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18-1520ORDINANCI; NO. 18-1520 AN ORDINANC� OF TI�E CITY OF DENTON, TEXAS ESTA�3LISHING A UTILITY BILLING ADJUSTMENTS POLICY; PROVIDING A SEVERABILITY CLAUS�; AND, PROVIDING AN EFF�CTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas desires to enact a policy for the adjustment of utility billings; and WH�REAS, City of Denton utility customers shall realize an increased uniformity of utility billing adjustments through the systematic application of such new policy; and WHEREAS, the City Council of the City of Denton, Texas desires to provide a clear and concise utility billing adjustment policy for its utility customers. NOW, THEREFOR�, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The "City of Denton Utility Billing Adjustments Policy", attached as Exhibit "A", is approved. SECTION 2. All prior ordinances, or parts thereof, in conflict with this ordinance are repealed. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances, is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. dinance was made b � �� " � The motion to ��aa��r�� this or y �' �� . and . " � _ _ _��... .. _. seconded by� "�, _�� "�� ^ �,, the ordinance was ��;��c� and approved by 11a� �'a��k�w�ia°t � �a��t� . �.....�w� Chris Watts, Mayor: Gerard Hudspeth, District 1 Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Aye Nay Abstain Absent Deb Armintor, At Large Place 5: �,,�' Paul Meltzer, At Large Place 6: �� PASSED AND APPROVED this the ��`��"� day of ;� �"��^�m�,� j�,,_ , 2018. ,� ,,.,�� 4 �� ,d��"�"°�o� � � �f �� `1 �I��`�WATTS, MAYOR .�. ---- ..._._... ATTEST: JENNIFER WALTERS, CITY SECRETARY g ��, ��° ° � �"� ,��, � � Y � --,�,� �, � �.��----. � ��.. „�� ..... .... — APPROV$D AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY ._�., � � �.�._ By• ,�� CITY_OF_DENTON UTILITY BILLING ADJUSTMENTS POLICY 1• ��,^� ��r� �a.�r�c��. Section 12.02 of the City of Denton's Charter specifically states that the utilities shall provide no free services. Mowever, it is the policy of the City of Denton to make adjustments to customer utility bills where said adjustment is necessary to correct billing errors, to correct errors due to equipment failure, or to fairly apply the rates and rules of the City's utilities. The purpose of this policy is to continue to deliver effective service by enabling staff to quickly and accurately respond to customer requests for adjustments to bills while ensuring compliance with the Charter. The utilities covered by this policy include electric, water, wastewater (including storm drainage), and solid waste and recycling, and rates, including miscellaneous rates, related to each currently in place by ordinance. 2. ��s��r�sil�_ �lot�. The Customer Service Department shall receive requests and notify the customer of the determination of the adjustment. The Customer Service Department may initiate billing adjustment requests as they become aware of such issues during the normal operations of the department. 3. �a��tN�r��nts Allowed. The Customer Service Department is authorized to make adjustments to customer utility accounts, without City Council action, in the following cases: a, Billin� Errors: Where an error has occurred that results in an inaccurate bill being sent to a customer, the Customer Service Department shall correct the error as soon as discovered, whether by the customer or by the Customer Service Department. These adjustments include, but are not limited to, data recording, entry errors, services provided but not billed, services not provided but billed, and meter malfunctions and meter failures, if tested and found to be inaccurate. b. Penalties; Interest and Fees�Release of Lien: Where a customer incurs late penalties, interest and fees (i.e. tampering, delivery, etc.), and before a lien has been filed, the Customer Service Department may reduce or remove the late penalties, interest and fees based on account/customer circumstances and payment history. If a lien has been filed, the Customer Service Department may only reduce or remove interest; it may not reduce or remove late penalties or fees. The lien may then be released after the payment of late penalties and fees. c. Wastewater: Where a customer experiences extraordinary water consumption during a billing period due to break in customer owned plumbing, equipment malfunction, etc. and said water did not enter the wastewater system, staff may adjust the wastewater charge to an amount that is more typical of that customer's normal usage. Customer's may request an adjustment for usage billed during the averaging months of December, January and February for pool fills if a customer has obtained a read before and after the pool fill from a City of Denton Water Department authorized employee. City of Denton Utility Billing Adjustments Policy Page 1 of 3 d. Hmimddmen Water Leaks: Where a customer requests in writing of any leak of a water pipe or water line caused by deterioration, corrosion natural forces or other similar cause which is not immediately and reasonably detectable from the surface of the ground. The term "hidden water leal<" does not include any leak to a customer's fixtures, or appliances, or equipment. Included in the term "fixtures, appliances, or equipment" are leaks related to the following, without limitation: a sprinkler system, or washing machine, or water heater, or lavatory, or toilet, In order to qualify for a hidden water leak adjustment, the customer must submit a Water Leak Adjustment form and provide applicable receipts indicating the leak has been repaired. 4. ��t��tr��t f��ris��, The City shall also have the right to provide billing adjustments, consisting of back-billing or back credits, on prior billing for a period up to, but no greaterthan two (2) years. These prior period billing adjustments must be based on actual meter readings, verifiable evidence, or proration based on actual readings. 5, ��'`�.rs��n�c�ts Not Allowed. a. �II �.�tilities Yexce�t wast�v�+�at�r;. The City will not consider adjustments made in any monthly bill because of any water or electric high usage, leaks, or loss, unless otherwise stated in this policy. b. ''��t��ror��r. Adjustments to wastewater charges for customers who claim normal outdoor water usage where the water used did not enter the wastewater system unless otherwise stated in above approved adjustments. 6. ��c��:�� fc�� d"��t��w��t,�. The Customer Service Department may require the any request for a utility billing adjustment to be in writing. Written requests shall state the name of the account holder, service address, contact information, reason for the requested adjustment and any applicable documents. The customer shall provide all information requested by the City and deemed necessary to make a determination on the request. When a customer makes a written request for an adjustment, the amount under consideration for adjustment shall not be payable unless otherwise requested until a determination on the adjustment is made. All other amounts not in dispute shall be due according to the respective bill. 7. Resoonse How ��justment Made�, The Customer Service Department shall respond to the written request for adjustment within ten (10) business days after receiving from the customer all the information necessary to make a determination on the request. When an adjustment is made, a credit for the amount of the adjustment, including any sales tax shall be made to the customer's account. 8. I�c��:�tin,�. The Customer Service Department shall maintain records of all adjustments made on accounts. Effective Date. This policy shall become effective immediately upon approval of the City Council. City of Denton Utility Billing Adjustments Policy Page 2 of 3 City of Denton Utility Billing Adjustments Policy Page 3 of 3