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Home My WebLink About1470 06-26-2001ORDINANCE NO. 1470 AN ORDINANCE AMENDING THE EULESS CODE OF ORDINANCES, ARTICLE II OF CHAPTER 86, "UTILITIES "; AMENDING SECTION 86 -32, "DELINQUENCY AND SERVICE DISCONTINUANCE PROCEDURE ", AND ADDING NEW SECTION 86 -37 "RESPONSIBILITY OF CONSUMER FOR LOSS; AVERAGE OF CHARGES "; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Euless Code of Ordinances allows for discontinuance of water service for nonpayment; and WHEREAS, the current Euless Code of Ordinances provisions are not specific concerning time periods to be used in the notification processes; and WHEREAS, newly implemented billing software requires specific dating for events to occur. and WHEREAS, the Euless Code of Ordinances does not fix responsibilities for water leaks; and WHEREAS, the Euless Code of Ordinances does not contain provisions for resolution of disputes or disparities when water meters register incorrectly, and WHEREAS, the current Euless Code of Ordinances does not regulate changing from an alternate water source; and WHEREAS, the current Euless Code of Ordinances does not regulate alternate water sources; and WHEREAS, the City Council of the City of Euless finds that the following provisions will promote the health, safety and general welfare of the citizens of this City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 THAT Section 86 -31, "Billing; late payment penalties" of Article II, "WATER AND SANITARY SEWER SYSTEMS" of Chapter 86, "UTILITIES" of The Euless Code of Ordinances, as amended, be hereby amended to hereafter be and read as follows: (a) Each month's charges shall be due and payable on or before the twentieth day after the date of the bill. If such charges are not paid within 25 days from the date of bill, a penalty shall be added in the amount of ten percent of the past due amount. (b) If the bill is not paid or other disposition made within 15 days of the date of the billing, water service is subject to termination. (c) Receipt of a check that is dishonored shall be deemed nonpayment, and there shall be an additional bad check service charge. (d) Fire hydrant meters shall be returned to the Euless Water Billing Office at 201 N. Ector Drive, for reading prior to the 20`" of each month. Failure to returr fire hydrant meters for reading will result in a non - refundable service charge as established in Chapter 30, Section 30 -34. SECTION 2 THAT Section 86 -32, "Delinquency and Service Discontinuance Procedure" of Article II "WATER AND SANITARY SEWER SYSTEMS" of Chapter 86 "UTILITIES" of the Euless Code of Ordinances, as amended, be hereby amended to hereafter be and read as follows: (a) If any portion of a month's charges remain unpaid twenty -six days after the billing date, a delinquent notice will be mailed to the billing address. If the charges remain unpaid ten days after the delinquent notice was mailed, a tag will be delivered to the service address notifying the customer of delinquent charges. If the charges are not paid prior to 12:00 noon the following day, service at the delinquent address will be discontinued. A service charge will be assessed as established in Chapter 30, Section 30 -34 for delivery of the delinquent tag. An additional deposit will be required for those accounts that have had service terminated for non - payment as established in Chapter 30, Section 30 -34. Service shall not be continued or reconnected until all current and delinquent charges have been paid. (b) The city manager shall appoint a city utility hearing officer who shall serve in that capacity at the pleasure of the city manager. The city utility hearing officer shall be empowered to resolve billing errors in advance of any scheduled date of service termination. Any user or customer shall be entitled to a pre - termination hearing before the utility hearing officer prior to the cutoff date specified in the delinquent notice. It will be the duty of the utility hearing officer to determine that customers are not overcharged or charged with services not rendered. SECTION 3 THAT Article II "WATER AND SEWER SYSTEMS" of Chapter 86, "UTILITIES" of the Euless Code of Ordinances, as amended, be hereby amended by the addition of a new Section 86 -37 "Responsibility of Consumer for Loss; Averaging of Charges" to hereafter be and read as follows: (a) A consumer shall be held responsible for loss of water due to breakage in pipe or plumbing on the discharge side of the meter. If this water is not paid for according to the established rates when the billing for such use becomes due, the consumer's water service will be subject to termination until all charges are paid. A consumer may request billing adjustments for leaks. To qualify for such an adjustment, the consumer must present to the city proof of repairs for the leak. The adjustment shall not exceed fifty percent of the ORDINANCE NO. 1470, Page 2 of 3 metered or estimated water loss. The amount of estimated water loss shall be limited to 100,000 gallons. Consumers shall be limited to one adjustment per year. (b) Should any meter fail to register correctly, the city reserves the right to estimate a consumption amount using an average of any three month's consumption. SECTION 4 Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 Saving Clause. That Chapter 86 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 6 Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the 26th day of June, 2001 by a vote of 6 ayes, 0 nays and 0 abstentions. APPROVED- 14,4d Mary Lib Saleh, Mayor ATTEST: p� Susan Crim, C, Cit ecretary /111 ORDINANCE NO. 1470, Page 3 of 3 APPROVED AS TO FORM: