HomeMy WebLinkAboutOrd 476-2009 Amending the Code regarding Utility Billing, etc.pdfCITY OF ANNA, TEXAS
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES REGARDING UTILITY BILLING, PAYMENTS, CHARGES,
AND RELATED PROCEDURES BY AMENDING PART 11, ARTICLE 49 AND PART IV,
ARTICLE 7; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS
ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing water, sewer and other utility billing rates,
payments, and related procedures; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to amend Part 11, Article 49 Public Works and Part IV, Schedule of Fees,
Article 7 of The Anna City Code of Ordinances ("Anna Code") with regard to billing,
payments, charges and related procedures;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
amendments are made to Part 11, Article 49 Public Works and Part IV, Schedule of
Fees, Article 7.
2.01 Part 11, Article 49 Public Works of the Anna Code is amended as follows;
J
Section 1. In General
1.01 Definition
For the purpose of this Article the word Utility shall be construed to mean and
include water, sanita sewer, garbage and refuse collection and/or any other
Utility service furnished by the City or its duly authorized contractors to
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 1 of 70 11-10-09
consumers thereof. The word Customer shall be construed to mean and include
a Person that has a Utility account with the City. The word Consumer shall be
construed to mean and include any Person that may consume or otherwise
utilize a utility service provided by the City. The word Person shall be construed
to mean and include any individual and also includes any corporation,
organization, government or -governmental subdivision or agency, business
trust, estate, trust, partnership association, or other legal entity.
(Ord. No. 476-2009, adopted 11-10-09)
1.02 Scope of Provisions
All pertinent provisions of this Article are hereby made part of the terms and
conditions whereby the City furnishes any Utility service to any Person, or
whereby the City makes any Utility connections, or performs any work of any
kind in connection with the furnishing of any Utility service pursuant to the rules
and regulations of the City Council. Persons who apply for, who have received,
or who are receiving Utility services from the City are deemed to have fully read
and understood all applicable City ordinances including but not limited to this
Article and Article 7 of Anna Code, Part IV Schedule of Fees, all as amended,
and agree to abide by all of the regulations, conditions and obligations set forth
in said Articles,
(Ord. No. 476-2009, adopted 11-10-09)
1.03 Service to Comply with Technical Provisions
Any Utility service furnished under the provisions of this Article shall be in
accordance with and in compliance with all applicable technical provisions of
this Article, other City Ordinances, adopted City Codes, other rules and
regulations, State and Federal Law.
1.04 Rules, Regulations
The Public Works Director shall have the authority to establish by rule or
regulation such standards and specifications as may be deemed necessary for
the installation, construction and maintenance of any Utility service system
owned and operated by the City within or without the City and under the
management of the City Council GOMM. Such rules, regulations, standards and
specifications shall be approved and adopted by the City Council and filed in the
office of the City Secretary. Violation of such rules, regulations, standards and
specifications shall be deemed a misdemeanor.
(Ord. No.476-2009, adopted 11-10-09)
1.06 Enforcement
Except where other arrangements are specifically provided, it shall be the duty
of the I)ifeGt9F6 Public Works Director ' or his authorized agent to enforce the
provisions of this the Article or any rule or regulation relating to Utility services.
This Article does not prevent law enforcement officers or code enforcement
officers from enforcing provisions of this Article.
(Ord. No. 476-2009, adopted 11-10-09)
Ord. 476-2009 Amending Code regarding Utility Billing.doe Page 2 of 70 11-10-09
1.06 Inspection
In order to protect the Utility service supply, the City will not make any water or
sewer taps until the premises involved has been inspected and approved by the
Public Works Director or Building Official/inspector.
1.07 Right of Entry
Any authorized inspector of the City or authorized public works employee shall
have free access at any reasonable time to all premises supplied with any Utility
service by the City for the purpose of examination in order to protect the Utility
services.
1.08 Termination of Service Authorized
(a) The City shall have the right to disconnect or refuse to connect or
reconnect any Utility service for any lawful of the fGIIGWing reasons,
including but not limited to:
(,a)(1) failure to meet the applicable provisions of law;
(11*2) violation of the rules and regulations pertaining to Utility service;
kr4(3) nonpayment of bills;
(4)(4) willful or negligent waste of service due to improper or imperfect
pipes, yard lines, clean outs, fixtures, appliances or otherwise;
(e)(5) molesting any meter, sea[ or other equipment controlling or
regulating the supplies of Utility services;
(f)(6) theft or diversion and/or use of service without payment therefore;
(g)(7) refusal to allow inspection of property provided with Utility services;
(l#8) vacancy of premises.
U Affected Customers GustameFs will be notified of pending termination of
services in accordance with the provisions of this Article as GiFGuMstanGes
emit. It is the policy of the City to provide Customers GusWmeFs with
notice and a meaningful opportunity to be heard on disputed issues
regarding nonpayment or insufficient payment before termination of
services. Any Customer Gustwne disputing the correctness of a bill for
services any -action has a right to a hearing at which time the Customer
may be represented in person ReFSOR and by legal counselorany other
Person of the Customer's GustemeFs choosing and may present orally or in
writing such Ne complaint and contentions to the Public Works Director.
The Public Works Director shall have the authority to make a final
determination of the Customer's.GustemeOs complaint.
Ord. 476-2009 Amending Code regarding Milky Billing.doe Page 3 of 70 11-10-09
(c) Emergency termination of services by the City may occur without notice or
hearing in instances where it is apparent that such termination of services
is necessary to avoid imminent harm to Persons or property. In such event,
notice and an opportunity for hearing will be provided as soon practicable
after such termination.
(Ord. No. 476-2009, adopted 11-10-09)
1.09 Liability of City for Damage
The City shall not be liable for any damage of to any Person sustemer of any
Utility service furnished by the City due to back -flow of the sewage system,
failure of supply, interruption of service or any other cause outside the direct
control of the City. This provision is not intended to and does not in any way
waive the City's governmental immunity from suit or liability.
(Ord No. 476-2009, adopted 11-10-09)
1.10 Utility Service - Application Required
Any Person desiring any Utility service to be furnished to a premises by the City
shall make submit a written application on City -supplied forms to ail a �"
the -same -to the Public Works Director or the Utility Department of the City. Such
application shall contain the applicant's name, address, and other information
as required by the City. The Person applying for Utility service must also supply
sufficient documentation to establish the true identity of the applicant. The
application must state the uses for which such Utility service is desired. Should
any Person move into any premises supplied with Utility service, without making
an application in the manner provided for by the City, such Person shall become
responsible _tq_pay for all unpaid usage fees, late fees, fines and interest related
to Utility usage at said premises. Utility seFviGe used ftem the date of the !a
payment made OR SUGh aGGGUAt I)FeViGUS tG hiS GGGGUPYiAg said p - i I
the -The failure to pay said unpaid amounts in full within 15 days of delivery of
notice of same shall be cause for disconnecting such utility service until the
amount due is paid.
(Ord. No. 476-2009, adopted 11-10-09)
1.11 Utility Service -False Statements in Application
(a) If any Person shall make false statements in the application for Utility
services, he shall be deemed guilty of a Class C misdemeanor.
(b) Any Gensume Customer who discontinues his place of business or moves
from his residence and leaves a bill for Utility services due the City and
makes application for service at some other address, either under his own
name or under a different name, without stating to the City the old address
and name under which Utility services were used at the address where
there is a bill due, shall be deemed guilty of a Class C misdemeanor.
cf. No. 476-2009, adopted 11-10-0��_
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 4 of 70 11-10-09
1.12 Utility Service -Not Available to Debtors
The City may decline or fail or cease to furnish Utility service to any Person who
may be in debt to the City for any Utility service provided by the City or
contracted by the City.
1.13 Utility Service - Permit
Approval of the application for any Utility service by the Public Works Director
shall be deemed permission for such service.
1.14 Utility Service - Use Assumed
All premises connected to any Utility service of the City shall be assumed to be
using such Utility service and the owner or occupant shall be charged so long
as such premises shall remain connected with the Utility service.
(Ord No. 112-2003, adopted 11/12/2003)
1.15 Utility SeFv'ce BiRming_Returned Checks
A return -check charge will be assessed to any Person who issues a check to
the City that is returned to the City or not honored by the financial institution on
which it is drawn for any reason. This charge may be assessed against the
Utilityaccount to which the attempted payment was made. The amount of the
return -check charge shall be as set forth in Anna Code, Part IV, Schedule of
Fees, Article 7, Section 12. A statement f9F the WateF used aA&9F 6 . e
fUFRished shall Ae mi.ailed t.;- AealAslhi A.AwfaateF aAd/GF SeAfe—F GUStOM9F of the Gity on
the fiFrA day of earh month. The rhaFges h -ibed shall be Gol!ArAed
Frienthly. AAy Wat9F r.UStGFASF and/GF 6 MAW WhO Shall fail OF FefUSe te
' the Fnenth shall be assessed aR pay his menthly bill on or befeFe the I 5�h4w_4.
additional 100 late GhaFge and may have his seFvire disGeRtiAued until the
ameuAt owed to the Gity is paid. A GUSWM8F with an unpaid bill will be not
erg -the 2e day of the FneAth of the unpaid bill and sGheduled date of teFminatien
Of SeFV;Ge. The WFitten netifleation may be pFevided thFough ReFsenal sewireAf
pFevided thFough ReFsenal sewiGe and if the GUStOFAeF 06 not at the plare e
i jeRGe GF busii:;ees that has the delinquent bill, the WFitteR RGtifiGatiOR Will be
plar.ed Gn the front d9n_r c9c _arb rda-r-gem t-n- t-he Ugmt_ d-c-in-c aas feasible. A fee ef $IG
shall be added to the GUStOMeF's ball fGF the Aetiftafien
(04 No. 2091 20L, adqpted 494Q001)
(Ord. No. 476-2009, adopted 11-10-09)
1.16 Not to Use Contrary To Permit
Any Person having a permit from the City for the use of any Utility service
offered by the City who shall use such Utility service for any purpose other than
mentioned in such permit or who shall make any unauthorized changes in such
service shall be deemed guilty of a Class C misdemeanor.
1.17 Tampering, Damage, Trespass of Equipment
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 5of7O 11-10-09
It shall be unlawful for any Person, not having authority to do so, to open any
water hydrant or tamper with any Utility services furnished by the Ci"
GORGUMeM, or to in any other way molest, damage, or trespass upon any
equipment or premises belonging to the City connected with any Utility service.
(Ord No. 476-2009, adopted 11-10-09)
1.18 Temporary Interruption of Service
The City reserves the right to cut off any Utility service without notice in case of
emergencies. When an interruption in utili"ervice is necessary for the
maintenance and improvement of the Utility system, affected Customers
r.ustemeFs will be notified as circumstances permit.
(Ord No.476-2009, adopted 11-10-09)
1.19 Restricting Use
The City hereby reserves the right to at any time restrict or prevent the use of
any Utility service furnished by the City during periods of emergency or
circumstances demanding such restriction or prevention of use.
1.20 Resale SeAe of Service by emear
It shall be unlawful for any Person to resell to others any Utility service provided
by or obtained from the City exGept only unless by special arrangement with the
City Council. (Ord No. 476-2009, adopted 11-10-09)
1.21 Connection to Service
Connections for any Utility service furnished by the City shall be made only
under the supervision of the City Council.
1.22 Separate Connections
Every building, structure, or Customer sensumef in the City shall have a
separate Utility service connection. Accessory use buildings on a residential lot
do not require a separate meter if not occupied or used for commercial
purposes. (Ord. No. 476-2009, adopted 11-10-09)
1.23 Unlawful Use
No Person, other than employees of the City, shall be authorized to connect,
turn on, turn off or disconnect any Utility service offered by the City, or remove,
replace or repair any City equipment connected to any such Utility service. No
Person shall tamper with, alter, change, bypass, divert, or connect to any water
or sewer mains or service lines owned by the City without first obtaining
permission or consent of the said City. Any Person violating provisions of this
Article shall be deemed guilty of a Class C misdemeanor.
(Ord. No. 476-2009, adopted 11-10-09)
1.24 Maintenance of System by Customer Censume
Ord. 476-2009 Amending Code regarding utility Billing.doc Page 6 of 70 11-10-09
maintain and keep in good repair all connections, yard lines, clean outs,
appliances and other apparatus installed and used in connection with such
Utility service.
(b) Failure to maintain and keep in good repair all connections, yard lines,
clean outs, appliances and other apparatus used in connection with the
Utility service is a violation of this Article and grounds for discontinuation of
all Utility services to the Customer Gensume .
(G) Any PeFsen who shall fail to maintaiR and keep iR good Fepai
GGAReGfiGAS, YaFd HA96, Glean outs, appliaRGes and etheF appaFatus used
in renneGtien with the Utility shall be deemed in vielation of a
miedemeaAGF, and eaGh surh ReFsen shall be deemed guilty of a sepaFate-
Wense fe . . . 1F POFtiOR thereof duFing whiGh aRy vielation of this
AFt*Gle ir, G9mmitted, rentinued OF PeFFAitted, and eaGh violation shall be
punished by a fiRe ROt t9 e*reed $2,000 fQF eaeh offense.
(Ord No. 476-2009, adopted 11-10-09)
1.25 Services Outside City Limits to Out Of City ConsumeFe N�g
7-kequired M
The City is not required to furnish Utility services to Persons GORSUFReFS beyond
the Cily's corporate limits, or to continue to supply such Utility services-, once
begu ., suGh sew . The City reserves the right to provide QmLty services to
such Persons GensumeF(G) it deems advisable and to, at any time, wholly or
partially, discontinue such Utility services to any PersonsGensumer-s- located
outside the corporate limits of the City.
(Ord No. 112-2003, adopted 11/12/2003) (Ord No. 476-2009, adopted 11-10-09)
1.26 Adoption of North Central Texas Standard Specifications for Public
Works Construction
(a) The Standard Specifications for Public Works Construction, Fourth Edition
as adopted and published by the North Central Texas Council of
Governments, a copy of which is on file in the office of the City Secretary,
is hereby adopted by reference and designated as the Standard
Specifications of the City of Anna, the same as though such specifications
were copied at length herein.
(b) The Standard Specifications for Public Works Construction as adopted is
amended by the City of Anna Addendum to the North Central Texas
Council of Governments Standard Specifications for Public Works
Construction. a CODV of which amendments are on file in the office of the
City Secretaa, such amendments being hereby adopted by reference and
designated as the Standard Specifications of the City of Anna, the same as
though such specifications were copied at length herein. A..--py theFeef ir,
available in its entipety at the Gffire of the Gity Ser.FetaFy at the Gity of A
dUFiRg Fegulai: business h9uFs.
Ord. 476-2009 Amending Code regarding Wilily Billing.doc Page 7 of 70 11-10-09
(c) The City of Anna Construction General Notes is hereby adopted and
incorporated herein as if set forth in full; and a copy thereof is available in
its entirety at the office of the City Secretary at the City of Anna during
regular business hours.
(Ord No. 62-2003, adopted 311112003)
1.27 Penalties for Violations
A violation by any Person pemen, f4FFR, GGIPPOFMOR OF GtheF eFeanizaben
busiRess entity this sertiaR of any provision of this Article shall be deemed guilp.,F
of -a is a Class C misdemeanor, and the offender,
conviction thereof shall be
fined any sum not exceeding the lesser amount of $2,000 or the maximum
amount allowed by applicable law , unless otheFwise speGifiGally
feFth iR this Code. Each continuing days of such violation und9F this serAien shall
constitute a separate offense. The penal provisions imposed under this Article
seGtien shall not preclude the City of Anna from filing suit to enjoin the violation.
The City of Anna retains all legal rights and remedies available to it pursuant to
local, state and federal lawandall available equitable remedies.
(Ord. No. 476-2009, adopted 11-10-09)
Section 2. Water Utilities
2.01 General Regulations
(a) The City is not required to furnish water of any special or specific analysis
or in any special or specified amount but only undertakes to furnish such
water and amount of water that may be supplied from such sources as the
City may select and in an amount within the capacity of the �gi 's cities
pumping plants and storage facilities.
(b) If an accident impedes the City's ability to supply water to its Customers
patFeRs or to the municipality for the prevention or suppression of fire, the
City will not be liable for damages by reason of any such failure to any
Customer patFan of the water system or to any Person or Persons whose
property may have been destroyed by fire or otherwise damaged.
(Ord No. 476-2009, adopted 11-10-09)
2.02 Out of City Water Service
If any Person, GGFPGFatiGR, fiffn, OF business eRtity located outside the City limits
desires City water service and pays all expenses incurred in extending the
water mains necessary to properly connect to the City's water system and
secures all necessary easements and dedicates same to the City perpetually,
so that the City incurs no expense in such connection, and the City elects to
provide suGh water service to such patr49RPerson, and provided further that all
mains, and lines, and associated appurtenances installed shad meet the
requirements and approval of the DiF8Gt9F Public Works Director based on
reguirements, or criteria set forth by Cily ordinance or other Cily regulations,
Ord. 476-2009 Amending Code regarding utility Billing.doc Page 8 of 70 1 1-10-M
then such patFen Person shall be furnished water at a the rate set forth in Anna
Code Part IV, Schedule of Fees, Article 7, Section 8(c) or (d) as applicable of
460% of the "iR Gity" . Water utility -line extensions for water service outside
of City limits shall be governed by Anna Code Part 11, Article 49, Section 5.
(Ord No. 476-2009, adopted 11-10-09)
2.03 Waste of Water
It shall be unlawful for any Person to willfully and unreasonably waste water and
in 4A cases of willful or unreasonable waste of water that creates a clear and
present threat to the City's water supply or to persons or property, the City shall
have the right to Gut off the wateF SUPPIY-, take emergency action to halt such
waste, including but not limited to stopping the flow of water and shall further
have the right to recover all damages. Such action of Gutting Gff the Wate
supp!y stopping the flow of water may be taken by the DiFeoteFef Public Works
Director at any time when such clear and present threat exists, and such threat
cannot be addressed by other less restrictive measures. -;after he shall 1eaFA Of
waste. In the event of such action by the Director of Public Works, the
affected Customer will be provided with notice and an ol2portunily to be heard
under the rules that would otherwise apply under this Article for pre -termination
hearings.
(Ord. No. 476-2009, adopted 11-10-09)
2.04 Regulations Affecting Connections to System
All connections to the City waterworks system within the corporate limits shall
be made in the following manner:
(a) it shall be the policy of the City to supply water to its Customers eueAemer-s
through mains owned or controlled by the City and which shall be located
in the streets, between the curbs GuFbs and sidewalk lines, or in alleys
adjacent to property being served, or on easements controlled or owned by
the City. The water meter will be placed at the edge of the Customer's
GustGmeF's- property nearest to the City water main or where approved by
the Public Works Director and the Customer GUMOFVle shall be responsible
for the maintenance of the service line and all other plumbing, materials
and equipment through which water flows starting at the point where the
water leavespaeA-the City meter. Any service line that crosses private
property not owned by the property owner requesting water service must
be located in an easement acquired by the property owner and said
easement must be filed at the property owner's expense in the deed
records of the county where the easement is located and Anna City Hall.
(b) the City may assess the estimated cost of breaking and replacing
pavement necessary to make such connections, in addition to the regular
service connection fee and minimum system connection fee, such
assessment to be paid with such service fee and system fee, and the
difference between assessment and actual cost of such breaking and
Ord. 476-2009 Amending Code regarding Utility Billing,doc Page 9 of 70 11-10-09
replacing shall be billed or refunded to the Customer sustemer when such
work has been completed.
(c) in addition to the above charges, the City may assess the estimated cost of
boring under or crossing over any street or highway in furnishing water
services.
(d) all lines constructed on the City side of the meter and meters installed
under the provisions of this section shall be the property of the City and the
City shall have full control and jurisdiction over such lines and meters.
(Ord No. 2003-1 1Z adopted 11/12t2003) (Ord No. 476-2009, adopted 11-10-09)
2.05 Meters Generally
Meters for the measurement of utility services shall be furnished and installed
by and shall remain the property of the City. All Customers 'nsuFn GeeFs shall be
responsible for any damages to sustained by their water meter(s) and/or
connections, any equipment used to lock the meter on or off, any water stops
and meter boxes. All Customers e*Rsuirner-s shall be required to pay to the City
the actual expense for necessary repair to same before the utility service is
reconnected. (Ord. No. 476-2009, adopted 11-10-09)
2.06 Rereading Motors
Any municipal utility meter shall be reread upon complaint of the Customer
Gensume and when the meter is found to have been correctly read originally,
the complaining Customer eensumef shall pay a fee in the amount set forth in
Anna Code, Part IV, Article 7, Section Zfee of $10. Any municipal water meter
shall be taken out and tested upon request of the Customer GeFisume and if,
upon test, the meter is not within 3% of being accurate, it shall be repaired or
replaced and the water bill adjusted appropriately up to a maximum of three
months. If upon test the meter is found to be within 3% of accuracy the
Customer Gensume shall pay a fee of $5D in the amount set forth in Anna
Code, Part IV, Article 7, Section 7.
(Ord. No. 112-2003, adopted 1111212003) (Ord. No. 476-2009, adopted 11-10-
09)
2.07 Installation, Use and Moving of Meters
(a) Meter Installation and Removal
The City will set a meter at the premises of each easterner Customer who has
made the required deposit for the registration of water used by such r.UstGFAe
Customer, one meter per household. The City will supply water only through its
own meter and must be notified when the GUSt$rner Customer desires to have
water service or to have a meter relocated or removed.
(Ord. No. 98-14, adopted 1012711998) (Ord No. 476-2009, adopted 11-10-09)
2.08 Reserved Wat9F MeteF Deposit
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 10 of 70 11-10-09
app'iGat*GR tG pay fGFwateF Fn9teF$ WheFe AG FRet-8—F is "nstalled-.
31401 FReteF V50.00
1" Fneter $200.00
2" FneteF as as
T-empGFaFy fiFe plug Fnete
I.Alot-h —h.Rn—k flGw pFeventien as as
(Ord No. 476-2009, adopted 11-10-09)
2.09 Bypassing Meters
No Person shall interfere with or bypass the Cit)(s meter in such a manner as to
obtain water without the full amount thereof being registered on such meter.
Service shall be permanently disconnected from any account where a bypass or
other such device is discovered. Such account shall be reconnected only at the
discretion of the City and only after payment for water used, as estimated by the
City, at twice the rate otherwise applicable plus the cost of rerouting and
repairing the service to register water used properly on the meter.
2.10 Access to Meter
If easy access to a meter is obstructed by a GUstemer Customer or if entrance to
the premises is made dangerous for whatever reason, thereby preventing a
meter reader from obtaining a meter reading, the charges may be estimated for
the amount not to exceed double the normal charge. If the patFOR Customer
does not remedy the condition or should the Customer refuse to pay the
estimated bill, the City shall have the right to discontinue water service without
further notice and service shall not be resumed until the obstructive and/or
dangerous conditions have been remedied and all charges for water service
paid. Water meters located on private property may be moved to public right of
way and the Customer Gwne shall install the service line to connect to the new
meter at the patr-en's Customer's -expense.
(Ord No. 476-2009, adopted 11-10-09)
2.11 Secondary Taps and Dual Connections Prohibited
No sustemer Customer of the water system shall permit any Person to tap any
water pipe leading into his premises without the consent of the City Council.
Dual connections to (more than one user on a single meter) shall be prohibited.
Owners or occupants of premises having service pipes and connections will be
held strictly responsible for all uses of water from such service by other parties.
(Ord No. 112-2003, adopted 1111212003) (Ord. No. 476-2009, adopted 11-10-09)
2.12 Fire hydrant use restricted
Every hydrant placed for the purpose of extinguishing fires is hereby declared to
be a public hydrant and no Person, other than members of the fire department,
the State Department of Health, and those authorized by the DiFecter-e# Public
Works Director shall Open any such hydrant or draw or attempt to draw water
from same or in any manner interfere with said hydrants unless they have a
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 11 of 70 11-10-09
valid permit from the Public Works Director, make the appropriate deposit to the
City, and a water meter is used to determine the amount of water used.
(Ord No. 112-2003, adopted 1111212003) (Ord No. 476-2009, adopted 11-10-09)
0 - • - = "r. rT
It is unlawful to turn on or otherwise tamper with any City fire hydrant except for
the purpose of extinguishing a fire.
(Ord. No. 98-14, adopted 1012711998) (Ord. No. 476-2009, adopted 11-10-09)
2.14 Fire Hydrant Meter Deposit
A susterner Customer desiring to use a fire hydrant meter shall pay a deposit of
$1,500 to the City of Anna at the time of application for connection as security
for payment of bills for water service and/or damage to and/or loss of City
facilities. The deposit shall be retained by the City until the Gusteme Customer
is disconnected from the City's facilities and has returned the fire hydrant meter
undamaged. The amount of the deposit shall be as shown in Anna Code, Part
IV, Schedule of Fees, Article 7, Section 4.
(Ord. No. 52-2003, adopted 112812003) (Ord. No.476-2009, adopted 11-10-09)
2.15 Unlawful Connections
(a) If water from the City water supply system or water from a certificated
water supply corporation is available within 200 feet of the property line on
which a privately owned water Well within the City limits of Anna is located,
such privately owned water well may be used for irrigation or farming
purposes only.
(b) No water connection from the City water supply system shall be made to
any other water system over which the City of Anna has no control. The
City shall have the right to inspect individual water facilities prior to
providing service and periodically thereafter to prevent possible cross -
connections between the water system of the City of Anna and any other
water system. Upon discovery by the City of a cross -connection, the City
shall give notice to the owner or agent maintaining such condition, and
such owner or agent shall immediately make such corrections as are
necessary to eliminate the condition complained of. The City reserves the
right to suspend utility service if the owner or agent fails to make such
corrections.
(G) Any PeFsen who shall make any GGAReGti
anAeF
#9FR the Gipjf
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Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 12 of 70 11-10-09
2.16 Prohibiting Potential Pollution of Public Water Supply Wells
(a) Within 50 feet of a public water supply well owned by the City, there shall
not be placed, installed or established by any Person OF GGFPGra
(1) a tile or concrete sanitary sewer;
(2) sewerage appurtenances;
(3) septic tank;
(4) Storm Sewer;
(5) cemetery;
(6) livestock in pastures; or,
(7) sanitary or Storm Sewers not constructed of ductile iron or PVC
pipe meeting AWWA standards, not having a minimum working pressure
of 150 psi or greater, and not equipped with pressure type joints.
(b) Within 150 feet of a public water supply well owned by the City, there shall
not be placed, installed, or established by any Person 9F GGFPGFa
(1) a septic tank perforated drainfield;
(2) areas irrigated by low dosage sewage disposal systems;
(3) low angle spray on -site sewage facilities;
(4) absorption bed;
(5) evapotranspiration bed;
(6) improperly constructed water well;
(7) underground petroleum storage tank;
(8) underground chemical storage tank; or,
(9) petroleum or chemical liquid transmission pipeline.
(c) Within 300 feet of a public water supply well owned by the City, there shall
not be placed, installed, or established by any Person OF eerpora
(1) a sewage wet well;
(2) a sewage pumping station; or,
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 13 of 70 11-10-09
(3) a drainage ditch that contains Industrial Waste discharges or the
Wastes from sewage treatment systems.
(d) Within 500 feet of a public water supply well owned by the City, there shall
not be placed, installed, or established by any Person OF
(1) a sewage treatment plant;
(2) animal feed lot;
(3) solid waste disposal site;
(4) lands on which sewage plant of septic tank sludge is applied; or,
(5) lands irrigated by sewage treatment plant effluent.
(Ord. No.229-2005, adopted 10/1 V2005)
2.17 Well Drilling
(a) Permit Required
No Person shall drill a well for water within the City limits without having first
obtained a permit from the City Secretary as approved by the City Council.
(b) An application for permit shall be filed with the City Secretary and shall
contain the following Information:
(1) name of owner of the premises;
(2) type of pump to be used;
(3) what buildings, if any, are to be constructed;
(4) cost of the proposed improvements; and
(5) a scaled plat of the premises, which shall show:
i. the exact location of the proposed well;
ii. the courses of all water lines to be operated for such supply;
and
iii. the location of all lines carrying water from the municipal
water system.
(c) A permit fee of $200 shall accompany each application and surety bond
issued by a corporate surety indemnifying the City from any and all liability
resulting from the construction and use of said water well as filed and
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 14 of 70 11-10-09
shown in Anna Code, Part IV, Schedule of Fees, Article 7, Section 13.
(d) Issuance of Permit to be Determined by Building Inspector. If the building
inspector determines that the application and the proposed well complies
with this Code and all applicable City regulations, he shall recommend tx"-,--
issuance • a permit.
(Ord. No. 476-2009, adopted 11-10-09)
2.18 Private Lines
(a) Private lines are not to be connected to public lines. Water lines connected
to a private source of supply shall not be installed to connect with water
lines supplying water from municipal water systems.
(b) All private lines to shall be inspected before covered. Water lines
connected to a private source of supply shall not be covered or concealed
until the same shall have been inspected and accepted by the City
Inspector.
(Ord. No. 1998-14, adopted 1012711998)
Violation of this seGtien is punishable by a fine not to exGeed $2,090 OF the
amount allowed by law if that amount is less than $2,000, unless-
etheFwise SpeGifiGally set feith iR this Gede. EaGh day aRy surh vielation shall
Gentonue shall Genstitute a separate offense punishable heFeundeF.
Section 3. Sewer Utilities
The sanitary sewer system of the City consists of main and lateral conduits of
salt glazed vitrified earthenware, polyvinylchloride (PVC) plastic, concrete, or
other similar pipe, with necessary accessories, and is designed to transport
liquid waste materials. The sewers in the alleys or streets adjacent to the
various lots are called main or lateral sewers. The sewers leading from the main
or lateral sewers to the property on each side are called house sewers (service
lines).
(a) It shall be unlawful for the owner or occupant of any building or premises
within the City to inhabit, use, or permit anyone else to inhabit or use, said
building or premises unless said building or premises is connected with the
sanitary sewer system of the City or a septic tank system built according to
the specifications of the Texas Commission on Environmental Quality and
the City.
(b) It shall be unlawful for any Person to install or use a septic tank for private
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 15 of 70 11-10-09
served is more than 150 feet from a Public Sewer main line, that is
reasonably accessible, and approval to use a septic tank is specifically
granted by the City Council.
(c) The owner of any property containing a structure used for human
occupancy, employment, recreation, or other purpose in which human
waste is generated shall be required to connect to the City sanitary sewer
system if a Public Sewer is available and FeaseAable reasonably
accessible within 150 feet of such structure.
3.03 Service Connections
(a) After paying all required fees, the property owner shall install a sanitary
sewer service line at his expense to the City's lateral, in accordance with
regulations and subject to the inspection of the City; he shall thereafter
maintain the service line to and including the tap or the 'y"J. Any new or
rebuilt service line that crosses private property not owned by the property
owner requesting sewer service, must be located in an easement acquired
by the property owner and said easement must be filed at the property
owners expense in the deed records of the county were the easement is
located and at Anna City Hall. The sanitary sewer service line from the
building to the lateral or main must pass a standing water test for approval
and must remain sealed at all time. All clean outs must be sealed except
when being use to clean out a sewer line.
(b) The City may assess the estimated cost of breaking and replacing
pavement necessary to make such connections or repairs, in addition to
the minimum system connection fee, such assessment to be paid with
such system fee, and the difference between assessment and actual cost
of such breaking and replacing shall be billed or refunded to the GUstGFFle
Customer when such work has been completed.
(c) In addition to the above charges, the City may assess the estimated cost
of boring under or crossing over any street or highway in furnishing sewer
services. (Ord. No. 476-2009, adopted 11-10-09)
3.04 Septic Tank Requirements
Any septic tank shall be installed in compliance with the provisions of the most
recent edition of the "Construction Standards for On -Site Sewage Facilities" as
published by the Texas Commission on Environmental Quality. All Septic
systems in the City of Anna will be Anaerobic unless specifically approved by
the Public Works Director
3.05 Stoppage or Obstruction of Sewer System
(a) It shall be unlawful for any Person to deposit into the building drainage
system or sewer any ashes, cinders, rags, poisonous or explosive liquids,
Ord. 476-2009 Amending Code regarding Utility Billing.doe Page 16 of 70 11-10-09
damage, or Overload such system or sewer.
(b) It shall be unlawful for the owner or occupant of any building or premises to
use, or permit anyone else to use, said building or premises unless said
building or premises shall be connected to a water supply sufficient to
insure that sewer pipes will be kept free from accumulation of select
materials and obstructions.
3.06 Infiltration of Rain or Ground Water
L-
,-�—It shall be • for any Person to allow rain or ground water to enter M
house sewers by any means, including but not limited to, any yard line, clean
outs and Gu#e ggfter drains. If after notice by the Public Works Director, or h
agent, such condition is not remedied within 10 days, water service to the
Gusteme Customer may be disconnected. I
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It shall be unlawful for any Person to dig or install any cesspool within the City
or repair any existing cesspool.
NOTE. See also Industrial Wastes, Section 4, below
3.076 Out -of -City Sewer Service
If any Person located outside the City limits desires City sewer service and pays
all expenses incurred in extending the sewer mains necessary to connect to the
Cily's sewer system and secures all necessary easements and dedicates same
to the City perpetually, so that the City incurs no expense in such connection,
and the City elects to provide sewer service to such Person, and provided
further that all mains, lines, and associated appurtenances installed meet the
requirements and approval of the Public Works Director based on requirements
or criteria set forth by City ordinance or other City regulations, then such
Customer shall be furnished sewer services at the rate set forth in Anna Code
Part IV, Schedule of Fees, Article 7, Section 8(q) or (h) as applicable. Sewer
utility -line extensions for sewer service outside of City limits shall be governed
by Anna Code Part 11, Article 49, Section 5.
(Ord. No. 476-2009, adopted 11-10-09)
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 17 of 70 11-10-09
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Section 4. Discharges • Wastes into Sanitary Sewers
4.01 Definitions
The following words and phrases, when used in this section, shall have the
meaning ascribed to them by this section. All terminology used in this section and
not specifically defined herein, shall retain its meaning in conformance with
applicable publications of the American National Standards Institute (ANSI) or its
successor body or if not defined therein the latest volume of Merriam-Webster's
Collegiate Dictionary.
Approving Authority means the Public Works Director MaY9F or his duly
authorized representative.
B.O.D. (Biochemical Oxygen Demand) means the quantity of biochemical
oxidation of organic mailer matter under standard laboratory conditions for five
days at a temperature of 20 degrees centigrade.
Building Sewer means the extension from the building drain to the Public Sewer
Gn or other place of disposal (also called the house lateral and house
connection).
City means the City of Anna, Texas, or any authorized Person acting in its behalf.
C.O.D. (Chemical Oxygen Demand) means measure of the oxygen consuming
capacity of inorganic and organic matter present in the water or Wastewater
expressed in mg/I as the amount of oxygen consumed from a chemical oxidant in
a specific test, but not differentiating between stable and unstable organic matter
and thus not necessarily correlating with bieeheFniGal e)"en demand B.O.D.
Control Manhole means a manhole giving access to a Building Sewer at some
point before the Building Sewer discharge mixes with other discharges in the
Public Sewer.
Control Point means point of access to a course of discharge before the
discharge mixes with other discharges in the Public Sewer.
Garbage means animal and vegetable Wastes and residue from preparation,
cooking and dispensing of food; and from the handling, processing, storage and
sale of food products and produce.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 18 of 70 11-10-09
Industrial Waste means Waste resulting from any process of industry,
manufacturing, trade, or business from the development of any natural resource,
or any mixture of the Waste with water or normal Wastewater, or distinct from
normal Wastewater.
Industrial Waste Charge means the charge made on those Persons who
discharge Industrial Wastes into the City's sewerage system.
Milligrams Per Liter (mgl) means the same as parts per million and is a weight -to -
volume ratio; the milligram -per -liter value multiplied by the factor 8.34 shall be
equivalent to pounds per million gallons of water.
Natural Outlet means any outlet into a watercourse, ditch, lake, or other body of
surface water or groundwater.
Normal Domestic Water means Wastewater excluding Industrial Wastewater
discharged by a Person into sanitary sewers and in which the average
concentration of total Suspended Solids is not more than 250 mgI and B.O.D. is
not more than 250 mgI.
Overload means the imposition of organic or hydraulic loading on a treatment
facility in excess of its engineered design capacity.
IMTIM F-M."M
pH means the logarithm (Base 10) of the reciprocal of the hydrogen ion
concentration.
Public Sewer means pipe or conduit carrying Wastewater or unpolluted drainage
in which owners of abutting properties shall have the use, subject to control by
the City of Anna , Texas.
Public Works Director means the City's Public Works Director or a person having
authority to act in the capacity of the Public Works Director in the absence of the
Public Works Director.
Sanitary Sewer means a Public Sewer that conveys domestic Wastewater or
Industrial Wastes or a combination of both, and into which storm water, surface
water, groundwater, and other unpolluted Wastes are not intentionally adopted.
Slug means any discharge of water, Wastewater or Industrial Waste which in
concentration of any given constituent or in quantity of flow, exceeds for any
period of duration longer than 15 minutes more than five times the average 24-
hour concentration or flows during normal operation.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 19 of 70 11-10-09
Standard Methods means the examination and analytical procedures set forth in
the latest edition, at the time of analysis, or "Standard Methods for the
Examination of Water and Wastewater" as prepared, approved, and published
jointly by the American Water Works Association, and the Water Pollution Control
Federation.
Storm Sewer means a Public Sewer which carries storm and surface waters and
drainage and into which domestic Wastewater or Industrial Wastes are not
intentionally adopted.
Storm Water means rainfall or any other forms of precipitation.
Suspended Solids (SS) means solids measured in mg/I that either float on the
surface of, or are in suspension in, water, Wastewater, or other liquids, and which
are largely, removable by a laboratory filtration device.
To Discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep,
or otherwise release or dispose of, or to allow, permit, or suffer any of these acts
or omissions.
Trap means a device designated to skim, settle, or otherwise remove grease, oil,
sand, flammable Wastes or other harmful substances.
Unpolluted Wastewater means water containing:
(a) no free or emulsified grease or oil;
(b) no acids or alkalis;
(c) no phenols or other substances producing taste or odor in receiving water;
(d) no toxic or poisonous substances in suspension, colloidal state, or
solution;
(e) no noxious or otherwise obnoxious or odorous gases;
(f) not more than an insignificant amount in mg/1 each of Suspended Solids
and B.O.D..as determined by the Texas Water Commission or its
predece;sor agency(ies).
(g) color not exceeding 50 units as measured by the Platinum -Cobalt method
of determination as specified in Standard Methods.
Waste means dected, uiutilized or sui2eifluous substa=ai����K]
Ord. 476-2009 Amending Code regarding Utility Billing,doc Page 20 of 70 11-10-09
solid form resulting from domestic, agricultural, or industrial activities.
Wastewater means a combination of the water -carried Waste from residences,
business buildings, institutions, and industrial establishments, together with any
ground, surface, and Storm Water that may be present.
Wastewater Facilities includes all facilities for collection, pumping, treating, and
disposing of Wastewater and Industrial Wastes.
Wastewater Treatment Plant means any City -owned facilities for collection,
pumping, treating, and disposing of Wastewater and Industrial Wastes.
Wastewater Service Charge means the charge on all users of the Public Sewer
system whose Wastes do not exceed in strength the concentration values
established as representative of normal Wastewater; and
Watercourse means a natural or man-made channel in which a flow of water
occurs, either continuously or intermittently.
(Ord. No. 476-2009, adopted 11-10-09)
(a) No Person may discharge to Public Sewers any Waste which by itself or
by interaction with other Wastes may:
(1) injure or interfere with Wastewater treatment processes or facilities;
(2) constitute a hazard to humans or animals; or
(3) create a hazard in receiving waters of the Wastewater Treatment
Plant effluent.
(b) All discharges shall conform to requirements of this section.
4.03 Chemical Discharges
(a) No discharge to Public Sewers may contain:
(1) cyanide greater than 1.0 mg/I;
(2) fluoride other than that contained in the public water supply;
(3) chlorides in concentrations greater than 250 mg/I;
(4) gasoline benzene, naphtha naptha, fuel oil, or other flammable or
explosive liquid, solid or gas; or
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 21 of 70 11-10-09
(b) No Waste or Wastewater discharged to public waters may contain:
(1) strong acid, iron pickling Wastes, or concentrated plating solutions
whether neutralized or not;
(2) fats, wax, grease, or oils, whether emulsified or not, in excess of
one hundred (100) mg/1 or containing substances which may solidify or
become viscous at temperature between 32 and 150 degrees Fahrenheit
(0 and 65 degrees Centigrade).
(3) objectionable or toxic substances, exerting an excessive chlorine
requirement, to such degree that any such material received in the
composite Wastewater treatment works exceeds the limits established by
the Approving Authority for such materials; or
(4) obnoxious, toxic or poisonous solids, liquids, or gases in quantities
sufficient to violate the provisions of subsection 4.03(a).
(c) No Waste, Wastewater, or other substance may be discharged into Public
Sewers which has a pH lower than 5.5 or higher than 9.5, or any other
corrosive property capable of causing damage or hazard to structures,
equipment, and/or Personnel at the Wastewater Facilities.
(d) All Waste, Wastewater, or other substance containing phenols, hydrogen
sulfide, or other taste -and -odor producing substances shall conform to
concentration limits established by the Approving Authority. After treatment
of the composite Wastewater, concentration limits may not exceed the
requirements established by state, federal, or other agencies with
jurisdiction over discharges to receiving waters.
(Ord No. 476-2009, adopted 11-10-09)
4.04 Hazardous Metals and Toxic Materials
(a) No discharges may contain concentrations of hazardous metals other than
amounts specified in subsection 4.04(b) below of this section.
(b) The allowable concentrations of hazardous metals, in terms of Milligrams
Per Liter (mg/1), for discharge to inland waters, and determined on the
basis of individual sampling in accordance with Standard Methods are:
NOT TO EXCEED
METAL
AVERAGE
DAILY
COMPOSITE
GRAB SAMPLE
Arsenic
0.1
0.2
0.3
1 Barium
1 1.0
12.0
14.0
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 22 of 70 11-10-09
Cadmium
0.05
0.1
0.2
Chromium
0.5
1.0
5.0
Copper
0.5
1.0
2.0
Lead
0.5
1.0
1.5
Manganese
1.0
2.0
3.0
Mercury
0.005
0.005
0.01
Nickel
1.0
2.0
3.0
Selenium
0.05
0.1
0.2
Silver
0.05
0.1
0.2
Zinc
1.0
2.0
6.0
(NOTE: These concentration parameters and rules governing same are
promulgated under authority of Sections 5.131 and 5.132, Texas Water Code -
HAZARDOUS METALS and in accordance with Texas Water Commission Rule
329.41-49, or as these Provisions may be amended from time to time).
(c) No other hazardous metals or toxic materials may be discharged into
Public Sewers without a permit from the Approving Authority specifying
conditions of pretreatment, concentrations, volumes, and other applicable
provisions.
(d) Prohibited hazardous materials include but are not limited to:
(1) Antimony,
(2) Beryllium,
(3) Bismuth,
(4) Cobalt-.,
(5) Molybdenum,
(6) Uranyl ion,
(7) Rhenium,
(8) Strontium,
(9) Tellurium Tellerium,
(10) Herbicides,
(11) Fungicides, and
(12) Pesticides.
(Ord No. 476-2009, adopted 11-10-09)
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 23 of 70 11-10-09
4.05 Particulate Size
(a) No Person may discharge Garbage or other solids into Public Sewers
unless it is shredded to a degree that all particles can be carried freely
under the flow conditions normally prevailing in Public Sewers. Particles
greater than Y2inch in any dimensions are prohibited.
(b) The Approving Authority is entitled to review and approve the installation
and operation of any Garbage grinder equipped with a motor of three -
fourths horsepower (0.76 hp metric) or greater.
4.06 Storm Water and Other Unpolluted Drainage
(a) No Person may discharge to public Sanitary Sewers:
(1) unpolluted Storm Water, surface water, groundwater, roof runoff or
subsurface drainage;
(2) unpolluted cooling water;
(3) unpolluted industrial process waters;
(4) other unpolluted drainage;
(b) No Person may make any new connections from inflow sources.
(c) In compliance with the Texas Water Quality Act and other statues, the
Approving Authority may designate Storm Sewers and other Watercourses
into which unpolluted drainage described in subsection 4.06(a) of this
section may be discharged.
No Person may discharge liquid or vapor having a temperature higher than 150
degrees Fahrenheit (65 degrees Centigrade), or any substance which causes
the temperature of the total Wastewater Treatment Plant influent to increase at
a rate of 10 degrees Fahrenheit or more per hour, or a combined total increase
of plant influent to 110 degrees Fahrenheit.
4.08 Radioactive Wastes
- 0 - -0 0. - - - * 0 •0- 0 0 0
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(b) The Approving Authority may establish, in compliance with applicable
State and federal regulations, regulations for discharge of radioactive
Wastes into Public Sewers.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 24 of 70 11-10-09
4.09 Impairment of Facilities
(a) No Person may discharge into Public Sewers any substance capable of
causing:
(1) obstruction to the flow in sewers;
(2) interference with the operation of treatment processes of facilities;
or
(3) excessive loading of treatment facilities.
(b) Discharges prohibited by subsection 4.09(a) include, but are not limited to,
materials which exert or cause concentrations of:
(1) inert Suspended Solids greater than 500 mg/l including but not
limited to:
L Fuller's earth;
ii. lime slurries; and
iii. lime residues; or
(2) dissolved solids greater than 2000 mg/1 including but not limited to:
L sodium chloride; and
ii. sodium sulfate; or
(3) excessive discoloration including but not limited to:
L dye Wastes; and
ii. vegetable tanning solutions; or
(4) EO.D., C.O.D., or chlorine demand in excess of normal plant
capacity.
(c) No Person may discharge into Public Sewers any substance that may:
(1) deposit grease or oil in the sewer lines in such a manner as to clog
the sewers;
(2) Overload skimming and grease handling equipment;
(3) pass to the receiving waters without being effectively treated by
normal Wastewater treatment processes due to the nonamenability of the
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 25 of 70 11-10-09
substance to bacterial action; or
(4) deleteriously affect the treatment process due to excessive
quantities.
(d) No Person may discharge any substance into Public Sewers which:
(1) is not amenable to treatment or reduction by the processes and
facilities employed; or
(2) is amenable to treatment only to such a degree that the treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
(e) The Approving Authority shall regulate the flow and concentration of Slugs
when they may:
(1) impair the treatment process;
(2) cause damage to collection facilities;
(3) incur treatment costs exceeding those for normal Wastewater; or
(4) render the effluent unfit for stream disposal or industrial use.
(f) No Person may discharge into Public Sewers solid or viscous substances
which may violate subsection 4.09(a) of this section if present in sufficient
quantity or size including but not limited to:
(1) ashes;
(2) cinders;
(3) sand;
(4) mud;
(5) straw;
(6) shavings;
(7) metal;
(8) glass;
(9) rags;
(10) feathers;
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 26 of 70 11-10-09
(11) tar;
(12) plastics;
(13) wood;
(14) unground Garbage;
(15) whole blood;
(16) paunch manure;
(17) hair and fleshings;
(18) entrails;
(19) paper products, either whole or ground by Garbage grinders;
(20) slops;
(21) chemical residues;
(22) paint residues; or
(23) bulk solids.
4.10 Compliance with Existing Authority
(a) Unless exception is granted by the Approving Authority, the public Sanitary
Sewer system shall be used by all Persons discharging:
(1) Wastewater;
(2) Industrial Wastes;
(3) polluted liquids;
(b) Unless authorized by the Texas Water Commission or its predecessor
aQency(ies), no Perm person may deposit or discharge any Waste
included in subsection 4.10(a) of this section on public or private property
or into or adjacent to any:
(1) Natural Outlet;
(2) Watercourse;
(3) Storm Sewer;
(4) other area within the jurisdiction of the City.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 27 of 70 11-10-09
(c) The Approving Authority shall verify prior To Discharge that Wastes
authorized to be discharged will receive suitable treatment according to
permits, rules, and regulations of federal, state and local governments.
RMM'- MIN - 11
(1) deleteriously affect Wastewater Facilities, processes, equipment, or
receiving waters;
(2) create a hazard to life or health; or
(3) create a public nuisance;
L pretreatment to an acceptable condition for discharge to the
Public Sewers;
ii. control over the quantities and rates of discharge; and
iii. payment to cover the cost of handling and treating the
Wastes.
(b) The Approving Authority is entitled to determine whether a discharge or
proposed discharge is included under subsection 4.11 (a) of this section.
(c) The Approving Authority shall reject Wastes when it determines that a
discharge or proposed discharge does not meet the requirements of
subsection 4.11 (a) of this section.
4.12 Approving Authority Review and Approval
(a) If pretreatment or control is required, the Approving Authority shall review
and approve design and installation of equipment and processes.
(b) The design and installation of equipment and processes must conform to
all applicable statutes, codes, ordinances and other laws.
(c) Any Person responsible for discharges requiring pretreatment, flow
equalizing, or other facilities shall provide and maintain the facilities in
effective operating condition at his own expense.
4.13 Requirements for Traps
(a) Discharges requiring a Trap include:
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 28 of 70 11-10-09
(1) grease or Waste containing grease in amounts that will impede or
stop the flow in the Public Sewers;
(2) oil;
(3) sand;
(4) flammable Wastes; and
(5) other harmful ingredients.
(b) Any Person responsible for discharges requiring a Trap shall at his own
expense and as required by the Approving Authority:
(1) provide equipment and facilities of a type and capacity approved by
the Approving Authority;
(2) locate the Trap in a manner that provides ready and easy
accessibility for cleaning and inspection; and
(3) maintain the Trap in effective operating condition.
4.14 Requirements for Sewers
(a) Any Person responsible for discharges through a Building Sewer carrying
Industrial Wastes shall, at his own expense and as required by the
Approving Authority:
(1) install an accessible Control Manhole;
(2) install meters and other appurtenances to facilitate observation
sampling and measurement of the Waste; and
(3) install safety equipment and facilities (ventilation, steps, _etc.7—..
where needed;
(4) maintain the equipment and facilities.
(b) Any Person responsible for discharges through a Building Sewer shall at
his own expense and as required by the Approving Authority design and
install the Building Sewer and the connection to the Public Sewer.
(c) All sewers shall be designed and installed in accordance with state and
local criteria and requirements.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 29 of 70 11-10-09
reflecting the effect of constituents upon the sewage works and
determining the existence of hazards to health, life, limb, and property.
(NOTE. The particular analysis involved will determine whether a 24-hour
composite sample from all outtalls of a premise is appropriate or whether a
grab sample or samples should be taken. Normally, but not always, E. 0. D.
and Suspended Solids analyses are obtained from 24-hour composites of
a// outfalls. Where applicable, 16 hour, 8 hour or some other period may be
required. Periodic grab samples are used to determine pH and oil and
grease.)
(b) Examination and analyses of the characteristics of waters and Wastes
required by this section shall be:
(1) conducted in accordance with the latest edition of Standard
Methods; and
(2) determined from suitable samples taken at the Control Manhole
provided or other Control Point authorized by the Approving Authority.
(c) B.O.D. and Suspended Solids shall be determined from composite
sampling, except to detect unauthorized discharges.
(d) The Approving Authority shall determine which users or classes of users
may contribute Wastewater which is of greater strength than normal
domestic Wastewater. All users or classes of users so identified shall be
sampled for flow B.O.D, TSS and pH at least annually.
(e) City may select an independent firm or laboratory to determine flow,
BO.D., and Suspended Solids, if necessary. Flow may alternately be
determined by water meter measurements if no other flow device is
available and no other source of raw water is used.
4.16 User Charge System
(a) Persons making discharges of Industrial Waste into the City of Anna
system shall pay a charge to cover all costs of collection and treatment.
(b) When discharges of any Waste into the City of Anna system are approved
by the Approving Authority, the City or its authorized representative shall
enter into an agreement or arrangement providing:
(1) terms of acceptance by the City;
(2) payment by the Person making the discharge, in accordance with
the User Charge System as established in this section;
(3) new sewer construction and sewer connection procedures and
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 30 of 70 11-10-09
as promulgated by the International Association of Plumbing and
Mechanical Officials;
R71111 i i
FINIM .11
(5) construction of sewer connections shall be approved by City
inspectors prior to sewer use.
(c) Each user of the Wastewater treatment system will be notified, at least
annually, in conjunction with a regular sewer bAbill, of the rate.
(d) The City will apply excess revenues to the cost of operation and
maintenance for the next year and adjust the rates accordingly.
4.17 Savings Clause
(a) A Person discharging Wastes into Public Sewers prior to the effective date
of this section may continue without penalty so long as he:
(1) does not increase the quantity or decrease the quality of discharge
without permission of the Approving Authority;
(2) has discharged the Waste at least one month prior to the effective
date of this section; and
(3) applies for and is granted a permit no later than 12 months after the
effective date of this section.
4.18 Conditions or Permits
(1) submit an application within 12 months after the effective date of
this section on forms supplied by the Approving Authority;
(2) secure approval by the Approving Authority of plans and
specifications for the facilities when required; and
(3) has complied with all requirements for agreements or arrangements
including but not limited to, provisions for:
payment of charges;
ii. installation and operation of the facilities and of pretreatment
facilities, if required, and
iii. sampling and analysis to determine quantity and strength
when directed by the City; and
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 31 of 70 11-10-09
(4) provides a sampling point, when requested by the City, subject to
the provisions of this section and approval of the Approving Authority.
(b) A Person applying for a new discharge shall:
(1) meet all conditions of subsection 4.18(a) of this section; and
(2) secure a permit prior to discharging any Waste.
4.19 Power to Enter Property
(a) The Public Works Director Sepdent-and other duly authorized
employees of the City bearing proper credentials and identification are
entitled to enter any public or private property at any reasonable time for
the purpose of enforcing this section.
(b) Anyone acting under this authority shall observe the establishment's rules
and regulations concerning safety, internal security, and fire protection.
(c) Except when caused by negligence or failure of Person(s) to maintain safe
conditions, the City shall indemnify the Person(s) against loss or damage
to their property by City employees and against liability claims and
demands for Personal injury or property damage asserted against the
Person(s) and growing out of the sampling operation.
(d) The Public Works Director SupeFiFitendeRt. and other duly authorized
employees of the City bearing proper credentials and identification are
entitled to enter all private properties through which the City holds a
negotiated easement for the purposes of:
(1) inspection, observation, measurement, sampling or repair;
(2) maintenance of any portion of the sewerage system lying within the
easements; and
(3) conducting any other authorized activity. All activities shall be
conducted in full accordance with the terms of the negotiated easement
pertaining to the private property involved.
(e) No Person acting under authority of this provision may inquire into any
processes including metallurgical, chemical, oil refining, ceramic, paper or
other industries beyond that point having a direct bearing on the kind and
source of discharge to the Public Sewers.
4.20 Authority to Disconnect Services
(a) The City may terminate water and Wastewater disposal service and
disconnect a sustemeF Customer from the system when:
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 32 of 70 11-10-09
(1) acids or chemicals which may damage the sewer lines or treatment
process are released to the sewer potentially causing accelerated
deterioration of these structures or interfering with proper conveyance
and treatment of Wastewater;
(2) a governmental agency informs the City that the effluent from the
Wastewater Treatment Plant is no longer of a quality permitted for
discharge to a Watercourse, and it is found that the Customer is
delivering Wastewater to the City's system that cannot be sufficiently
treated or requires treatment that is not provided by the City as normal
domestic treatment; or
(3) the Customer:
L discharges Waste or Wastewater that is in violation of the
permit issued by the Approving Authority;
discharges Wastewater at an uncontrolled, variable rate in
sufficient quantity to cause an imbalance in the Wastewater
treatment system;
iii. fails to pay monthly bills for water and Sanitary Sewer
services when due; or
iv. repeats a discharge of prohibited Wastes to Public Sewers in
violation of sections 4.02 through 4.09 as stated above.
(b) If service is discontinued pursuant to subsection 4.20(a)(2) of this section,
the City shall:
(1) disconnect the Customer;
(2) supply the Customer with the governmental agency's report and
provide the Customer with all pertinent information; and
(3) continue disconnection until such time as the Customer provides
pretreatment/additional pretreatment or other facilities designed to
remove the objectionable characteristics from his Wastes.
4.21 Notice
The City shall serve Persons discharging in violation of this section with written
notice stating the nature of the violation and providing a reasonable time limit for
satisfactory compliance.
4.22 Continuing Prohibited Discharges
No Person may continue discharging in violation of this section beyond the time
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 33 of 70 11-10-09
limit provided in the notice.
4.23 Reserved Penal
4.24 Failure to Pay
In addition to sanctions provided for by this section, the City is entitled to
exercise sanctions provided for by the other ordinances of the City or sections in
this Code for failure to pay the bill for water and Sanitary Sewer service when
due.
Cross reference: Appendix 1, Section 12
4.25 Penalty for Criminal Mischief
The City may pursue all criminal and civil remedies to which it is entitled under
authority of statutes and ordinances against a Person negligently, willfully or
maliciously causing loss by tampering with or destroying Public Sewers or
treatment facilities.
(Ord. No. 1997-13, adopted 1011411997)
4.26 Building/ Yard Line Sewer Inspections
Each Building Sewer shall be inspected by video camera. Inspections shall be
conducted on all new construction and Building Sewers that are being replaced.
Inspections shall be conducted by the City of Anna Public Works Department.
"rhis inspection will be scheduled after the rough plumbing inspection when all
test plugs have been removed and the Building Sewer trench has been
backfilled. The Building Sewer camera inspection must be performed and
approved adopted before receiving a framing inspection for new construction
and prior to issuance of a green tag for Building Sewers that are being replaced.
"rhe fees for inspection and re -inspection are set forth in Anna Code, Part IV,
Art. 7, Sec. 10.
(Ord. No. 476-2009, adopted 11-10-09)
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 34 of 70 11-10-09
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(Ord. No. 232-2005, adopted 1012512005)
Section 5. Water and Sewer Main Extensions
5.01 Extensions by the City
Extension of main lines for all City utility services will be made by the City along
dedicated streets, alleys, or in dedicated utility easements that are filed in the
deed records of the county wefe where the easement is located, if such
extension is economically feasible, or if the future growth of the area to be
served is dependent upon the extension, and the Council finds that such
extension is in the best interest of the City.
6.02 Extension Requested by Others
Any Person, fiFm, or GeFpeFatien desiring an extension of the City water or sewer
mains shall first make application for such extension to the City Secretary and a
copy delivered to the Public Works Director.
(Ord. No. 476-2009, adopted 11-10-09)
5.03 Cost of Extensions Requested By Other
Except where otherwise provided by intergovernmental contract with another
governmental entity or as otherwise provided under regulations adopted by the
City under Chapter 395 of the Local Government Code, the entire cost of labor
and materials for extension of City water and sewer mains and the total cost for
acquiring and executing any easements required shall be paid by the Person-j
fiFFA, OF GGFPoFation making the request, and if the City performs any related
construction, then payment shall be made to the City fGF any suGh extension
prior to its commencement of such construction of said e)denr-,iGR.
(Ord. No. 476-2009, adopted 11-10-09)
5.04 Standards
All extensions to the City water or sewer mains shall be made according to City
specifications and in conformity with City standards and codes in force at that
the time of such extension'. No water or sewer main shall be installed in the City
smaller than eight inches in diameter.
(Ord. No. 476-2009, adopted 11-10-09)
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 35 of 70 11-10-09
6.06 Control and Jurisdiction over Extensions
All City water and sewer main extensions shall, upon acceptance, become the
property of the City of Anna, and the City shall have full control and jurisdiction
over such lines and their easements.
No Pro-Rata line agreement shall be approved that extends more than five
years from completion date of the water or sewer line. Any agreement on behalf
of the City to collect and disburse off -site refund payments will never be
enforceable as an obligation of the City.
. ...... - ----- - ------- - -
(Ord. No. 112-2003, adopted 1111212003)
Section 6. Garbage and Refuse Service
6.01 Sanitation Collection Service Required
Every Person owning, managing, operating, leasing, renting, or building on any
premises or any place where debris (including but not limited to construction
debris), garbage or rubbish accumulates shall subscribe to a sanitation
collection service as provided for in this section. It is unlawful for any Person to
dispose of or disburse any garbage or trash in any place other than the
designated sites. It is unlawful for anyone to deposit or dump garbage or trash
upon any drain, GU#eF utter, alley, sidewalk, parkway, street, or vacant lot
except in receptacles as outlined.
6.02 Container Required
Every sestemer
' Customer subscribing to sanitation collection service shall use
the container or containers for trash and recyclable material provided to each
sestemer Customer as outlined in the contract between the City and the
provider of solid Waste collection. The City may require a eustemer Customer
to acquire additional containers from the provider at locations that regularly
generate solid Waste in excess or what can be contained in containers provided
by solid Waste collection contractor.
Unless otherwise provided for in a solid Waste collection contract, GustemeFS
Customers shall not place solid Waste intended for collection in any other
container except in those provided by the City's solid Waste collection contract.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 36 of 70 11-10-09
The disposal of bundles (including tree, shrub and brush trimmings or
newspapers and magazines) and bulky items shall conform to the requirements
outlined in the contract for solid Waste collection.
The City may deny the acquisition of additional containers and may require
commercial -type containers (dumpsters) for non-residential locations that
regularly produce solid Waste in excess of what can be contained in three (3) 96
.gallon trash containers.
This section is not applicable to commercial accounts that are provided with a
commercial container including construction debris bins, dumpsters or roll off
containers.
(Ord. 259-2006, adopted 311412006) (Ord. No. 4 76-2009, adopted 11- 10-09)
6.03 Placement and Storage of Containers
It shall be the duty of every Person subscribing to the sanitation collection
service to place such garbage containers directly behind the curbGurb line of
the street or alley abutting such property or in the absence of a curbGu-Fb
directly behind the ditch -line abutting such property or in the place directed by
the City Manager or his designee. Prudently such containers shall not be placed
in the street or on the sidewalk or in any manner placed where the containers
will interfere with vehicular or pedestrian traffic in a residential area. In a
commercial area were the sidewalk covers the entire area from the business to
the street the container shall be placed at the edge of the sidewalk near the
street so long as it does not block pedestrian traffic. It shall be the responsibility
of the subscriber to place the containers no earlier than 6:00 p.m. of the
afternoon preceding the collection day and the containers must be removed
within 24 hours of scheduled pickup.
Except during the normal collection period, garbage and recycling containers,
may not be stored or placed in the front yard of any location that subscribes to
residential or commercial hand pick-up collection service.
6.04 Meddling with Trash Receptacles Prohibited
It shall be unlawful to meddle with or scavenge from any garbage cans,
dumpsters, roll off containers, trash or garbage receptacles or any way pilfer,
search, or scatter contents of such garbage cans, dumpsters, roll off containers,
or rubbish receptacles in or upon any street or alley within the City limits.
6.06 Use of Trash Service by Persons Not Subscribing To Service
It shall be unlawful for any Person to place garbage or rubbish to be picked up
by the City or the City's contractor on property that they are not paying a
subscription fee. It shall be unlawful for a subscriber to place garbage and
refuse generated at another location out to be picked up by the City or the City's
contractor unless the Person is paying a subscription fee for both locations. It
shall be unlawful to place any garbage or rubbish in any dumpster or roll off
container unless the Person has the written permission from the subscriber of
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 37 of 70 11-10-09
the service.
6.06 Containers to be Kept Sanitary and Secure
All containers shall be kept clean and free from accumulation of any substance
remaining attached to the inside of the container, which would attract or breed
flies, mosquitoes, or other insects. The area surrounding garbage containers
shall be maintained in a clean and sanitary condition. The contents of all
receptacles shall be protected so that the wind cannot scatter the contents over
the streets, alleys or other property within the City. All containers shall be
secured closed in such a manner as to prevent the scattering of the contents
and to make them inaccessible to insects, rodents, dogs, cats, and other
animals.
(Ord. No. 112-2003, adopted 11/12/2003) (Ord. No. 476-2009, adopted 11-10-
09)
6.07 Unauthorized Private Collections Prohibited
It shall be unlawful for any Person to transport construction debris, garbage or
refuse for hire which has been collected from any premises within the City over
any public street within the City. This section shall not apply to any Person or
company who at the time of such activity is operating under a valid contract or
franchise granted by the City which authorizes such Person to use the public
streets to conduct such activity.
(Ord. 259-2006, adopted 311412006)
6.08 Collection of Charges
The charges fixed for the collection, removal, and disposal of all garbage and/or
trash shall be entered in their respective amounts on the utility bill. The City may
discontinue all utility services, including water, sewer, and garbage and trash
services, for failing to pay any such assessed charges and until such charges
have been paid in full.
(Ord No. 112-2003, adopted 11/12/2003)
6.09 Rules, Regulations, and Prohibited Acts
(a) Rules and regulations negotiated between the contractor and/or franchisee
providing sanitation collection service and the City shall be followed by
each subscriber to the service. Persons that do not follow these rules and
regulations or commit any prohibited act in the rules and regulations may
have their utility services terminated and may be cited and fined.
(b) Unusual amounts of garbage and trash accumulated from packing houses,
poultry killing plants, wholesale fruit and vegetable houses and other such
establishments must remove the trash daily at their own expense or
contract with the franchise operator.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 38 of 70 11-10-09
dead trees must only be disposed of by the City's franchise contractor.
(d) It is unlawful to leave out any ice box, refrigerator, freezer or any other
container with self-locking door or lid unless the mechanism is altered so
that the door or lid can be opened from the inside or by completely
removing the door or lid.
(e) The United States EPA prohibits the disposal of "white goods" containing
Freon without a certificate of removal from a licensed technician. This
includes such items as refrigerators, freezers, and air conditioners.
(f) Manure From cow lots, horse stables, poultry yards and Waste oils from
garages and filling stations must be disposed of by the owner.
(Ord. 259-2006, adopted 311412006)
6.10 Non -Residential Customers; Container Types; Collection Schedules
(a) It shall be the duty of the owner or Person otherwise in charge of
multifamily, institutional, or industrial premises within the City to cause all
garbage and trash accumulated on the premises to be placed in
disposable containers, or commercial -type containers. Commercial -type
containers may be used and may be placed at a location on the G st
Customer's premises as arranged between the met Customer and
the collector, but subject to review by the City at any time.
(b) Disposable containers shall be placed at a location on the premises which
is readily accessible to the collector.
(c) The amount and character of garbage shall be considered in establishing
size of commercial containers and frequency of pickup. The City shall have
Final authority to establish such size and frequency based on the history of
amount and type of garbage generated by the raustemeF Customer. The
collection and removal of garbage and trash from premises used for
commercial, institutional, or industrial purposes shall be made as often as
necessary in order to maintain the premises free of such accumulations.
Garbage, except dry trash in contractor -supplied containers, shall be
collected not less than one time each week, except for roll -off containers
which shall not be subject to this provision so long as they are used solely
for brush and dry trash.
(Ord. No. 476-2009, adopted 11-10-09)
6.11 Contract and/or Franchise for Collection Required; Exception
(a) No Person shall collect, remove, or dispose of garbage containers or trash
receptacles or transport construction debris, garbage or trash on the
streets, alleys, or public thoroughfares of the City except duly authorized
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 39 of 70 11-10-09
agents or employees of the City and Persons acting pursuant to a contract
with the City for public collection and disposal of garbage and trash, except
as provided in this section. No Person shall obtain the services described
in this subsection except from duly authorized agent or employees of the
City and Persons acting pursuant to a contract with the City for public
collection and disposal of construction debris, garbage, and trash. This
section shall not apply to the transportation of garbage, trash, or brush
from outside the City to a disposal site outside the City.
, 0 A
(c) Notwithstanding anything in this section to the contrary, individuals desiring
to occasionally remove large amounts of brush, debris, or trash from their
own residential premises may contract with the City's contractor or other
Persons for the temporary placement and removal of a dumpster or roll -off
bin provided that said individual maintains regular service from the City's
contractor.
6.12 Out -of -City Services
The City is not required to furnish garbage services to Persons consumers
beyond the corporate limits, or to continue to supply, once begun, such
services. The City reserves the right to provide services to such Persons
r.ansumems it deems advisable and to, at any time, wholly or partially,
discontinue such services to any Person senef located outside the
corporate limits. (Ord. No. 476-2009, adopted 11-10-09)
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(Ord. No. 112-2003, adopted 1111212003)
Section 7. Rates and Charges
7.01 Definitions
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 40 of 70 11-10-09
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WIN .payment to be m rt of the amount of debt seWiGe and etheF r--har-ges
due peFtaining to Pipeline Bonds and the Gellin/GFaysen WateF T-Fansmission
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7.02 Water; Meters and Billing
All premises using the City water supply must be equipped with an adequate
meter furnished by the City under the hereinafter stated deposit and fee
procedures. The City of Anna shall read or cause to be read, every water meter
used in the City at such times as are necessary that the bills may be sent out at
the proper time. Under unusual circumstances or during an emergency the City
may estimate the reading of meters. Bills for water use shall be dated and sent
monthly, or as such times as may be directed by the Mayor and City Council.
7.03 Deposits, Connection and Transfer Fees for Water Service
All Persons —prior to use of water from the City water system --must place with
the City a water meter/security deposit for each account or meter. Such water
meter/security deposit amounts are asr-set forth in Anna Code, Part IV,
Schedule of Fees, Article 7, Sections 4. All Persons —prior to using of water
from the Citv water system—must aav a nonrefundable service connection fee
in the amount set forth in Anna Code. Part IV. Schedule of Fees. Article 7.
Section 4.5.
All Persons that are disconnected for nonpayment of a bill more than two times
in a 12=month period must increase their deposit by 100% before the account
may be reconnected.
All PeFsens Fier to using f water frAm the Git y wateF system must pay a
(Ord. No. 449-2009, adopted 0612312009) (Ord. No. 476-2009, adopted 11-10-
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 42 of 70 11-10-09
7.04 Refund of Deposit
Refunds of deposits made for utility service shall be made upon the termination
of such utility service after payment of all indebtedness to the City for such utility
service. Application of the deposit may be made in partial or total settlement of
accounts when the supply is cut off for nonpayment of the bill, or for any
infraction or violation of any ordinance, rule or regulation of the City relative to
utility services offered by the City.
There shall be no transfer, or so-called transfer, from one location to another of
deposits made for utility services and in each case, the transfer shall be
considered a new application for service and shall be treated as such. When
premises are vacated, any amounts due for water service shall be paid in full
and utility service shall not be commenced at another place until this is done if
the susteFF1er Customer has been disconnected for nonpayment any time in the
last two years or there is more than one month payment remaining on the
vacated premises. Such move from one place to another shall be considered
as a new request for utility service and applicants shall be required to make the
current deposit and pay the current installation charge that shall be in effect at
the time such request is made. (Ord. No. 476-2009, adopted 11-10-09)
7.06 Rate Schedule for Water, Sewer and Trash
The water, seWeF, and tFash Fates set by PFiGF eFdinanGe if AGt iA GGRfl'rt with
this sertio effert and may be GhaRged from time to time-4
eFdiRanGes in the futExcept as otherwise set forth in tl-lis Article, the Gigs
rates and charges applicable to water, sanitary sewer, and trash service are as
set forth in Anna Code. Part IV. Schedule of Fees. Article 7.
(Ord. No. 476-2009, adopted 11-10-09)
7.07 Water and Sewer Tap Fees, Water Meter Set Fees
In addition to the deposit amount(s) and service connection fee(s) described in
Section 3.03 above, all Persons —prior to tapping into the City's water system or
sewer system —shall be charged water and sewer tap fees in the amounts set
forth in Part IV, Schedule of Fees, Article 7, Sections 2 and 3.
(Ord. No. 231-2005, adopted 1012512005, Ord No. 449-2009, adopted
0612312009) (Ord. No. 476-2009, adopted 11-10-09)
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Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 43 of 70 11-10-09
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7.09 When Payment Due and Late Fee
All bills for unity Utility services furnished by the City shall be due and payable,
in full, prior to midnight of the due date shown on the utility b@4-&-Gf-�er
or 15 days after the utility bills are mailed, whichever is later; provided, however,
that if the final date for Payment such date falls on a Saturday, Sundav or a
Ord, 476-2009 Amending Code regarding Utility Billing.doc Page 44 of 70 11-10-09
legal holiday observed by the City, then payment must be made prior to than
suGh bill shall be due and payable -by midnight of the following business day.
Bills -Failure to Pay a bill timely results in an additional charge as set forth in
Anna Code, Part IV, Schedule of Fees, Article 7, Section 5.paya#eF theiF due
date shall have IQ% of the added to the gFess euWanding ameuRt due 9R the
GUSt011'ReF's aGGeURt bill. The GARY--shall be entitled to raellert a servic;e- fee of $25
feF all GheGks given iR paymeRt of bills fall: utility seFYiGes OF GhaFges that aFe
r-etuFned uRpaid. A Customer eu&temw with an unpaid bill will be notified of
same in accordance with Section 7.10.
(Ord. No. 476-2009, adopted 11-10-09)
7.10 Disconnection for Nonpayment
Water, sewer, and garbage collection services to any Customer sustemer are
subject to discontinuation after 10 days from the date the bill is due and
payable, if not paid in full. The following policies will be followed by the City
regarding discontinuation of services for nonpayment.
(a) When it becomes necessary for the City to discontinue utility service to a
Customer customer for nonpayment of bill, service will be reinstated only
after all bills for service then due and reconnect charges have been paid
and any required depositLsJ have been made.
(b) It is the policy of the City to discontinue utility service to Customers
r.ustemeFs by reason of nonpayment of bills only after notice and a
meaningful opportunity to be heard on disputed bills. The notices sent to
the Customer suetemeF should must set out -the reasons for the
discontinuance and the procedure for requesting a hearing. The City's form
for application for utility services and all bills shall contain, in addition to the
title, address, and telephone number of the Public Works Director publi
werks-d+rester, who is in charge of billing, clearly visible and easily
readable provisions to the effect that:
(1) That all bills are due and payable on or before the time set forth
under Section 7. 0 -1 55#' nenth OF OR OF befere 15 days a#eF mailing
of utility bills, whiGhever is late ;
111111V I a is I In 41:K0 I M 412111Z10 11111M 0 S.
(3) That -any Customer disputing the correctness of this bill shall have a
right to a hearing at which time he may be represented in Person and by
counsel or any other Person of his choosing and may present orally or in
writing his complaint and contentions to the Public Works Director. The
Public Works Director shall be authorized to order that the Customer's
service not be discontinued and shall have the authority to make a final
determination of the Customer's complaint.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 45 of 70 11-10-09
(c) The above -referenced notice will include the full amount due and the
scheduled date of termination of service for failure to Day. The written
notification may be provided through certified mail, return receipt requested
or personal service. However, in the event that such means of notification
do not succeed, the written notification may be placed on the front door of
the main structure at the Customer's address, or as close thereto as
feasible. A service fee in the amount stated in Part IV, Schedule of Fees,
Article 7, Section 5(b) shall be added to the Customer's bill for the
notification service, regardless of the means used to Provide notification.
(Ord. No. 476-2009, adopted 11-10-09)
7.11 Reconnection after Disconnection
(a) In the event that utility service is disconnected for nonpayment of the bill,
the Customer saner thereo# shall have the right to have the same
reconnected only upon the payment by the Customer G9Rsume of all
outstanding utility charges owed to the City, plus an64n-ad44kN4 a
reconnection fee of $59 if the request is during normal business hours. If
the GonsuFneF tums th water is turned back on without payment or without
the Cily's authorization, the meter is subiect to being shall be removed or
locked by the City, and there shall be a increased reconnection fee sh"
be $100 plus Gest to FepaiF any damage to the meteF, GUt Off, OF 10 . If the
payment and request is outside of normal business hours an additional
amount W shall be added to the reconnection fees described above. All
charges due under this subsection must be paid by check or money order
payable the City of Anna and no cash shall be accepted.
(b) In the event that utility service is temporarily disconnected at the request of
the Customer GGASUFFle , a service charge of $10 shall be shammed -added
to the account for disconnection and reconnection of utility service during
normal working hours of the City. If the request is outside of normal
business hours an additional $60 shall be added to #ie-fee shall be added
to the account.
(c) If a water Customer's meter has been cut off due to nonpayment and the
Customer Pays all amounts due during normal business hours (8:00 a.m.
to 4:30 p.m.), including any additional charges such as late penalties, the
Public Works Department of the City will make reasonable efforts to turn
the Customers water on that same day or as reasonably soon thereafter
as is practicable under the circumstances.
(d) The Public Works employee who reconnects water service will make
reasonable efforts to insure that water is not running on the Customer's
side of the meter when the reconnection is made. If the water meter
indicates that water is running on the Customer's side of the meter, the
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 46 of 70 11-10-09
Customer is then responsible for contacting the City to reconnect the
service.
(e) The amounts of the fees and charges referenced under subsection (a) and
(b), above, are set forth in Anna Code, Part IV, Schedule of Fees, Article 7,
Section 6.
(Ord. No. 476-2009, adopted 11-10-09)
7.12 Voluntary Discontinuance of Service
Customers Gensumem- wishing to discontinue the use of any utility service shall
give written notice thereof at the City hall Hall. Failure to do so shall render them
liable for the payment of all bills until such notice has been given.
(Ord. No. 476-2009, adopted 11-10-09)
7.13 Franchised Public Utilities
The City Council shall fix and approve the rates charged by any privately owned
public utility company franchised by the City and doing business within the City.
It shall be unlawful for any such public utility company or any officer or
employee thereof to assess or charge for services rendered any rate other than
the rate so fixed or approved.
(Ord. No. 112-2003, adopted 11/1 Z2003)
7.14 Water & Sanitary Sewer Service Rates
Please see Part IV, Schedule of Fees, Article 7, Section 8 for water and sewer
rates.
(Ord. No. 407-2008, adopted 912312008, Ord No. 429-2009, adopted 112712009)
7.16 Rates for Solid Waste
Rates for solid waste services shall be as set forth in Anna Code, Part IV,
Schedule of Fees, Article 7, Section 1.
(Ord. No. 476-2009, adopted 11-10-09)
ResideRtial Single Family $10.38 per me
GammeF-.0al relieGtoon Hand Gellerstoen 2 X week $15.00
ResideRtial Single Family Pe!yGaFt SeFvmre* $14.50 f9F
per menth eaGh
residential unit
(efferative BAM)
Gon;n;eFG'al PelyGak rolleGfient Minimum $14.50 month
peF
811M)
(efferAive
WdkieFial $5.00 eaGh
pelyGaFts peF me
Q� ilrielr 584ze
D* rakups week.
GGstipef Frionth
F-)dFa Pi
(same dav)
Pew
2 GUNG YaFd
1 X Wee
$41.85
$31.93
Ord, 476-2009 Amending Code regarding Utility Billing,doc Page 47 of 70 11-10-09
gQstpw Maximum-T-GAs
MIGAth
40 yd. GampaGtel; GentaffineFS $418.56 MIA MA
P
DeliveFy & xGhange $72.69
Rental per clay, $4-.67
20 Yd. Roll Q# Gonta*ner (pe $26:7.25 4-.0 $27.10
#au4
30 yd. Roll Off GentaiReF (peF $331.94 6 8 $27.10
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 48 of 70 11-10-09
EMT
A*Z
MW 141" To fir. Mr.s"NuM.T.
�ITXJIW�.141&1 Illy*
Murr. M it V.1r.v MT7.'M=r-r-M
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Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 49 of 70 11-10-09
7.18 Water Leak Forgiveness
(a) Though it is the responsibility of every +reef Customer to keep their
water service lines in a state of good repair, leaks do occur, and the City
recognizes that an undetected leak can have a significant financial impact
on a Gustemef Customer who experiences one. At the same time, the City
has costs associated with the delivery of treated water to each Gusteme
Customer. The costs of treating the water and maintaining the water
infrastructure are recovered from Customers GustemeFs through the
assessment of certain set water rates. The City, weighing both the costs of
supplying the water to each eastemef Customer and the City's desire to
assist Customers GUStOM91FIS with the financial burden caused by certain
water leaks, has established this policy.
(b) A Customer sustemer who incurs charges on their utility bill as a result of a
water leak that was not reasonably detectable and that was caused
through no fault of the Customer eustemef may take advantage of this
forgiveness policy only once during a 36-months period, as indicated in the
City's billing records.
(c) The Customer Gusteme taking advantage of this policy must meet these
requirements before staff can grant the forgiveness:
(1) An affidavit, sworn to by the Customer Gusteme and notarized,
must be provided to City staff that details that the leak occurred, where
the leak was, how it was detected, when it was detected, how it was
caused (if able to be determined), how it was repaired and when it was
repaired.
(2) Along with the affidavit, if the leak was repaired by a licensed
plumber, a copy of a detailed receipt must be supplied. Or, in the event
the Customer sestemef fixed the leak themselves, a copy of the receipt
for any hardware/plumbing supplies must be attached.
(d) Upon receipt of the required documents, the Utility Billing Section will then
take the average of both the water and sewer side of the Customer
eustemei:'s- bill for the three previous months, added to the current month,
and compute the bill as it is done below:
(1) The water leak forgiveness formula is based on an average of the
previous three months, including the leak month (per the city's most
currently adopted water and sewer rates).
Example:
* January-$18.00
* February-$18.00
* March-$26.00
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 50 of 70 11-10-09
• April (leak month)-$230.00
AVG: $73.00
(2) The sewer side of the utility bill is also addressed in the same
manner.
Example:
• January-$18.00
• February-$18.00
• March-$26.00
• April-$52.00 (sewer use capped at this level)
AVG: $27.75
(3) The two averages are then added together to total the customer's
bill for the month during which the leak occurred, in this case, $100.75.
Note: without this policy, the customer's utility bill would have totaled $282.00 for the leak month.
(e) A customer who does not have three previous months of water service will
have all existing charges on their account as a customer, whatever length
of time that may be, added to the current bill to establish their average.
(Ord. No. 361-2008, adopted 211212008) (Ord. No. 476-2009, adopted 11-10-09)
7.19 Pona1by
Any peFson, fiFrn, G0FP0FatieR 9F business entity violating this seGtien shall be
deemed guilty of a FnisdemeaReF, and upon GonviGtien theFeef shall be fin
suFA nat to exGeed the maximum as pFesGF*bed by the statutes of the State
Texas, uRless ath ;ffifirally set feFth OR this Gede. EaGh G9RtiRUiRq day's
Yolat*en uRdeF this sen-tio� shall Ggnstkute a sepaFate offeRse. The pena.1
ions impesed undeF this seGtien shall Fiet pFeGlude the City of Anna
ku"t to enjoin the violation. The City of Anna Fetains all 1 4d
r,-P."--d;es available te it puFsuant to leGal, state and fedeFal
(Ord. No. 98-14, adopted 1012711998)
Section B. Water and Sanitary Sewer Impact Fees
8.01 Purpose
This section is adopted pursuant to the provisions of Chapter 395 of the TEXAS
LOCAL GOVERNMENT CODE, V.A.T.S., as amended, as well as under the
authority of Article 11, Section 5 of the Texas Constitution. This section
implements a policy of the City to impose fees on each New Development
project to pay the costs of constructing Capital Improvements and Facility
Expansions necessary to serve New Development.
8.02 Definitions
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 51 of 70 11-10-09
Advisory Committee (also referred to as Impact Fee Advisory Committee) means
the PeFsens those appointed by the City Council to provide advice to advise the
Goun City Council regarding Impact Fees as required by the enabling legislation
for this section.
Assessment means the determination of the amount of the maximum impact fee
that can be imposed on New Development pursuant to this section.
Capital Improvement means the following facilities that have a life expectancy of
three or more years and are owned and operated by or on behalf of the City:
(a) Water supply and distribution facilities; Wastewater collection facilities; and
storm water, drainage, flood control facilities as they relate to the
construction of Roadway Facilities; whether or not they are located within
the Service Area; and
(b) Roadway Facilities.
Capital Improvements Plan means a plan that identifies Capital Improvements or
Facility Expansions for which Impact Fees may be assessed, as adopted by the
City from time to time.
City means the City of Anna, Collin County, Texas.
Credit means the amount of the reduction of an impact fee for fees, payments or
charges for or construction of the same type of facility.
Facility Expansion means the expansion of capacity of an existing facility that
serves the same function as an otherwise necessary new Capital Improvement, in
order that the existing facility may serve New Development. The term does not
include the repair, maintenance, modernization, or expansion of an existing
facility to better serve existing development.
Final Plat approval or approval of a Final Plat means the point at which the
applicant has complied with all the conditions of approval and the plat has been
released by the City for filing with the county clerk.
Impact Fees means a charge or Assessment imposed against New Development
in order to generate revenue for funding or recovering the costs of Capital
Improvements or Facility Expansions necessitated by and attributable to New
Development. The term includes amortized charges, lump sum charges, capital
recovery fees, contributions in aid of construction, and any other fee that
functions as described by this definition. The term does not include:
(a) Required dedications of land for public parks or payments made in lieu
thereof;
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 52 of 70 11-10-09
(b) Dedication of rights -of -way or easements, or the construction or dedication
of On -Site or Off -Site water distribution, Wastewater collection or drainage
facilities, or streets, sidewalks, or curbs GuFbs if the dedication or
construction is required by a valid ordinance and is necessitated by and
attributable to the New Development;
(c) Lot or acreage fees or pro-rata fees to be placed in trust funds for the
purpose of reimbursing Developers for constructing or over -sizing water or
sewer mains or lines; or
(d) Other pro rata fees for reimbursement of water or sewer mains or lines
extended by the City.
Land Use Assumptions mean a description of the Service Area and projections of
changes in land uses, densities, intensities, and population in the Service Area
over at least a 1 0-year period which has been adopted by the City and upon
which the Capital Improvements Plan is based.
New Development means the subdivision of land, the construction,
reconstruction, redevelopment, conversion, structural alteration, relocation, or
enlargement of a structure; or any use or extension of the use of land; any of
which increases the number of Service Units.
Off -Site means located entirely on property which is not included within the
bounds of the plat being considered for Impact Fee Assessment.
On -Site means located at least partially on the plat which is being considered for
Impact Fee Assessment.
Roadway Facilities means arterial or collector streets or roads that have been
designated on the City's officially adopted Thoroughfare Plan, together with all
necessary appurtenances. The term includes the City's share of costs for
roadways and associated improvements designated on the federal or Texas
highway system, including local matching funds and costs related to utility line
relocation and the establishment of Curbs, gutters GutteFs, sidewalks, drainage
appurtenances, and rights -of -way. The term includes but is not limited to interest
in land, traffic lanes, curbs GuFbs, gutters GutteFs, intersection improvements,
traffic control devices, turn lanes, drainage facilities associated with the roadway
or street lighting.
Service Area means:
(a) for water supply treatment and distribution facilities, wastewater collection
and treatment the entire area within the corporate limits of the City and its
extraterritorial jurisdiction to be served by the Capital Improvements and
facilities expansions specified in the Capital Improvements Plan;
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 53 of 70 11-10-09
(b) for Roadway Facilities: each individual Service Area designated in the
Capital Improvements Plan served by the Roadway Facilities designated in
the Capital Improvements Plan. The Service Area is limited to an area
within the corporate boundaries and shall not exceed six miles.
(c) for drainage facilities: the Service Area is limited to an area within the
corporate boundaries and its extraterritorial jurisdiction, but shall not
exceed the actual served by the storm water, drainage and flood control
facilities designated in the Capital Improvements Plan but shall not extend
across watershed boundaries.
Service Unit means for purposes of Impact Fee Assessment the applicable
standard units of measure shown on the conversion table in the Capital
Improvements Plan and impact fee calculation which can be converted to
equivalent single-family residential PM peak hour average vehicle trip ends per
acre for Roadway Facilities and -3/4 inch water meter equivalents as the context
indicates, which serves as the standardized unit of measure of consumption or
discharge for water and wastewater facilities and based on historical data and
trends during the previous 10 years.
Sanitary Sewer Facility means an improvement for providing wastewater
collection, including but not limited to, land or easements, lift stations, or
interceptor mains. Sanitary Sewer Facility excludes lines or mains which are
reimbursed from pro rata charges paid by Developers or owners of property in
other subdivisions as a condition of connection to or use of such facility.
Water Facility means an improvement for providing water supply, treatment and
distribution services, including but not limited to, land or easements water
treatment facilities, water supply facilities, or water distribution lines. Water
Facility excludes water lines or mains which are constructed by Developers the
costs of which are reimbursed from prorate charges paid by Developers or
owners of property in other subdivisions as a condition of connection to or use of
such facility. (Ord. No. 476-2009, adopted 11-10-09)
8.03 Advisory Committee
(a) The Capital Improvements Advisory Committee (Advisory Committee) shall
consist of seven Persons selected by the City Council, including at least
one representative of the real estate, development or building industry who
is not an employee or official of a political subdivision or governmental
entity. If any impact fee is to be applied in the extraterritorial jurisdiction of
the City, a representative from the area shall be appointed by the City
Council.
(b) The Advisory Committee serves in an advisory capacity and is established
to:
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 54 of 70 11-10-09
(1) advise and assist the adoption of Land Use Assumptions;
(2) review the Capital Improvements Plan and file written comments;
(3) monitor and evaluate implementation of the Capital Improvements
Plan;
(4) file semi-annual reports with respect to the progress of the Capital
Improvements Plan and report to the City Council any perceived
inequities in implementing the plan or imposing the Impact Fees; and
(5) advise the City staff and Council of the need to update or revise the
Land Use Assumptions, Capital Improvements Plan and impact fee.
(c) All professional reports concerning the development and implementation of
the Capital Improvements Plan shall be made available to the Advisory
Committee.
(d) The Advisory Committee shall elect a chairperson GhaiF Pers to preside
at its meetings and a vice chairperson to serve in their absence.
(f) The Land Use Assumptions and Capital Improvements Plan shall be
updated at least every five years.
(Ord. No. 476-2009, adopted 11-10-09)
8.04 Impact Fee Required; Exceptions
(a) Water and sewer Impact Fees shall be assessed for New Development at
the time Final Plats for single family residential are released for recordation
and due and payable at the time a building permit is issued, or for land
platted outside the corporate limits, at the time an application is filed for an
individual meter connection to the water or wastewater system. Water and
sewer Impact Fees for other than single family residential shall be
assessed at any time and shall be due and payable prior to connection to
the City's water or sanitary sewer. Irrigation meters in single family
residential are additional Service Units and will be assessed and fees
collected at time of connection to the City's water or sanitary sewer.
Roadway Impact Fees shall be assessed for New Development at the time
Final Plats are released for recordation and due and payable at the time a
building permit is issued.
(b) Additional Impact Fees or increases in fees shall not be assessed unless
the number of Service Units to be developed on the tract increases.
Should the Service Units be increased, Impact Fees shall be increased in
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 55 of 70 11-10-09
the difference in the number of Service Units.
(c) Except for Roadway Facilities, Impact Fees may be assessed but not
collected for property where service is not available unless:
(1) The City commits to commence construction of necessary facilities
identified in the Capital Improvements Plan within two years and have
service available in Five years; or
(2) The City agrees in writing to permit the owner of the property to
construct or finance the Capital Improvement or Facility Expansion and
agrees that the costs incurred or funds advanced will either:
i. be credited against the Impact Fees otherwise due from New
Development; or
ii. reimburse the owner for such costs from Impact Fees paid
from other New Developments that will use such Capital
Improvements of Facility Expansions, in which case fees shall be
reimbursed to the owner at the time collected as other New
Development plats are recorded; or
iii. the owner voluntarily requests that the City reserve capacity
to serve future development and enters into a valid written
agreement.
(d) The owner of property for which there is a recorded plat may enter into an
agreement with City providing for the time and method of payment of
Impact Fees, which agreement shall prevail over the provisions of this
section.
8.05 Calculation of Impact Fees
(a) Impact Fees for water and sanitary sewer wastewater shall be determined
by multiplying the number of Service Unit equivalents in the proposed
development by the amount per Service Unit equivalent due by referring to
Schedules A — Water/Wastewater Equivalency Table and Schedule B-
Impact Fee Rates, as set forth in Anna Code, Part IV, Schedule of Fees,
Article 7, Section 14. (Ord. No. 476-2009, adopted 11-10-09)
.,
.
.....
.....
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 56 of 70 11-10-09
A
6-' 36 A
9! 64 A
a -A'' a AAA
SGhedule B
IMPACT CCC QATCC
1110
8.06 Credits
(a) Any construction of, contributions to, or dedications of any facility
appearing on the Capital Improvements Plan which is required by the City
to be constructed by the owner as a condition of development shall be
credited against the Impact Fees otherwise due from the development.
Credit for Impact Fees due an owner in one category of Impact Fees may
not be used to offset Impact Fees in another category.
(b) As an alternative to the foregoing, the City and owner may enter into an
agreement providing that, in addition to the Credit, owner will be
reimbursed for all or a portion of the costs of such facilities from Impact
Fees received from other New Developments that will use such Capital
Improvements of Facility Expansions.
(c) An owner shall be entitled to a Credit against any category of Impact Fee
provided in any written agreement between the City and the owner.
(d) No Credit for construction of any facility shall exceed the total amount of
Impact Fees due from the development for the same category of
improvements.
8.07 Accounting for Fees and Interest
(a) All Impact Fees eerfested collected shall be deposited in interest -bearing
accounts clearly identifying the category of Capital Improvements or
Facility Expansions within the Service Area for which the fee is adopted.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 57 of 70 11-10-09
(b) Interest earned will be credited to the account and is subject to the same
restrictions on expenditures as the funds generating such interest.
(c) Impact Fees and the interest earned thereon may be expended only for the
purposes for which such fees were imposed as shown in the Capital
Improvements Plan.
(d) The records of the accounts into which Impact Fees are deposited shall be
open for public inspection and copying during ordinary business hours.
8.08 Refunds
(a) On the request of an owner of property on which an Impact Fee has been
paid, Impact Fees shall be refunded if existing facilities are available and
service is denied, or, if the City failed to commence construction of facilities
required for service within two years of payment of the fee, or if
construction is not complete within a reasonable time considering the type
of Capital Improvements or Facility Expansion to be constructed, but not in
any event more than five years from date of payment of the fee.
(b) Any Impact Fee funds not expended within 10 years after payment shall be
refunded.
(c) Refunds shall bear interest calculated from the date of collection to the
date of refund at the statutory rate set forth in Section 302.002 TEX. FIN.
CODE or its successor statutes.
(d) All refunds will be made to the owner of record at the time the refund is
paid. If, however, the Impact Fees were paid by another political
subdivision or governmental entity, payment shall be made to the political
subdivision or governmental entity.
(e) The owner of the property on which the Impact Fee was paid or another
political subdivision or governmental entity that paid the impact fee have
standing to sue for a reftind under this section.
8.09 Appeals
Upon written application of the owner of property upon which Impact Fees were
assessed, the City Council shall consider appeals to the interpretations of or
errors in the application of the Impact Fee regulations or schedules used to
calculate the Fees or Credits.
8.10 Penar.M.-
Any Per -son violating any of the )f thBs seGtion shall be deemed qu
MY
of a MisdeFneaRGF, and -upon r--ee�vin-tioen, shall be subjeGt to a fine not to eXGeed
the maximum as pFesr.Fibed by law, unless etheiwise spe-GifiGally set feFth in thi
Gode. EaGh da-- ef violation Fnay be GonsideFed a sepaFate oftnse undell: the
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 58 of 70 11-10-09
9f th's%Gtnen. F=aGh transartion in violation of any of the pr-evisio
6-reef shall be deemed a sepaFate offense. PFGseGUti . Aien undeF
pirevision shall not be a baF to any other Femeedy 9f Felief fQF violations ef this
ser.tion.
(Ord. No. 138-2004, adopted 412712004)
2.02 Part IV Schedule of Fees, Article 7 of the Anna Code is amended as follows:
Article 7. Utility Fees
Section 1. Garbage Collection Charges
Residential Single Family
COMMeFGial Gollert"on
$10.38 peF
Hand wlleGfion
rA
2 X
imp—ek $15.()Q
Residential — Single Family Polycart Service* $14.50 per month for
each
residential
unit (e#eGtive BAX18)
Commercial Polycart collection*
Minimum $14.50 per
month
811108)
{effective
*Additional polycarts
(effeGtive
$5.00 each per month
811108)
Container Size
Pickups per
Cost per
Extra
week
month
Pickup
(same day)
2 Cubic Yard
1 X Week
$41.85
$31.93
Dumpster
2 X Week
$64.97
$31.93
3 Cubic Yard
1 X Week
$52.87
$42.92
Dumpster
2 X Week
$94.72
$42.92
4 Cubic Yard
1 X Week
$63.88
$49.56
Dumpster
2 X Week
$116.75
$49.56
6 Cubic Yard
1 X Week
$85.91
$57.27
Dumpster
2 X Week
$153.08
$57.27
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 59 of 70 11-10-09
Casters for containers $10.61 per month
Locking bar $5.30 per month
New home construction one-time fee per home collection fee - $1,205.42
*Note: Rates do not include sales tax.
The following rates are will be i^ ewe^* for large roll -off containers, which will
be billed directly by the Ci 's contractor.
Cost per
month
Maximum Tons
Overage
per Ton
40 yd. Compactor
Containers
$418.55
N/A
N/A
Delivery & Exchange
$72.69
Rental per day
$4.67
20 yd. Roll -Off Container
(per haul
$267.25
4.0
$27.10
30 yd. Roll -Off Container
(per haul
$331.94
6.0
$27.10
40 yd. Roll -Off Container
(per haul
$382.83
7.5
$27.10
Delivery & Exchange
$72.69
Rental per day
$4.67
(Ord. No. 386-2008, adopted 6110108) (Ord. No. 476-2009, adopted 11-10-09)
Cross Reference: Part ll, Article 49, Section 7.15
Section 2. Water Set Fees
The following fees shall be charged to the Customer GUstemer when a water
meter is set at a location having an existing tap to the City of Anna water
system:
- - !-
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 60 of 70 11-10-09
Meter Size/Type
Fee
—Water
%11
$275
ill
1175
1 Y2"
475
2"
1575
4"
IL125
6" and over
$2,015
(Ord. No. 231-2005, adopted 1012512005) (Ord. No. 476-2009, adopted 11-
10-09)
Cross Reference: Part //, Article 49, Section 7.07
Section 3. Water and Sewer Tap Fees
The following tap fees shall apply to all new water and sewer taps proposed
to be made into the City's water and sewer systems:
Water Meter Size/Type
Fee
3
/4"-1
$ 750 per to
1 2"
$ 950 per to
211
$ 1,000 pgLta2
Z:com ound
1 1,500 per to
4" and over
13,500 Rer to
Sewer Meter Size/Tvg)e
lot
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 61 of 70 11-10-09
Persons to whom water or sewer taps apply are solely responsible for any
costs associated with any necessary boring under or around public streets or
other public facilities.
(Ord. No. 231-2005, adopted 10/25/2005; Ord. No. 449-2009, adopted
0612312009) (Ord. No. 476-2009, adopted 11-10-09)
Cross Reference: Part ll, Article 49, Section 7.07
Section 4. Water Meter and Fire Hydrant Meter Deposits
The following water meter security deposits shall be paid to the City at the
time of approval of a utility -service application for new service to secure
payment for utility bills and other costs incurred for utility services:
Meter Size or Type
Fee
3/4" meter
1150
1" meter
200
1 Y2" meter
1150
2" meter
500
Fire hydrant meter
$1,500
wT
ss
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 62 of 70 11-10-09
fiFe plug Fnete I �T 1, 111
(Ord. No. 112-2003, adopted 1111212003, Ord. No. 449-2009, adopted
0612312009) (Ord. No. 476-2009, adopted 11-10-09)
A GustemeF desiFing to use a fiFe hydFaRt rAeteF shall pay a deposit of $1,50
to the Gity f Anna at the tome of appliGatien for GenneGti Fity fe
Payment of bolls fGF wate d/GF damage to and/oF less of Gity
farailities. The deposit shall be Fetained by the Gity unto! the GUStGFR
diSGOnneGted fi;am the Gity's faGilities and has Fetumed the fiFe hydFant FneteF
undamaged-.
NO �"Mw`as to
Section 4.5 Service Connection Fee
Upon the establishment of a new utility account, all Customers must pay a
nonrefundable service connection fee of $10 prior to using of water from the
City water system.
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(a) Failure to pay a utility bill before the last time for payment set forth in
Anna Code, Part 11, Article 49, Section 7.09 shall result in an additional
charge of 10% of the total outstanding amount due on the Customer's
utility account bill at the time the bill becomes delinquent.
(b) If the City is required to provide notice of disconnection to the Customer
due to the Customer's nonpayment or insufficient payment, a SeFYOGe fee
of $10 for service of notification shall be added to the Customer's
account fGF SeNire of notifiGatiGn. (Ord. No. 476-2009, adopted 11-10-
09)
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Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 63 of 70 11-10-09
(Ord. No. 112-2003, adopted 1111212003)
Section 6. Service Reconnection Fees
Reason for
Reconnection Fee
Additional charges
Disconnection
Nonpayment of Bill
$50
All outstanding
charges owed to
City, and an
additional $50 fee if
reconnection is
outside City business
hours*
Meter removed or
$100
All outstandinq
locked for unauthorized
charges owed to
City, all costs to
reconnection by
Customer or for
repair any damage t
the meter, cut off,
security reasons
lock or associated
equipment, and an
additional $50 if
reconnection is
outside City business
hours*
No reconnections outside the CitV's normal business hours will occur unless
the Customer Pays all fees due, including but not limited to the after-hours
reconnection fee with a check or money order made Payable to the City of
Anna delivered to the City or aiven to the City Public Works eMDlovee that is
sent to make the reconnection.
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Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 64 of 70 11-10-09
In the event that utility service is temporarily disconnected at the request of
the Customer sera, a service charge of $10 shall be charged for
disconnection and reconnection of utility service during normal WeFking
business hours of the City (8:00 a.m. to 4:30 p.m.). If the request is outside
of normal business hours an additional $50 shall be added to the fee.
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Section 7. Rereading Meters
Any municipal utility meter shall be reread upon complaint of the Customer
sense me and when the meter is found to have been correctly read originally,
the complaining Customer sensumeF shall pay a fee of $10. Any municipal
water meter shall be taken out and tested upon request of the Customer
lens and if, upon test, the meter is not within 3% of being accurate, it
shall be repaired or replaced and the water bill adjusted appropriately up to a
maximum of three months. If upon test the meter is found to be within 3% of
accuracy the Customer Gensume shall pay a fee of $50.
(Ord. No. 112-2003, adopted 1 1/1Z12003) (Ord. No. 476-2009, adopted II-
1 0-09)
Cross Reference: Part //, Article 49, Section 2.06
Section 8. Water and Sanitary Sewer Service Rates
8.01 Guetemer Monthly Fixed Charge COMPGReAt Monthly System
Ny.ed ChaFgG CGmponent Rates
(a) Minimum Charges will be applied to both water and sewer service as
follows:
Ord. 476-2009 Amending Code regarding Utility Billing.doe Page 65 of 70 11-10-09
Institutional
Institutional
Customers
Customers
(effective
(effective
12/1/2008-
7/31/2009)
after
7/3112009)
All Other
(Ord. No.
(Ord. No.
Customers
440-2009,
440-2009,
adopted
adopted
411412009)
411412009)
00.625" #i.Gh x
$18,00
$18,00
$18-.00
#�Gh
1.00 inch"
$18,90
$45,00
$45-.00
1.50 !nGhY2"
$18700
$90-.00
$90-.00
1-004nphll
$187W
$144,00
$144-.00
MQ-InGh"
$1870
$270,00
$270,09
4.00 !nGh"
$18,00
$450,00
$450,00
.09 !RGh"
$18M
$450,00
$900,00
.00 lRGh"
$18-40
$1,800-40
$1,800-.00
10.��71
$18,00
$4,500M
$4,500-40
(b) Inside City Water Rates - All Customers.
Each Customer GUsteme shall pay the minimum charge specified in
4.04(a) above for the first 2,000 gallons of water usage plus the
following additional user charges:
2,000 - 10,000 gallons $5.26 per 1,000 gallons
10,001 - 15,000 gallons $6.58 per 1,000 gallons
15,001 - 20,000 gallons $7.89 per 1,000 gallons
20,001 + $10.52 per 1,000 gallons
(c) Outside City Water Rates - Residential Customers.
Each Customer, sustemer shall pay 1 % times the rate charged to
Customers Guste-imem inside the City limits. (Ord. No. 433-2009,
adopted 212412009)
(d) Outside City Water Rates - Commercial Customers.
Each Customer sestemef shall pay 1 % times the rate charged to
Customer GUStGMeFS inside the City limits. (Ord. No. 433-2009, adopted
212412009)
(e) Inside City Sanitary Sewer Rates - Residential Customers.
Each Customer GUstemer shall pay the minimum charge specified in
8704(a) above for the first 2,000 gallons of water usage plus a user
charge of $4.35 for each additional 1,000 gallons of water used, except
that the maximum monthly charge shall not exceed $77.00 for sanitary
sewer service charges.
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 66 of 70 11-10-09
(f) Inside City Sanitary Sewer Rates - Commercial and Industrial
Customers.
Each Customer Gustem � shall pay the minimum charge specified in
8,04(a) above for the first 2,000 gallons of water Usage plus a user
charge of $4.35 for each additional 1,000 gallons of water used.
(g) Outside City Sanitary Sewer Rates - Residential Customers.
Each Customer. Gusteme shall pay 1 Y2times the rate charged to
Customers GustG-.Fn..P--.F inside the City limits, except that the maximum
monthly charge shall not exceed $115.00 for sanitary sewer service
charges.
(h) Outside City Sanitary Sewer Rates - Commercial and Industrial
Customers.
Each Customer , Gusteme shall pay 1 YStimes the rate charged to
Customers e-me-rs inside the City limits.
(i) Customer Monthly Variable Rate Component Charge
In addition to the Minimum Charges and Rates for water usage that
are set forth in this Section 8 Customer Monthly Fixed GhaFge,
circumstances may arise under which each customer sh" must paya
Customer Monthly Variable Rate Component Charge_, The Customer
Monthly Variable Rate Component Charge shall be applied when and
to the extent required by the Amended and Restated Potable Water
Supply Contract between the City of Anna and the Greater Texoma
Utility Authority made and entered into November 23, 2004 and shall
be calculated as described in PaFt 11, AFtGle 49, SeGtien 7-41 City of
Anna Ordinance No. 238-2005 adopted on November 22, 2005.
Total Monthly Usage Charge
The Total Monthly Usage Charge stated on the customer's bill for
system services shall be paid by the customer in accordance with the
terms stated in such bill.
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Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 67 of 70 11-10-09
(Ord. No. 407-2008, adopted 912312008, Ord. No. 429-2009, adopted
112712009)
(Ord No. 476-2009, adopted 11-10-09)
Cross Reference: Part //, Article 49, Section 7.01
Section 9. Reserved
Section 10. Building/Yard Line Inspections Fee
Each Building Sewer shall be inspected by video camera. Inspections shall
be conducted on all new construction and Building Sewers that are being
replaced. Inspections shall be conducted by the City of Anna Public Works
Department. The fee for each Building Sewer video inspection shall be $50.
Fees for the inspection will be assessed and paid at the time of issuance of
the plumbing permit. Any failure of the inspection will require correction and
payment of a re -inspection fee equal to the original fee.
(Ord. No. 232-2005, adopted 10/25/2005)
Cross Reference: Part //, Article 49, Section 4.26
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Section 1142. Service Charge for Insuffirient lFunds Returned Check
A charge of $25 will be assessed to any Person who issues a check to the
City that is returned to the City fGF Feasen of insuffident funds or not honor,
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 68 of 70 11-10-09
by the financial institution on which it is drawn for any reason.
(Ord. No. 2001-20, adopted 101912001)
Cross Reference: Part //, Article 49, Section 1.15
Section 1243. Water Well Drilling Permit Fee
No Person shall drill a well for water within the City limits without having first
obtained a permit from the City Secretary as approved by the City Council. A
permit fee of $200 shall accompany each application and surety bond issued
by a corporate surety indemnifying the City from any and all liability resulting
from the construction and use of said water well as filed and accepted by the
City Council.
(Ord. No. 1998-14, adopted 1012711998)
Cross Reference: Part //, Article 49, Section 2.18
Section 1344. Water and Sewer Impact Fees
Schedule A
WATERIWASTEWATER EQUIVALENCY TABLE
WATER
METER SIZE
11111111111=1011IJ
+..1TEIII R.
IMPACTFEE—,
WASTEWATER
—IMPAII CT FEE
$4,500.00
$8,000.00
$18,000.00
$72,000.00
$72,000.00
$128,000.00
$128,000.00
__U00,000.00
$200,000.00
Schedule B
IMPACT FEE RATES
FACILITY
SERVICE
MAXIMUM
ADOPTED
CATEGORY
AREA
IMPACT FEE
IMPACT FEE
PER SERVICE
PER SERVICE
UNIT
UNIT
EQUIVALENT
EQUIVALENT
WATER
ALL
$2,712.50
$2,000.00
FACILITIES
WASTEWATER
ALL
$2,643.50
$2,000.00
FACILITIES
Ord. 476-2009 Amending Code regarding Utility Billing.doc Page 69 of 70 11-10-09
(Ord. No. 138-2004, adopted 412712004)
Cross Reference: Part //, Article 49, Section 8.05
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 10th day of November
2009.
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Ord, 476-2009 Amending Code regarding Utility Billing.doc
Page 70 of 70
11-10-09