HomeMy WebLinkAboutOrdinance No. 99-08 . � . .
ORDINANCE NO. 9 9-8
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF FRIENDSWOOD, TEXAS, CHAPTER 78, UTILITIES, ADDING TWO
NEW SECTIONS TO BE NUMBERED 78-78 AND 78-79; PROVIDING
RULES AND REGULATIONS GOVERNING ADJUSTMENTS OF WATER
USAGE BILLS DUE TO DEFECTS IN CUSTOMER LINES, AND
ADJUSTMENTS OF WATER USAGE BILLS DUE TO UNUSUAL AND
INEXPLICABELY LARGE USAGE; PROVIDING FOR A PENALTY OF AN
AMOUNT NOT TO EXCEED $500 PER VIOLATION; AND PROVIDING
FOR SEVERABILITY.
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Section 1. Chapter 78,Utilities, is hereby amended by adding a new subsection 78 to
read as follows:
Sec. 78-78. Adjustment of bill as result of defect in customer's line.
�a�v residential, commercial, multifamily or outdoor customer of the citv may
request an adjustment of anv water bill submitted to him bv the city for water
usage because of a loss of water through an excusable defect in the customer's
water line provided that onlv one bimonthlv bill out of six consecutive bimonthly
bills may be adjusted, bv filin�a sworn written application with the utility official
and mailing or deliverin� the same to the department within six months of the
repair of the excusable defect. Such application shall contain the following
matters and such other information as the utilitv official ma��require:
(1) The name of the applicant, the address or description of the propertv or
premises furnished water, the bill which is sought to be corrected, the date
of the bill and the period of water usa�e covered thereby,
(2) A statement of the date on which the excusable defect in the applicant's
water line was discovered and the date on which it was repaired; and a
statement that water was lost through the citv water meter servin�
propertv and that such water was not used in anv manner b�,�e_
(3) A written acknowled�ment that the anplicant makes the statements shown
on the anplication and swears to their truth for the�urpose of re uq esting
the cit�to �rant a reduction in the amount of the water bill for which a
' correction is requested.
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(4) The application shall show whether or not there have been anv additional
water appliances placed in use on the applicant's premises durin� the
period covered bv such bill.
(5) Documentation shall be submitted detailing the exact nature and date of
repairs to the applicant's water line.
(6) A statement that the applicant is personallv familiar with all of the matters
of facts stated in the application and sworn to therein, that they are made
on his personal knowledge and that thev are each true and correct.
j71 The customer shall execute a statement setting forth an understanding that
the application is a �overnment record subject to criminal prosecution for
false statements under chapter 37 of the Texas Penal Code and shall state
that the applicant certifies that the application contains no false statements.
(8) As used in this section the term "excusable defect" shall mean a rupture or
leaka�e of the customer's water lines as mav be caused by freezing
weather, settlement, corrosion, wear or accident. The term does not annlv
to defective or out-of-repair faucets or other plumbing fixtures, such as
toilets.
(b) Applications under this section shall be made on forms prescribed bv the Director
of Administrative services.
(c�pon receipt of a properlv completed application, the utility official shall review
such application, and if he approves the same as being in compliance with this
section, the annlicant's bill shall be corrected bY applving to the amount of water
consumption shown thereon in excess of the applicant's average water usage, a
rate of charge equal to one-half of the normal rate of such water usage bv a
customer in the applicant's classification, which reduction in rate shall be
accomplished in the following manner:
�1) The applicant's average water usage over the prior twelve (12) months
shall be determined. If the applicant has not been a customer for a
sufficient length of time to make such determination, then the avera�e
water usa�e over a period of twelve months for citv water customers will
be used. This avera�e water usage so determined will hereafter be referred
to as"avera e usa e�."
(2) From the total water consumption shown on the bill submitted for
correction, the avera�ge will be deducted. The resulting figure will
hereafter be referred to as"excess usa�
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�3) The excess usage will be considered consumption bevond the average
usa�e, and one-half of the re�ular rate for consumption bevond the avera�e
usage (for customers in the applicants' rate classification) will be applied
to the excess usage and this will determine the amount the applicant must
pav for the excess usage.
(4) The regular rate for customers in the applicant's rate classification will be
applied to the avera�e usa�e 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 applicant must pav for water usa�e during the period
covered bv the adjusted bill.
(d) Anv correction authorized in this section shall be accomplished, if the bill under
consideration for adjustment has alreadv been paid, bv creditin tg he applicant's
account with the amount thereof, to be applied a�ainst charges for water thereafter
accruing. If an ap�licant, whose account has been so credited, discontinues water
service before the amount of the credit shall have been absorbed b�
subsequent charges, the remaining balance shall be refunded to the applicant in
cash at the time of discontinuance, if all other sums due the citv have been paid.
If such bill has not alread�paid,the correction shall be made bv reducin�the
amount of such bill accordin�lv.
(e) A determination bv the Director of Administrative Services, or their designee of
the amount of a correction to be made in an applicant's water bill in accordance
with the provisions of this section shall be final.
(fl If the excusable defect occurs durin� the sewer winter-average calculation period
(November-Februarvl, the winter-average will be adjusted to the�rior year's
winter avera�e. If the customer has not established a winter-average for the
previous vear, the city-wide, winter-average consumntion will be used to bill for
sewer service.
Section 2. Chapter 78, Utilities, is hereby amended by adding a new subsection 79 to
read as follows:
Sec. 78-79. Adjustment of unusual� large bill.
�a) Anv single-familv residential customer who receives a water bill for anv ig ven
billin� neriod that is computed on the basis of a rg oss quantitv greater than 200
percent of the avera�e bi-monthlv eross quantity applicable to such customer may
request an adjustment of the bill in the manner provided in this section: provided
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that for anv given customer, onlv one such bi-monthly bill out of anv series of 6
consecutive monthly bills mav be adjusted under this section. The average
monthlv �ross Quantit�pplicable to a customer means the average r�quantity
for water service to the same premises durin� the months immediately preceding
the period for which the adjustment is sought. In order to reauest such an
adjustment, the customer shall file an application for the adjustment on a form
furnished bv the utilitv official. The application form shall contain a statement
setting forth an understandin� that the application is a overnment record subject
to criminal prosecution for false statements under chapter 37 of the Texas Penal
Code, and the customer shall state that the application contains no false
statements. The application shall identifv the bill and brieflv state:
�1) The reasons for the request for the adjustment:
�2) A description of the additional water appliances or fixtures, if an� that
have been placed in use bv the customer durin�the current billin�cycle or
the preceding 12 months;
�3) That there have been no plumbin�pairs or necessity therefor durin t�he
billin�period for which an adjustment is sought or that the nature of any
plumbin�defects was not such as would explain the additional usa e�.�and_
(4) Such other information as the application may require.
(b) Upon receivin sg uch application, the utilitv official shall make an investi�ation to
determine if an error was made, which investi�ation shall include inspection of
the customer's water meter for accuracv and review of the customer's billing
record. If the initial investigation reveals a billing or meter error, the utility
official shall make an adjustment to correct the error. If the investi�ation does not
reveal an error, the utilitv official mav make such further investigation as the
utility official deems advisable and shall give full consideration to the statements
contained in the customer's a�plication. If the utility official concludes that, in all
reasonable probabilitv, the customer was charged for more water than the
customer consumed durin� the month in question but is unable to account to such
unusual quantitv, the utilitv official shall re-comnute the bill usin�a r� oss
quantitv 200 percent of the average bi-monthiv �ross quantitv applicable to the
customer. A determination by the utilitv official bv the nrovisions in this section
shall be final.
(c) In the event that an adjustment is made under this subsection, it shall be
accomnlished, if the bill under consideration for adjustment has alread�paid
by creditin�the customer's account with the amount thereof, to be applied against
char�es for water thereafter accruing. If a customer whose account so credited
discontinues water service before the amount of the credit has been absorbed bv
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such subsequent char�es, the remaining balance shall be refunded to the customer
in cash at the time of discontinuance, if all other sums due the citv have been paid.
If such bill has not alread�paid the adjustment shall be made bv reducing
the amount of such bill accordinslv.
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 sepazate offense.
Section 4. Severabilitv. In the event any clause, phrase, provision, sentence, or part
of the is Ordinance or the application of the same to any person or circumstances shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part 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.
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PASSED AND APPROVED on first reading this 4 th day of January , 19 9 9
PASSED, APPROVED, and ADOPTED on second and final reading this l�th day of
January , 1999.
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Harold L. Whitaker
Mayor
ATTEST:
c
. - ,
eloris McKenzi , T
City Secretary
MOTION: COLTNCILMEMBER KITTEN HAJECATE
2ND: COUI3CILMEMBER JERRY ERICSSON
UNANIMOUSLY
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