HomeMy WebLinkAboutOrdinance No. 2015-01 (Title: An ordinance amending Chapter 86 of the Code of Ordinances of the City of
Friendswood pertaining to adjustment of water usage bills.)
ORDINANCE 2015-01
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 OF WATER USAGE BILLS
DUE TO DEFECTS IN CUSTOMER LINES, AND
ADJUSTMENTS 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.
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:
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
adjustment 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 may be adjusted, by a sworn
written application with the utility official and mailing or delivering 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 utility official may quire:
(1) The name of the customer, the address or description of the property or premises
furnished water, the bill which is sought to be corrected, the date of the bill and
the period of water usage covered thereby,
(2) A statement of the date on which the excusable defect in the customer's water line
was discovered and the date on which it was repaired; and a statement that water
was lost through the city water meter serving such uch property and that such water
was not used in any manner bygone.
(3) A written aclmowledgment that the customer makes the statements shown on the
application and swears to their truth for the purpose of requesting the city to grant
a reduction in the amount of the water bill for which a correction is requested.
(4) The application shall show whether or not there have been any additional water
appliances placed in use on the customer's premises during 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
repairs to the customer's water line.
(6) This documentation should also include proof or statement by the customer or
vendor malting the repair whether or not the additional/excess water flowed
through 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 knowledge and that they are each true and correct.
(8) The customer shall execute a statement setting forth an understanding that the
application is a government record subject to criminal prosecution for false
statements under chapter 37 of the Texas Penal Code and shall state that the
applicant/account holder certifies that the application contains no false statements.
(9) As used in this section, the term "excusable defect" shall mean a rupture or
leakage of the customer's water line(s) as may be caused by freezing weather,
settlement, corrosion, wear or accident. The term does not apply 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 by the Director of
Administrative Services.
c) Upon receipt of a properly completed application, the utility official shall review such
application, and if he/she approves the same as being in compliance with this section, the
customer's bill shall be corrected by ap relying to the amount of the water consumption shown
thereon in excess of the customer's average water usage, a rate of charge equal to one-half of
the normal rate of such water usage of customer's rate classification, which reduction in rate
shall be accomplished in the following manner:
Ord 2015-01 2
(1) The customer's average water usage over the prior twelve (12) months shall be
determined. If the customer has not bad water service at the service address for a
sufficient length of time to make such determination, 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 "average
usage".
(2) From the total water consumption shown on the bill submitted for correction, the
average usage will be deducted. The resulting figure will hereafter be referred to
as "excess usage".
(3) The excess usage will be considered consumption beyond the avera e usage, and
one-half of the regular rate for consumption beyond the average usage (for
customer's rate classification) will be applied to the excess usage and this will
determine the amount the customer must pay for the excess usage.
(4) The regular rate for the customer'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 pay for water usage during the period covered b t adjusted bill.
(5) If the commercial, multi-unit commercial or multi-unit residential customer
provides documentation that the excess water usage did not flow through the
city's sewer system, the sewer charges included on the customer's bill in question
will be adjusted to charge for the customer's twelve (12) month average sewer
usage. This sewer adjustment would not app] to unit residential customers
as sewer charges are based on winter months average for this customer class. As
referenced in this section, winter months is defined as November through
February.
d) If an excusable defect (leak) occurs during the winter months average calculation period for a
single unit residential customer, sewer charges for the customer will be based on that
customer's prior year winter months average at the location
e) If a single unit residential customer has not established a prior year winter months average at
the location, the city-wide winter months average will be used to bill for sewer charges.
f) Any correction authorized in the section shall be accomplished if the bill under consideration
for adjustment has already been paid, by crediting the customer's account with the amount
thereof, to be applied against charges for water and/or sewer thereafter accruing. If a
Ord 2015-01 3
customer, whose account has been so credited, discontinues water service before the amount
of the credit shall have been absorbed by such subsequent charges the remaining balance
shall be refunded by check payable to the customer and mailed to the forwarding address
provided by the customer at the time of service discontinuance, if all other sums due the city
have been paid. If such bill has not already been paid the correction shall be made by
reducing the amount of such bill accordingly.
g) A determination by the Director of Administrative Services, or their designee of the amount
of a correction to be made in a customer's water bill in accordance with the provisions of this
section shall be final.
Section 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 given billing period that is computed on the basis of a gross
quantity greater than 200 percent of the average bi-monthly gross quantity pplicable to such
customer, mU request an adjustment of the bill in the manner provided in this section•
provided, that for any given customer, only one such bi-monthly bill out of any series of six
(6) consecutive bi-monthly bills may be adjusted under this section The average monthly
Toss quantity pplicable to a customer means the average rg oss quantity for water service to
the same premises during the months immediately preceding the period for which the
adjustment is sought. In order to request such an adjustment the customer shall file an
application for the adjustment on a form furnished by the utility official The application
form shall contain a statement setting forth and understanding that the application 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 application contains no false
statements. The application shall identify the bill and briefly state:
1) The reasons for the request for the adjustment;
2) A description of the additional water appliances or fixtures, if any, that have been
placed in use by the customer during the billing cycle in question or the preceding
twelve 12)months;
3) That there have been no plumbing repairs or necessity therefore during the billing
period for which an adjustment is sought or that the nature of any plumbing defects
was not such as would explain the additional usage; and
4) Such other information as the application ma require
Ord 2015-01 4
b) Upon receiving such application, the utility official shall make an investigation to determine
if an error was made, which investigation shall include inspection of the customer's water
meter for accuracy 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 investigation does not reveal an error, the utility official may make such further
investigation as the utility official deems advisable and shall give full consideration to the
statements contained in the customer's application. If the utility official concludes that, in all
reasonable probability, the customer was charged for more water than the customer
consumed during the billing period in question but is unable to account to such unusual
quantity, the utility official shall re-compute the bill using as a toss quantity 200 percent of
the average bi-monthly gross quantityapplicable to the customer.
c) Sewer charges for single unit residential customers are not eligible for adjustment as sewer
charges are based on winter months average for this customer class. As referenced in this
section, winter months is defined as November through February.
d) If a single unit residential customer has not established a prior year winter months average at
the location, the city-wide winter months average will be used to bill for sewer charges.
e) In the event that an adjustment is made under this subsection, it shall be accomplished if the
bill under consideration for adjustment has already 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 service before the amount of the
credit has been absorbed by such subsequent charges, the remaining balance shall be
refunded by check payable to the customer and mailed to the forwarding address provided by
the customer at the time of discontinuance, if all other suns due the city have been paid. If
such bill has not already paid, the adjustment shall be made by reducing the amount of
such bill accordingly.
f) A determination by the Director of Administrative Services, or their designee, 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. Penalty. 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. Severability. In the event any clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstances shall for any reason be
Ord 2015-01 5
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
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 first reading this 5th day of January,2015.
PASSED, APPROVED, AND ADOPTED on second and final reading this 2nd day
of February,2015.
Kevin M. H Land
Mayor
ATTEST:
t ,• l
Uq�1C?�� :�XFR IVps�•.
Melinda Welsh, TRMC ;_� 0.
City Secretary U
OF��+P.•.
Ord 2015-01 6
Exhibit A
Ord 2015-01
City of Friendswood
Application for Adjustment of Water Bill
Unusually Large Bill
Name of Applicant: Account Number:
Service Address:
Date Of Bill Service Period Consumption Water Amt Sewer Amt
From: To:
Reason for the request for adjustment:
Were additional water appliances placed in use on the premises during the billing period
referenced above or preceding 12 months? Yes / No
If yes, describe appliances:
Has there been any plumbing repairs or necessity thereof during the billing period for which
this adjustment is request?
The water was lost through the city water meter serving this property and the water was not
used in any manner by anyone.
I am personally familiar with all of the matters and facts stated in this application. I further
acknowledge that these facts are based on personal knowledge and are true and correct. I
understand that this application is a government record subject to criminal prosecution for
false statements under chapter 37 of the Texas Penal Code. My signature is certification that
this application contains no false statements.
Applicant's Signature Date
Approval Signature(Director of Administrative Services) Date
Average Consumption:
ORDINANCE 2015-01
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, CHAPTER
86, UTILITIES, REVISING SECTIONS 86-94 AND 86-95; 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 INEXPLICABLY LARGE USAGE; PROVIDING FOR A PENALTY OF
AN AMOUNT NOT TO EXCEED$500 PER VIOLATION; AND PROVIDING FOR SEVERABILITY.
Section 2. Chapter 86, Utilities, is hereby amended revising subsection 95 to read as follows:
Sec. 86-95 Adjustncnt of unusually large bill
a) Any single-family residential multi-family residential commercial or outdoor customer who receives a water bill for anKZiven billing-period that is
computed on the basis of a gross quantity greater than 200 percent of the average bi-monthly gross quantity applicable to such customer,may request an
adiustment of the bill in the manner provided in this section:provided,that for any given customer,only one such bi-monthly bill out of any series of six
(6)consecutive bi-monthly bills may be adjusted under this section fire average monthly gross quantity applicable to a customer means the average
gross quantity for water service to the same premises during the months immediately tareceding the period for which the ad'usmhent is sought. In order
to request such an adiustment the customer shall file an application for the adiustment on a form furnished by the utility official The application form
shall contain a statement setting forth and understanding that the application is a government record subject to criminal prosecution for false statements
under chapter 37 of the Texas Penal Code and die customer shall state that the application contains no false statements The application shall identify
the bill and briefly state:
1) The reasons for the request for the adiustment'
2) A description of the additional water appliances or fixtures if any,that have been placed in use by the customer during the billing cycle in question or
the preceding twelve(12)months:
3) That there have been no plumbint`regain or necessity therefore during the billing period for which an adiustment is sough or that the nature of a y
plumbing defects was not such as would explain the additional usage:and
4) Such other information as it application may rem ire
b) Upon receiving such application,the utility official shall make an investigation to determine if an error was made which investigation shall include
inspection of the customer's water meter for accuracy and review of the customer's billing record If the initial investigation reveals a billing or more
error,the utility official shall make an adjustment to correct the error. If the investigation does not reveal an error,the utility official may make such
further investigation as the utility official deems advisable and shall give fill consideration to the statements contained in the customer's application If
the utility official concludes that in all reasonable probability,the customer was charged for more water than the customer consumed during the billing
period in question but is unable to account to such unusual quantity,the utility official shall re-compute the bill using as a gross quantity 200 percent of
the average bi-monthly gross quantity applicable to the customer.
c) Sewer charges for single unit residential customers are not eligible for adjustment as sewer charges are based on winter maths average for this customer
class. As referenced in this section,winter months is defined as November through February.-
d) If a single unit residential customer has not established a prior year winter months average at the location the ciTy-wide winter moms average will be
used to bill for sewer charges.
e) In the event that an adiustment is made under this subsection it shall be accomplished if the bill trader consideration for adiustment has already been
paid bv creditina 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 service before the amount of the credit has been absorbed by such subsequent charges the remaining balance
shall be retarded by check payable to the customer and mailed to the forwarding address provided by die customer at the time of discontinuance,ace if all
other sums due the city have been paid If such bill has not already been paid the adjustment shall be made by reducing the amount of such bill
accordingly.
A determination by the Director of Administrative Services,or their designee,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.Penalty. 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.Severability. In the event any clause, phrase,provision, sentence, or part of this 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 conipetentjurisdiction,it shall not affect,impair,or invalidate
the 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.
R 02.02.15
Exhibit B
Ord 2015-01
City of Friendswood
Application for Adjustment of Water Bill
Excusable Defect
Name of Applicant: Account Number:
Service Address:
Date Of Bill Service Period Consumption Water Amt Sewer Amt
From: To:
Date of Defect: Date Defect Repaired:
Exact nature of incident and description of repairs:
Did excess water move through the City's sewer system? Yes/No
Were additional water appliances placed in use on the premises during the billing period
referenced above or preceding 12 months? Yes / No
If yes, describe appliances:
The water was lost through the city water meter serving this property and the water was not
used in any manner by anyone.
I am personally familiar with all of the matters and facts stated in this application. I further
acknowledge that these facts are based on personal knowledge and are true and correct. I
understand that this application is a government record subject to criminal prosecution for
false statements under chapter 37 of the Texas Penal Code. My signature is certification that
this application contains no false statements.
Applicant's Signature Date
Approval Signature(Director of Administrative Services) Date
Average Consumption:
ORDINANCE 2015-01
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, CHAPTER 86, UTILITIES, REVISING
SECTIONS 86-94 AND 86-95; 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 INEXPLICABLY LARGE USAGE;
PROVIDING FOR A PENALTY OF AN AMOUNT NOT TO EXCEED$500 PER VIOLATION;AND PROVIDING FOR SEVERABILITY.
Section 1. Chanter 86,Utilities,is hereby amendedrevismg subsection 94 toread as follows'
Sec.86-94.Adjustment of bill as result of derec('n customer's line
a) Any residential commercial,merciat multifamil or outdoor customer of the city may re nest an adustment Orally water bill submitted to him by the city for wmc,usage becausee
a loss of water through an excusable defect in(lie customer's water line rovided that Only one bi-mmmthl,bill out of six consecutive bi-monthly bills may be adit sled by
filing It l f with the CI'ty official t mailin g or delivering the to the department ith in six awiths of(lie f the excusable defect. Such
application shall contain the following maters and such other infannatio p as the utility official may regupe�
(1) The name of the customer,the address or descri tum of titre p.,acm or yaankcs firmA,d water the bill which is son hf to be cometed the date of the bill and tire
period ofwater usage covered tl ereby
(2) A statement of the date on which the excusable defect in the vastainces water line was discovered and the date 9 1 it O,as repaimd and a statement that water
v slost fbron hfhe ci watenneter servin such ro
efty and that such water was noused in an mannert an one.
(3) A written acknowledgment that the customer makes the statements shown on the application and swears to their mph for the purpose oficapicsting the city to grant a
redaction in the..,,at of the water bill for which a co rection is vgnsosted
(4) The application shall slim whether or not there have been any additional water appliances Placed in use on the customer's preamses during the period covered by such
hill c,in fire pmced' g mefve(12)monle
(5) Documentarian shall be submitted detailing the exact nature and date of the repairs to the cr sfomer's wafer line
(6) This documentation should also include proof or statement by the ei stomer or vendor making the repair whether or not the additional/excess water flowed throb gh the
say's sewer wstc m
(7) A sfatemenf_fbat the a stop cr is personally fa ui liv with all of(lie matters of facts stated in the an dication and sworn to therein,that they are made on his/her
personal knowledge and 1M1at they arc each now and correct
(8) The customer shalt e o to a orconart.%effing forth an undeixanding that the application is a government record subieet to criminal prosecution for false statements
unde_r_cbanfcr, 37 of the Tees renal Code and shall state that die applicantlacco nt holder certifies that the application contains no false statements
(9) As mM in this section the terry"excusable defect"shall mean a mating or leakage of the customer's wafer lines as may be caused by ficezini,weafbeu settlement
corresion.wearoraccident. The term does act apply to defective t- f= p ' hincets or other plumbing fixt 1 toilets.
b) Applications under this section shall be made on forms Prescribed by(lie Director ofAdministrative Services
c) Upon receipt of a Property completed application,(lie utility official shall review such application,and ifhe/she approves the same as being in compliance with this section
(he customer's bill shall be corrected by applying to the amount of the water coisnn ton shmvn thereon in excess of the customer's averse water usage,a rate of change
equal to one-half of the normal rate of such water usage of customer's rate classification,which reduction in rate shall be accomplished'in the follow ng manner
(1) The customer's avem a water ass ac over the prior hvelve 12 months 5hall be determined. If the customer has not had water service at the service address for a
sufficient length of time to make such determination then the overuse hoer usage Over a period of hvelve nnaths for city water customers ivill be used. This average
water iniage so determine d 'ill R b f dt
(2) From the total water Ciarounpatian shown on the bill submitted for corn lion the averse usage will be deducted. 'the resultin fi pre will h m r lie referzcd to ms
"excess usage"
(3) The excess ,sac will be considered cpnsmn tion be nd ilia averse usage,aid one-half of We regular rate for consumption beyond the averse usage for
customer's rate elus'fcafon)0411 be applied to the excess usage and this will determine the amnuatthe cmto ner most pay for the excess usage
(4) The regular rate for the customer's one classification will be applied to the average asae a ad this ammon will be added to(lie amount due f r the gmess usage and
We total of those taro amounts will be the imannit that the u tomcr most pay for water usage during the period covered by the ad'u bill.
(5) If the co m nec'al n Iti-u i t conumacial or multi-unit residential customer nmv'des docu nenfafo h that the excess water usage a did not flow tl rou di the city'
system the sever charges included ded o h fhe customer's bill in question will be ad'ustcd to charge for the costa tier's twelve(12)month avemee sewer mage, This
sewer ad"nsfinent mould not apply to single unit residential c stomers as sewer changes are based on winter mouths averse for this c tamer class. As referenced ht
this section,wooer months is defired as November thmupb February,
d) If an excusable defect(leak)Occurs during the hvinter months average calculation period for a single unit residential customer,sewer charges for the c unto ner will be based
on that customer's prior-year hvimer months avemee at the location
e) If a single unit residential or stomer has not established a odor year winter months avemee at the location the city-wide winter n tie pl s average will be used to bill for server
charges
f) An correction mrtho wrl in the section shall be accomplished ifthe bill under consideration for adjustment has already been Paid,by creditirm the customer's aeconut with
the amount thereof,to be applied against charges for water and/or sewer thereafter accruing. If a a stomer whose acconat has been so credited disco (in es water service
before the amount of the credit shall have been absorbed by such subsequent charges,the remaining balance shall be refunded by Payable to the customer and mailed
to the lonovarding address provided by the customer at the time of service discontinuance if all other sums due the city have been paid. If such bill has not already been paid,
the correction shall be made by reducing the amount of such bill accordingly.
g) A determination by the Director of Administrative Services-or their designee of(he amount of a correction to be made in a customer's%vans bill in d u with tile
provisions of this section shall be final.
Section 3. Penal Any person who shall violate any provision of Ihis Ordinance shall be deemed guilty of a misdemeanor mid,upon conviction,shall be fined in an arrant
not to exceed$500. Each day ofviolation shall constitute a separate offense.
Section 4. Seve ability. In the event any clause,phrase,provision,sentence,or part of this Ordinance or the application of the sane 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(he Ordinance as a whole or any part or provision
hereof other than ilia part declared to be invalid or unconstitutional;and the City Council of the City ofPriendsrvood,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.
R 02.02.15