Chapter 13: Utilities
City of Lowry Crossing, TX Code of Ordinances
ARTICLE 13.01
GENERAL PROVISIONS
§ 13.01.001 Franchise agreement required; franchise fee.
(a) Purpose; applicability.The purpose of this section is to require that all public utilities operating
within the boundaries of the municipality, or providing service to any resident of the
municipality, or providing service to any resident within the extraterritorial jurisdiction of the
municipality, shall execute a franchise agreement with the city.
(b) Definition.For purposes of this section, a public utility is defined to be any corporation,
partnership, organization or proprietorship which provides a public service such as (but not
limited to) electricity, telephone, gas, water, sewer, cable television, waste pickup, etc.
(c) Term of agreement.The term of each agreement shall be as determined by the city council and
shall be clearly defined in the agreement.
(d) Agreements to be non-prejudicial.All franchise agreements shall be drafted in a manner so as to
be non-prejudicial, affording neither advantage nor disadvantage to any public utility, resident,
or group of residents.
(e) Rates for service.The rates charged for service by any public utility shall be subject to the prior
approval of the city council, except where such authority has been expressly delegated to
another agency such as the state public utility commission.
(f) Franchise fee.All public utilities shall pay to the city a franchise fee based on the gross revenue
collected for the sale of utility service(s) delivered or rendered within the boundaries of the
municipality.
(1) For purposes of determining this fee, gross revenue shall be interpreted to mean all revenue
collected from a customer (exclusive of the franchise fee itself or any local, state, or federal
taxes), whether for direct or indirect use of the service provided. For example, where the
local telephone company acts as the receiving agent for a long-distance company, the long-
distance charges shall be included in gross revenue.
(2) The rates used by any public utility to establish franchise fees shall be in accordance with
the latest rate schedule established and approved by the city council.
(3) At least 30 days before any amended rate schedule may be approved, a public hearing shall
be held to notify all affected parties of said amendment. Prior notice of the public hearing
shall be published at least 10 days before the hearing, such notice to be in a newspaper
having general circulation throughout the city.
(Ordinance 37 adopted 6/4/90)
§ 13.01.002 Charge for use of rights-of-way and easements.
(a) Established.Pursuant to section 182.025 of the Tax Code, a charge of two percent (2%) is levied
on the gross receipts derived from the sale of gas, electric energy or water by a public utility
within the corporate limits of the city for the use by a public utility of any city street, alley, or
other public way, including but not limited to rights-of-way and easements.
(b) Time and place of payment.The charge levied in subsection (a) of this section shall be due and
payable within forty-five (45) days after the close of any calendar quarter at the city hall.
(c) Audits.The city reserves the right to audit the books and records of any public utility operating
within the corporate limits of the city in order to determine that the public utility has fully paid
the charge levied herein.
(d) Non-impairment of existing agreements.This section does not alter or impair any contract,
agreement or franchise made between the city and a public utility company relating to a
payment made to the city. Any amounts paid by a public utility pursuant to any existing
contract, agreement or franchise with the city shall be credited against the charge levied herein.
(Ordinance 73 adopted 7/26/93)
§ 13.01.003 Jurisdiction over electric utility.
(a) The city does hereby elect to have the public utility commission of the state exercise exclusive
original jurisdiction over electric utility rates, operations, and services within the existing and
future incorporated limits of the city.
(b) The city hereby expressly retains the exclusive original jurisdiction over the rates, operations, and
services of water and sewer utilities within the existing and future incorporated limits of the city.
(Ordinance 21 adopted 9/29/80)
ARTICLE 13.02
SOLID WASTE
DIVISION 1
Generally
§ 13.02.001 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Code enforcement officer. The code enforcement officer of the city or the officer’s agent or designee.
Dry refuse or dry rubbish. Tin cans, papers, dry trash, pieces of wood, boxes, crates, tree limbs and
excelsior or other packing material, and other like materials and substances.
Garbage. Rubbish, trash, kitchen and household waste, including meat, vegetable and fruit refuse,
hedge trimmings, lawn trimmings, and merchandise containers, whether of paper, wood or other
materials.
Receptacle. Any waterproof, disposable, securely tied container which may be discarded, such as
plastic bags of not less than two-mil thickness, these being equal in strength and quality to the
disposable bags specified or provided by the city.
(Ordinance 246, sec. 1, adopted –/–/12)
§ 13.02.002 Penalty.
(a) It shall be unlawful for any person, firm, corporation, or other business entity to violate any
provision of this article, and any person, firm, corporation, or other business entity violating or
failing to comply with any provision hereof shall be fined, upon conviction, in an amount of not
less than one dollar ($1.00) and not more than five hundred dollars ($500.00), and a separate
offense shall be deemed committed each day during or on which a violation occurs or continues.
For purposes of this subsection, allegation and evidence of a culpable mental state is not required
for the proof of an offense under this article.
(b) Notwithstanding the foregoing, any person, firm, corporation, or other business entity who
intentionally, knowingly, or recklessly violates any provision of this article regarding dumping,
littering, or solid waste shall be fined, upon conviction, in an amount of not less than one dollar
($1.00) and not more than two thousand dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
(Ordinance 246, sec. 3, adopted –/–/12)
§ 13.02.003 Location of receptacles; use.
(a) No person shall place or throw any garbage or dry refuse of any kind or character upon any street,
sidewalk, alley, public way, parking lot or open space in the city, but all such garbage, refuse,
and rubbish shall be placed in a receptacle as described herein.
(b) Such receptacle shall be placed on the rear of the premises adjoining the alley (if any) at some
point accessible to the garbage collectors; and where not accessible to a paved alley, shall be
placed upon the front edge of the front sidewalk so as to be accessible to garbage collectors, or if
there is no front sidewalk, shall be placed at the edge of the street adjacent to the premises where
the person placing the receptacle resides (the front edge of the front sidewalk and the edge of the
street being referred to herein as the “curbside location”). Where a property includes an exterior
“trash closet” or storage area for trash receptacles (“trash closet”), these shall be used instead of
front sidewalk edge pickup. Otherwise, the garbage receptacle shall be placed at such locations
as may be designated by the code enforcement officer.
(c) It shall be illegal to permit receptacles serving residential users to remain on a street right-of-way
(front, side or rear), at the curbside location, or in a trash closet, on days other than those
designated by the city for garbage and trash pickup.
(d) It shall be unlawful and an offense for any owner or the person in charge of any residence to
allow garbage, rubbish or refuse to be piled or placed or to accumulate on any sidewalk or street
within the city. All such garbage, refuse and rubbish shall be placed in receptacles as provided
for in this article.
(Ordinance 246, sec. 2, adopted –/–/12)
§ 13.02.004 Standards for receptacles.
(a) The owners or operators of every type of business and all occupants of residences or dwelling
houses in the city shall deposit garbage or refuse in an acceptable plastic container with a
watertight cover, and such container shall have an adequate capacity that is acceptable to the
city’s waste collector that is providing service to such owner or operator.
(b) Such receptacle shall contain handles and shall be rodent- and insect-proof and shall be kept
covered at all times, except when garbage and refuse are being deposited therein or removed
therefrom.
(c) Where equipment service containers or garbage receptacles are furnished by the city or its
contractor, deposits of garbage and trash shall be placed in such containers and [the containers
shall be] used in accordance with this article.
(Ordinance 246, sec. 3, adopted –/–/12)
DIVISION 2
Franchise for Commercial Collectors
§ 13.02.031 Definitions.
Collector. Any person, corporation, partnership or similar entity that contracts for valuable
consideration to pick up or collect municipal solid waste on a regular basis from any collection point
within the corporate limits of the city.
Municipal solid waste. Solid waste resulting from or incidental to municipal, community (residential),
commercial, institutional, and recreational activities, and includes garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial solid
waste as defined by state or federal law.
(Ordinance 121, sec. 1, adopted 11/7/00)
§ 13.02.032 Penalty.
Any person, firm or corporation violating any provision of this division shall be deemed guilty of a
misdemeanor, and upon conviction shall be subject to a fine not to exceed the sum of five hundred
dollars ($500.00) for each offense, and each day that a violation occurs or continues constitutes a
separate offense.
(Ordinance 121, sec. 8, adopted 11/7/00)
§ 13.02.033 Franchise required.
(a) It shall be unlawful and a violation of this division for any person, firm, corporation, or other
entity to regularly use the public streets of the city as a “collector” of “municipal solid waste” as
those terms are herein defined, without first having obtained a collection franchise pursuant to
the terms of this division.
(b) Any person, firm, corporation, or other entity may lawfully, and without obtaining a collection
franchise, respond to or seek the request from any citizen or property owner to pick up and charge
a fee for the disposal of waste items not regularly disposed of by a regular franchise collector,
such as dead animals, abandoned or junk vehicles, construction waste, scrap lumber, tree cuttings,
abandoned or junk home appliances, and other such large waste items.
(c) In the event of a conflict between the requirements of this division and any specific franchise
agreement, the specific agreement shall control.
(Ordinance 121, sec. 4, adopted 11/7/00)
§ 13.02.034 Requirements for obtaining franchise.
(a) The collector must be duly licensed or permitted to deposit municipal solid waste at or in a
landfill regulated and approved by the proper state commission.
(b) The collector must use trucks and equipment meeting the approval of the city that will prevent
spillage and damage to the streets and ways used by such trucks and equipment. The collector
shall also abide by any city regulations with regard to the placement of collection containers if it
becomes necessary to establish such regulations. Unless such regulations become necessary, the
collector shall establish the such locations.
(c) The collector shall provide the city with a certificate of insurance showing general public and
motor vehicle liability coverage with limits of at least $500,000.00 per person/$1,000.000.00 per
accident/$100,000.00 property damage.
(d) The collector shall agree to defend, indemnify, and hold the city and each of its officers and
employees harmless from any and all suits, actions, claims, losses or damages of any character
and from all expenses incidental to the defense of such suits, actions or claims based on or arising
out of any injury, disease, sickness, or death of any person or persons, or any damages to any
property caused by any act or omission of the collector or its officers, agents, servants, employees
or anyone else under the collector’s direction and control, and arising out of, occurring in
connection with, resulting from, or caused by the performance or failure of performance of any
work or services under the franchise or conditions created by the performance or nonperformance
of said work or services.
(e) The collector’s franchise agreement shall make it clear that the collector operates as an
independent contractor, and that such franchise is non-exclusive, and may be terminated at the
discretion of the city council as herein provided.
(f) Franchise collectors shall be free to contract with each individual customer, as an independent
contractor, and set their fee for collection based on the type and amount of waste to be collected.
(g) Each contractor shall pay an annual administrative fee as set forth in the fee schedule provided in
appendix A to this code, the first payment being due on the effective date of the ordinance
granting the franchise, and a franchise fee in an percentage as provided in the fee schedule of the
gross basic service charge paid by the grantee’s customers located within the corporate limits of
the city. Such payment to be made within sixty (60) days subsequent to the grantee’s quarterly
accounting period and shall be in addition to any other tax or payment owed to the city by the
grantee, including any payment for ad valorem taxes, if any.
(h) The present policy of the city is to permit grantees (more than one) to operate within the city,
each seeking its own customer base and dealing directly with its own customers. Provided,
however, and notwithstanding any term established in this franchise, it is understood and agreed
that this franchise may be terminated for cause after a hearing before the city council if:
(1) The grantee has failed to give prompt and courteous attention to and correct complaints filed
by its customers; or
(2) The grantee has failed to provide an adequate regular collection service, or is in any way in
violation of its franchise agreement, after being given a reasonable time to correct such
failure or violation.
(i) Each franchise shall be personal to the collector and may not be sold or transferred to another
without first obtaining city council approval. Provided, however, such approval shall not be
unreasonably withheld, but will require the transferee to obtain city council approve, and its own
franchise agreement [sic].
(j) Each franchise term shall be for 5 years; provided, however, the city council may increase or
decrease the franchise term by the number of days and months necessary to establish a
termination on a specific future date approximately 5 years following the initial grant. The intent
of this provision is to permit the city to establish a common date during the year for the
termination of various franchises granted by the city.
(k) The franchise shall provide that the city shall retain the right to place limitations on the collection,
including prohibiting collection trucks on certain streets where heavy trucks will damage the
street.
(Ordinance 121, sec. 3, adopted 11/7/00; Ordinance adopting Code)
§ 13.02.035 Collection regulations.
(a) No collector shall collect any municipal solid waste within the corporate limits of the city without
first obtaining a waste collection franchise issued by the city.
(b) No collector shall collect any municipal solid waste within the corporate limits of the city without
first obtaining and holding all other permits required by any other governmental agency or
political subdivision having jurisdiction [over the] collector’s operations, including but not
limited to the state commission on environmental quality and the North Texas Municipal Water
District.
(c) No collector shall allow any municipal solid waste to spill or fall from the collector’s equipment
within the corporate limits of the city. In the event that spillage should occur, the collector shall
completely remove such spillage within twenty-four (24) hours of notice of spillage occurrence.
(d) No collector shall cause damage, beyond normal wear and tear, to any street or roadway within
the city. In the event the collector causes damage to any street or roadway within the city, the
collector shall be given written notice to immediately cause such damage to be repaired under the
supervision of the city inspector. Such notice shall provide that, in the event the collector does
not acknowledge responsibility for making such repairs within seven (7) days of notice, a hearing
will be held by the city council on the question of responsibility for such damage. If at such
hearing the council finds that the damage was caused by the collector and such damage was
beyond normal wear and tear, the city council may request the collector to cause such damage to
be repaired under the supervision of the city inspector, and if such damage is not repaired within
the time stated the city council may within its sole discretion terminate the collector’s franchise
and right to use the public streets within the city to carry on its business.
(e) All collectors shall clearly mark all collection vehicles with the collector’s name, address and
telephone number.
(f) The trucks used by collectors to collect waste within the city shall be no larger than a “single
axle” type, and shall not exceed 25,000 pounds in weight, unless specific written approval is
granted by the city council.
(Ordinance 121, sec. 2, adopted 11/7/00)
UTILITIES
LOWRY CROSSING CODE