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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