A. The City shall provide water, wastewater, waste collection, electric and/or solid waste and recycling utility service to Customer:

1. as authorized by the City’s Code of Ordinances (“Code”); applicable federal, state, county, and City laws, orders, ordinances, rules, standards, technical requirements, and regulations (collectively, “Regulations”); and this Agreement;
2. to a valid service address;
3. to a Point of Delivery that complies with the Code and Regulations;
4. for the rates, fees, and charges adopted by the City Council; and
5. if Customer does not owe money to the City for utility service previously provided to Customer, unless Customer has entered into a Deferred Payment Agreement with the City.

B. The City shall use reasonable diligence to supply a Customer with continuous utility service but does not guarantee the service against an irregularity or interruption. The City is not liable to Customer for property damage, personal injury, business damage, or other loss resulting from a negligent or non-negligent act of the City that causes an interruption or failure of water, wastewater, electric, or solid waste disposal or recycling service, a delay in commencing service, fluctuation of water or water pressure, or irregularities in wastewater service. The City is not liable to Customer or to any other person, for property damage, personal injury, business damage, or other loss resulting from a power black-out, power brown-out, interruption or failure of electric service, delay in commencing service, low voltage, high voltage, power surges, or fluctuation of power voltage, wave form, or frequency, caused by a negligent or non-negligent act of the City.

C. The City may interrupt a Customer’s utility service when necessary to repair, change, or relocate the City’s equipment and facilities. The City is not liable for damage resulting from interrupted service for repair, change, or relocation.

A. CUSTOMER UNDERSTANDS AND AGREES THAT ALL ORDINANCES OF THE CITY (AS NOW WRITTEN AND AS HEREAFTER AMENDED) WHICH RELATE TO WATER OR SEWER SERVICE OR TO PLUMBING MATTERS, INCLUDING THOSE ORDINANCES WHICH IMPOSE CRIMINAL SANCTIONS, APPLY TO WATER AND SEWER SERVICES PROVIDED BY THE CITY TO PREMISES OUTSIDE OF THE CORPORATE LIMITS. CUSTOMER ALSO UNDERSTANDS AND AGREES THAT THE CITY MAY SUSPEND OR DISCONNECT SUCH SERVICES IN THE EVENT THAT THE CUSTOMER OR ANY OTHER PERSON AT THE PREMISES TO BE SERVED FAILS TO COMPLY WITH SUCH ORDINANCES, WITHOUT REGARD TO WHETHER OR NOT CRIMINAL SANCTIONS ARE ENFORCEABLE AGAINST ANY SUCH PERSON.

B. Customer is responsible for complying with the terms and conditions of the Code and the Regulations pertaining to utility service.

C. Customer is responsible for payment of all applicable deposits, fees, rates, charges, fines and penalties as set forth in the Code and Regulations.

D. Customer is responsible for utility service, facilities, and equipment on the Customer’s side of the Point of Delivery.

1. “Point of Delivery” means: (a) for electric service, the end of the City’s drop or the point where the City’s wires are joined to Customer’s wires or equipment; (b) for water service, the water meter or the Customer’s property line if the meter is installed on the Customer’s property; (c) for bulk water service, the bulk water meter installed on the designated fire hydrant used to take water from the designated fire hydrant; (d) for wastewater service, the Customer’s property line or the edge of a City or public utility easement in the absence of a right-of-way line at the location and elevation of the City service is installed on the Customer’s property; and (e) for solid waste and recycling service, the closest point to the curb line or pavement edge of the right-of-way.
2. Customer’s responsibilities under this Section include being responsible for excessive consumption caused by faulty equipment or settings on equipment, promptly repairing all leaks on the Customer’s side of the Point of Delivery, protecting customer-side plumbing from pressure fluctuations, and if Customer fails to perform such maintenance, paying for the City to perform such work.

E. Customer may not re-meter or re-sell utility service, add an additional dwelling unit to the same property, or extend or connect the Customer’s utility service to adjacent property having another street or service address, even if the other property is also owned by the Customer.

F. If Customer vacates a service address before providing the City with notice to cancel utility service, Customer is responsible for charges for utility service and violations of the Code or Regulations that occur before the City receives cancellation notice.

G. By receiving City utility services, Customer agrees to allow City necessary access to Customer’s property and conveys to the City a perpetual right-of-way that is:

1. acceptable to the City;
2. across the property owned or controlled by Customer;
3. for the City’s lines and line extensions, poles, meters, taps, connections, valves, and all other equipment necessary or incidental to supply service to Customer; and
4. at no cost to the City.

H. Customer shall:

1. maintain Customer’s property to allow verification of the service address of the premises from the street;

2. provide the City, its agents, contractors, and employees safe and unobstructed access to the Customer’s property to allow the City to:

   • use, maintain, remove, or replace City property;
   • read a utility meter;
   • trim or remove a tree or shrubbery that interferes with or creates a danger to a utility line or other City utility equipment;
   • remove an object that interferes with or creates a danger to a utility line or other City utility equipment;
   • inspect wiring, a plumbing system, a backflow prevention method or assembly, or other equipment on a new or remodeled installation;
   • turn off an irrigation system if the customer is irrigating on a day or time prohibited under Chapter 13.15 (Water Conservation) or Chapter 13.16 (Drought Contingency Regulations) and the Customer cannot be located;
   • connect or disconnect a bulk water meter under Chapter 13.35;
   • sample a wastewater discharge;
   • obtain a water or reclaimed water sample; and
3. take other action requested by the City necessary for the City to supply utility service to the Customer.

I. Customer’s Service Connection Points must be readily accessible to the City’s service facilities. The City may relocate a Customer Service Connection Point if the City determines relocation is necessary. “Service Connection Point” means (a) for electric service, the City-owned wires connecting the City’s distribution facilities to a Customer’s service terminal; (b) for water service, the City-owned pipes connecting the City’s water distribution facilities to Customer’s cut-off valve; (c) for bulk water service, the designated fire hydrant for receiving bulk water delivery from the City’s water system; (d) for wastewater service, the City-owned pipes connecting the City’s collection facilities to the Customer’s pipes; and (e) for solid waste and recycling service, the closest point to the curb line or pavement edge of the right-of-way.

J. Customer must reimburse the City for all costs incurred by the City resulting from the failure or refusal of Customer to comply with this Agreement, the Code, or the Regulations.

K. Customer is responsible for all damages caused by the Customer to any City property. Customer is also responsible for personal injuries to City employees and agents resulting from dangerous conditions on Customer’s property. If the Customer damages City property, the City can repair such damage and send an invoice to Customer for the full costs of the repairs. Payment in full of the invoice is due within thirty (30) days of receipt.

L. The City may disconnect or discontinue utility service if Customer fails to maintain Customer’s property as required by this Agreement. The City is not liable for damage to Customer’s property caused by City-authorized maintenance of a right-of-way, meter, tap, line, or any other City equipment or property.

M. Customer is responsible for utility service provided by the City to the Customer’s service address until the later of the date that the City:

1. receives notice of cancellations;
2. disconnects service; or
3. cloeses Customer’s account.

A. If Customer fails to comply with this Agreement, the City may:

1. disconnect service;
2. cancel the Agreement; or
3. take other action authorized by the Code or other law.

B. If Customer fails to pay for City utility service, the City may pursue all actions necessary to obtain payment from the Customer, or from another person as authorized by Texas law.

C. The City shall not be liable for any loss, injury or damage of any kind, including but not limited to consequential, special and punitive damages, resulting from the provision, interruption, reduction, loss or restoration of utility service to Customer from facilities owned by the City from any cause, including without limitation any loss by fire, flood, wind, accident, casualty, sabotage, terrorist act, strike, labor slow-down, act of God or the public enemy, pandemic, epidemic, or failure or inadequacy of water supply, electric power, supply. or wastewater capacity. Customer hereby agrees to, and shall be deemed to, RELEASE AND HOLD HARMLESS the City and its attorneys, employees, elected and appointed officials, officers, and/or agents jointly and severally, each and all of them, against all past, present and future claims, whether based on tort, contract, statute, ordinance or any other theory of recovery to the extent that the claims are described in Section I.B of this Agreement or related in any way to the provision of utility service by the City. This RELEASE AND HOLD HARMLESS defense is applicable to all claims of property damage, property loss, personal injury, illness, and death sustained by Customer related to the provision of utility service by the City, regardless of whether such property damage, property loss, personal injury, illness, or death was caused by the negligence of the attorneys, employees, elected and appointed officials, officers, and/or agents.