22-319FILE REFERENCE FORM
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FILE(S)
2005-092
Date Initials
3-25-22 1 EC
ORDINANCE NO.22-319
AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 26-128 OF THE CODE
OF THE CITY OF DENTON TO CHANGE THE TITLE AND DEFINE EXPECTATIONS FORA WATER AND SEWER BILLING LEAK ADJUSTMENT PROGRAM; PROVIDING ASEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FORCODIFICATION; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on March 22, 2005 by Ordinance No. 2005-092, the City Council adopted
Section 26-128 of the City of Denton Code of Ordinances to provide procedures to define
qualifications for water and sewer bills due to hidden water loss; and
WHEREAS the City Council now desires to amend the adjustment guidelines to provide
broad program guidance, expectations, and accountability and to authorize administration details
to be maintained through a documented City program and to change the section title to moreaccurately reflect broader leak acceptance; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 26, Article IV, Section 26-128 of the Code of Ordinances of the Cityof Denton shall now read as follows:
Chapter 26 – UTILITIES
ARTICLE IV. – WATER AND SEWER SERVICE
Sec. 26- 128. - Adjustments in Bills for Losses from Water Leaks.
(a)For the purposes of this policy, the following terms shall be defined as follows:
City means the City of Denton, Texas.
Customer means any party with charge authorization listed on a billed utility account.
Customer Service means the department responsible for the creation and maintenance ofbilled customer accounts.
Excess usage means the difference between the greatest normal usage of water at a service
location and the actual amount of water metered and billed in the billing month for which
the adjustment is requested at the service location.
Greatest normal usage means the calculation of a customer’s normal water as defined
within the program.
Leak means any loss of billed water due to failure of a plumbed line or fixture. Water loss
due to theft, vandalism, negligence or any unidentified source is not covered.
Program means the water and sewer billing leak adjustment program for the city.
Program administrator means the customer service manager or designee responsible for the
program.
ServIce means a billed customer water account
(b) Any Program administered by the City is provided as a courtesy to customers and is not an
entitlement. Customers are responsible for any billed charges which are not covered under
the Program or do not qualify for bill adjustments as set forth in Denton City Charter, Sec.
12.02 which prohibits the provision of free service. Application for a leak adjustment under
the Program does not remove a customer’s financial responsibility for service. To avoid
penalties, interest, and/or interruption during the adjustment process, customers must follow
standard payment processes which may include payment of billed charges or entering a
payment arrangement.
(c) The City shall provide a Program which provides bill credit for charges incurred due to a
leak. The program shall:
(1) Provide criteria that must be met for issuance of an adjustment under the Program;
(2) Define Program restrictions;
(3) Define method(s) excess usage calculation and provide an adjustment rate; and
(4) Define actions, steps, methods, and timelines related to processing and issuing
adjustments.
(d) The program administrator shall ensure any revision of the written program document be :
(1) Approved by the City Manager;
(2) On file with the city;
(3) Publicly available on the city website; and
(4) Provided to the City Council prior to implementation.
(e) As a measure of protection for the safety and security of the potable water supply, a leak
shall, at minimum, meet the following criteria in order to qualify for the program:
(1) Corrective repairs shall be completed and documented as required by the program;
(2) Any required permits shall be obtained;
(3) All repairs shall pass any inspection as required by state or local law;
(f) On an annual basis, the City Council shall receive a report on program performance.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
SECTION 3. To the extend not otherwise provided, this ordinance shall repeal every prior
ordinance in conflict herewith, but only insofar as the portion of such ordinance shall be in conflict;and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be
and is hereby made cumulative except as to such prior ordinances or portions thereof as are
expressly repealed hereby.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of any other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. The City Secretary is hereby directed to record and publish the aboveregulations in the City’s Code of Ordinances.
The motion to approve this ordinance was made by B fitby\ h& m
seconded by JesT& DANlb . This Ordinance was passed and approved
by the following vote n - O
Aye
/
,/
V
Nay Abstain Absent
Mayor Gerard Hudspeth,
Vicki Byrd, District 1 :
Brian Beck. District 2 :
Jesse Davis. District 3 :P/
/
J
a
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the &Faday of Mora\, 2022.
mMRBTtmr@A–f6R
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: