HomeMy WebLinkAboutOrd 112-2003 Utility Ordinance.pdfCITY OF ANNA
ORDINANCE NUMBER. 112-2003
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, SETTING RULES,
REGULATIONS, PROCEDURES, AND FEES FOR UTILITY SERVICES PROVIDED
BY THE CITY OF ANNA; SETTING PENALTIES FOR VIOLATION OF
PROVISIONS IN THE ORDINANCE; PROVIDING FOR SEVERABILITY;
REPEALING PROVISIONS IN OTHER ORDINANCES THAT ARE IN CONFLICT
WITH THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE OF THE
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA
ARTICLE I. IN GENERAL
Section 1. Definition.
For the purpose of this ordinance the word "utility" shall be construed to mean
and include water, sewer, garbage and refuse collection and/or any other utility service
furnished by the city to consumers thereof.
Section 2. Scope of provisions
All pertinent provisions of this ordinance 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 perform any work of any kind in connection with
the furnishing of any utility service pursuant to the rules and regulations of the city
council.
Section 3. Service to comply with technical provisions.
Any utility service furnished under the provisions of this chapter shall be in
accordance with and in compliance with all applicable technical provisions of this
Ordinance, other City Ordinances, adopted City Codes, other rules and regulations, State
and Federal Law.
Section 4. 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 council.
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.
Page 1 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
Section 5. Enforcement
Except where other arrangements are specifically provided, it shall be the duty of
the Director of Public Works or his authorized agent to enforce the provisions of the
Ordinance or any rule or regulation relating to utility services. This section does not
prevent law enforcement officers or code enforcement officers from enforcing provisions
of this ordinance.
Section 6. 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.
Section 7. 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.
Section 8. Termination of service authorized.
The city shall have the right to disconnect or refuse to connect or reconnect any
utility service for any of the following reasons:
(a) Failure to meet the applicable provisions of law;
(b) Violation of the rules and regulations pertaining to utility service;
(c) Nonpayment of bills;
(d) Willful or negligent waste of service due to improper or imperfect pipes,
yard lines, clean outs, fixtures, appliances or otherwise;
(e) Molesting any meter, seal or other equipment controlling or regulating the
supplies of utility services;
(f) Theft or diversion and/or use of service without payment therefor;
(g) Refusal to allow inspection of property provided with utility services;
(h) Vacancy of premises.
Affected customers will be notified as circumstances permit. It is the policy of
the city to provide customers with notice and a meaningful opportunity to be heard on
disputed issues. Any customer disputing the correctness of any action has a right to a
hearing at which time he may be represented in person and by counsel or any other
person of the customers choosing and may present orally or in writing his 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 complaint.
Page 2 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
Section 9. Liability of city for damage.
The city shall not be liable for any damage of any customer 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.
Section 10. Utility service —Application required.
Any person desiring any utility service furnished by the city shall make
application for 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 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 for all utility service used
from the date of the last payment made on such account previous to his occupying said
premises and the failure to pay same shall be cause for disconnecting such service until
the amount due is paid.
Section 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 misdemeanor.
(b) Any consumer 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 guilty of a misdemeanor.
Section 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.
Section 13. Utility Service — Permit.
Approval of the application for any utility service by the Public Works Director
shall be deemed permission for such service.
Section 14. Utility Service — Use assumed.
Page 3 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
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.
Section 15. 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 misdemeanor.
Section 16. Damage, trespass of equipment.
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 city to consumers, or to
in any other way molest, damage or trespass upon any equipment or premises belonging
to the city connected with any utility service.
Section 17. 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 service is necessary for the maintenance and
improvement of the utility system, affected customers will be notified as circumstances
permit.
Section 18. 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.
Section 19. Sale of service by customer.
It shall be unlawful for any person to resell to others any utility service obtained
from the city except only by special arrangement with the City Council.
Section 20. Connection to service.
Connections for any utility service furnished by the city shall be made only under
the supervision of the city council.
Section 21. Separate connections.
Every building, structure or consumer 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.
Page 4 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
Section 22. 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 said city. Any person
violating provisions of this section shall be guilty of a misdemeanor.
Section 23. Maintenance of system by consumer.
(a) The consumer of any utility service furnished by the city shall 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 is grounds for
discontinuation of all utility services to the consumer.
(c) Any person who shall fail to maintain and keep in good repair all connections,
yard lines, clean outs, appliances and other apparatus used in connection with the utility
shall be deemed in violation of a misdemeanor, and each such person shall be deemed
guilty of a separate offense for each day or portion thereof during which any violation of
this section is committed, continued or permitted, and each violation shall be punished by
a fine not to exceed two thousand dollars ($2,000.00) for each offense.
Section 24. Services to out -of -city consumers not required.
The city is not required to furnish utility services to consumers beyond the
corporate limits, or to continue to supply, once begun, such services. The city reserves
the right to provide services to such consumer(s) it deems advisable and to, at any time,
wholly or partially, discontinue such utility services to any consumers located outside the
corporate limits of the city.
Section 25 — 33. Reserved.
ARTICLE II — WATER UTILITY
Section 34. General Regulations
Page 5 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
(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 city's pumping plants and storage facilities.
(b) If an accident impedes the city's ability to supply water to its patrons 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 patron of the water system or to any person
or persons whose property may have been destroyed by fire or otherwise damaged.
Section 35. Out of City Water Service.
If any person, corporation, firm, or business entity located outside the city limits
desires city water service and pays all expenses incurred in extending the water mains
and secures all necessary easement, so that the city incurs no expense in such connection,
and the city elects to provide such water service to such patron, and provided all mains
and lines installed shall meet the requirements and approval of the Director of Public
Works, then such patron shall be furnished water at a rate of one hundred fifty percent
(150%) of the "in city" rate.
Section 36. Waste of Water.
In case of willful or unreasonable waste of water by any customer, the city shall
have the right to cut off the water supply and recover all damages. Such action of cutting
off the water supply may be taken by the Director of Public Works at any time after he
shall learn of such waste.
Section 37. 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 through
mains owned or controlled by the city and which shall be located in the streets, between
the curb 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 customers property nearest to the city water main or where approved by the Public
Works Director and the customer shall be responsible for the maintenance of the service
line past 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 owners 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
Page 6 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
system fee, and the difference between assessment and actual cost of such breaking and
replacing shall be billed or refunded to the 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 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.
Section 38 Bypassing Meters.
No person shall interfere with or bypass the city'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.
Section 39 Secondary taps and dual connections prohibited.
No 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.
Section 40. 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 Director of Public Works 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 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.
Section 41. Access to Meter.
If easy access to a meter is obstructed by a 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 patron does not remedy the condition or should he refuse to pay the
estimated bill, the city shall have the right to discontinue water service without further
Page 7 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
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 owner shall install the
service line to connect to the new meter at the patron's expense.
Section 42. Unlawful connections.
(a) If water from the city water supply system or water from a certificated water
supply corporation is available within two hundred (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.
(c) Any person who shall make any connection in any manner from the city water
supply system in any other utility system, private or otherwise, shall be deemed guilty of
a misdemeanor, and each such person shall be deemed guilty of a separate offense for
each day or portion thereof during which any violation of this section is committed,
continued or permitted, and each violation shall be punished by a fine not to exceed two
thousand dollars ($2,000.00) for each offense.
Section 43 — 51 Reserved.
ARTICLE III — SEWER UTILITY
Section 52. Definitions.
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 are 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).
Section 53. Sewer Service Required; Exceptions.
Page 8 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
(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
waste disposal within the city limits, except when the structure to be served is more than
one hundred fifty (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.
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
reasonable accessible within one hundred fifty (150) feet of such structure.
Section 54. 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 "y". 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 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.
Section 55. 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
Section 56. Stoppage or obstruction of sewer system.
Page 9 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
(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, gases, oils,
grease, or any other material which would or could obstruct, 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.
Section 57. Infiltration of rain or ground water.
It shall be unlawful for any person to allow rain or ground water to enter house
sewers by any means, including but not limited to, any yard line, clean outs and gutter
drains. If after notice by the Public Works Director, or his agent, such condition is not
remedied within ten days, water service to the customer may be disconnected.
Any person that allows infiltration of rain or ground water into the sewer system
from a house sewer shall be deemed guilty of a misdemeanor, and each such person shall
be deemed guilty of a separate offense for each day or portion thereof during which any
violation of this section is committed, continued or permitted, and each violation shall be
punished by a fine not to exceed two thousand dollars ($2,000.00) for each offense.
Section 58. Cesspools Prohibited.
It shall be unlawful for any person to dig or install any cesspool within the city or
repair any existing cesspool.
NOTE: See Separate Industrial Waste Ordinance
Section 59 — 67 Reserved.
ARTICLE IV. WATER & SEWER MAIN EXTENSIONS
Section 68. 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 were 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.
Page 10 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
Section 69. Extension requested by others.
Any person, firm, or corporation 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..
Section 70. Cost of extensions requested by other.
Except where otherwise provided by intergovernmental contract with another
governmental entity, 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, firm, or corporation making the request, and payment shall be
made to the City for any such extensions prior to commencement of construction of said
extension.
Section 71. 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 time. No
water or sewer main shall be installed in the City smaller than eight (8) inches in
diameter.
Section 72. 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.
Section 73. Pro -Rata line charges.
No Pro -Rata line agreement shall be approved that extends more than five (5)
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.
Section 74 — 87 Reserved.
ARTICLE V. GARBAGE AND REFUSE SERVICE
Section 88. Sanitation Collection Service Required.
Every person owning, managing, operating, leasing or renting any premises or
any place where garbage or rubbish accumulates shall subscribe to a sanitation collection
service. It is unlawful for any person to dispose or disburse any garbage or trash in any
place other than the designated sites. It is unlawful for anyone to deposit or dump
Page 11 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
garbage or trash upon any drain, gutter, alley, sidewalk, parkway, street, or vacant lot
except in receptacles as outlined.
Section 89. Container Required.
It shall be the duty of every person subscribing to the sanitation collection service
to provide a container or containers for garbage and refuse, sufficient in size and number
to accommodate and securely keep all garbage and refuse that may accumulate between
collections. Garbage containers shall have a capacity of not more than thirty (30) gallons
and the receptacles and contents cannot exceed fifty (50) pounds. Garbage containers
shall be watertight and constructed of a light weight solid and durable grade of metal,
plastic, or paper material. Tree limbs, shrubs and yard cuttings cannot exceed four feet
(4') in length, six inches (6") in diameter and must be tied securely in bundles weighting
less than fifty (50) pounds. This section is not applicable to commercial accounts that are
provided with a commercial container including dumpsters or roll off containers.
Section 90. Placement of Containers.
It shall be the duty of every person subscribing to the sanitation collection service
to place such garbage containers directly behind the curb -line of the street or alley
abutting such property or in the absence of a curb directly behind the ditch -line abutting
such property or in the place directed by the Public Works Director. 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 twenty-four (24) hours of scheduled
pickup.
Section 91. 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.
Section 92. 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
Page 12 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
in any dumpster or roll off container unless the person has the written permission from
the subscriber of the service.
Section 93. 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.
Section 94. Unauthorized Private Collections Prohibited.
It shall be unlawful for any person to transport 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.
Commercial dumpster and/or roll -off customers are exempted from this section
until the termination of the existing solid waste collection contract in effect at the time of
adoption of this ordinance.
Section 95. 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.
Section 96. Rules, Regulations, and Prohibited Acts.
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.
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.
Accumulations such as building debris, automobile parts, large dead trees must be
disposed of at the expense of the owner or contract with the franchise contractor.
Page 13 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
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.
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.
Manure from cow lots, horse stables, poultry yards and waste oils from garages
and filling stations must be disposed of by the owner.
Section 97. 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 customers premises as arranged between the 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 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 (1)
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.
Section 98. Contract and/or Franchise for Private Collection Required; Exception
(a) No person shall collect, remove, or dispose of garbage containers or trash
receptacles or transport garbage or trash on the streets, alleys, or public thoroughfares of
the city except duly authorized 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. This section shall not apply to the transportation
of garbage, trash, or brush from outside the city to a disposal site outside the city.
(b) All trucks and containers used for the collection and transportation of garbage
and trash shall be clearly marked with the owner's name and telephone number in letters
and figures not less than two (2) inches high.
Page 14 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
(c) Individuals desiring to occasionally remove brush, debris, or trash from their
own residence or business may do so if they have regular service from the city's
contractor.
Section 99. Out -of -City Services
The city is not required to furnish garbage services to consumers beyond the
corporate limits, or to continue to supply, once begun, such services. The city reserves
the right to provide services to such consumers it deems advisable and to, at any time,
wholly or partially, discontinue such services to any consumer located outside the
corporate limits.
Section 100 — 111 Reserved
ARTICLE VI. RATES AND CHARGES
Section 112. 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.
Section 113. Deposits, connection and transfer fees for water service.
All consumers prior to using 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 shall be in the following amounts:
(a) Three quarter inch (3/4") meter .......................... $150.00
(b) One inch (1") meter ................................... $200.00
(d) Two inch (2") or larger meter ............................ $500.00
(e) Temporary fire plug meter with Back Flow Prevention ....... $1,500.00
Page 15 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
All consumers that are disconnected for nonpayment of a bill more than two (2)
time in a 12 month period must increase their deposit by 100% before the account may be
reconnected.
All consumers prior to using of water from the city water system must pay a
service connection fee of $10.00 which is not refundable.
Section 114. 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 of 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.
Section 115. Effect of transfer, moving.
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 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.
Section 116. Meters —Generally.
Meters for the measurement of utility services shall be furnished and installed by
and shall remain the property of the city. All consumers shall be responsible for any
damages 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 consumers shall be
required to pay to the city the actual expense for necessary repair to same before the
utility service is reconnected.
Section 117. Same —Rereading meters.
Any municipal utility meter shall be reread upon complaint of the consumer and
when the meter is found to have been correctly read originally, the complaining consumer
shall pay a fee often dollars ($10.00). Any municipal water meter shall betaken out and
tested upon request of the consumer and if, upon test, the meter is not within three (3) per
cent of being accurate, it shall be repaired or replaced and the water bill adjusted
appropriately up to a maximum of three month. If upon test the meter is found to be
Page 16 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
within three (3) per cent of accuracy the consumer shall pay a fee of fifty dollars
($50.00).
Section 118. Rate schedule for water sewer and trash.
The water, sewer, and trash rates set by prior ordinance if not in conflict with this
ordinance remain in effect and my be changed from time to time by ordinances in the
future.
Section 119. When payment due.
All bills for utility services furnished by the city shall be due and payable, in full,
prior to midnight of the tenth (15th) of the month or 15 days after the utility bills are
mailed, whichever is later; provided, however, that if such date shall fall on a Saturday,
Sunday or a legal holiday observed by the city, than such bill shall be due and payable by
midnight of the following business day. Bills pay after their due date shall have ten
percent (10%) added to the gross outstanding bill. The city shall be entitled to collect a
service fee of $25.00 for all checks given in payment of bills for utility services or
charges that are returned unpaid.
Section 120. Disconnection for nonpayment.
Water, sewer, and garbage collection services to any customer are subject to
discontinuation after ten (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 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 deposit have been made.
(b) It is the policy of the city to discontinue utility service to customers 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 should 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, who is in charge of billing, clearly
visible and easily readable provisions to the effect:
(1) That all bills are due and payable on or before the 15th of the month or
on or before 15 days after mailing of utility bills, whichever is later;
(2) That if any bill is not paid by or before ten (10) day after the bill is
due and payable, service will be discontinued for nonpayment; and
Page 17 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
(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.
Section 121. Reconnection after disconnection.
(a) In the event that utility service is disconnected for nonpayment of the bill, the
consumer thereof shall have the right to have the same reconnected only upon the
payment by the consumer of all outstanding utility charges owed to the city, and in
addition a reconnection fee of fifty dollars ($50.00) if the request is during normal
business hours. If the consumer turns the water back on, the meter shall be removed or
locked, and the reconnection fee shall be one hundred dollars ($100.00) plus cost to
repair any damage to the meter, cut off, or lock. If the payment and request is outside of
normal business hours an additional fifty dollars ($50.00) shall be added to the
reconnection fee.
(b) In the event that utility service is temporarily disconnected at the request of
the consumer, a service charge of ten dollars ($10.00) shall be charged 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 fifty dollars ($50.00) shall be added to
the fee.
Section 122 Voluntary discontinuance of service.
Consumers wishing to discontinue the use of any utility service shall give written
notice thereof at the city hall. Failure to do so shall render them liable for the payment of
all bills until such notice has been given.
Section 123. Franchised public utilities.
The City Council shall fix and approve the rates charged by any private 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.
Section 124. System Connection Fees.
Each consumer requesting to connect to the water or sewer system shall pay to the
city a connection fee based on the size of the tap connecting the service to the water or
Page 18 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
sewer main. This fee is payable only at the time the connection is made to the water or
sewer system through a new tap. This fee includes the installation fee of a new tap.
(a) Water System Connection Fee:
Three quarter inch (3/4") tap $750.00
One inch (1") tap $850.00
Two inch (2") tap $1,000.00
Two inch (2") Compound tap $1,500.00
Four inch (4") or larger tap $3,500.00
(b) Sewer System Connection Fee:
Four inch (4") tap $750.00
Six inch (6") tap $1,000.00
The fee for taps greater than six inches shall be set by the City Council.
Section 125 — 139 Reserved.
ARTICLE VII
Section 140. Penalty.
Any person or corporation violating any of the provisions of this ordinance, except where
specified otherwise in the ordinance shall upon conviction be fined a sum not to exceed
five hundred dollars ($500.00) per day and each and every day that the provisions of this
ordinance are violated shall constitute a separate and distinct offense.
Section 141. Severability and Conflict.
If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall
be adjudged invalid or held unconstitutional, the same shall be severed from and shall not
affect the validity of this ordinance as a whole or any part or provision thereof other than
the part so determined to be invalid or unconstitutional. To the extent any provision of
this ordinance conflicts with other prior ordinance of the City of Anna, the terms of this
ordinance shall control.
Section 142. Effective Date.
Page 19 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003
This ordinance shall be effective upon the posting and/or publication of its caption as
required by law 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, on this the 12th day of
November; 2003.
Aye: 4
Nay: 0
Abstain: 0
APPROVED:
r-
Kenneth Pelham, Mayor
ATTEST:
Wayne E. Cummings, City Secretary
Page 20 of 20
ORD 112-2003 Utility Ordinance.doc Adopted 11/12/2003