 3 and larger | 346.30 |
(D) Multi-family dwelling units — rate calculation. All multi- family dwelling units of five or more units which are not separately metered shall be charged for sewer service based on water meter size and rates in the following tables:
Service Demand Charge Each Month
| |||
For utility accounts inside city limits:
|
For utility accounts outside city limits:
| ||
Meter (inches) | Fee | Meter (inches) | Fee |
Service Demand Charge Each Month
| |||
For utility accounts inside city limits:
|
For utility accounts outside city limits:
| ||
Meter (inches) | Fee | Meter (inches) | Fee |
¾ | $ 17.08 | ¾ | $ 21.35 |
1 | 29.52 | 1 | 36.90 |
1½ | 66.50 | 1½ | 83.13 |
2 | 118.13 | 2 | 147.70 |
2 ½ | 184.69 | 2 ½ | 230.86 |
3 and larger | 277.04 | 3 and larger | 346.30 |
Per 1,000 Gallons Charge Each Month
| |||
For utility accounts inside city limits:
|
For utility accounts outside city limits:
| ||
0 gallons and over, per 1,000 gallons | $3.86 | 0 gallons and over, per 1,000 gallons | $4.83 |
There shall be no maximum water usage used to compute a multi-family unit wastewater account. | |||
(E) Where residential water service is not used. If a residential customer does not receive water service solely from the city, the Utility Manager shall estimate water used per month to determine the usage charge in division (C) in accordance with § 51.030(G).
(Ord. 10-1993-36, passed 10-12-93; Am. Ord. 9-1994-45, passed 9-13-94; Am. Ord. 9-1996-68, passed 9-24-96; Am. Ord. 1-1997-04, passed 1-28-97; Am. Ord. 9-1997-71, passed 9-9-97; Am. Ord. 9-1998-51, passed 9-8-98; Am. Ord. 9-1999-85, passed 9-14-99; Am. Ord. 9-2000-41, passed 9-12-00; Am. Ord. 9-2001-64, passed 9-25-01; Am. Ord. 9-2002-68, passed 9-10-02; Am. Ord. 09-2003-40, passed 9-9-03; Am. Ord. 09-2004-54, passed 9-14-04; Am. Ord. 09-2005-58, passed 9-13-05; Am. Ord. 04-2006-34, passed 4-25-06; Am. Ord. 09-2006-76, passed 9-12-06; Am. Ord. 09-2007-47, passed 9-11-07; Am. Ord. 09-2008-57, passed 9-9-08; Am. Ord. 10-2009-61, passed 10-13-09; Am. Ord. 09-2010-55, passed 9-14-10; Am. Ord. 09-2011-52, passed 9- 13-11; Am. Ord. 08-2012-34, passed 8-28-2012; Am. Ord. 09-2013-53, passed 9-10-13; Am. Ord. 09-2014-81, passed 9-23-14; Am. Ord. 09- 2019-59, passed 9-24-19; Am. Ord. 03-2023-16, passed 3-28-23) Penalty, see § 51.999
A person requesting use of water from a fire hydrant pursuant to § 51.035 shall pay the following application charges.
(A) A deposit of $2,000 for each meter assembly (water meter and backflow device) will be required to set up an account. This amount will be refunded when service is discontinued and the meter assembly has been returned. The return amount will be less any unpaid fees for services, and any cost to repair damage to the meter assembly in excess of normal wear.
(B) There shall be a connection or relocation charge of $100 to connect or relocate the fire hydrant meter assembly to a fire hydrant for metered water service. Connection and removal shall be made by city utility personnel only. If a fire hydrant meter is moved from its original approved location by anyone other than city personnel, a penalty will be charged as provided in § 51.999.
(C) A usage charge for water will be billed at the general service rates in § 51.030, plus the service demand charge based on the following schedule:
Per Cent Increase | |
1 cu. ft. to 33,422 cu. ft. (250,000 gallons) | 25% |
33,423 cu. ft. to 66,845 cu. ft. (500,000 gallons) | 30% |
66,845 cu. ft. to 100,267 cu. ft. (750,000 gallons) | 35% |
100,266 cu. ft. and over | 40% |
(D) The service demand charge per month for the use of a fire hydrant meter will be the same as § 51.030(F), based on the size of the meter (all fire hydrant meters are three inches or larger).
(E) A beginning reading shall be made of the meter when installed on the fire hydrant and an ending reading shall be made when it is requested by the customer to remove the meter from the fire hydrant. The utility bill for water service shall be computed using these readings. If the fire hydrant meter is in use for more than one month period, a reading shall be taken at the end of each month, and a utility bill shall be prepared and mailed to the customer at the end of each month the meter is in use.
(Ord. 10-1993-36, passed 10-12-93; Am. Ord. 01-2007-06, passed 1-23-07)
The person responsible for industrial waste discharge is responsible for the following charges: Service Demand Charge, Volume, biological oxygen demand (BOD), total suspended solids (TSS) and total dissolved solids (TDS) in accordance with the following rate table:
Service Demand Charge, per month | $ 12.58 |
Volume Charge, per month, per 1,000 gallons | $ 5.17 |
BOD, per lb., per month | $ 0.49 |
TSS, per lb., per month | $ 0.45 |
TDS, per lb., per month | $ 0.24 |
(Ord. 10-1993-36, passed 10-12-93; Am. Ord. 9-1994-45, passed 9-13-94; Am. Ord. 10-1997-88, passed 10-28-97; Am. Ord. 9-1998-51, passed 9-8-98; Am. Ord. 9-1999-85, passed 9-14-99; Am. Ord. 9-2000-41, passed 9-12-00; Am. Ord. 9-2001-64, passed 9-25-01; Am. Ord. 9-2002-68, passed 9-10-02; Am. Ord. 09-2003-40, passed 9-9-03; Am. Ord. 09-2004-54, passed 9-14-04; Am. Ord. 09-2005-58, passed 9-13-05; Am. Ord. 04-2006-34, passed 4-25-06; Am. Ord. 09-2006-76, passed 9-12-06; Am. Ord. 09-2007-47, passed 9-11-07; Am. Ord. 09- 2008-57, passed 9-9-08; Am. Ord. 10-2009-61, passed 10-13-09; Am. Ord. 09-2010-55, passed 9-14-10; Am. Ord. 09-2011-52, passed 9-13-11; Am. Ord. 08-2012-34, passed 8-28-2012; Am. Ord. 09-2013-53, passed 9- 10-13; Am. Ord. 09-2014-81, passed 9-23-14) Penalty, see § 51.999
(A) Service application fees. Upon request for service, new or transfer, a fee of $10 will be assessed to the account.
(B) Returned check charge. A charge of $25 will be assessed when a customer pays a service bill by check, the check is presented to the bank, and the bank does not honor the check.
(C) Refusal of payment. The Utility Manager shall be authorized to refuse payment of services by check on those customers that have a history of returned checks.
(D) Missed appointment, trip for turn off/on, or rereading of meter charge. If a customer requests an appointment for service and they are not present at the service location at the agreed upon time, a $25 fee will be assessed for an additional service call before 3:00 p.m. If the customer makes a request for same day service after 3:00 p.m., the service fee will be $50. A service fee of $25 will be charged for meter rereads if there is no change in the meter reading. No fee will be charged for customer-requested turn off/on for repairs unless the request is received after 3:00 p.m. for same day service. If the request is received after 3:00 p.m. for same day service. If the request is received after 3:00 p.m., there will be a $50 charge for same day service, or the turn off/on will be scheduled for the following business day at no charge.
(E) Customer-requested testing of meter. The Utility Manager will test customers’ meters at their request for a fee as follows:
Meter Size
| Fee
|
" to 1" | $25 |
1-½" to 2" | $50 |
3" and above | $100 |
If it is determined that the meter is not reading correctly, the charge will be reversed. | |
(F) Where no charge specified. When charges for a service are not specified in this chapter, the Utility Manager shall establish charges based on the cost of performing the services, including but not limited to, such services as moving of meter locations, repair to damaged facilities, field location of meters, installation of meter box lids, replacement of one meter with another meter, and installation and removal of temporary service.
(G) Where money credited. All sums of money collected as a charge or fee authorized under this chapter, at the rates specified in this chapter, shall be credited to the appropriate water and wastewater fund of the city.
(Ord. 10-1993-36, passed 10-12-93; Am. Ord. 01-2007-06, passed 1-23-07; Am. Ord. 03-2014-17, passed 3-25-14; Am. Ord. 05-2014-45, passed 5-27-14; Am. Ord. 04-2016-16, passed 4-12-16)
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