Article 11.100: Water
System Service Charges
Article 11.200: Sanitary Sewer System Service Charges
Article 11.300: Utility System Billing Policies
Article 11.400: Water System Operating Policies
Article 11.500: Sewer System Operating Policies
Article 11.600: Water Conservation and Drought Contingency
Article 11.700: Dumpster Usage
Article 11.800: Drilling Operations
Article 11.900: Gas Rates
Article 11.1000: Natural Gas Transportation
Sec. 11.101 Water Rates
Monthly water rates are hereby established as provided for in the fee schedule found in the appendix of this code.
Sec. 11.102 Water Connection (Tap) Fees
Fees for connection to the city water system are hereby established as provided for in the fee schedule found in the appendix of this code.
Sec. 11.201 Sewer Service Charges
Monthly sewer service charges are hereby established as provided
for in the fee schedule
found in the appendix of this code.
Sec. 11.202 Sewer Connection (Tap) Fees
Fees for connection to the city sewer system are hereby established as provided for in the fee schedule found in the appendix of this code.
Sec. 11.301 City Utility Service Mandatory
Connection with the city water and sewer systems is mandatory
when such services are
deemed by the city to be available to serve the property.
Sec. 11.302 Billing Dates at Discretion of City Administrator
The city administrator (at his/her discretion) may permit the periodic reading of meters of the city water system and establish a closing date for the monthly readings at some date other than the end of the month in order to facilitate the mailing of bills.
Sec. 11.303 Due Date
An bills for services rendered by the utility system shall be paid within ten (10) days from the date of receipt of such bill, and bills not paid within such ten day period will be subject to a ten (10) percent penalty. All services will be discontinued after a seven (7) day late payment notice. In the event of discontinuance of service for non-payment, an additional charge as provided for in the fee schedule found in the appendix of this code will be assessed for reconnection to the system.
Sec. 11.304 Deposits
(a) Deposit. Upon application for utility services, applicants
shall pay the city a utility
deposit as provided for in the fee schedule found in the appendix of this code.
(b ) Refunds of Deposit. Any deposit made to the city by an applicant shall be held by the city until such applicant's utility service for which the deposit was made shall be terminated. Upon termination of such services, the applicant shall be entitled to a refund of said deposit, less any amount which is due and owing to the city. No interest shall be paid by the city on deposits..
Sec. 11.305 Service Calls After Hours
A charge as provided for in the fee schedule found in the appendix of this code shall be charged for service calls requested by the customer after normal business hours.
Sec. 11.401 Scope of City's Undertaking in Furnishing Water
In the sale of water by the city to any person within the city, and in the supply of water for municipal use for the protection of properly against fire, the city does not agree, nor is the city bound to furnish water for any special, or specified amount, but only undertakes to furnish such water and the amount of water that may be supplied from the wells of the city, or other such sources as they may select, and in the amount within the capacity of the source and the city's pumping capacity.
Sec. 11.402 Rules Constitute Agreement
All patrons of the water system of the city before being furnished water by the city must agree and do agree, by the request for water service from the city water system, to comply with applicable rules and regulations of the city council, as well as all provisions of this chapter.
Sec. 11.403 Water Meter Required
Water from the city water system shall be sold and delivered by the city through its mains only to patrons at whose premises water meters are installed, from water meter readings, and water meter computations only. The provision of this section shall not apply to cases where bulk water is sold by the city through hydrants or fire hydrants.
Sec. 11.404 Separate Meter for Each Residence or Building in New Service
For any service hereafter installed, each individual residence or building making connections with the city water system shall have a separate meter, and no new connection shall be made by the city unless such individual residence or building is separately metered. [Exception: Section 11.101(3)]
Sec. 11.405 One (1) Meter in Apartment Unit
Any number of apartments on one (1) plot of ground and constructed in one (1) building shall constitute a bona fide apartment unit and shall be entitled to service through one (1) meter. In all such cases, each apartment shall constitute a separate unit, and the entire amount of water consumed and registered through such meter shall be billed to the person, firm, or corporation owning such apartment unit or units and shall include an additional minimum for each apartment.
Sec. 11.406 Separate Meters for Apartment Units or Apartment House
Where apartment units or apartment houses are served with separate meters for each apartment, the entire amount of water consumed through each meter shall be billed to the person in whose name such water service is registered, the same as to single-family dwellings.
Sec. 11.407 Meter Testing
If a patron complains of charges for water supplied to him/her and if he/she demands that the meter supplying his premises be tested, the city water department shall remove and test the meter, provided the consumer or his/her representative shall witness such testing, and if it is found that the meter will not register in error more than two (2) percent fast, the consumer shall pay the amount as provided for in the fee schedule found in the appendix of this code for making the test and no adjustment of the charges shall be made. If, however, the meter shall register more than two (2) percent fast, the consumer shall pay no fee for such test, and the water department shall make appropriate adjustments in the water service charges.
Sec. 11.408 Temporary Termination of Services
The city administrator may, at any time, without notice, order water cut off for repairs, extension or other purposes from any premises connected to the system.
Sec. 11.409 Tampering With or Injury to System
It shall be unlawful for any person to tamper with, injure or deface any hydrants, stop O cocks, standpipes, or other city water system fixtures, or use, or take from the city water system any water except m accordance with rules and regulations governing such system, or use or injure any water pipe or any property whatever belonging to the city water system, except as permitted by the regulations of this chapter.
Sec. 11.410 Cross Connection with Other Sources
Cross connections between piping receiving water from city water and piping receiving water from any other source is positively forbidden, and the city reserves the right when there is existence of any such cross connection to immediately and without further notice disconnect the service connecting with piping with the city main. Anyone desiring to use water from some other source in addition to the city connection may do so by direct petition to the city council.
Sec. 11.411 Taps-Consent of City Required
No patron of the city water system shall permit any person to tap any water pipe leading into his/her premises without the consent of the city.
Sec.11.412 Person Authorized to Make Taps
No plumber or other person, except the city water department, or other person acting under the direction of the city, shall be allowed to tap any water pipe leading into his/her premises without the consent of the city.
Sec.11.501 Prohibited Discharges
No person may discharge into public sewers any waste which,
by itself or by interaction
with other waste, may:
(1) Injure or interfere with the wastewater treatment process or facilities;
(2) Constitute a hazard to humans or animals; or
(3) Create a hazard in receiving waters of the wastewater treatment effluent.
Sec. 11.502 Tampering with Public Sewers Prohibited Without Permit
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.
Sec.11.503 Old Building Sewers May be Used if Tested
Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the city, to meet all requirements of this Code of Ordinances.
Sec.11.504 All Main Extensions to Comply with Regulations and Other Ordinances
All utility main extensions shall be constructed in accordance with the city's regulations and any other applicable city ordinance and/or state and/or federal regulations.
If additional easements are required to extend the main, the applicant requesting such extensions shall provide the city with all necessary easements as is required by the city . Such costs to obtain such easements shall be borne by the applicant. Extensions shall only be made in either a dedicated street right-of-way, alley, or easement approved by the city.
Sec.11.506 Mains to Extend to Border of Property for Future Extensions
All utility main extensions to serve properly must be extended to the borders of such property in order to allow for .future extensions, regardless of whether or not such extensions are required for service with such property. However, m lieu of this, the developer may dedicate such utility easements to all borders of his/her property to the city, if agreed to by the city.
Sec.11.507 City Not Obligated to Make Extensions
In no event shall the city be required to make extensions under these provisions if funds are not available for this purpose.
(Ordinance adopting Code)
(a) Approval of the Plan. The city council hereby approves and adopts as the city's water conservation plan the Water Conservation/Emergency Water Demand Management Plan maintained on file in the office of the city administrator to be included in full as a part of this article as if recited verbatim herein. The city commits to implement the program according to the procedures set forth in the adopted plan.
(b) The city shall report to the Texas Water Development Board annually on the implementation and effectiveness of the plan in accordance with the outline set forth in V the plan.
(c) In regards to implementation and enforcement of the Water Conservation/Emergency Water Demand Management Plan, the public works director and the city manager of the city are designated as the officials responsible for implementation and enforcement, and the following guidelines adopted:
(1) Mild Conditions. At any time the average daily water use approaches 75% of well field pumping capacity for three consecutive days, the city council shall be authorized to request voluntary compliance by all users and initiate other measures in accordance with the Water Conservation/Emergency Water Demand Management Plan as set out in the said attached plan.
(2) Moderate Conditions. At any time the average daily water use occasionally reaches 90% of firm well field pumping capacity for three consecutive days, and/or, the net storage in raw water reservoirs is continually decreasing on a daily basis and falls below 60% capacity for 48 hours, and/or water pressures approach 40 psi in the distribution system as measured by the pressure gauges in the system, the city council shall implement compulsory compliance by all users in accordance with the Water Conservation/Emergency Water Demand Management Plan as set out in the said plan.
(3) Critical Conditions. At any time the actual failure of a major component of the system which would cause an immediate health or safety hazard and/or water demand is exceeding the system capacity for three consecutive days and/or the groundwater wells are insufficient to supply the daily water demand and/or all raw water is being pumped from the system' s storage reservoirs and replenishment of these reservoirs has stopped, a penalty shall be imposed on all users not acting in compliance with the Water Conservation/Emergency Water Demand Management Plan in accordance with the standards of usage outlined within the plan and with the penalties established therein.
In the event that item 3, Critical Conditions, persist for an extended period of time the city may ration water usage or terminate service to selected users of the system in accordance with the following sequence.
First: Industrial Users
Second: Commercial Users
Third: Residential Users
Last: Public Health and Safety Facilities
(d) Users of city water, except for the city, that do not comply with subsection (c) of O this article shall be subject to a penalty and fine in accordance with the general penalty provision found in Section 1.106 of this code per day for each day of non-compliance and/or disconnection or discontinuance of water services to such users by the city.
(Ordinance 01-02-98 adopted 1/26/98)
Sec. 11.701 Definitions
Garbage. Used in this article shall be held to
mean kitchen, household, or business waste
such as, but not limited to, paper, cardboard, plastic, glass, tin cans, food containers, or clothing, all in proper containers and properly placed in the dumpsters for collection.
Container or Dumpster. Used in this article shall be held to mean garbage or waste container, made of heavy gauge metal with hinged lids for access, and owned by Triple C Waste Services of Idalou, Texas and serviced regularly to haul off waste. The waste company will provide enough dumpsters to any given alley or street to effectively handle the load produced from the residences. The city administrator will have the authority to set the number of dumpsters needed to adequately handle the load of any given alley or street.
Prohibited Waste. Used in this article shall
be held to mean brush, branches, tree ~ trimmings, hedge trimmings,
leaves, dead animal carcass, wood, lumber or any related
building products, concrete, bricks, or any related masonry products, roofing materials, appliances ( such as but not limited to washers, dryers, water heaters, T. V' s, microwaves, furniture, mattresses, or anything containing freon), paint, varnish, lacquer, lacquer thinner, antifreeze, oil, oil filters, tires, batteries, chemicals, herbicides, insecticides, any hazardous and or toxic material, or container thereof, grease or like by-products from eating establishments, or any product or item that the Environmental Protection Agency deems inappropriate for disposal in a landfill.
Yard Waste. Used in this article shall be held to mean grass, grass clippings, weeds, flowers, leaves, sod, dirt, brush, small tree branches or trimmings, hedge trimmings, or any other material derived from basic yard maintenance.
Inspections. Used in this article shall mean that the operator of the collection truck will perform routine random spot checks of dumpsters to attempt to enforce the prohibited items.
Property. Used in this article shall mean the entire lot from property line to property line. .The property will include the alley right of way directly behind each individual lot.
Property Owner. Used in this article shall mean the official recorded person on the city of Lorenzo tax role.
Non Resident or Propertv Owner. Used in this article shall mean any person, persons, firm, business, corporation, or employee thereof residing or established outside the existing city limits.
Sec. 11.702 Prohibited Waste or Material
(a) The Environmental Protection Agency has deemed certain items are no longer acceptable in landfills. The city of Lorenzo contracts with Triple C Waste Services of Idalou who contracts with the city of Lubbock to dispose of all collected waste in the Lubbock Landfill.
(b) Records and statistics indicate that 25% of the volume in the landfills today are directly related to yard waste. Property owners or their tenants are urged to construct compost bins and place all yard waste in the bins so that decomposed products may be used in flower beds or on yards. Also, mulching mowers are believed to eliminate the need to collect or catch the grass clippings.
(c) Grass clippings and other miscellaneous yard waste. at this time is still being accepted at the landfill; however, In order to prolong the life of the dumpsters and to make collection of the various yard waste easier the city Council has deemed it necessary to require all yard waste placed in city dumpsters to be bagged and secured in plastic bags.
(d) Yard waste is of great concern to landfill owners but equally important is the prohibited items or products; therefore, everyone is urged to carefully consider the consequences of placing items in the dumpster other than domestic waste.
(e) It shall be deemed a violation of this article for any person or persons to place any prohibited item in the city dumpsters. It shall further be deemed a violation of this article for any person, persons, business, or employee thereof to place grass clippings or yard waste in dumpsters that is not bagged in an acceptable manner .
(f) City workers will inspect and routinely monitor or spot check each city dumpster to assure that everyone is complying with the new laws. If prohibited waste is found in a particular dumpster the sanitation employee will not dump or collect the waste inside the dumpster but rather turn over the find to the city administrator and the Lorenzo Police Chief for investigation and enforcement.
Sec. 11.703 Burning
Because of liability concerns and the potential for loss of property and destruction of adjoining property, it shall be deemed a violation of this ordinance for any citizen, person, persons, business, firm, or employee thereof to openly bum within the city limits of Lorenzo, Texas any garbage, paper, trash, brush, grass, grass clippings, weeds, leaves, tree trimmings, wood, building materials, or any other waste material without proper notification to, and written consent from, the city fire officials.
Sec. 11.704 Property Appearance
(a) It shall be deemed a violation of this article for any person, persons, firm, business, corporation, or employee thereof, to place, deposit, throw, permit or cause to placed, deposited, or thrown, any garbage, brush, loose waste, or refuse of any kind on any public or private property or outside of any house, building, dwelling, or tenement in the City of Lorenzo.
(b) It shall be the responsibility of each property owner to keep his or her property .clean and free from large unsightly vegetation such as but not limited to weeds, tall grasses, leaves, lawn trimmings, hedge trimmings, tree trimmings, and animal waste or any other waste which might promote the breeding of mosquitoes or rodents. Property as used in this article is meant to include alley right of way. Each property owner is expected to keep his or her alley right of way clean of any loose garbage, loose waste, grass clippings, building materials, or appliances.
(c) It shall further be the responsibility of the property owner to keep his or her property free from appliances such as but not limited to refrigerators, freezers, water heaters, furniture, plumbing fixtures, building supplies or debris, or any other items that could be considered undesirable or offensive.
(d) Each property owner will be responsible for the removal and disposal of any prohibited waste on or from his or her property. The city maintenance crews will not dispose of prohibited waste and hereby have the authority to remove all prohibited waste from the dumpsters. Every attempt will be made to determine who placed the prohibited waste in the dumpster and he or she will be responsible for proper disposal.
Sec. 11.705 Prohibiting Dumpster Usage
It shall be deemed a violation of this article for any person, persons, firm, business, corporation, or employee thereof, outside the existing city limits of Lorenzo to bring in, place, deposit, or drop off garbage, waste, or other materials in any city dumpster inside the existing city limits without the expressed consent of the person, persons, firm, business, or corporation responsible for using the dumpster .
Sec. 11.706 Penalty
(a) Any person or persons who violates a provision of this article or subsections of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine in accordance with the general penalty provision found in Section 1.106 of this code. Each transaction or infraction in violation of any provision, section, or subsection r'\ of this article shall be deemed a separate offense.
(b) Written notice will be given each and every property owner who is in violation of any section, subsection, or paragraph of this article and in the event the same said violation remains for fourteen (14) consecutive days it will be deemed that the property owner has no intent or desire to correct the violation. A violation such as this shall constitute a misdemeanor and shall be subject to the penalties provided in this article. In addition the city of Lorenzo will take any and all necessary steps or actions to correct the violation, including but not limited to coming upon the property in question and cleaning up the violation or removing the violation.
(c) If city crews are forced to clean or remove waste from
property within the city limits the following charges will be
used as a base or minimum charge, and will be in addition to any
fine or fines levied. If any property owner or occupant desires
the city to clean up any property to avoid fines the charges as
provided for in the fee schedule found i in the appendix of this
code will also prevail.
(Ordinance 0-06-97 adopted 7/14/97)
(a) That from after the date of the passage of this article
it shall be unlawful for any 1 person, firm or corporation to
drill, construct, operate or maintain well or wells within said
city limits for the purposes of bringing to the surface of the
ground any of the percolating subterranean and/or underground
water; provided, however, that this ordinance shall not apply
to any well or wells existing and in operation within said city
on the date of the passage of this article, or the replacement
thereof; nor shall the same apply to any wells which, in the opinion
of said city commission, are required to be drilled by it for
the purposes of obtaining and furnishing additional water for
the general public use of the said city, and/or for the preservation
and protection of the public health, safety , morals and general
welfare of inhabitants of said city. The owner of any existing
well to be replaced shall be required to secure a permit from
the city commission for the drilling and operating thereof.
(b) Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be fined in accordance with the general penalty provision found in Section 1.106 of this code, and each day that such violation continues, shall constitute a separate offense.
(Ordinance 104 adopted 9/26/68)
Sec. 11.901 Rates
(a) That Energas Company, its successors and assigns may make charges for the sale of natural gas and natural gas service to its customers who use natural gas within the City of Lorenzo as provided for in the fee schedule found in the appendix of this code.
(b) Bills rendered under the foregoing rate shall be subject to adjustment each month to the nearest .01 per Mcf for (1) change in the weighted average cost of gas to the company's supplier or suppliers for its West Texas Distribution System above or below 313 .40~ per Mcf at 13.6 psi and (2) changes in revenue taxes and lost gas expense associated with such changes in weighted average cost of gas.
That the adjustments described in Section 11.901 of this article shall be implemented in the following manner:
(1) Prior to the end of each month Energas Company shall notify the city of (A) the actual weighted average cost of gas for the previous month and (B) the estimated cost of gas for the current month, which will be used for billing purposes beginning with bills rendered on the first day of the following month.
(2) Any over or under collection of revenues resulting from the estimated cost of gas billed during a month being different from the actual weighted average cost of gas for such month shall be placed in a correcting account and eliminated through subsequent billings. The correction account shall be kept to a minimum at all times and shall be audited by Arthur Young and Company on a quarterly basis. Moreover, Energas Company shall periodically or upon request inform the city of the current balance in the correcting account and make its records available to representatives of the city upon request.
(3) A factor of 1.091395 shall be applied to the change in cost of gas to compensate for the associated change in revenue taxes and lost gas expense, Provided that the tax recovery portion of such factor is based upon local and state tax rates which are in effect as of the date of this ordinance. Should the rate of anyone or more of such taxes be hereafter increased, Energas .Company shall be entitled to adjust the aforesaid factor accordingly.
Sec.11.903 Access to Records
If requested by the city, Energas Company shall, by March 1 of each year, furnish the city with the detail of gas purchased for its West Texas Distribution System during the previous calendar year as filed with the Railroad Commission of Texas. The city may, as it deems desirable, examine books and records and make audits to determine the accuracy of the cost of gas purchased.
The above net rate included a 10% discount for payment of bills within 15 days after issuance. For all bills paid after such period, the gross rate will apply. The cost of gas adjustment per Mcf shown on the gas bill is the net amount and must be converted to a gross amount for bills paid after the due date.
Sec.11.905 Effective Date of Rates
The rate prescribed herein shall become effective for all bills rendered on and after November 1, 1984, and Energas Company shall file with the city on or before said date (1) a written acceptance of the rates approved herein and (2) a schedule or tariff setting forth such rates.
(Ordinance 10-A-84 adopted 10/17/84)
Sec. 11.1001 Definitions
Consumer. Shall mean any individual person, corporation,
company, partnership, firm,
unincorporated association, trust, state agency, governmental entity, political subdivision of the state, school district, institution of higher learning, or public corporation that uses or consumes natural gas within the corporate limits of the city.
Permit. Shall mean the right, license, and privilege granted by the city to a consumer or seller to use the public ways for the purpose of transporting gas owned by any party other than transporter and to be used or consumed by consumer.
Permittee. Shall mean a consumer or seller granted a permit under this article.
Pipeline System. Shall mean a gas system installed in the public ways and consisting of works, pipes, pipelines, apparatus, machinery , structures, appliances, and appurtenances reasonably necessary for the sale, transportation, or distribution of natural gas.
Public Ways. Shall mean any street, alley, avenue, boulevard, lane, park, parkway, sidewalk, driveway, utility easement, right of way, and any other public ways, places, areas, or grounds within the corporate limits of the city as now constituted or as may be added hereafter.
Purchase Price. Shall mean the total purchase price paid by a consumer to a seller for V natural gas that is used or consumed within the corporate limits of the city and that is transported to the consumer through a pipeline system.
Seller. Shall mean any individual person, corporation, company, partnership, firm, unincorporated association, trust, or public corporation (excluding, however, any transporter) that sells natural gas to any consumer, which natural gas is transported to the consumer through a pipeline system.
Transporter. Shall mean any individual person, corporation, company, partnership, firm, unincorporated association, trust or public corporation that transports and delivers gas owned by any party other than transporter through transporter's pipeline system.
Sec.11.1002 Permit Required
(a) No consumer shall receive, directly or indirectly, gas within the city that was purchased from a seller outside of the corporate limits of the city and that is to be transported through any pipeline system installed in the public ways unless the consumer or the seller shall hold a valid permit from the city. Such permit shall be issued for the purpose of granting the permittee authority to use the public ways.
(b) After the operative date of this article, no transporter shall enter into any agreement ~ or arrangement by which natural gas owned by any party other than such transporter shall be transported through any portion of transporter's pipeline system for delivery to any consumer within the corporate limits of the city unless (1) the consumer or seller shall have obtained a permit from the city for the use of the public ways in transporting and delivering gas pursuant to such agreement or arrangement, (2) if requested by the city, transporter agrees, to collect from the permittee any and all fees to be paid pursuant to such permit and to remit such fees so collected to the city on a monthly basis, and (3) transporter agrees to report to the city, on a monthly basis, all volumes transported through its pipeline system for delivery to any consumer within the corporate limits of the city pursuant to any such agreement or arrangement.
(c) This article shall not apply to or affect any transportation agreements or arrangements that are in existence as of the effective date of this article.
Sec. 11.1003 Fees
In consideration of the issuance of a permit by the city , a permittee shall pay to the city a fee for the use of the public ways in an amount equal to percent (%) of the purchase price of the gas transported or delivered within the city during the preceding calendar month for consumption or use within the corporate limits of the city.
Sec. 11.1004 Permit Requirements
Any peffi1it issued shall contain the following material terms:
(1) The peffi1ittee shall pay the fee set forth in Section 11.1003 to either the city or transporter, as the case may be, on a monthly basis, according to the city's direction; and
(2) The peffi1ittee shall grant to the city the right to audit at reasonable times the books and records of the peffi1ittee to verify the correct payment of the fee set forth in Section 11.1003.
Sec. 11.1005 Penalties and Revocation
(a) Any consumer or seller adjudged guilty of operating without the peffi1it required by \ Section 11.102 shall be subject to a fine in accordance with the general penalty provision I found in Section 1.106 of this code, and each day of a continuing violation shall be deemed a separate offense .
(b) A peffi1it may be revoked by the city at any time upon
ten days prior written notice
to the peffi1ittee and transporter.
(Ordinance 0-03-B-88 adopted 4/11/87)