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Cleburne, Texas Code of Ordinances
Cleburne, Texas Code of Ordinances
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
CHAPTER 50: GARBAGE AND TRASH
CHAPTER 51: WATER AND SEWERS
GENERAL PROVISIONS
RATES, CHARGES AND COLLECTIONS
§ 51.015 APPLICATION FOR SERVICE, TRANSFER OR FINAL; CONTENTS OF APPLICATION.
§ 51.016 NEW APPLICATION FOR PREMISES WITH DELINQUENT CHARGES.
§ 51.017 SECURITY DEPOSITS; EXEMPTIONS.
§ 51.018 USE OF SECURITY DEPOSITS.
§ 51.019 SECURITY DEPOSIT REFUNDS.
§ 51.020 SECURITY DEPOSIT AMOUNTS.
§ 51.021 PAYMENTS OF FEES; DELINQUENCY; DISCONTINUANCE OR REFUSAL OF SERVICE; NOTICE OF DISCONTINUANCE.
§ 51.022 (RESERVED).
§ 51.023 METERS - REQUIRED; READ MONTHLY; CHARGE; WATER LEAKAGE.
§ 51.024 METERS - EXPOSING TO DAMAGE; NOTICE OF WORK AFFECTING SYSTEMS; MOVING.
§ 51.025 REVENUE COLLECTION REGULATIONS.
§ 51.026 JOINT OWNERS OR USERS; LIABILITY; TRANSFER OF ACCOUNTS.
§ 51.027 WATER LIEN PROCEDURE.
§ 51.028 NOTICE OF WATER LIEN.
§ 51.029 USING ANOTHER PERSON'S WATER; USE BEFORE FILING APPLICATION FOR SERVICE.
§ 51.030 RATES FOR TREATED WATER SERVICE.
§ 51.031 RATES FOR WASTEWATER SERVICE.
§ 51.032 CHARGES FOR USE OF FIRE HYDRANTS.
§ 51.033 INDUSTRIAL WASTE CHARGE RATE FORMULA.
§ 51.034 MISCELLANEOUS CHARGES AND PROVISIONS; RATES WHERE NO CHARGE SPECIFIED.
§ 51.035 FIRE HYDRANTS.
§ 51.036 NO FREE WATER.
§ 51.037 TAMPERING WITH OR DAMAGING SYSTEMS; UNLAWFUL USE OF WATER; PRIMA FACIE EVIDENCE.
§ 51.038 (RESERVED).
§ 51.039 CITY RELEASED FROM LIABILITY IF CUSTOMER CANNOT BE PRESENT WHEN WATER SERVICE IS INITIATED.
§ 51.040 INTERRUPTION OF SERVICE BY WATER UTILITIES DEPARTMENT; LIABILITY.
§ 51.041 ESTABLISHMENT AND FUNDING OF WATER/WASTEWATER RATE MITIGATION AND CAPITAL IMPROVEMENT RESERVE.
§ 51.042 EXPENDITURES FROM THE WATER/WASTEWATER RATE MITIGATION RESERVE; PROHIBITED EXPENDITURES.
EXTENSION OF MAINS
INDUSTRIAL WASTES
WASTE HAULERS
ON-SITE SEWAGE FACILITIES
CHAPTER 52: MUNICIPAL DRAINAGE UTILITY
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
PARALLEL REFERENCES
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§ 51.033 INDUSTRIAL WASTE CHARGE RATE FORMULA.
   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
§ 51.034 MISCELLANEOUS CHARGES AND PROVISIONS; RATES WHERE NO CHARGE SPECIFIED.
   (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)
§ 51.035 FIRE HYDRANTS.
   (A)   Permission to use. Fire hydrants are used in extinguishing fires by the Fire Department. Fire hydrants cannot be used for any other purpose unless approved by the Utility Manager. The Utility Manager may disapprove of the use of a fire hydrant meter assembly at his or her discretion. If approved, the fire hydrant can only be opened only by authorized employees of the city (Utility, Street, Sanitation or Fire Departments). Any other business or person who wishes to use a fire hydrant must make application with the Utilities Department under the following conditions. The applicant must:
      (1)   Use a water meter furnished by the Utility Department;
      (2)   Make the meter readily available for reading by the Utility Department each month it is used; and
      (3)   Notify the Utility Manager to move or after finishing use of the hydrant.
   (B)   Improper use. Failure to abide by the conditions of division (A) is sufficient cause to prohibit further use of the fire hydrant, and to refuse to grant subsequent permits for use of a fire hydrant. A person commits an offense if he or she knowingly:
      (1)   Uses water from a fire hydrant without an application permit with a deposit from the Utility Department; or
      (2)   Violates any of the terms and conditions of an application permit granted under this section.
(Ord. 10-1993-36, passed 10-12-93; Am. Ord. 01-2007-06, passed 1-23-07)
§ 51.036 NO FREE WATER.
   No free water, sewer or refuse service shall be allowed, and to the extent that the city or any of its departments avail themselves of the service and facilities provided, these Departments shall pay therefor the same rates as prescribed in this chapter.
(Ord. 10-1993-36, passed 10-12-93) Penalty, see § 51.999
§ 51.037 TAMPERING WITH OR DAMAGING SYSTEMS; UNLAWFUL USE OF WATER; PRIMA FACIE EVIDENCE.
   (A)   Tampering with or damaging system. A person commits an offense if, without the written permission of the City Manager or the Utilities Manager, he knowingly:
      (1)   Damages or destroys any part of a water meter, connections, cutoff device or locking device;
      (2)   Tampers with any part of a water meter, connections, cutoff device or locking device.
   (B)   Certain conditions creating prima facie evidence of tampering. For purposes of this section, it is prima facie evidence that a person has tampered under division (A)(2) above if the person is a customer, owner or person in control of the premises and:
      (1)   Water is prevented from passing through a meter used or furnished by the Utility Department to supply water to the premises;
      (2)   A meter used or furnished by the Utility Department is prevented from correctly registering the quantity of water supplied to the premises;
      (3)   Water is diverted or bypassed by the use of a device, from or around a pipe, main, meter, hydrant or other connection of the Utility Department;
      (4)   A meter or service connection of the Utility Department used for service to premises is removed; or
      (5)   Wastewater is prevented or diverted from flowing from premises into the wastewater system.
   (C)   Prima facie evidence of knowledge. The existence on premises of a device used for any of the unlawful purposes stated in this section shall constitute prima facie evidence of knowledge of the unlawful purpose on the part of the customer, owner or person in control of the premises.
(Ord. 10-1993-36, passed 10-12-93) Penalty, see § 51.999
§ 51.038 (RESERVED).
§ 51.039 CITY RELEASED FROM LIABILITY IF CUSTOMER CANNOT BE PRESENT WHEN WATER SERVICE IS INITIATED.
   (A)   Release of liability.
      (1)   Normally, the customer should be present when water service is turned on in order to avoid inadvertent water damage due to faucets being open, broken pipes, and the like. Appointments will be made for this purpose. If a customer or his authorized agent cannot be present, the customer may sign a form provided in the Utility Billing Office which releases the city from liability for any damages at the customer's service address as a result of turning on the water.
      (2)   The release of liability must be signed by the customer in whose name an account is being established. The customer is agreeing that he assumes responsibility for damages that may result when the water is turned on. The signer of the document must present identification, have his signature witnessed, and the document notarized.
      (3)   Under no circumstances will water be turned on unless the customer is present at the service address or has provided the city with the release of liability.
   (B)   Exception. If at the time water is turned on a leak is suspected, the water will be turned off again. The customer or his authorized agent bust be present when the water is turned on again and a $10 service fee will be required for the additional service call.
(Ord. 10-1993-36, passed 10-12-93)
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