As used in this article, the word “division” shall mean the water and sewer billing and collecting division of the water and sewer department.
(1970 Code, sec. 31-17; Ordinance 2324, sec. 1, adopted 4/11/77; Ordinance 2517, sec. 1, adopted 7/14/80; 1988 Code, sec. 34-21)
(a) 
Charges for water furnished by the city under contract shall be as stated in the contract.
(b) 
Charges for water furnished by the city are established as set forth in the fee schedule in appendix A of this code.
(1970 Code, sec. 31-18; Ordinance 2199, sec. 1, adopted 10/14/74; Ordinance 2324, sec. 2, adopted 4/11/77; Ordinance 2517, secs. 2, 3, adopted 7/14/80; Ordinance 83-019, secs. 1, 2, adopted 4/11/83; Ordinance 84-061, sec. 1, adopted 8/27/84; Ordinance 85-051, sec. 1, adopted 9/9/85; Ordinance 88-019, sec. 1, adopted 5/18/88; Ordinance 89-003, sec. 1, adopted 1/9/89; Ordinance 91-045, sec. 1, adopted 8/29/91; Ordinance 94-025, secs. 1, 4, adopted 5/23/94; Ordinance 98-042, sec. 1, adopted 8/31/98; Ordinance 99-086, sec. 1, adopted 12/13/99; Ordinance 2003-024, sec. 2, adopted 7/1/03; Ordinance 2004-019, sec. 2, adopted 7/12/04; Ordinance 2005-017, sec. 2, adopted 5/18/05; Ordinance 2007-014, sec. 2, adopted 7/23/07; Ordinance 2008-029, sec. 2, adopted 9/9/08; Ordinance 2011-017, sec. 2, adopted 6/13/11; Ordinance 2014-017, sec. 2, adopted 9/8/14; Ordinance 2018-018, sec. 2, adopted 6/25/18; 1988 Code, sec. 34-22; Ordinance 2019-024, sec. 2, adopted 6/26/19; Ordinance 2020-022, sec. 2, adopted 6/22/20; Ordinance adopting 2021 Code)
(a) 
Charges for sewer service furnished by the city to residential, commercial and industrial customers shall as set forth in the fee schedule in appendix A of this code.
(b) 
(1) 
Monthly residential customers’ wastewater volume for purposes of assessing the sewer charge shall be based upon one hundred percent (100%) of the actual metered potable water consumption averaged for the preceding November, January, and February consumption, which shall be known as the “flat winter average.”
Customers that do not have recorded water usage for each of the winter average months will have their winter average calculated based on the residential class average of 534 cubic feet.
(2) 
Monthly commercial and industrial customers’ wastewater volume shall be based upon one hundred (100) percent of the actual metered potable water consumption, except those customers whose wastewater is metered, and their volume shall be based upon one hundred (100) percent of the metered wastewater. The former shall be billed for one hundred (100) percent of the metered potable water and the latter shall be billed for one hundred (100) percent of the metered wastewater.
(c) 
Users desiring to discharge sewage into the city’s sewerage system, the strength of which sewage exceeds two hundred fifty (250) parts per million biochemical oxygen demand (BOD), two hundred fifty (250) parts per million of total suspended solids, (TSS), or thirty (30) parts per million of ammonia (NH3), and which is acceptable under article 12.05 of this chapter, may do so upon written permission of the city and by paying a monthly treatment charge as set forth in the fee schedule in appendix A of this code. The city shall make the necessary tests of the user’s sewage strength to determine this charge. The charge prescribed by this subsection shall be in addition to the charges prescribed in subsection (a) hereof.
(1970 Code, sec. 31-19; Ordinance 2324, sec. 3, adopted 4/11/77; Ordinance 2517, sec. 4, adopted 7/11/80; Ordinance 83-019, sec. 3, adopted 4/11/83; Ordinance 84-061, sec. 2, adopted 8/27/84; Ordinance 85-051, sec. 2, adopted 9/9/85; Ordinance 87-079, sec. 1, adopted 12/14/87; Ordinance 88-019, sec. 2, adopted 5/18/88; Ordinance 88-037, sec. 1, adopted 9/12/88; Ordinance 91-045, sec. 2, adopted 8/29/91; Ordinance 94-025, secs. 2, 5, adopted 5/23/94; Ordinance 95-040, sec. 1, adopted 10/2/95; Ordinance 98-042, sec. 2, adopted 8/31/98; Ordinance 99-086, sec. 2, adopted 12/13/99; Ordinance 2003-024, sec. 3, adopted 7/1/03; Ordinance 2004-019, sec. 3, adopted 7/12/04; Ordinance 2005-017, sec. 3, adopted 5/18/05; Ordinance 2005-032, sec. 2, adopted 7/11/05; Ordinance 2007-014, sec. 3, adopted 7/23/07; Ordinance 2008-029, sec. 3, adopted 9/9/08; Ordinance 2011-017, sec. 3, adopted 6/13/11; Ordinance 2012-018, sec. 2, adopted 6/25/12; Ordinance 2014-017, sec. 3, adopted 9/8/14; Ordinance 2018-018, sec. 3, adopted 6/25/18; 1988 Code, sec. 34-23; Ordinance 2019-024, sec. 3, adopted 6/26/19; Ordinance 2020-022, sec. 3, adopted 6/22/20; Ordinance adopting 2021 Code)
(a) 
Except as otherwise provided in this section, wastewater service to customers who do not receive water service from the city shall be billed monthly in accordance with section 12.02.003 of this article, based on consumption information obtained from their water supplier.
(b) 
Commercial and industrial customers without sewer meters will be charged on the basis of one hundred (100) percent of the actual metered water consumption.
(1970 Code, sec. 31-20; Ordinance 2324, sec. 4, adopted 4/11/7; Ordinance 2517, sec. 5, adopted 7/11/80; Ordinance 83-019, sec. 4, adopted 4/11/83; Ordinance 84-061, sec. 3, adopted 8/27/84; Ordinance 85-051, sec. 3, adopted 9/9/85; Ordinance 88-019, sec. 3, adopted 5/18/88; Ordinance 95-040, sec. 2, adopted 10/2/95; Ordinance 2002-063, sec. 2, adopted 12/17/02; 1988 Code, sec. 34-24)
In computing the amount of the charge for sewer service rendered a commercial or industrial user, any amount of water consumed in a product or process, and not returned to the sewer system, shall be deducted from the user’s total monthly water consumption. It shall be the sole obligation and responsibility of the commercial or industrial user to furnish the city with the necessary information to reasonably determine the amount of water so consumed in the product or process.
(1970 Code, sec. 31-21; 1988 Code, sec. 34-25)
In cases where a water meter shall fail, from any cause, to register water usage and consumption for any month or portion thereof, the division is hereby authorized, in its discretion, to compute the estimated actual usage and make charges for water and sewer service on the basis of an average of the metered or registered usage during the three (3) months immediately preceding.
(1970 Code, sec. 31-22; 1988 Code, sec. 34-26)
No deduction or adjustment of the charges made for water and sewer service shall ever be made on account of any water lost or wasted as the result of leaks in fixtures, frozen pipes or other causes, unless such deduction or adjustment shall be directed by the city council or its authorized representative, the director of finance, following a thorough and complete investigation of the circumstances surrounding such loss or waste.
(1970 Code, sec. 31-23; Ordinance 86-028, sec. 1, adopted 8/11/86; Ordinance 2007-014, sec. 4, adopted 7/23/07; 1988 Code, sec. 34-27)
(a) 
Each purchaser, consumer, or customer of city water, city sewer, or city residential garbage collection service, as such services are provided by the city under its Code of Ordinances, shall, at the time of making application for such water, sewer, or garbage service, make a deposit with the city in the amount set forth in the fee schedule in appendix A of this code.
(b) 
The charges for water service, sewer service, and residential garbage service established by this chapter shall be chargeable as a lien and a legal charge against the deposit made pursuant to this section. In addition, any extraordinary charges incurred by the city associated with the customer’s water, sewer, or residential garbage account shall be chargeable against the deposit made pursuant to this section.
(1970 Code, sec. 31-24; Ordinance 2517, sec. 6, adopted 7/14/80; Ordinance 84-061, sec. 4, adopted 8/27/84; Ordinance 98-042, sec. 3, adopted 8/31/98; Ordinance 99-086, sec. 3, adopted 12/13/99; Ordinance 2005-017, sec. 4, adopted 5/18/05; Ordinance 2005-058, sec. 2, adopted 10/24/05; Ordinance 2007-014, sec. 5, adopted 7/23/07; Ordinance 2008-029, sec. 4, adopted 9/9/08; 1988 Code, sec. 34-28; Ordinance adopting 2021 Code)
(a) 
The division shall render bills for readiness-to-serve and water service or for sewer service furnished by the city to any person on a monthly basis, with such billing being rendered on or about the same day each month. Bills and accounts shall be due and payable on or before the fourteenth day following the billing date and shall become delinquent on the twenty-second day after such billing date.
(b) 
The division shall determine and designate the accounts for water and sewer service furnished by the city and the billing dates therefor, all of which shall be due and payable in the water and sewer billing office, 120 East Kaufman Street, Paris, Texas.
(c) 
In all cases where the contract for the sale and delivery of city water covers and includes the furnishing of such service to more than one (1) consuming unit, whether family, residential or business, the charges and bill for the whole supply thereof shall be made only to the contracting applicant and purchaser.
(1970 Code, sec. 31-25; Ordinance 2345, sec. 1, adopted 8/8/77; Ordinance 85-051, sec. 4, adopted 9/9/85; Ordinance 86-003, sec. 1, adopted 3/10/86; Ordinance 2004-019, sec. 4, adopted 7/12/04; Ordinance 2006-028, sec. 1, adopted 8/14/06; Ordinance 2007-014, sec. 6, adopted 7/23/07; 1988 Code, sec. 34-29)
(a) 
Discontinuance of water service.
If any person shall fail to pay for water service or for sewer service rendered to such person by the city before the expiration of seven (7) days after the date on which such bill is due and payable, the water service of such person shall be discontinued, and such service shall not again be resumed until such person shall have paid the delinquent water and sewer bill in full, together with a service fee. It shall be unlawful for any person, other than a duly authorized employee of the city, to reconnect such service.
(b) 
Failure to pay for removal of waste from rental property.
In the case of rental property, should the city incur expenses related to the removal and disposal of garbage, trash, bulky waste or other property put out for collection by the city and these expenses are not paid by the renter of the property or covered by the water deposit, the city may attach those expenses as a lien against the property and refuse service to the property until such expenses and any accrued interest is paid in full.
(c) 
Hearing.
The director of finance of the city is designated the due process hearing officer for water and sewer accounts and as such will hear and determine matters of hardship, illness or disability which would justify a payment schedule other than that fixed by this article.
(d) 
Variance of payment schedule.
Water patrons desiring special consideration with regard to the payment and billing schedule as established by this article must make affidavit showing the circumstances upon which they request a variance of payment schedule. Such affidavit shall be delivered to the director of finance who may act solely upon the affidavit or may set a hearing date and require the water customer to be present for the purpose of answering under oath questions concerning the request for variance of payment schedule. A determination by the director of finance may be appealed to the city council.
(e) 
Making false affidavit.
Any person making false affidavit for the purpose of gaining a variance in water or sewer payment schedule shall be guilty of a misdemeanor, and be punished as provided in section 1.01.009 of this code.
(1970 Code, sec. 31-26; Ordinance 2246, sec. 2, adopted 10/13/75; Ordinance 83-019, sec. 5, adopted 4/11/83; Ordinance 85-057, sec. 5, adopted 9/9/85; Ordinance 86-028, sec. 2, adopted 8/11/86; Ordinance 2004-019, sec. 5, adopted 7/12/04; Ordinance 2006-028, sec. 2, adopted 8/14/06; Ordinance 2007-014, sec. 7, adopted 7/23/07; 1988 Code, sec. 34-30)
(a) 
As authorized by Texas Local Government Code, section 552.0025, there is hereby imposed a lien on each property that is served by the city's water and/or sewer system to secure the payment of delinquent municipal utility services.
(b) 
Said lien for delinquent utility bills shall not apply to any category of real property owner specifically exempted from such lien pursuant to the provisions of state law, including:
(1) 
Homesteads protected by the Texas Constitution;
(2) 
Property of which service was connected in a tenant's name after notice by the property owner to the city that the property is a rental; or
(3) 
Property with delinquent bills incurred by a tenant of the property owner for a service account in the tenant's name prior to June 9, 2025, the effective date of this section.
(c) 
The lien shall be perfected by recording in the Lamar County Real Property Records a notice of lien containing a legal description of the property and the account number for the delinquent charges. The lien may include penalties, interest, and collection costs. A lien recorded under this section is inferior to a bona fide mortgage lien that is recorded in the county real property records prior to the city's utility lien but is superior to all other liens, included previously recorded judgment liens and any liens recorded after the city's utility lien.
(d) 
Said privileged lien shall bear interest at the rate of 10% per annum from the date the first bill for which there is an arrearage due, and shall state an administrative fee as approved by the city council. For any amounts due under the lien including fees and interest, the suit may be instituted and foreclosure had in the name of the city and the statement so made as aforesaid, or a certified copy thereof, shall be prima facie proof of the amounts owed.
(e) 
Notice and appeal:
(1) 
After the filing of lien pursuant to this section, the city shall within 30 days of the filing of the 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 that such a lien or liens have been filed on that property and inform the owner and account holder of their rights of appeal by mailing notice to the owner at the addresses shown on the utility account and on the county tax roll as shown by the records of the Lamar County Appraisal District for said property.
(2) 
Within 30 days of the postmark 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 finance director or his or her designee.
(3) 
The finance director or his or her 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 the 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 until the time of the appeal, has been a homestead as defined by the Texas Constitution.
(4) 
The city may modify or release the lien to reflect the true amount of delinquency in payment for service to the property if the owner has demonstrated that a lesser bill is owing than is alleged.
(5) 
The person listed on the county appraisal district records as being the owner of any given piece of property shall be presumed to be the owner for purposes of this section, and the address listed for the owner in said records shall be presumed to be the address of the owner.
(f) 
Release of lien:
(1) 
Whenever a person or entity pays the principal, interest, administrative fee and filing fee of lien validly filed pursuant to this section, the city manager shall execute a release of that lien and surrender it to the paying party.
(2) 
The city shall not be responsible for filing or recording the release.
(Ordinance 2025-010 adopted 6/9/2025)
(a) 
When it becomes necessary for the water department of the city to disconnect or reconnect water service the charges set forth in the fee schedule in appendix A of this code shall apply.
(b) 
It shall be unlawful for any person other than a city water department employee, city engineering department or public works department employee to install, remove, repair, adjust, turn on or off or tamper with a city water meter.
(c) 
A meter tampering charge as set forth in the fee schedule in appendix A of this code shall be assessed against any customer that tampers with the city water meter as described below. This charge does not include the cost of any water illegally taken during or following the meter tampering. This fee will be charged and recovered from the account active at the time of the tampering. In cases where there is no current active account, the fee will be charged to the property owner and new service not initiated until the fee is paid. Meter tampering shall include, but not be limited to, the following:
(1) 
Broken meter lock;
(2) 
Damaged, broken, or disconnected curb stop;
(3) 
Dialog damaged or disconnected;
(4) 
Meter lock removed;
(5) 
Damaged or broken meter;
(6) 
Meter stolen;
(7) 
Unauthorized connection inserted;
(8) 
Any unauthorized water usage; or
(9) 
Any other damage to city property as a result of tampering activities.
(1970 Code, sec. 31-29; Ordinance 83-019, sec. 6, adopted 4/11/83; Ordinance 84-061, sec. 5, adopted 8/27/84; Ordinance 2007-014, sec. 8, adopted 7/23/07; Ordinance 2008-029, sec. 5, adopted 9/9/08; 1988 Code, sec. 34-32; Ordinance adopting 2021 Code)
The water billing office manager or the director of finance may, at their discretion and when justified by appropriate circumstances, authorize the following special service arrangements:
(1) 
A customer with an active, non-delinquent account may be permitted to have a second water connection at a separate service location for a period of time not to exceed ten (10) days for the purposes of cleaning or repairing the second location without being required to post a second water deposit. Before such special arrangements may be made, the water customer must make a request for such arrangement in writing to the water billing office manager or the director of finance. If such a request is authorized, the additional ten-day period of service at the separate location shall constitute a separate billing period, subject to all minimum billing provisions and an additional service fee as set forth in the fee schedule in appendix A of this code.
(2) 
With the prior approval of the water billing office manager or the director of finance, water service may be provided for a six-hour period for the purpose of a third party inspection required in the sale or the purchase of a home, provided a fee as set forth in the fee schedule in appendix A of this code is paid in advance.
(3) 
With the prior approval of the water billing office manager or the director of finance, a customer with an active non-delinquent account may be allowed to transfer to a new address with utility service while continuing service at the former address for a period of time not to exceed ten (10) days without having to post a second water deposit. The ten-day period of continued service at the former address authorized herein shall be considered a separate billing period, subject to all minimum billing provisions if the ten-day period runs past the regularly scheduled billing period for the former address.
(Ordinance 2004-019, sec. 6, adopted 7/12/04; 1988 Code, sec. 34-33)