§ 50.002 APPLICATION FOR SERVICE.

   (A)   Application required. Before any service shall be supplied by the department to any customer, the person, business or entity requesting service shall make proper written application for such service with the department and shall complete all information on forms required by the department. If the application is for a new water or wastewater tap, additional information shall be supplied to the department in order to determine the additional cost of the service tap or connection charges, fees, costs and expenses. All new customers are required to pay an activation fee as outlined in the water rate schedule. Any person, business or entity which has been previously a customer shall provide any previous name and address under which the applicant was previously furnished with service and with the applicant shall pay any fees, damages, charges, expenses, penalties or delinquent accounts owed by the applicant to the City of Ferris.

   (B)   Effect of application and liability for payment. When an application for service has been approved and accepted by the department, the applicant, the occupant and the owner of the premises to be serviced shall be jointly and severally liable for and shall pay upon demand any and all charges, rates, fees, costs, penalties and other amounts that may be imposed, levied or assessed in accordance with this chapter. The application shall further constitute a joint and several agreement on behalf of said applicant, the occupant and/or owner to comply with all terms and provisions of this chapter and all other local, state, and federal laws, as then existing or as thereafter enacted or amended.

   (C)   Use of water prior to accepted application. No person, business or entity shall use any water, turn on any water service or valve or tap into a city water system, wastewater system or service furnished through any city water system or wastewater system to any premises prior to the city’s acceptance of the required application and the payment of all fees, costs, expenses, charges and other amounts imposed, levied or assessed pursuant to this chapter. Any person, business or entity which uses any water through a city service line, turns or attempts to turn on any water service or valve and/or taps or attempts to tap into any city service, water system or wastewater system prior to the city’

   (D)   Change in service.

      (1)   Moving into premises. Any person, business or entity moving into or occupying any premises shall be responsible for complying with all terms and provisions of this chapter.

      (2)   Moving away from premises. Any customer who moves away from any premises to which service is being furnished shall notify the department during normal business office hours within 72 hours before the moving date and shall provide the department with the customer’s new mailing address.

   (E)   Change of name. In the event of a change of business or other name for any customer, such customer shall file with the city as soon as reasonably practical after such change of name a new application for water service and shall pay with said application all fees, damages, charges, penalties and delinquent accounts owed by such customer under the former name.

   (F)   Misinformation on application. Any person, business or entity which provides incomplete, incorrect, false, deceptive, inaccurate or misleading information on any application or which fails to provide any application or other information required by or through any terms or provisions of this chapter shall be in violation of this chapter and shall be subject to the penal provisions of this chapter.

(Ord. O-16-821, passed 7-28-2016)

§ 50.003 METER REQUIRED; METERS TO BE READ MONTHLY; ESTIMATED CHARGE AND ADJUSTMENTS FOR LEAKS.

   (A)   Meters generally. A customer shall receive water service only when measured through a meter. All water meters furnished by the department shall at all times remain the property of the city. The Director shall determine the size, type, quantity and location of meters and connections to meters to be installed. Each meter shall be electronically read, when reasonably possible, once a month and a water utility bill shall be rendered accordingly. At no time shall more than one building or one duplex unit or one single family residence be placed on any single meter.

   (B)   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 otherwise; or

      (2)   The meter does not properly function or the equipment used to read the meter does not properly function; or

      (3)   Adverse weather, an act of God or other circumstance prevents or inhibits the reading of the meter; or

      (4)   No meter is in place at the premises; or

      (5)   For some other reason, a meter reading is not available to the billing section of the department at the time of preparing a water utility bill to the customer.

   (C)   Basis for estimates. An estimate shall be based on past consumption experience at the premises and adjusted for seasonal variations, or if there is no similar past experience, then upon consumption of the same class of customers under similar conditions. If a customer demonstrates to the satisfaction of the Director or the City Manager that an estimated bill is excessive, then the department shall render a water utility bill for water usage based on a revised estimate or on an actual meter reading where reasonably possible.

   (D)   Meter reading verification. If the customer is of the opinion that there is an error or a discrepancy for water usage on such customer’s water utility bill, the Director will inspect the meter and verify the reading. A verification fee, as provided in the fee schedule will be assessed to and shall be paid by the customer unless the Director verifies that the customer’s bill was grossly in error or that the customer has not requested more than one verification during the previous six month period.

   (E)   Return of meters. All water meters furnished to customers are the property of the city and shall be returned by the customer immediately upon request of the Director. Failure by a customer to return a meter when requested constitutes grounds for disconnection or refusal of service. Any person, business or entity which has possession, care, custody or control of a meter and which fails to deliver the same to the city after request to do so by the Director, the City Manager or either of their respective designees shall be in violation of this chapter and shall be subject to the penal provisions of this chapter.

   (F)   Maintenance of meters. The department is responsible for maintenance, inspection and repair of all water meters rendered unserviceable through normal wear and tear. When replacements, repairs or adjustments of any meter, meter box, and service valve are made necessary by any act, omission, negligence or carelessness of a customer, or any other person, business or entity, such customer, person, business or entity shall pay all damages resulting from such act, omission, negligence or carelessness to the department on demand and if the same are not so paid by a customer responsible therefore, service to such customer, owner and/or occupant shall be disconnected.

   (G)   Testing of meters. When any customer is of the opinion that the meter through which the water is supplied is incorrect for any reason, the customer may request that a meter test of the meter be made. The customer shall pay a fee for the test and the new replacement meter based upon the size of said meter, as provided in the fee schedule. When the Director receives the results of the test and if the meter was found to be over-registering by more than 2%, the testing fee shall be returned along with a refund for up to 12 months or the actual length of time the meter was installed, whichever is shorter. The refund shall be the amount overcharged during the time as determined by recalculation of the past bills for said period.

(Ord. O-16-821, passed 7-28-2016)

§ 50.004 SERVICE AND TAP CONNECTION CHARGES.

   (A)   Water service installation and tapping charges. As provided in fee schedule.

   (B)   Wastewater service installation and connection charges. As provided in fee schedule.

   (C)   In the event that it is necessary or advisable to open cut any street or roadway for the installation, whether for water or wastewater services, the applicant shall be charged a fee to be determined by the Public Works Director which shall be remitted to the city’s general fund to be used for street maintenance purposes.

   (D)   The aforesaid fees and charges are intended to cover only routine and normal water and/or wastewater installations for service. Notwithstanding any term or provision of this chapter to the contrary, the fees, expenses, costs and charges for labor and materials to be paid by any applicant or customer for any meter, tap, and installation of water or wastewater service or connection shall never be less than the actual cost thereof as determined by the Director. When charges, costs, expenses or fees for a service are not specified in this chapter or when such charges, costs, expenses or fees are inadequate, the Director shall establish such charges and fees based on the actual cost of materials and labor for performing the installation of the meter, tap, connection and/or service, including, but not limited to, such cost for repairs to damaged equipment and/or facilities, field location of mains, fire hydrant placement or relocation, installation of traffic lid on meter boxes, replacement of an existing meter with larger meter, removal of temporary service, abandonment of manholes, mains or services and providing printed materials as requested.

(Ord. O-16-821, passed 7-28-2016)

§ 50.005 WATER RATES AND ACCOUNTS.

   (A)   The amounts to be levied and collected from any person, business or entity using the city water system shall be computed in accordance with the following monthly water rate schedule and all fees or charges pertaining to this chapter in the future shall be updated or changed by ordinance:

   (B)   (1)   Monthly residential rates for customers within the city limits: as provided in water rate schedule. Provided, however, that where more than one residential customer is serviced from the same water meter, each such customer shall pay a minimum monthly rate (as provided in the water rate schedule) plus the amount of water provided through such meter as shown on the foregoing schedule, after an allowance for the base number of gallons per customer serviced by said meter.

      (2)   Monthly commercial rates for customers within the city limits. As provided in water rate schedule. Said commercial rates shall apply to all customers except multi-family and residential.

      (3)   Residential and commercial customers outside the city limits. Residential customers whose premises are located outside the city limits shall pay the same rates as customers located inside the city limits.

      (4)   Fire hydrants. Any person, business or entity authorized by the city to use water from a fire hydrant shall pay a deposit, in addition to a monthly base rate charge plus a fee for each thousand gallons used, (as provided in the Fee and Water Rate Schedule).

      (5)   Monthly water charges are provided in the following water rate schedule:

CITY OF FERRIS WATER RATE SCHEDULE EFFECTIVE 10/1/2023
	Fixed Rate		Variable Rate
User class	(base - charged per unit. Includes 2,000 gallons)		Consumption	Price per 1,000 gallons
	Effective 2023	Effective 2024		Effective 2023	Effective 2024
RESIDENTIAL	$31.91	$32.55	2,001 to 12,000 gallons	$6.38	$6.51
			12,001 to 22,000 gallons	$7.14	$7.29
			22,001 to 32,000 gallons	$8.56	$8.74
			32,001 gallons and above	$10.28	$10.48
MULTI-FAMILY	$31.91	$32.55	2,001 to 12,000 gallons	$6.38	$6.51
			12,001 to 22,000 gallons	$7.14	$7.29
			22,001 to 32,000 gallons	$8.56	$8.74
			32,001 gallons and above	$10.28	$10.48
COMMERCIAL	$31.91	$32.55	2,001 gallons and above	$7.14	$7.29
FIRE HYDRANT METER	$103	$103	Gallons used	$5.88	$5.88
The total monthly rate for a user shall be the sum of the fixed rate plus the variable rate times the user’s water volume for the month.

 

   (C)   Due dates for payment of monthly water utility bills, late charges and disconnection for delinquent payment or nonpayment.

      (1)   As nearly as reasonably practical, each customer shall be sent a monthly water utility bill to the customer's address shown on the department's records. Each water utility bill shall include but shall not be limited to the applicable monthly base rate for water and water usage. Each water utility bill shall be due and payable within 48 hours after the same is mailed by the department or is delivered to the customer, whichever event shall first occur. Payment of a water utility bill shall be made to the City of Ferris Water Department, 104 S. Central, Ferris, Texas 75125.

      (2)   Any customer who fails to pay a water utility bill within 15 days from the date such bill was invoiced shall be subject to a late payment penalty in the amount of 10% of the total amount due. Payments must be in the office, not postmarked, to avoid a late payment penalty.

      (3)   Any customer who fails to pay the water utility bill and/or any other fee, penalty or charge imposed, levied and/or assessed under this chapter within 20 days from the date such bill was invoiced shall be subject, without notice from the city, to such customer's services being disconnected from the city's water system. Failure to receive a bill or second notice will not relieve the customer of the responsibility of timely payment of the account and will not negate any fees or penalties due.

      (4)   Any customer which has been placed on disconnect list for non-payment under this division (B) of this section shall pay all delinquent water utility bills as may be required under § 50.002 of this chapter prior to reconnection. Additionally, a service trip fee shall be charged for reconnections made between 8:00 a.m. and 5:00 p.m. on normal city workdays, as provided in the fee schedule. An increased trip service fee, as provided in the fee schedule shall be charged for reconnections made between 5:00 p.m. and 10:00 p.m. on normal city workdays or at such other times as may be approved by the Director. No reconnections will be made after 10:00 p.m. or before 8:00 a.m. on normal workdays or at any other time unless approved by the Director.

      (5)   The owner of the premises serviced and customer in whose name the account for services exists are jointly and severally liable for all charges for monthly water utility bills, late payments and reconnection fees assessed, levied or imposed under this chapter. Nevertheless, where service is provided to a tenant or occupant in a structure, whether residential or commercial, or to more than one tenant or occupant through a master meter or single service connection, the other owners and occupants shall remain jointly and severally liable for the unpaid delinquent amounts if the customer in whose name the account exists fails, refuses or is unable to pay the amounts shown on a water utility bill as the same became due and payable. The Director may refuse service or discontinue service to all other tenants, occupants and/or customers in said structure in the same manner provided for in this § 50.005 of this chapter until all delinquent amounts are fully paid.

      (6)   Where a person, business or entity which is liable for any delinquent amounts at one address is found to have an account in his or its name at another address, the delinquent amounts at the previous address may be transferred to the account at the new address, and service discontinued at the new address until the delinquent amounts are fully paid.

      (7)   Miscellaneous charges and provisions.

         (a)   Requested disconnect fee. The service charge for a department employee answering the request of a customer for a temporary disconnection of service shall be charged, as provided in the Fee Schedule, per trip and shall be paid by such customer upon demand.

         (b)   Return check fee. Upon the return of any check issued by a customer and is not paid or is returned by the bank on which it is drawn for any reason, a fee shall be assessed for such returned check and shall be paid by the customer who issued such check, as provided in the fee schedule. Upon notice that the customer's check did not clear the bank, the account will be treated as though no payment was made.

         (c)   Delinquent fee. Once the department clerk has generated a list of delinquent accounts, a delinquent fee will be charged, as provided in the fee schedule. Reconnect fees will automatically be applied once the disconnect list has been generated, even if the water service has not yet been disconnected.

         (d)   Adjustment for leaks. Any customer who requests an adjustment due to a water leak shall present to the Director such documents and verification as the Director may require to substantiate that a water leak has occurred. If the Director is satisfied that a leak has occurred, the Director may adjust one month's billing to that customer during the period of the leak to an amount equal to the full applicable base and usage rate for the first 10,000 gallons of water or the average usage for the previous two months, whichever is greater and to charge a reduced amount, as provided in the fee schedule, per thousand gallons over that amount for that month. The customer shall not be entitled to any further adjustments for that leak even though said leak may have extended into two or more monthly billing periods. The customer shall not be entitled to any further leak adjustments for six months after receiving a leak adjustment.

(Am. Ord. O-17-840, passed 9-5-2017; Am. Ord. O-18-877, passed 10-15-2018; Am. Ord. O-20-914, passed 5-18-2020; Am. Ord. O-23-983, passed 8-21-2023)

CROSS-CONNECTION CONTROL AND PREVENTION

§ 50.015 CROSS CONNECTION STANDARDS.

   Every source of contamination or possible contamination from any contaminant which originates from or is located at a residential or commercial establishment, which is connected to any public water supply or which provides water to the public shall be equipped with the protection required under the provisions of this subchapter.

(Ord. O-16-821, passed 7-28-2016)

§ 50.016 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or term used in this subchapter is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the most recent edition of the Manual of Cross Connection Control published by the foundation for Cross connection Control and Hydraulic Research, University of Southern California, the following definitions shall apply to this subchapter.

   AIR GAP. A physical separation between the free flowing discharge end of a potable water supply piping and/or appurtenance and an open or non-pressure receiving vessel, plumbing fixture or other device. An “approved air-gap separation” shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device in no case less than one inch.

   APPROVED BACKFLOW PREVENTION ASSEMBLY or BACKFLOW ASSEMBLY Or ASSEMBLY. An assembly to counteract back pressure or prevent backsiphonage.

   ATMOSPHERIC VACUUM BREAKER BACKFLOW PREVENTION DEVICE or ATMOSPHERIC VACUUM BREAKER OR AVB. A device used to prevent backsiphonage in non-health hazard conditions. This device cannot be tested and cannot prevent backpressure backflow.

   AUXILIARY SUPPLY. Any water source or system other than the public water system that may be available in the building or on the property, including ground water or surface waters used for industrial, irrigation or any other purpose.

   BACKFLOW. The flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the city’s water.

   BACKPRESSURE. Any elevation of pressure in the downstream piping system (by any means) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow and the introduction of fluids, mixtures or substances from any source other than the intended source.

   BACKSIPHONAGE. The flow of water or other liquids, mixture or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by a sudden reduction of pressure in the potable water supply system.

   BORE SIGHT or BORE SIGHT TO DAYLIGHT. Providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drain pipe.

   CITY or THE CITY. The City of Ferris, Texas or its representative.

   COMMERCIAL ESTABLISHMENT. Any property or location which is used primarily for the manufacture, production, storage, wholesaling or retailing of any good or ware which is or may be placed in the flow of commerce or any property or location which is used primarily for the provision of any service.

   COMMISSION. The Texas Commission on Environmental Quality (TCEQ).

   CONTAMINATES. Any foreign material, solid or liquid, not common to the potable water supply which makes or may make the water unfit or undesirable for human or animal consumption.

   CONTAMINATION. The admission of contaminants into the potable water supply system.

   CROSS-CONNECTION. Any connection, physical or otherwise, 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 contaminated water, or other substances, to enter into any part of such potable water system under any conditions or set of conditions.

   CROSS-CONNECTION CONTROL DEVICE. Any device placed upon any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, which is designed to prevent non-potable, used, unclean, polluted and contaminated water, or other substances, from entering into any part of such potable water system under any condition or set of conditions.

   DEGREE OF HAZARD. The low or high hazard classification that shall be attached to all actual or potential cross-connections.

      (1)   HEALTH HAZARD. An actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer’s potable water system that would be a danger to health.

      (2)   HIGH HAZARD. The classification assigned to an actual or potential cross-connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply.

      (3)   LOW HAZARD. The classification assigned to an actual or potential cross-connections that potentially could allow a substance that may be objectionable but not hazardous to one’s health to backflow into the potable water supply.

      (4)   PLUMBING HAZARD. An internal or plumbing-type cross-connection in a consumer’s potable water system that may be either a pollutional or a contamination-type hazard.

      (5)   POLLUTIONAL HAZARD. An actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system but which would not constitute a health or system hazard, as defined. Maximum degree of intensity of pollution which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances.

      (6)   SYSTEM HAZARD. An actual or potential threat of severe danger to the physical properties of the public or consumer’s potable water supply or of a pollution or contamination that would have a detrimental effect on the quality of the potable water in the system.

   DIRECTOR. The Director of the Public Works Department who is vested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this chapter.

   DOUBLE CHECK DETECTOR BACKFLOW PREVENTION ASSEMBLY or DOUBLE CHECK DETECTOR or DCDA. An assembly composed of a line-size approved double check assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for very low rates of flow.

   DOUBLE CHECK VALVE BACK-FLOW PREVENTION ASSEMBLY or DOUBLE CHECK ASSEMBLY or DOUBLE CHECK or DC. An assembly which consists of two independently acting, approved check valves, including tightly closing resilient seated test cocks.

   FIRELINE TESTER. A tester who is employed by a state approved fire line contractor and is qualified to test backflow prevention assemblies on firelines only.

   GENERAL TESTER. A tester who is qualified to test backflow prevention assemblies on any domestic, commercial, industrial or irrigation service except fireline.

   MOBILE UNIT. Any operation which may have the potential to introduce contaminants into a potable water system from a mobile source. These include, but are not limited to, carpet-cleaning vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power-wash operations and pest-control vehicles.

   NON-RESIDENTIAL USE. Water used by any person other than a residential customer of the water supply and include all uses not specifically included in “residential uses”.

   PERSON. Any individual, partnership, associations, corporations, firms, clubs, trustees, receivers, and bodies politic and corporate.

   POINT-OF-USE ISOLATION. The appropriate backflow prevention within the consumer’s water system at the point at which the actual or potential cross-connection exists.

   POTABLE WATER SUPPLY. Any water supply intended or used for human consumption or other domestic use.

   PREMISES. Any piece of property to which water is provided, including all improvements, mobile structures, and structures located on it.

   PREMISES ISOLATION. The appropriate backflow prevention at the service connection between the public water system and the water user.

   PRESSURE VACUUM BREAKER BACKFLOW PREVENTION ASSEMBLY or PRESSURE VACUUM BREAKER or PVB. shall mean an assembly which provides protection against backsiphonage, but does not provide adequate protection against backpressure backflow. The assembly is a combination of a single check valve with an AVB and can be used with downstream resilient seated shutoff valves. In addition, the assembly has suction and discharge gate valves and resilient seated test cocks which allow the full testing of the assembly.

   PUBLIC WASTER SYSTEM OR SYSTEM. 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 use in the process of producing, treating, storing or conveying water for public consumption.

   REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY or REDUCED PRESSURE PRINCIPLE ASSEMBLY or RP ASSEMBLY or RP. An assembly containing two independently acting approved check valves together with a hydraulically-operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located resilient seated test cocks and a tightly closing resilient seated shutoff valve at the end of the assembly.

   REDUCED PRESSURE PRINCIPLE DETECTOR BACKFLOW PREVENTION ASSEMBLY or REDUCED PRESSURE DETECTOR or RPDA. An assembly composed of a line-sized approved reduced pressure principle assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for very low rates of flow.

   REGULATORY AUTHORITY. Any municipal officer or department of the City of Ferris, appointed by the Mayor or City Manager to administer this subchapter.

   REPRESENTATIVE OF THE WATER SYSTEM. A person designated by the City of Ferris to perform cross-connection control duties that shall include, but are not limited to, cross-connection inspections and water use surveys.

   RESIDENTIAL USE. Waste used by any residential customer of the water supply and include single family dwellings, duplexes, multiplex, housing and apartments where the individual units are each on a separate meter; or, in cases where two or more units are served by one meter, the units are full-time dwellings.

   SERVICE CONNECTION. The point of delivery which the water purveyor loses control of the water.

   SPILL-RESISTANT PRESSURE VACUUM BREAKER OR SVB. An assembly containing an independently operating, internally loaded check valve and independently operating, loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with a properly located resilient seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly.

   TCEQ. The Texas Commission on Environmental Quality.

   TESTER. A person that is a certified backflow prevention assembly technician approved by and registered with the city and the TCEQ.

   THERMAL EXPANSION. Heated water that does not have the space to expand.

   USED WATER. Water supplied by a public water system to a water user’s system after it has passed through the service connection.

(Ord. O-16-821, passed 7-28-2016)