§ 38-59. Application requirements

(a) All persons desiring retail utility service from the city or desiring to transfer service from a service location to another service location shall file application with the city at the city's designated location. No connection to the city's utility system shall be made before the person has met the application, fee and extension requirements of this chapter.

(b) The city shall provide utility service to only qualified service applicants and no utility service application shall be accepted by the city manager unless the application is submitted by a qualified service applicant. The request by a qualified service applicant shall be filled within five working days unless the city and the applicant have entered into a utility improvement agreement. If the city and the applicant have entered into a utility improvement agreement, service will be provided in accordance with that utility improvement agreement.

(c) A person is a qualified service applicant if the person has met the following conditions:

(1) The person has submitted a completed and signed utility service application to the city manager, has presented a valid form of identification to the city, which the city shall keep on file, and has provided the city with verifiable proof of the applicant's right to occupy the service address. For retail service to a corporation, organization, government or political subdivision or agency, business trust, partnership, association, or any other legal entity, the applicant shall also provide verifiable documentation of the applicant's authority to request service on behalf of the entity.

(2) For developers in the city limits or ETJ of the city desiring retail utility service from the city, the developer has complied with the city's subdivision regulations to obtain retail utility service from the city for the subdivision.

(3) For persons required to obtain a building permit from the city, the person has paid all the required building permitting fees.

(4) For persons desiring utility service for property or service connections located outside the city limits, the person has complied with the requirements of section 38-60

(5) The person has paid all applicable charges and fees prescribed by the city's fee schedules, including any tapping and metering charges, all utility deposits, construction investigation fees, and utility connection and plumbing code inspection fees.

(6) The person has complied with the city's extension of utility facilities requirements, if necessary, as provided by section 38-61 and the facilities have been extended, inspected, and accepted by the city.

(7) The person has paid all the pro rata charges as required by chapter 32, subdivisions, or section 38-61, if applicable.

(8) There is capacity to serve the person or development, or the person or developer has entered into a utility improvement agreement with the city for the expansion of the city's utility facilities, and complied with terms of that agreement.

(9) The person requesting utility service has provided a service address to which utility service will be provided.

(10) If required, an inspection of the utility connection has been conducted by a plumbing inspector or a water supply protection specialist licensed by the state board of plumbing examiners or by a customer service inspector, licensed by the TCEQ, and such inspection has been approved by the city.

(d) The city manager may refuse service to a person if, at the time of the application, the person is indebted to the city, or if that person is indebted to another retail public utility, for the same kind of service for which the person has applied from the city. However, if the person is disputing the indebtedness and is otherwise in compliance with the depository requirements, service shall not be refused.

(e) No application shall be approved if the city manager determines that the requested service is for unreasonable consumer uses that will threaten or endanger the city's utility system or threaten the city's ability to provide continuous and adequate service.

(f) Any person denied service under this chapter may request review of the city manager's decision. The request shall be made to the city manager, who shall place the request before the city council. The city manager may request additional information of the person denied service. The city council may grant or deny service, after review of the request, in accordance with the provisions of this chapter.

(g) It shall be unlawful for any person not employed by the city to uncover and make any connection with the utility system of the city without first obtaining the consent of the city.

(h) When a utility improvement agreement is required by the city in order to obtain utility service from the city, the agreement, at a minimum, shall incorporate the requirements outlined in this chapter and shall include the following:

(1) Provide all costs associated with required administration, design, construction, and inspection of facilities for utility service to the applicant's service area and terms by which these costs are to be paid, and specify that the city is under no obligation to provide service to the applicant unless and until all required fees have been paid.

(2) Describe all fees and costs to be paid to the city, including construction investigation fees, tapping and metering fees, and pro rata reimbursement charges, if applicable.

(3) Describe the facilities that are required to be constructed and the materials to be used in the construction of the facilities, state the size of each meter to be installed, define who will be responsible for the construction of those projects, and require the facilities to be constructed in accordance with the city's construction standards.

(4) If the facilities are to be constructed by the city, prescribe the procedures by which the applicant shall accept or deny a contractor's bid for facilities to be constructed by the city, thereby committing to continue or discontinue the project.

(5) Describe the terms and conditions by which the city may terminate its obligations to provide service.

(6) Outline how the city will administer and oversee the applicant's project with respect to:

a. Design of the applicant's onsite utility facilities;

b. Securing and qualifying bids;

c. Selection of a qualified bidder for construction for facilities the city intends to construct;

d. Dispensing advanced funds for construction of facilities required for the applicant's service;

e. Inspecting construction of facilities; and

f. Testing facilities and closing the project.

(7) Define the terms by which the applicant shall indemnify the city from all third party claims or lawsuit in connection with the project contemplated.

(8) Define the terms by which the applicant shall deed all constructed facilities to the city and by which the city shall assume operation and maintenance responsibility, including any enforcement of warranties in connection with construction of the applicant's project.

(9) Define the terms by which the applicant shall grant title or easement for utilities, constructed facilities, and facility sites and terms by which the applicant shall provide for the securing of required utility easements and sites.

(10) Provide termination date for the agreement.

(11) If applicable, provide for pro rata reimbursement by the owners of all intervening property served by such extension of facilities constructed by or paid for by the applicant. Such pro rata reimbursement provisions shall comply with section 38-61

(i) During stage 4 critical water shortage conditions, no application for new, additional, expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are suspended for such time as the drought response stage is in effect.

(Ord. No. 592, art. IV, § 2, 10-23-2012)