Ord. 0220-12 2021-22-03ORDINANCE NO. 220-12
ORDINANCE NO. 220-12
An Ordinance of the City Council of the City of Pearland, Texas, amending
Chapter 30, Utilities, Article I, IN GENERAL, and Article II, RATES AND
CHARGES, of the code of ordinances; providing a penalty for violation;
containing a savings clause and a severability clause; providing for
codification, publication, and an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 30, Article I, IN GENERAL, of the City of Pearland Code
of Ordinances, is hereby amended in its entirety to read as follows:
"ARTICLE I. - IN GENERAL
Sec. 30-1. - Definition.
For the purposes of this chapter the word "utility" shall be construed to mean and include water,
sewer, garbage and trash collection and/or any other utility service furnished by the city to
consumers thereof.
Sec. 30-2. - Scope of provisions.
All pertinent provisions of this chapter are hereby made a part of the terms and conditions whereby
the city shall furnish any utility service to any person, or whereby the city shall make 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.
Sec. 30-3. - 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 Code, state law and city ordinances, rules
and regulations.
Sec. 30-4. - Rules, regulations.
The city council 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 filed in
the office of the city secretary. Violation of such rules, regulations, standards and specifications
shall be deemed a misdemeanor.
ORDINANCE NO. 220-12
Sec. 30-5. - Inspection outside city.
In order to protect the utility service supply, the city will not make any water or sewer taps or
connections outside the city limits until the premises involved have been inspected and approved by
the plumbing inspector.
Sec. 30-6. - Right of entry.
Any authorized inspector of the city shall have free access at any time to all premises supplied with
any utility service by the city for the purpose of inspection to protect the utility services from abusive
use.
Sec. 30-7. - 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, fixtures,
appliances or otherwise;
(e) Molesting any meter, seal or other equipment controlling or regulating the supply of
utility service;
(f) Theft or diversion and/or use of service without payment therefor;
(g) Vacancy of premises. All nonemergency disconnections effected without the customer's
consent shall comply with the procedures set forth in section 30-24.
Sec. 30-8. - Liability of city for damage.
The city shall not be liable for any damage by a customer of any utility service furnished by the city
due to backflow of the sewerage system, failure of supply, interruption of service or any other cause
outside the direct control of the city.
Sec. 30-9. - Utility service —Application required.
Any person desiring any utility service furnished by the city shall make application for the same to
the city. Such application shall contain the applicant's name, address, social security number,
driver's license number and the intended use(s) for which the utility service is being requested.
Applicants shall provide a valid Texas driver's license with photograph or a valid identification card
with photo issued by the Texas Department of Public Safety, or two (2) valid verifiable forms of
identification. In accordance with federal regulations, applicants shall provide evidence of the right
to occupy a specific service address. Acceptable forms of evidence of the right to occupy may
include, but not be limited to, copies of closing papers for purchasers of houses or copies of
ORDINANCE NO. 220-12
lease/rental agreements for renters. Applicants for non-residential service shall be required to show
proof of authority to contract for the entity requesting service.
Sec. 30-10. - Same —Denial of service.
The city may decline to initiate utility service to any applicant if:
(a) The applicant is indebted to the city for any reason, except ad valorem taxes and
special assessments.
(b) The applicant's property or condition of existing equipment is potentially hazardous or
in a condition that prevents the city from providing satisfactory service.
(c) The applicant fails to meet all application requirements, or the information
provided on the application is false.
Sec. 30-11. - Same —Permit.
Approval of the application for any utility billing staff shall be deemed permission for such service.
Sec. 30-12. - Same —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 for service so long as such premises shall
remain connected with the utility service.
Sec. 30-13. - 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.
Sec. 30-14. - 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 service 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. Any repair or replacement expense resulting from damage caused in violation of this
section shall be assessed against the person or persons responsible for the damage.
Sec. 30-15. - 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.
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Sec. 30-16. - 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.
Sec. 30-17. - 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.
Sec. 30-18. - Connections to service.
Connections for any utility service furnished by the city shall be made only under the supervision of
the utility billing staff.
Sec. 30-19. - Separate connections.
Every building, structure or consumer in the city shall have a separate utility service connection.
Sec. 30-20. - Unlawful connections.
Any person who shall make any connection in any manner to any utility system, whether owned by
the city or not, without the prior knowledge and consent of the owner of such utility system shall be
deemed guilty of a misdemeanor. Any person found in violation of this section shall be responsible
for all water illegally obtained. Water charge estimates shall be made by the city's water department
and shall be based on an average month of the previous year. If an estimate is not possible, then
the amount assessed shall be the monthly minimum usage charge.
Sec. 30-21. - 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 equipment
connected to any such utility service.
Sec. 30-22. - Maintenance of system by consumer.
The consumer of any utility service furnished by the city shall maintain and keep in good repair all
connections, appliances and other apparatus installed and used in connection with such utility
service.
Sec. 30-23. - Rebuttable presumption.
There shall be a rebuttable presumption in prosecutions under this chapter that the owner of record
of real property that is found to have received unmetered water as a result of an unlawful
connection in violation of section 30-20 to have tampered with equipment in violation of section 30-
14 is responsible for the unlawful connection or the tampering with equipment.
ORDINANCE NO. 220-12
Sec. 30-24. - Termination procedures.
(a) Nonemergency termination. When the city is authorized to terminate a customer's water
services against that customer's consent and under the provisions of this subsection or
when the city otherwise terminates water services to a customer in a nonemergency
situation other than by the customer's request, the city shall first provide notice in the form
and manner described below to the customer and afford the customer an opportunity for a
hearing in the form and manner described herein before the termination of such services. If
after the city has complied with the notice requirements as described below, the customer
fails to request a hearing for review of the termination within the specified time, the city may
terminate water services to the customer on the day specified in the notice to the customer
or within five (5) calendar days thereafter. Any time elapsing after the declared termination
date, the elapsing of which is due to the pendency of a hearing or the extension of time
granted pursuant to a hearing, shall not be considered when calculating the five (5) days by
which the city may terminate water service after a declared termination date.
(1) Notice. Notice shall be sent to a water customer at least eight (8) days prior to the
proposed termination date of the services to that customer if notice is sent by mail, or at
least five (5) days prior to termination if notice is delivered by the utility billing
department. The notice may be incorporated into the customer's monthly bill, sent by
United States mail letter, or hand delivered to the customer by a utility billing department
employee or other person designated by the city to deliver such notices. The notice shall
be written and clearly communicate the following information:
a. The name of the customer whose service is proposed to be terminated;
b. The address where service is proposed to be terminated;
c. The reason for the proposed termination, including the amount of delinquency if
nonpayment of charges is the reason for termination;
d. The day after which the water service will be terminated unless the conditions bringing
about the termination are sooner remedied;
e. That the customer has the right to appear and be heard at a hearing to contest
the proposed termination prior to the date of termination if the customer believes
that here is an error in the reason for the proposed termination, including, but not
limited to, an error in the existence or amount of a delinquency;
f. The means by which the customer may arrange for such a hearing;
g. The date by which the customer must request and set the hearing in order to receive
it, which deadline may be no earlier than one day prior to the termination date, nor may
that deadline ever be sooner than five (5) days from the date of sending of notice, the
five (5) days not including weekdays on which city offices are closed for holidays.
ORDINANCE NO. 220-12
(2) After the deadline for requesting a hearing has passed, a customer may submit request
a hearing to review the decision to terminate the customer's water service within ten (10)
days of the deadline upon presentation to the city manager of an affidavit declaring that
the customer, through no fault of that customer, did not receive notice of termination in
time to act upon the same. Once a hearing pursuant to this subsection has been
requested, the city manager shall, as soon as practicable, decide whether the appeal
appears to be meritorious, and if the city manager finds it is meritorious the city manager
shall order the continuation or restoration of services pending the appeal. If the hearing
officer finds in favor of the customer, the hearing officer may order restoration of service.
(3) If the customer to whom water service is proposed to be terminated is a landlord who
supplies water services to tenant water users, the city shall attempt to give notice to the
tenant water users pursuant to subsection (c) of this section.
(4) Hearing. Should any customer request a hearing to review the decision to terminate that
customer's water services, the hearing shall be presided over by the city manager or
any fair and neutral person he may appoint, which person must be of managerial
employment and not involved in the original decision to terminate services, hereafter in this
context known as the hearing officer. The hearing shall be held no sooner than the next
business day nor later than fifteen (15) business days after being requested by the
customer. The hearing officer may, in his discretion, delay or advance the hearing time upon
showing of good cause by the customer. At the hearing, the customer shall be given the
opportunity to be heard in person to present the customer's case, to present testimony from
other persons, and to admit documents. The customer may be represented by counsel,
though the city shall in no case provide counsel. The customer shall be given the
opportunity to confront and cross examine any witnesses appearing against him at the
hearing. The customer may request that a representative of the utility billing department be
present at the hearing and be subject to questioning. However, the rules of evidence for civil
or criminal trials need not be enforced. The city's reasons for terminating the customer's
water service shall be stated at the hearing. Upon reaching a final decision, the hearing
officer shall state his reasons for reaching that decision and state the evidence on which
he relied in reaching those conclusions. Should the hearing officer find in favor of the
customer, the customer's water service shall continue. Should the hearing officer find
against the customer, the customer's water service shall be terminated. The hearing
officer shall have the power to grant extensions, modify billings, and fashion other reliefs
as would be equitable.
(b) Emergency termination. When the city is specifically authorized by this Code to act
pursuant to this subsection or whenever the city shall deem it necessary due to an
emergency situation to terminate a customer's water service prior to giving notice and an
opportunity for a hearing, the city shall give the customer whose water service has been
terminated notice of that termination according to the requirements described below and
afford that customer an opportunity for a post -termination hearing to review the decision to
terminate.
ORDINANCE NO. 220-12
(1) Notice. Whenever the city shall terminate a customer's water service pursuant to this
subsection, the city shall post notice on the door of the premises to which water service
was terminated, if possible, and shall on that day send by mail letter notice to the
customer at the customer's usual billing address. The notice shall be in writing and shall
clearly communicate the following information:
a. The name of the customer;
b. The address to which service has been terminated;
c. The reason for the termination;
d. The customer has the right to appear and be heard at a hearing to review the
termination;
e. The customer must request the hearing for review of the termination within twenty (20)
days of the termination;
f. The means by which the customer may request the hearing for review of the
termination.
If the customer to whom water service has been terminated is a landlord who supplies
water services to tenant water users, the city shall attempt to give notice to the tenant
water users pursuant to the procedure set forth in subsection (c) of this section.
(2) If a customer shall request a hearing to review the prior termination of that
customer's services, the request shall be made by the customer within twenty (20) days
after termination and notice. Should the hearing officer find in favor of the customer,
water service shall be reconnected. The hearing shall in all other respects, nature,
procedures, and consequences be identical to that described in subsection (a)(2) of
this section.
(c) Notice to tenant users. If a customer to whom water service is proposed to be terminated
or has been terminated, pursuant to the foregoing provisions of this section, is a landlord
who supplies water to tenant users, and the city is aware or should be aware that the
customer supplies water to tenant users, then the city shall provide notice to the tenant
users of the proposed termination or past termination. The notice to the tenant user need
not state the name of that tenant user nor the name of the water customer but must
communicate sufficient information to inform the tenant user that his premises is covered by
the proposed or actual termination. The tenant user shall have the same rights to appeal
that the customer of the water services has under the foregoing provisions of this section
and shall be so informed by the notice. The notice to the tenant users shall in all other
respects comply with the requirements of subsection (a)(1) of this section if water service is
proposed to be terminated or with subsection (b)(1) of this section if services have already
been terminated. Notices to tenant users may be sent by United States mail addressed to
the appropriate street address of the dwelling or commercial unit or posted on the door of
the dwelling or commercial unit, or hand delivered to the tenant or any other person residing
at or employed at the tenant's premises. If the appropriate physical facilities are in place and
ORDINANCE NO. 220-12
the tenant otherwise meets the requirements of this chapter, the tenant user may establish
water service in his own name without being held responsible for any delinquencies owed
by the landlord.
Sec. 30-25. - Utility liens.
(a) Water.
(1) After the city has terminated a customer's water service pursuant to the
requirements of section 30-24 of this chapter, or after the city terminates water
service at a customer's request, the city's utility billing manager shall file a lien on
the property which the terminated water service served and in the amount that the
customer whose service was terminated owed to the city for water service at the
time of the termination of services.
(2) If a property receives water services illegally, without having an account with the city
utility billing department, then the utility billing manager shall file a lien against that
property in the amount of the proper charge for the water actually used, or, if there is
no way of determining the amount of water used, in the amount of the minimum
monthly water charge that would have been charged to that property had a
legitimate account been opened there multiplied by the number of months during
which that property illegally received such water services.
(b) Garbage collection.
(1) After the city terminates a customer's water service pursuant to the requirements of
section 30-24 of this chapter, or after the city terminates water service or garbage
service at the customer's request, or after a customer without water service
becomes more than fifty dollars ($50.00) delinquent for garbage service alone, the
city's utility billing manager shall file a lien on the property in the amount the
customer, whose service was terminated, owed to the city for garbage collection
service at the time of the termination of services.
(2) If a property receives garbage collection services illegally, without establishing an
account with the city utility billing department, then the utility billing manager shall file
a lien against that property, in the amount of the minimum monthly garbage
collection charge that would have been charged to that property had a legitimate
account been opened, multiplied by the number of months during which that
property illegally received such garbage collection services.
(c) Sewerage.
(1)
After the city has terminated a customer's water service pursuant to the
requirements of section 30-24 of this chapter, or after the city terminates water
service or sewer service at the customer's request, or after a customer without water
service becomes more than fifty dollars ($50.00) delinquent in payment for
sewerage charges alone to the city, the city's utility billing manager shall file a lien
on the property which the terminated water service served and in the amount that
ORDINANCE NO. 220-12
the customer whose service was terminated owed to the city for sewerage service at
the time of the termination of services or the accumulation of the aforementioned
delinquency in payment for sewerage services.
(2) If a property receives sewerage services illegally, without establishing an account
with the city utility billing department, then the utility billing manager shall file a lien
against that property in the amount of the minimum monthly sewerage charge that
would have been charged to that property, had a legitimate account been opened,
multiplied by the number of months during which that property illegally received such
sewerage services.
(d) Exceptions. If a customer owes less than fifty dollars ($50.00) for the aggregate sum of water
charges, garbage collection charges, and sewerage charges at the time of termination of any of
those services, no lien shall be filed against the property served by those services. If the customer
is not delinquent in payment at the time of termination of any of the services, no lien shall be filed
until that customer becomes delinquent in payment. No lien shall be filed on any property that the
city knows to be a homestead as defined by the Texas Constitution.
(e) Filing of lien; interest; filing fees, etc. Any lien authorized by this section shall be filed with the
County Clerk of Brazoria County, Texas, or with the county clerk of the county in which the property
to which the lien will be attached is located. The city shall then have a privileged lien on as many
lots or pieces of property as the terminated services previously served and are described on the lien
instrument by metes and bounds, or by city lot and block description, or by any other adequate
description. The lien shall secure the charges made by the city to these above discussed services
rendered to that property. Such a lien shall be filed pursuant to the authority granted under Texas
law. The lien shall bear ten (10) percent per annum interest. The utility billing manager shall add to
any lien filed pursuant to this section the amount of the filing fee charged by the county clerk for
filing that lien. The lien shall be effective against that property if the account holder or user of
services of that property was either the owner of that property, a tenant of that property or a
permissive holder of that property, or an adverse possessor of that property. It is further provided
that for any charges for which the lien authorized by this section is designed to secure, suit may be
instituted and recovery in the foreclosure of that lien may be had in the name of the city. The city
attorney is authorized to file such suits.
(f) Notice and hearing. After the filing of a lien pursuant to this section, the city secretary shall within
thirty (30) days of the filing of that lien give the owner of the property and the account holder notice
that such a lien or liens have been filed on that property and inform the owner and account holder of
their rights of appeal. Within thirty (30) days of the post mark of the notice sent to the property
owner or account holder, the property owner or account holder may appeal the decision to impose
the lien on that property to the city manager or any fair and impartial person the city manager may
designate. The city manager or his designee shall authorize the release of the lien if the property
owner or account holder shows that no bill for the above mentioned services to his property
encumbered by the lien or liens is owing, or if the property owner shows that the encumbered
property is and at all times from the hour of the filing of the lien or liens until the time of the appeal
has been a homestead as defined by the Texas Constitution. The city manager or his designee may
modify or release the lien to reflect the true amount of delinquency in payment for services to the
ORDINANCE NO. 220-12
property if the owner or account holder demonstrates that a lesser bill is owing than the lien alleged
or if the utility billing manager cannot show that all the lien alleged is owing. The person last listed
on the Brazoria County tax records as being the owner of any given piece of property shall be
presumed to be the owner for purposes of this subsection, and the address listed for the owner on
the Brazoria County tax records shall be presumed to be the address of the owner.
(g) Release of lien. Whenever a person or entity pays all principal, interest, and the filing fee of a
lien validly filed pursuant to this section, the city shall execute a release of that lien and surrender it
to the paying party; except that he city shall not be responsible for filing release of lien.
(h) Declaration of rental property.
(1) The owner of any property, which property is rented to another and such tenant
carries city water, sewer, or garbage collection services in the tenant's name, may
prevent the city from using that property as security for the water, sewer, and
garbage.
(2) When such a declaration has been filed with the city prior to the time the account
holder begins to receive services, the city shall collect a deposit in the amount of two
hundred dollars ($200.00) if the property to receive services is a single family
residence, or two thousand dollars ($2,000.00) if the property to receive services is a
business or commercial establishment. If a property owner wishes to make a
declaration regarding the bill of a person or entity already receiving services at a
particular property, that declaration shall not be effective until the posting of a
deposit in the appropriate amounts as described above.
Paragraph (h)(2) of this subsection notwithstanding, an owner of property who files
the above described declaration on property, which is rented to another and the
tenant obtains city water, sewer, or garbage collection services in the tenant's name,
then such declaration shall become immediately effective without the posting of a
deposit in the amounts set forth in paragraph (h)(2). However, if water service is
terminated to the tenant for a delinquency in payment, a deposit in the appropriate
amount as described above shall be collected before such city water, sewer, or
garbage collection service will be resumed. Any service account for water, sewer, or
garbage collection service established after the passage of this section shall be
subject to paragraphs (h)(1) and (2) above of this subsection.
(4) The declaration of rental property shall be valid only so long as the person making
such declaration owns such property, rents such property to another, and the tenant
of such property carries city water, sewer, or garbage collection services in the
tenant's name. The owner may revoke the declaration of rental property at any time
by so notifying the city in writing.
(3)
Sec. 30-26-30-33. Reserved."
ORDINANCE NO. 220-12
Section 2. That Chapter 30, Article II, RATES AND CHARGES, of the City of
Pearland Code of Ordinances, is hereby amended in its entirety to read as follows:
"ARTICLE II.- RATES AND CHARGES
Sec. 30-34. - Meters.
Meters for the measurement of utility services furnished by the city shall be furnished and installed
by and shall remain the property of the city.
Sec. 30-35. - Charges required.
(a) Schedule of Deposits, Fees, and Charges.
The city council shall establish a separate non -development fee ordinance containing a
schedule of deposits, fees, and charges for water and wastewater (and any other city -
owned utility service). The schedule shall be on file in the office of the city secretary.
(b) Deposits.
(1) Application for service required. See Section 30-9.
(2) Deposits shall be required for all customers to be serviced unless the customer
provides a good payment history with previous utility service. Good payment
history shall be presumed where no more than three late fees are assessed in
the previous twelve months supported by documentation that must be provided
prior to the start of service. Deposits can be made in person at the Water Billing
and Collections office located at the City Hall Annex, Public Safety Building, or by
U.S. mail.
(3)
The city's Chief Financial Officer, or their designee, shall have authority to
increase or add a deposit on an existing account that has maintained poor
payment history of three or more late fees assessed within a twelve-month period
with the city.
(4) All paid deposits shall be applied to the final bill. Refunds of deposits made for
utility service shall be made within 30 days of termination of such utility service
and after payment of all indebtedness to the city for utility service. All unpaid
balances may be forwarded to a collection agency for pursuit of payment or
applied to customer's active account.
ORDINANCE NO. 220-12
(5)
Temporary service for major construction shall require a deposit for meter and
fittings. The city will install and lock the meter in place. If the meter is damaged
or moved by anyone other than an authorized City employee, the deposit shall be
forfeited. A Monthly Rental fee shall be applicable to each account, and water
usage shall be charged to each account, except for City projects. In the event
water is sold to building or construction firms from fire hydrants, a Temporary Fire
Hydrant Location Change fee shall be charged for each trip by city personnel to
facilitate the water connection.
(6) Customers maintaining an active account and requiring service at another
location may, with a history of twelve consecutive months of on time payments for
a minimum of one year at the original account address, obtain additional service
without making an additional deposit.
(7)
Temporary water service, up to 2,000 gallons for residential landlords / property
managers for maximum of ten (10) days, is available at full cost which shall
include fees to temporarily connect and disconnect. In the event more time is
required, a new account must be established. In the event more than 2,000
gallons is used, the city retains the right to assess all applicable fees and
charges.
(c) Fees.
(1) Processing Fee. If utility service is disconnected for non-payment, a customer shall
be entitled to reconnection of service upon the payment of any past due amount in
addition to payment of a processing fee.
(2) After Hour Fee. An after -hour fee shall be charged for resumption of utility service
performed after business hours.
(3) Meter Apparatus Fee. Utility customers shall be charged a fee when a meter, or a
meter apparatus part, is determined to be broken, damaged or missing.
(4) Tapping charges. The tapping charges for connection with city water mains and
laterals and with the city sanitary sewer system shall be the actual cost of installation
plus the meter cost, but in no event shall the charge be less than two hundred fifty
dollars ($250.00). Where water is sold to building or construction firms from fire
hydrants, a fee shall be charged for each trip by city personnel to facilitate such
water connection.
(5)
Reinspection Fee. All water meter inspections performed after the initial inspection
shall incur a reinspection fee for each trip by City personnel to carry out a
reinspection. The reinspection shall take place as soon as practicable, but the
ORDINANCE NO. 220-12
inspection request shall not be given preference over previously scheduled
inspections.
(6) Administrative Fee. All applicants for utility service shall be charged an account
connection fee.
(7)
Interceptor Fee. Any person responsible for discharging into an interceptor or a
grease, grit, lint, oil or similar trap shall incur an annual application/inspection fee,
(8) Same Day New Service Connection Fee. In the event a new service customer
requests service to start on the same day as the application for service, a Same Day
New Service Connection fee must be paid along with the connection fee and
deposit, if applicable.
Temporary Connect/Disconnect Fee. In the event an active residential customer, in
good credit standing, requests a temporary disconnection and subsequent
reconnection, the customer shall be charged a fee for both services. The customer
shall indicate the disconnect and reconnect dates on business days at the time of
the request. The customer shall remain active and billed for zero usage. If during
the disconnection period water usage is evident, all applicable charges will be
assessed, and the temporary disconnection status shall be revoked.
(9)
Sec. 30-36. - Refund of deposit.
(a) Refunds of deposits made for utility service shall be made upon termination of such
utility service only after payment of all indebtedness to the city for such utility service. Application of
deposit may be made in partial or total settlement of accounts when the supply is cut off for
nonpayment of bill or for any infraction or violation of any ordinance, rule or regulation of the city
relative to utility services offered by the city.
(b) Upon the written request of any customer having a continuous payment history of at
least three (3) years without any late charges or penalties, the customer's utility deposit shall be
posted as a credit on that customer's utility account.
Sec. 30-37. - Effect of transfer; moving.
Transfer of deposits from one (1) location to another location within the city may be allowed
for utility service under the following conditions:
(a) All utility bills at the old address, delinquent and current, shall be paid in full.
(b) A new application must be completed before service at the new address is
connected.
(c)
New Administrative Fee shall be applicable.
(d) Previous balance(s) shall be added to the new account.
ORDINANCE NO. 220-12
(e) Customers maintaining an active account that require service at another location
may obtain the additional service with no deposit required. To obtain the additional
service without posting a deposit, the customer must demonstrate a history of timely
payments for a minimum of one year at the original account address showing the
assessment of no more than three late fees in the previous twelve (12) month
period.
Customers transferring from an active account to a new active account may obtain
the new service with no deposit required. To transfer the deposit, the customer must
demonstrate a history of timely payments for a minimum of one year at the original
account address with no more than three late fees in the previous twelve (12)
months. In the event a customer cannot meet the conditions of the transfer request,
the customer shall be required to post the deposit in effect at the time of the request.
(f)
Sec. 30-38. - Determination of charges.
(a) Definitions.
Commercial unit. Any other structure or part thereof used to fulfill the housing requirements
of not more than one (1) business establishment or of not more than one (1) establishment
of any other kind, but a business unit shall not include any kind of multi -family or multi -unit
establishment.
Multi -unit residence or business. A building consisting of two (2) or more residential or
commercial units.
Residential unit. Any structure or part thereof used to fulfill the housing requirements of one
(1) or more persons living together as a single family.
User or customer. Any person, firm or corporation connected to the city water system for the
purpose of receiving water service.
Irrigation. Any system used for the sole function of watering landscape.
(b) Water rates. All property upon which any building has been or may hereafter be erected
having a connection with any mains or pipes presently existing or which may be hereafter
constructed and used in connection with the city water system shall pay the water rates for
each month of water service furnished by the city.
(c) If the user's water meter becomes inoperative and fails to register, the customer shall be
charged at the average monthly consumption as shown by the meter. All water that passes
through the meter shall be charged for, whether used or not.
(d) Sewer Commercial rates. The commercial rates or charges for the use and service of the
sewer system of the city.
(e) Sewer Residential rates. Sewer rate is calculated based on the lesser amount of the
monthly usage or the sewer seasonal average. The sewer seasonal average is a
standardized monthly billing amount (gallons) based on the average consumption of the
months of December, January, and February, not to exceed 12,000 gallons for new
ORDINANCE NO. 220-12
residents, and not to exceed existing customer's determined sewer seasonal
average/Winter Quarterly Average. The rates or charges for the use and service of the
sewage system (customer's actual charges shall be determined by the customer's water
usage consumption).
(f) Billing adjustments. Utility customers may apply to the utility billing department for billing
adjustments on the customer's account. All requests for billing adjustments shall be
considered in accordance with the city's utility billing policy, as it may be amended from time
to time.
(g) Customers without metered water shall be charged the billing amount as established by
separate ordinance, in the schedule of deposits, fees, and charges for water and
wastewater (and any other city -owned utility service).
(h) Sewer Use Credit Program. Voluntary program intended to provide credit for water not
processed by the City's sanitary sewer system. The Program is available for commercial
customers where water is consumed or lost in product or production due to evaporation.
Eligible customers shall pay an application fee, monthly administrative charge, and an
annual testing fee. In the event meter repairs are needed, the customer shall be responsible
for charges related to labor, parts, and a retesting fee. Accounts opened for the purpose of
the Program shall not be required a deposit, nor billed water or sewer rates related to the
sub -metering.
Sec. 30-39. - When payment due.
(a) All bills for utility services furnished by the city shall be due within (20) twenty business
days following the bill date.
(b) A payment plan may be furnished upon the approval of the Chief Financial Officer or
their designee. In the event the terms of the payment plan are violated, the plan shall become null
and void, and the full amount in arrears shall become payable on the due date. If the entire
payment is not made, a late fee shall be assessed along with the applicable non-payment
disconnection.
Sec. 30-40. — Late Fee.
Customers receiving city utility services that fail to make payment by the due date shall be required
to pay the gross amount of the bill, calculated as one hundred ten (110) per cent of the amount due.
A delinquent notice shall be processed and mailed to the customer showing the amount due in
arrears, the late fee and the deadline time for payment to avoid interruption of utility service.
Sec. 30-41. - Disconnection for nonpayment.
In the event a utility customer fails to make payment for services within fifteen (15) days following a
delinquent notice; a payment extension date has passed without full payment; or no termination
hearing has been scheduled, the city may disconnect and discontinue all utility services furnished to
ORDINANCE NO. 220-12
the customer. In the event full payment, including applicable fee(s), within seven (7) days after
disconnection of services, the account shall be final with applicable deposit applied.
Sec. 30-42. - Reconnection after disconnection.
If utility service is disconnected for nonpayment of the bill, the consumer shall have the right to have
service reconnected only upon the payment of the amount due, the applicable processing fee and
additional deposit.
Sec. 30-43. - Voluntary discontinuance of service.
Customers wishing to discontinue the use of any utility service shall provide written notice thereof at
the city hall. Failure to do so shall render customer liable for the payment of all bills until such notice
has been provided.
Sec. 30-44. - Pro rata and other charges established.
(a) A charge, which shall be known as the pro rata shall be made against each lot or tract of
land, and the owner thereof, whose water or sewer lines shall be hereafter connected with any
water mains or sewer mains in the following manner and in accordance with procedures and service
area maps promulgated by city staff:
(1) Park Street between Walnut and Pear Streets:
Lots 1-23 of Block 25
Water $354.29 per
25' Lot
($14.17 per linear foot)
Sewer $537.83 per
25' Lot
($21.51 per linear foot)
Lots 26-44 of Block 26
$354.29 per
25' Lot
($14.17 per linear foot)
(2) Pearland Parkway between Barry Rose Road and Mary's Creek:
Water-96.9 acres at $776.00 per acre
Sewer-360.2 acres at $584.33 per acre
ORDINANCE NO. 220-12
(3) FM 518 at FM 1128 west of Reid Boulevard:
North Side of FM 518 South Side of FM 518
Sewer $44.60 per linear foot $53.91 per linear foot
(4) Service Area 1 (south of Beltway 8, west of State Highway 288, and east of FM
521)
Water-1,638 acres at $41.00 per acre
Sewer-1,638 acres at $15.00 per acre
(5) Service Area 2 (south of Broadway Street, east of County Road 48, and west of
State Highway 288)
Water-521 acres at $74.00 per acre
Sewer-2,221 acres at $33.00 per acre
(6) Promenade Shops Drive south of North Spectrum Boulevard, Spectrum
Boulevard between Promenade Shops Drive and SH 288, north along the SH
288 Frontage Road and east along the Beltway 8 Frontage Road to Fellows
Road.
Water—$18.30 per linear foot
Sewer—$11.40 per linear foot
(7) Certain properties located in the vicinity of Hawk Road and Cullen Parkway.
Sewer: $778.17 per equivalent single-family connection
(b) In addition to the pro rata charge on water and sewer mains, the property owner must pay all
other applicable charges as established by city ordinance.
Sec. 30-45. - Parks and recreation donation fund.
(a) A parks and recreation donation fund is hereby established which will allows citizens to
make monthly donations to fund parks and recreation capital items and projects. The appropriation
of these funds shall be recommended by the parks and recreation director to the city manager on
an as -needed basis.
(b)The parks and recreation donation fund shall be promoted through the city's monthly
water bill. Citizens and businesses may voluntarily add a dollar amount of their choice to their
monthly payment. All funds collected shall be deposited in a city account designated as the Parks
and Recreation Donation Fund.
ORDINANCE NO. 220-12
Sec. 30-46. - Testing of meters.
A customer may request, through the Water Billing and Collection Department, an accuracy test on
their water meter performed by an independent meter testing company contracted by the City. The
results, based on the American Water Works Association testing standards by meter size and type,
will be provided to the customer and the City. Based on current testing standards, an accurate
meter registers a test result of +/- 1.5% of 100. If test results indicate the meter is inaccurate, the
meter shall be replaced, the City shall pay all meter testing costs, and the customer's account shall
be adjusted accordingly. If the test results indicate the meter is accurate, all meter test costs shall
be charged to the customer, and the account balance shall remain unchanged.
Sec. 30-47. — Bankruptcy notice.
The utility billing department shall, upon notice of bankruptcy notice listing the city water
department as part of its legal debt, immediately close the existing service account and create a
new account, with the active date of the new account being the date of receipt of such notice,
unless otherwise directed in writing, by the person(s) filing the bankruptcy action. Deposits on
record will be applied to the finalized account, and a new deposit shall be required for the new
account. Balances due for closed accounts shall remain in the closed account file account until
the balance is either paid by debtor through bankruptcy or the city receives notice, by court order,
that the amounts are not required to be paid. Balances not paid may be written off with approval
of the city council and shall be noted as a bankruptcy on department records.
Secs. 30-48-30-55. - Reserved."
Section 3. Repealer. All previously adopted amendments in conflict herewith
shall be and are hereby repealed but only to the extent of such conflict.
Section 4. Penalty. Any person who shall violate the provisions of this
section shall be deemed guilty of a misdemeanor and shall, upon conviction by a
court of competent jurisdiction, be punished by a fine in any sum not exceeding
Two Hundred Dollars ($200.00).
ORDINANCE NO. 220-12
Section 5. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for
the benefit of the City.
Section 6. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 8. Publication. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland,
upon passage of such Ordinance.
Section 9. Effective Date. This Ordinance shall become effective ten (10)
days following its second and final reading.
ORDINANCE NO. 220-12
PASSED and APPROVED ON FIRST READING this 1st day of March, 2021.
EVIN COLE
MAYOR
ATTEST:
Yr TAL ROAN, TRMC, CMC
CITY SECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this 22nd day of
March, 2021
EVIN COLE
MAYOR
ATTEST:
CRTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
sss
DARRIN M. COKER
ORDINANCE NO. 220-12
CITY ATTORNEY
VOTING RECORD SECOND AND FINAL READING - March 22, 2021
Voting "Aye" - Councilmembers Orlando, Carbone, Kamkar, Little,
Hernandez, Owens.
APPROVED AS TO FORM Motion passes 6 to 0.
PUBLICATION DATE: March 24, 2021
EFFECTIVE DATE:April 3, 2021
tal N. Roan, TRMC, CMC
City Secretary