Public Utilities

Article 1. Water System

 

Section 14-1. Superintendent of Water Works.

(a) There is hereby created and established the office of Superintendent of Water Works, for the City of White Deer, Texas. (Ordinance of 1-6-27, § 1.)

 

Section 14-2. Appointment of Superintendent.

(a) The office of Superintendent of Water Works shall be filled by appointment by the City Council, upon recommendation of the water committee, and he shall hold office from and after appointment at the will of the City Council. (Ordinance of 1-6-27, § 2.)

 

Section 14-3. Superintendent to have charge of Water Works.

(a) The Superintendent of the Water Works shall have active charge of the water works system of this City and shall manage the same and every part thereof; and the general duties of this office shall be as hereinafter outlined, with such other special detail work as may hereafter be recommended and ordered by the water committee of the City. (Ordinance of 1-6-27, § 3.)

 

Section 14-4. Powers and duties of Superintendent.

(a) The Superintendent shall operate the water works system of the City. He shall keep a supply of water in the tower necessary for the demands of the inhabitants of the City for domestic and commercial uses and for fire protection. He shall keep the machinery and all working parts of the system in repair; and he shall have charge of all connections, the tapping machine, and the tapping of the mains and laterals. He shall oversee the plumbing and inspect and test the same before water is furnished to the inhabitants of the City. He shall see that there is no waste by any means whatsoever. He shall see that the rules and regulations for the management of the water works system are observed by the patrons; and shall allow no one to use the City’s water unless the citizen shall have contracted thereof in the same manner as is required of other patrons. He shall have charge of all applications for service pipes and by and with the advice of the water committee of the City shall determine who and who shall not be given water service. He shall collect all the rents due the City for water service and deposit the amount so collected with the City Treasurer upon the 10th day of each and every month. He shall keep a record in a well-bound book for that purpose of all water works business, and this book shall be kept as outlined by the water committee of the City. He shall be required to make two plats of the City showing the locations of all mains, laterals, valves, hydrants, plugs, and other pipes and parts of the water system belonging to the City, the length and size of the same, and all attachments thereto, and all places where same is tapped by laterals, and a complete record of all extensions giving the size and length of the same on the map. One of these maps shall; be kept by the Superintendent and one shall be kept by the City Secretary, and the two shall be extended, renewed, and corrected by the Superintendent as new parts are added to the system and shall be and remain the property of the City. He shall make a report at the first regular meeting of the City Council each month, showing the receipts and expenditures of the Water Works Department for the previous months business; and any special information desired by the City Council may be included in the report. He shall prepare a complete inventory of all property on hand in the Water Works Department, and during his term of office shall add to the same all property procured for his Department, and at the expiration of his term of office shall turn over the inventory, stock sheet, or stock book showing property on hand, books, plats, charts, and other property of his office to his successor. (Ordinance of 1-6-27, § 4.)

 

Section 14-5. Water Committee.

(a) The Water Works System of this City shall be operated by the City through its water committee and the Superintendent will look to this committee for advice and instructions and shall be obedient to its orders. All accounts and expenditures for the Water Works Department shall be approved by this committee before it is allowed unless it is allowed by the City Council upon special motion. The water committee will make such recommendations and suggestions at all times when the same will promote efficiency, protect the property of the system or benefit the City. (Ordinance of 1-6-27, § 5.)

 

Section 14-6. Bond of Superintendent.

(a) The Superintendent of Water Works shall be required to execute a good and sufficient bond payable to the City of White Deer, Texas, with approved sureties in the penal sum required by the Council, conditioned upon the faithful performance of the duties as are imposed upon him by this article, or as shall be required of him by order of the water committee. (Ordinance of 1-6-27, Section 6.)

 

Section 14-7. Water rates.

(a) There shall be a charge for water service in the City for each month as listed in the official fee schedule.

 

Section 14-8. Time and place of payment.

(a) All accounts shall be payable on the first day of each month at the office of the City Secretary in White Deer, Texas. The City Secretary shall prepare statements for water service on the last day of each month. He shall discontinue service to any connections on which the statement shall not have been paid on or before the 25th day of the month following the date of the statement. A percentage penalty listed on the official fee schedule will be charged on accounts not paid on or before the 10th of the month following the month in which such service is rendered. (Ordinance of 7-29-50, § 2.)

 

Article 2. Sanitary Sewers

Section 14-11. Sewage Connection.

(a) From and after the date of enactment of this Code, every building, house, trailer, mobile home, or other facility used for human habitation, which is constructed in, moved into and located in, or first occupied for human habitation in, the City of White Deer, and every building containing any sink, lavatory, or toilet, so moved in, constructed or first occupied in said City, shall be connected to the Sanitary Sewer System of said City, except as elsewhere provided hereby. (Ordinance of 14-57, 1979.)

 

Section 14-12. Septic Tank.

(a) If any facility or property covered by Section 14-12 above is located further than 300 feet from any main or lateral sewer line of said City, then such property may be connected to a septic tank constructed and maintained in accordance with minimum standards approved or established by the State Department of Health of the State of Texas. (Ordinance of 14-57, 1979.)

 

Section 14-13. Compliance.

(a) It shall hereafter be unlawful for any person, firm or corporation owning, using, or occupying any property covered by this Code to fail or refuse to comply with the provisions hereof. It shall hereafter be unlawful for any person, firm or corporation to erect or construct any outdoor surface toilet or cesspool within the city limits of the City of White Deer. (Ordinance of 14-57, 1979.)

 

Section 14-13. Violations.

(a) Any person, firm or corporation who violates any provision of this code shall be deemed guilty of a misdemeanor, and upon conviction. shall be fined not exceeding $200.00 for each offense; and each day that any such violation is allowed to subsist continue shall be deemed a separate offense. Any violation of the provisions of this Code shall be deemed a public nuisance, and shall be subject to abatement as such, in any manner provided by law. (Ordinance of 14-57,1979.)

 

Section 14-14. Sewer rates.

(a) Effective August 1, 1974, utility billing, the City of White Deer, Texas, shall charge the service of sewage disposal rates as listed on the Official Fee Schedule.

 

Article 3. Gas System

 

Section 14-21. Gas rates.

(a) Rates are established by code and are listed on the official fee schedule.

 

Section 4-22. Time and place of payments.

(a) All accounts shall be payable on the first day of each month, at the office of the City Secretary in White Deer, Texas. The City Secretary shall prepare statements for gas service on the last day of each month; and shall on the last day of each month, prepare statements for the advance sewer charge and submit same together with the current statement of charges for water service for the previous month, and shall not accept payment of the water bill unless the advance sewer charge is also paid at the same time.

(b) A ten percent (10%) penalty will be charged on accounts not paid on or before the 10th of the month following the month in which such service is rendered. The City Secretary shall discontinue service to any connections on which the statement shall not have-been paid on or before the 25th day of the month following the date of the statement. -(Ordinance of 7-29-50, § 2.)

 

Article 4. Water and Gas Deposits

Section 14-31. Water deposit: New customers.

(a) Effective September 1, 1973, all new customers for water services will be charged a deposit as listed on the official fee schedule by the City of White Deer, Texas, before the City will provide them with water. (Ordinance of 7-10-73, § 1.)

 

Section 14-32. Gas deposit: New customers.

(a) Effective September 1, 1973, all new customers for gas services will be charged a deposit as listed on the official fee schedule by the City of White Deer, Texas, before the City will provide them with gas. (Ordinance of 7-10-73, § 2.)

 

Section 14-33. Water and gas deposits: Existing customers.

(a) The deposit of existing customers for water and gas shall not be affected. Existing customers may transfer their present deposit from one location to another without increasing their present deposit. However, any existing customer who wishes for service at a new location without transferring an existing deposit must pay the new rates prescribed by this article. (Ordinance of 7-1073, § 3.)

 

Section 14-34. Deposits not transferable.

(a) Deposits shall not be transferable from one customer to another. (Ordinance of 7-10-73, § 4.)

Section 14-35. Return of deposit to customer.

(a) The deposits shall be returned to the customer after he discontinues the service for which he has made a deposit and after he has paid his final bill. Alternatively, the City shall have the authority to withhold from the deposits the amount of the customer’s final bill and deliver the balance to the customer. (Ordinance of 7-10-73, § 5.)

 

Article 5. Rentals for Use of Streets, etc. by Utility Companies

Section 14-41. To file report.

(a) All persons, associations, organizations, and corporations using or maintaining any telegraph, telephone, electric light or other poles, gas pipe lines, pipes and other fixtures in any of the streets, highways, easements, alleys, parks, or other places within the corporate limits of the City of White Deer, Texas, shall on the 1st day of August of each and every year file with the City Secretary a sworn report showing the gross receipts from the business conducted by such persons, associations, organizations, and corporations within the corporate limits of the City for the preceding year ending June 30th. (Ordinance of 3-18-41, § 1.)

 

Section 14-42. City may have books examined.

(a) The City Council may, when it may see fit, have the books and records of the person, association, organization, or corporation rendering the statement required in section 14-41 of this article, examined by a representative of the City to ascertain whether such statement is accurate; but nothing in this article shall be construed to prevent the City from ascertaining the facts by any other method. (Ordinance of 3-18-41, § 2.)

 

Section 14-43. To pay rental.

(a) Upon the 1st day of August of each and every year, every person, association, organization, or corporation occupying or using the streets, highways, easements, alleys, parks, or other public places in the City of White Deer, Texas, with poles, pipes, and other fixtures, shall, as a condition to such further occupancy, pay to the City annually, for such privileges, a rental equal to three (3%) per cent of the gross receipts received by such person, association, organization, or corporation from its business conducted in the corporate limits of the City of White Deer, Texas, for the preceding year, which sum shall be paid to the City of White Deer, Texas. (Ordinance of 3-18-41,§ 3.)

 

Section 14-44. Receipt for payment of rental.

(a) Upon receipt of the above rental by the City, the City Secretary shall deliver to the person, association, organization, or corporation paying the same a receipt for such rental, which receipt shall authorize such person, association, organization, or corporation to use and occupy the streets, highways, easements, alleys, parks, and other public ways in the City in carrying on its business for twelve (12) months from August 1st of such year. (Ordinance Of 3-18-41, § 4.)

 

Section 14-45. Rental not charged as a tax.

(a) The rental for the privilege of using the streets, highways, easements, alleys, and public places of the City of White Deer, Texas, provided for in this article, is not charged as a tax, but is made for the privilege now enjoyed and to be enjoyed by such persons, associations, organizations, and corporations using the streets, alleys, highways, easements, and other public ways of the City in the conduct of their respective businesses; and such charges are additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against the persons, associations, organizations, or corporations mentioned above and herein. (Ordinance of 3-18-41, § 5.)

 

Section 14-46. Not to relieve from other requirements.

 

(a) Nothing herein is intended to relieve any person, association, organization, or corporation of any condition, restriction, or requirement imposed by law or any code of the City of White Deer, Texas. (Ordinance of 3-18-41, § 6.)

 

Section 14-47. Article does not grant franchise.

(a) This article does not grant a franchise to any utility or person, association, organization, or corporation to use the streets, alleys, highways, easements, and other public ways, and shall never be so construed by the courts or otherwise; and the City reserves the right to cancel the privileges granted herein and hereunder, and refund the unearned rentals paid to the City. (Ordinance of 3-18-41, § 7.)

 

Section 14-48. Reservation by City.

(a) The City of White Deer, Texas, hereby reserves the right to put into effect, at any time, other restrictions and regulations as to erection and maintenance of poles, wires, pipes, and other appurtenances in the streets, highways, easements, alleys, and other public ways of the City, and from time to time require such poles, pipes, wires, and other property, equipment, and fixtures, as it may deem proper, to be removed, and to require wires to be run in conduits on such terms as the City may deem proper. (Ordinance of 3-18-41, § 8.)

 

Section 14-49. Penalty for operating without paying.

(a) Every person, association, organization, and corporation who shall operate any business within the corporate limits of the City without the payment of the rentals provided for herein, shall be subject to a penalty of One Hundred ($100.00) Dollars for each and every day that such person, association, organization, or corporation shall conduct such business using and occupying the streets, highways, easements, alleys, or other public ways of the City of White Deer, Texas, without the payment of said rentals, which sum may be re-covered by the City of White Deer, Texas, in a court of competent jurisdiction by suit filed therein. (Ordinance of 3-18-41, § 9.)

 

Section 14-50. Penalty for refusing to make report, etc.

(a) Every person, association, organization, or corporation and the local manager or agent of every such person, association, organization, or corporation, failing or refusing to make the report required by section 14-41 of this article, or failing or refusing to allow the examination provided for in section 14-42 herein, shall, upon conviction in the Municipal Court of the City of White Deer, Texas, be fined in any sum not to exceed One Hundred ($100.00) Dollars, and each day’s failure or refusal, as mentioned in this section, shall be deemed a separate offense. (Ordinance of 3-18-41, § 10.)

Section 14-51. City may inspect, etc.

(a) The City Fire Marshal, Building Inspector, Electrical Inspector, the City’s Police Officers, and such other persons as may be designated by the City for the performance of such function, shall have the power and it shall be their duty to examine and inspect from time to time all telegraph, telephone, electric light, or other poles, gas pipe lines, pipes, and other fixtures in the public places within the City for the purpose of seeing that all of same are in a safe and suitable condition; and whenever any such item is found to be unsafe or unsuitable for the purpose for which it is used, the persons using, possessing, or maintaining same shall be notified and required to place same in a safe and suitable condition. (Ordinance of 3-18-41, § 11.)