HomeMy WebLinkAboutOrdinance No. 2012-02 (Title: First reading of an ordinance amending the Code of Ordinances of the City of Friendswood,
Texas, Chapter 86,Utilities,Sections 86-94 and 86-95; providing rules and regulations governing
adjustments ofwater usage bills)
ORDINANCE NO. 2012-02
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FffiENDSWOOD,
TEXAS, CHAPTER 86, UTILITIES, SECTIONS 86-94 AND
86-95; PROVIDING RULES AND REGULATIONS
GOVERNING ADJUSTMENTS OF WATER USAGE BILLS
DUE TO DEFECTS IN CUSTOMER LINES, AND
ADJiTSTMENTS OF WATER USAGE BILLS DUE TO
UNUSUAL AND INEXPLICABLY LARGE USAGE;
PROVIDING FOR A PENALTY OF AN AMOUNT NOT TO
EXCEED $500 PER VIOLATION; AND PROVIDING FOR
SEVERABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF '
FRIENDSWOOD, STATE OF TEXAS:
Section 1. Chapter 86, Utilities, is hereby amended revising subsection 94 to read as follows
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Sec. 86-94 Adjustment of bill as result of defect in customer's line.
a) Any residential commercial multifamily or outdoor customer of the city may request an
adiustment of any water bill submitted to him by the city for water usage because of a loss of
water through an excusable defect in the customer's water line provided that only one bi- �
monthly bill out of six consecutive bi-monthly bills ma�justed, by filing a sworn !
written a�plication with the utility official and mailinQ or delivering the same to the
department within six months of the repair of the excusable defect Such application shall
contain the followinQ matters and such other information as the utility official ma�quire: �
(1) The name of the customer the address or description of the propert�premises II'I
fuinished water the bi11 which is sought to be con�ected, the date of the bill and I
the period of water usa�e covered thereb� �
(2) A statement of the date on which the excusable defect in the customer's water line i
was discovered and the date on which it was repaired; and a statement that water II�
was lost through the city water meter seivin sg uch property and that such water I
was not used in any manner b�� �I
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(3) A written acknowledement that the customer makes the statements shown on the
�lication and swears to their tiuth for the put�pose of requestin�the city to g'�ant
a reduction in the amount of the water bill for which a coi7•ection is requested.
(4) The application shall show whether or not there have been any additional water
�liances placed in use on the customer's premises durin¢the period covered by
such bill or in the preceding twelve (12 months.
(5) Documentation shall be submitted detailing the exact nature and date of the
renaiis to the customer's water line.
(6) This documentation should also include proof or statement bv the customer or
vendor makin� the repair whether or not the additionaUexcess water flowed
tlu•ough the city's sewer system.
(7) A statement that the customer is personally familiar with all of the matters of facts
stated in the application and sworn to therein, that they are made on his/her
personal knowled¢e and tl�at they are each tLUe and coi7ect.
(8) The customer shall execute a statement setting forth an understandin� that the
�lication is a ¢overnment record subiect to criminal prosecution for faise '
statements under chapter 37 of the Texas Penal Code and shall state that the
�licant/account holder certifies that the application contains no false statements.
(9) As used in this section, the term "excusable defect" shall mean a iupture or
leaka�e of the customer's water line(sl as mav be caused bv freezing weather,
settlement, corirosion, wear or accident. The term does not apply to defective or
out-of-repair faucets or other plumbinq fixtures, such as toilets.
b) Aoplications under this section shall be made on foims prescribed by the Director of
Administrative Services.
c) Unon receipt of a properlv com leu ted application, the utility official shall review such
�lication, and if.he/she approves the same as being in compliance with this section, the
customer's bill shall be coiY•ected b�apvlving to the amount of the water consumption shown
thereon in excess of the customer's average water usage, a rate of char¢e equal to one-half of
the noirnal rate of such water usage of customer's rate classification, which reduction in rate
shall be accomplished in the followin�manner: �
Ord 2012-02 2
(1) The customer's average water usa�e over the prior twelve (12) months shall be
determined. If the customer has not had water seivice at the seivice address for a
sufficient len¢th of time to make such detertnination, then the average water
usage over a period of twelve months for city water customers will be used. This
average water usage so determined will hereafter be referred to as "avera�e
usage".
(2) From the total water consumption shown on the bill submitted for correction, the
avera@e usage will be deducted. The resulting fieure will hereafrer be referred to
as "excess usage".
(3) The excess usa�e will be considered consumption beyond the avera�e usage, and
one-half of the regular rate for consumption beyond the average usage (far
customer's rate classification) will be applied to the excess usaQe and this will
deteimine the amotmt the customer must pay for the excess usa�e.
(4) The reeular rate for the customei's rate classification will be applied to the
average usage and this amount will be added to the amount due for the excess
usage and the total of those two amounts will be the amount that the customer
must�av for water usage during the neriod covered b t�justed bill.
(5) If the customer provides documentation that the excess water usa�e did not flow
tiuough the city's sewer system, the sewer charqes included on the customer's bill
in question will be adjusted to charge for the customei's twelve (121 month
average sewer usage.
d) Any coirection authorized in the section shall be accomplished if the bill under consideration
for adjustment has alread�paid, by crediting the customei's account with the amount ,
thereof, to be a�plied against charges for water and/or sewer thereafter acciuing. If a �
customer whose account has been so credited discontinues water service before the amount
of the credit shall have been absorbed bv such subsequent char�es, the remaining balance
shall be refunded by check payable to the customer and mailed to the forwarding address
provided bv the customer at the time of seivice discontinuance, if all other sums due the citv
have been paid. If such bill has not ah•ead�paid, the coirection shall be made by
reducing the amount of such bill accordingly.
e) A determination by the Directar of Administrative Seivices, or their desi�nee, of the amoimt
of a correction to be made in a customer's water bill in accordance with the provisions of this
section shall be final.
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Ord 2012-02 3
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5ection 2. Chapter 86, Utilities, is hereby amended revising subsection 95 to read as follows:
Sec. 86-95. Adjustment of unusually large bill.
a) Any single-family residential, multi-family residential, commercial or outdoor customer who
receives a water bill for any �iven billin�period that is computed on the basis of a gross
quantit�greater than 200 percent of the average bi-monthly rg oss quantit�pplicable to such
customer, mav request an adjustment of the bill in the manner provided in this section;
provided, that for an�given customer, only one such bi-monthlv bill out of any series of six
{6) consecutive bi-monthly bills mav be adjusted under this section. The average monthly
i�quantitv applicable to a customer means the avera�e ig•oss quantity for water service to
the same premises durin� the months immediately preceding the period for which the
�ustment is sought. In order to request such an adjustment, the customer shall file an
a�plication for the adjustment on a foim fuinished by the utility official. The a�plication
form shall contain a statement setting foi�th and understandine that the a�lication is a
government record subject to criminal prosecution for false statements under chapter 37 of
the Texas Penal Code, and the customer shall state that the a�lication contains no false
statements. The application shall identify the bill and briefl, s�
1) The reasons for the request for the adjustment;
2) A description of the additional water appliances or fixtw•es, if any, that have been
nlaced in use by the customer during the billing cvcle in question or the �eceding
twelve (121 months;
3) That there have been no plumbing repairs or necessity therefore during the billing
neriod for which an adjustment is sought or that the nature of any plumbing defects
was not such as would explain the additional usa¢e; and
4) Such other information as the application mav require.
b) Upon ieceiving such application, the utility official shall make an investi�arion to detei7nine �
if an error was made, which investi�ation shall include inspection of the customer's water
meter for accuracv and review of the ciistomer's billing record. If the initial investi ag tion
reveals a billin� or meter error, the utility official shall make an adjustment to coirect the
error. If the investigation does not reveal an en•or, the utilitv official mav make such fui�ther
investigation as the utility official deems advisable and shall give full consideration to the
statements contained in the customer's application. ff the utilitv official concludes that, in all
reasonable probability, the customer was charged for more water than the customer
consumed durinp the billing period in question but is unable to account to such unusual
quantit� the utility official shall re-compute the bill usinq as a gross quantit�percent of
the avera�e bi-monthly rg oss quantitv aprolicable to the customer. ,
Ord 2012-02 4
c) In the event that an ad�ustment is made under this subsection, it shall be accomplished, if the
bill under consideration for adjustment has alread�paid, by crediting the customer's
account with the amount thereof, to be applied against charges for water thereafter accruing.
If a customer whose account so credited discontinues water seivice before the amount of the
credit has been absorbed by such subsequent charges, the remainin� balance shall be
refunded bv check�ayable to the customer and mailed to the foitivarding address provided by
the customer at the time of discontinuance, if all other sums due the city have been paid. If
such bili has not alread�paid, the adiustment shall be made bv reducing the amount of
such bill accordinglv.
d) A determination by the Director of Administrative Seivices, or their desi¢nee, of the amount
of a correction to be made in an customer's water bill in accordance with the provisions of
this section shall be final.
Section 3. Penaltv Any person who shall violate any provision of this Ordinance shall
be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to
exceed $500. Each day of violation shall constitute a separate offense.
Section 4. Severabilitv. In the event any clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person ar circumstances shall far any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate the Ordinance as a whole or any part or provision hereof other than the part i
declared to be invalid or unconstitutional; and the City Council of the CiTy of Friendswood,
Texas, declares that it would have passed each and every part of the same notwithstanding the
omission of any such part thus declared to be invalid or unconstitutional, whether there be one or
more parts.
PASSED AND APPROVED on �rst reading this 9th day of Januarv,2012.
PASSED, APPROVED, AND ADOPTED on second and final reading this 23rd day
of Januarv, 2012.
�„A� /
David J. . mith ��
Mayor �
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Ord 2012-02 5
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ATTEST:
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Melinda Welsh, TRMC ,� �
City Secretaiy s
A�Tg OF T����
Ord 2012-02 6
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