ORD 1999-25 - Amend City Code - Water 09-21-1999ORDINANCE NO. 99 -25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING TITLE 30 "WATER AND SEWERS" OF THE CITY CODE BY
INCREASING THE DEPOSIT AMOUNT FOR TESTING METERS; PROVIDING FOR
TEMPORARY SERVICE; ESTABLISHING A RATE FOR SEWER SERVICE
CUSTOMERS WHO DO NOT HAVE WATER SERVICE; CREATING A NEW PART 30.03
ENTITLED "WATER AND SEWER UTILITY ACCOUNTS" AND TRANSFERRING
CERTAIN PROVISIONS WITH REGARD TO CONTROL AND FURNISHING SERVICES,
BILLINGS AND COLLECTIONS TO SAID PART AND ADDING NEW SECTIONS FOR
ADJUSTMENTS, CONTROL AND INTERFERENCE WITH METERS, TESTING
METERS, AND REPLACEMENT OF METERS; RENUMBERING EXISTING PART 30.03
TO PART 30.04; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Finance Committee of the City Council has reviewed certain policies with
regard to the water and sewer services provided by the City of Huntsville and recommends certain
changes, amendments and additions to those policies; and
WHEREAS, certain existing policies apply to both water and sewer service and it is more
appropriate for those policies to be contained in a single Part; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: Title 30 "Water and Sewers," Part 30.01 "Water," Section 30.01.07
"Same— Testing for accuracy," Subsection A is hereby amended by deleting the words "fifty dollars
($50.00)" and inserting the words "seventy -five dollars ($75.00) and Subsection C. is hereby
amended by deleting the words "fifty dollar ($50.00)" and inserting the words "seventy -five dollar
($75.00).
SECTION 2: Title 30 "Water and Sewers," Part 30.01 "Water," Section 30.01.09 "Monthly
charges for water," Subsection D.5. is hereby amended by deleting the language ",either in person
or by certified mail, ".
SECTION 3: Title 30 "Water and Sewers, Part 30.01 "Water," Section 30.01.09 "Monthly
charges for water," is hereby amended by adding a new Subsection F. which shall hereinafter read
as follows:
F. Temporary service. The City's Utility Billing Division may grant, at
customer's request, a temporary service connection to a service address
with a vacant dwelling unit. The connection must be for the purpose of
general repairs, the laying of utility lines, repairs to plumbing, realtors
selling a house and needing water to show the house, or similar purposes.
The customer shall be charged a fee of five dollars ($5.00) per day
during the temporary period. A deposit will not be required. If the
customer's water usage exceeds 3,000 gallons during the temporary
period, the customer shall pay a charge based on the city's current rate
for water usage in addition to the daily charge.
SECTION4: Title 30 "Water and Sewers," Part 30.02 "Sewers," Section 30.02.01 "Monthly
charges for sewer," Subsection B.2.d.5) is hereby amended by deleting the language ",either in
person or by certified mail, ".
SECTIONS: Title 30 "Water and Sewers," Part 30.02 "Sewers," Section 30.02.01 "Monthly
charges for sewer," Subsection G is hereby amended to hereinafter read as follows:
G. Users without city water. Residential customers not connected to
the waterworks system of the city shall be billed monthly by the city for
sanitary sewer services at a rate equal to the sum of the minimum residential
sewer charge and the maximum residential sewer charge divided by two (2)
(the average). Commercial customers shall be billed at a rate that is consistent
with the regular sewer charge of similar type businesses, premises or users
receiving service from the city. The utility office supervisor shall recommend
for approval such service charge and conditions as deemed appropriate to the
Finance Committee of the City Council and the Finance Committee shall
approve the same.
SECTION 6: Title 30 "Water and Sewers," is hereby amended by adding a new Part 30.03
which shall hereinafter be titled "Water and Sewer Utility Accounts."
SECTION 7: Title 30 "Water and Sewers," Part 30.03 "Additional Fees, Costs and Charges
Related to the Discharge of Certain Industrial or Nondomestic Wastewater" is hereby designated as
"Part 30.04 `Additional Fees, Costs and Charges Related to the Discharge of Certain Industrial or
Nondomestic Wastewater'."
SECTION 8: Title 30 "Water and Sewers," Section 30.01.02 "Control of water system" and
Section 30.01.03 "Furnishing water outside city limits" are hereby designated as Section 30.03.01
"Control of water and sewer system" and Section 30.03.02 "Furnishing water and sewer outside city
limits" and shall hereinafter read as follows:
30.03.01 Control of water and sewer system.
The city shall have and exercise sole and absolute control over the water
and sewer system, including the wells, reservoirs, standpipes, mains, pipes,
valves, connections, meters, lift stations and treatment plants constituting
the water and sewer system of the city, and no private individual, firm or
corporation shall the right to obstruct, interfere with or change the city's
absolute right to the possession and control of such system.
30.03.02 Furnishing of water and sewer outside the city limits.
The city water and sewer works may, if in the judgment of the city council
it is deemed advisable, furnish water and/or sewer service to premises
outside the limits of the city.
SECTION 9: Title 30 "Water and Sewers," Section 30.01.10 "Billing of utility services;
penalties for late payments," Section 30.01.11 "Discontinuance of service for failure or refusal to
pay utility service bill," Section 30.01.12 "Connection charges; deposits to secure payment ofutility
service bills," Section 30.01.13 "Same —To accrue until notice to discontinue service is given," and
Section 30.01.15 "Charge for returned checks," are hereby designated as Sections 30.03.03 through
30.03.07 respectively.
SECTION 10: Title 30 "Water and Sewers," Section 30.01.04 "Water tapping charge.,"
Section 30.01.05 "Meters generally— required.," Section 30.01.06 Same —City to install and maintain,"
Section 30.01.07 Same— Testing for accuracy.," Section 30.01.08 "Control and interference with
meters, valves, etc.," and Section 30.01.09 "Monthly charges for water "are hereby designated as
Sections 30.01.02 through 30.01.07 respectively; and Section 30.01.14 "Wasting Water" and Section
30.01.16 "Replacement of water meter, lock or head; charges therefor" are designated as Sections
30.01.08 and 30.01.09 respectively. Sections 30.01.17 - 30.01.20 "Reserved" are hereby deleted.
SECTIONI P Title 30 "Water and Sewers," new Section 30.03.03 "Billing of utility services;
penalties for late payments," Subsection C. is hereby amended to hereinafter read as follows:
C. If a utility bill is not paid by the due date, the customer shall be charged
a penalty in the amount of ten (10) per cent of the amount of the utility
service charges, which shall be shown as the gross amount on such bill. If
the bill is not paid by the next billing date, such gross amount will be shown
as a previous balance on the customer's bill for the next month.
SECTION 12: Title 30 "Water and Sewers," new Section 30.03.04 "Discontinuance of
service for failure or refusal to pay utility service bill" is hereby amended to hereinafter read as
follows:
A.. Failure or refusal to pay any utility service bill by any customer of the
city upon demand shall constitute a breach of contract, and the city shall
have the right to discontinue such services.
B. If any customer fails to pay any utility service bill by the due date of such
bill, the city shall send a notice advising the customer of the date payment
must be received to avoid disconnect of service. The disconnect date shall
be no less than twenty -five (25) days from the due date of the past due bill.
The disconnect notice shall be mailed at least ten (10) days before the
disconnect date. If the bill is not paid by the disconnect date included in
the notice, the city shall discontinue utility service to the customer until
all past due charges have been paid, together with a twenty -five ($25.00)
reconnection charge.
SECTION 13: Title 30 "Water and Sewers," new Section 30.03.05 "Connection charges;
deposits to secure payment of utility service bills," Subsections B.S., B.6., and E. are hereby
amended to hereinafter read as follows:
B.S. A blanket deposit, equal to the cumulative average monthly utility
service charge, shall be allowed in lieu of separate deposits for a customer
with multiple accounts. Any multiple dwelling unit with more than five (5)
units shall require a separate commercial deposit.
B.6. Any customer that is put on the "cut -off" list (a customer that has not
paid his /her bill by the disconnect date) more than twice within a 12 -month
period shall be required to increase his/her deposit to the average amount
due at "cut-off 'or or disconnect date. A notice of the amount of the deposit
increase will be sent to the customer. The additional deposit must be paid
by the customer if they appear on the cut -off list a third time. Failure to
pay the increased deposit shall result in discontinuance of all utility services,
including water and sewer service.
D. Every applicant applying for new service who previously has been a
city utility customer and whose service was discontinued for nonpayment
of bills or has terminated service without paying a bill shall be required
to pay all amounts due to the city as a condition of obtaining new service.
SECTION 14: Title 30 "Water and Sewers," new Part 30.03 "Water and Sewer Utility
Accounts" is hereby amended by adding a new Section 30.03.08 entitled "Adjustments to bill for
unusual circumstances" which shall hereinafter read as follows:
30.03.08 Adjustments to bill for unusual circumstances.
A. The city may grant, at the customer's request, a one -time adjustment
to the customer's bill for unusual circumstances that cause the customer's
bill to be abnormally high. Incidents such as broken water lines, leaking
faucets, excessive usage caused by faulty indoor plumbing, equipment
breakage including ice makers, commodes, water heaters, etc., forgetting
to turn off a water hose, vandalism, unexplained high usage, or other
unusual circumstances are examples of incidents that are eligible for
adjustment of bills. The customer must document the nature of the
incident, the time period requested for the adjustment, and provide
documentation of repair or remedy of the occurrence that caused the
abnormal usage. A customer may not apply and the city shall not give
more than one adjustment in a 12 -month period. The adjustment may
cover a two -month billing period depending on when the incident
occurred. A four -month average of water usage and the bills for the
same period during the previous year shall serve as a basis for the
calculation.
B. The city's Utility Billing Division will notify the customer of any
leaks or excessive usage that becomes known to it during the billing
process. If the city notifies a customer of a problem or excessive water
usage, the customer must remedy or repair the problem within 48 hours
after receipt of notice to be eligible for an adjustment to the bill.
SECTION 15: Title 30 "Water and Sewers," Part 30.02 "Sewers" is hereby amended by
adding a new Section 30.02.06 "Control and interference with meters." which shall hereinafter read
as follows:
30.02.06 Control and interference with meters.
In some circumstances, the city may install a meter to monitor wastewater
discharged into the city's sewer system. It shall be unlawful for any person,
other than those authorized by the city, to disconnect, connect or remove
any tap or meter, turn off and on the valve or fixture provided to control
or measure the flow without prior consent of the city. It is specifically
provided that all sewer meters turned off for nonpayment of account
shall not thereafter be turned on by any person other than an employee of
the City of Huntsville and it shall be unlawful for any person
not a city employee to turn on a disconnected sewer meter. Upon the trial
of any cause for which a violation of this section is charged, proof that the
person charged is the person in whose name said water meter is listed in
official city records or the occupant of the premises obtaining sewer service
through such meter, shall be prima facie proof of the violation of said
section by the person so charged.
SECTION 16: Title 30 "Water and Sewers," Part 30.02 "Sewers" is hereby amended by
adding a new Section 30.02.07 "Meters- Testing for accuracy." which shall hereinafter read as
follows:
30.02.07 Meters - Testing for accuracy.
A. Customers to whom sewer service is furnished through a meter shall
have the right to demand that any meter be tested for accuracy and when
any customer wishes such test made, he/she shall deposit with the manager
of utilities the sum of seventy -five dollars ($75.00) for each meter desired
tested. The manager of utilities shall cause such meter to be tested under
normal testing procedures and notify the customer in writing of the results
of such test.
B. If any such meter upon such test be found to be inaccurate, the deposit
for making such test shall be returned to the customer and a deduction from
the customer's bill of the proportionate amount the bill was increased by the
amount of over - registration as indicated by said test from the date complaint
was first made by the customer that such meter was over - registering the
wastewater flow but not for a period of time in excess of three (3) months.
C. If upon such test, the meter is found accurate or if such test reveals that
said meter has under - registered the amount of wastewater flow, such
deposit shall be forfeited to the city for the cost of making such test and the
customer shall be charged for such under -usage and said customer's sewer
bills recalculated for the preceding three -month period, and if the cost of
making the rest exceeds the seventy -five dollar ($75.00) deposit above
provided, the customer shall be charged for the amount of such excess,
such charge to appear on the next monthly billing for sewer charges to
such customer.
SECTION 17: Title 30 "Water and Sewers," Part 30.02 "Sewers" is hereby amended by
adding a new Section 30.02.08 "Replacement of meter; charges therefor. "which shall hereinafter
read as follows:
30.02.08 Replacement of meter; charges therefor.
The utility billing supervisor shall charge a sewer customer fifty dollars
($50.00) per occurrence for either replacing a sewer meter lock broken
by abuse, cutting or other misuse not by the city; removing or replacing
a sewer meter due to discontinuance of sewer service for nonpayment
of bill; or for replacing a sewer meter head not removed by the city.
SECTION 18: This Ordinance shall be cumulative of all other ordinances of the City and
shall not repeal any of the provisions of those ordinances except in those instances where the
provisions of those ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 19: If any portion of this Ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the City Council hereby determines that it would have adopted this Ordinance without the
invalid provision.
SECTION 20: This Ordinance shall take effect immediately from and after the date of its
passage.
PASSED AND APPROVED ON THIS 21ST DAY OF SEPTEMBER, 1999.
(L/
William B. Green, Mayor
ATTEST:
Danna Welter, City Secretary
APPROVED AS TO FORM:
Paul C. Isham, City Attorney