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HomeMy WebLinkAbout2026-4706 - Ordinance - 08/27/2026ORDINANCE NO. 2026-4706 AN ORDINANCE AMENDING CHAPTER 40, "UTILITIES," ARTICLE I, "IN GENERAL," SECTIONS 40-1, 40-2, AND 40-8 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO UTILITY METERS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 40, "Utilities," Article I, "In General," Sections 40-1, 40-2, and 40-8 of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibits "A", "B", and "C" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2026-4706 Page 2 of 6 PASSED, ADOPTED and APPROVED this 27th day of City Secretary APPROVED: .14,IA, A. City Attorney August , 2026. APPVED Lh Mar ORDINANCE NO. 2026-4706 Page 3 of 6 EXHIBIT "A" That Chapter 40, "Utilities," Article I, "In General," Section 40-1, of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding to the definitions list in the appropriate alphabetical order, the below new term: Sec. 40-1. - Definitions. Multi -Family: A structure providing three (3) or more dwelling units on a single lot or building plot. Condominiums are included in this definition. ORDINANCE NO. 2026-4706 Page 4 of 6 EXHIBIT "B" That Chapter 40, "Utilities," Article I, "In General," Section 40-2, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40-2. - Fines, penalties and charges. (a) Any customer or person who violates or fails to comply with a provision of this chapter shall be punished as provided in Section 1-7. (b) In addition to any criminal or civil fines or penalties a customer or person is subject to all actual costs, including but not limited to administrative, time, labor, equipment, materials, engineering and contractor fees the City incurs for remediation of the damage caused by a failure to comply or a violation of this chapter, including meter tampering and access. Any civil fines, fees or charges related to this Chapter are established in Section 2-117. (c) A customer or person is subject to all reconnect fees, including fees related to violations, failing to comply or meter tampering violations, if any utility service is disconnected because of a failure to comply or a violation. ORDINANCE NO. 2026-4706 Page 5 of 6 EXHIBIT "C" That Chapter 40, "Utilities," Article I, "In General," Section 40-8, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40-8. - Meter Access and Standard Meter. (a) Adequate Access. The provision of utilities is a contract entered into by the City and its customers. The customer shall provide access to meters for reading and service; and in view of that fact, no authorized City representative shall be denied access to meters. Adequate access is a condition precedent to the receipt of utility service from the City. Access is also a requirement of continued service. Failure to provide access shall be the basis for termination of service and a violation of this ordinance subject to fines and fees. For the purposes of this section, the term "adequate access" is defined as any of the following: i. The ability of an authorized City representative to physically access a meter without visual aid or without the presence of the customer; ii. Not enclosing the meter within a fence or other barrier without available means of direct access, and by not enclosing the meter within any structure; iii. Adequate access also requires the authorized City representative to be able to get to a meter without threat of bodily injury or by harboring aggressive, dangerous, or threatening animals in the meter's vicinity; or iv. Any other fact, circumstance, or situation, in the City's sole reasonable determination, that prevents physical access to a meter. (b) Failure to Provide Access. It is a violation of this ordinance if an authorized City representative determines that there is not adequate access to a meter. The representative will notify the property owner by tagging the door of the premises for purposes of termination of services. The representative will tag the premises no more than on three separate occasions. Utility usage will be estimated during these billing periods. On the fourth occasion if access is denied, the City will notify the customer in writing, by certified letter, giving the customer ten days to provide access. Failure to come into compliance within the ten-day period shall be grounds for termination of service. If the customer has not come into compliance within ten days, the customer will be charged the actual cost of disconnection and reconnection of service, whether or not service is actually terminated. (c) Standard Meter. The City will prescribe and install at its sole discretion, the type, brand, and model of utility meter as a condition of utility service. The utility meter is the City's property and not the customers. No person or customer may option out of the City's standard meter for any utility. If a person or customer refuses the City's standard meter the City will not provide utility service. (d) Violation. It shall be unlawful for any person to deny access to a meter or fail to provide adequate access to a meter. A violation of any portion or provision of this section shall ORDINANCE NO. 2026-4706 Page 6 of 6 constitute prima facie evidence against the person having subscribed for utility service or the person having the care, custody, control, or management of the building, room, or place for which such utility service subscription is made.