22-1532FILE REFERENCE FORM 1 22-1532 1
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FILE(S)
22-319
18-1520
2005-092
2001-200
Date
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EC
EC
EC
Initials
8-24-
2022
8-24-
2022
8-24-
2022
8-24-
2022
ORDiNANCE NO. 22-1532
AN ORDINANCE OF THE CITY OF DENTON AMENDING CITY ORDINANCE 18-1520
CITY OF DENTON UTILITY BILLING ADJUSTMENTS POLICY TO REFLECT CHANGES
ADOPTED IN CODE OF ORDINANCES TO SECTION 26-128; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
CODIFICATION; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on December 1 1, 2018 by Ordinance No. 18-1520, the City Council of the City
of Denton, Texas adopted policy for the adjustment of utility billings; and
WHEREAS, on May 15, 2001 by Ordinance No. 2001-200, 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 losses from hidden water leaks or unknown causes;
and
WHEREAS, on March 22, 2005 by Ordinance No. 2005-092, the City Council amended
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, on March 22, 2022 by Ordinance No. 22-319, the City Council amended
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 City of Denton Utility Billing
Adjustments Policy to reflect changed adopted in Denton City Code 26-128; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City of Denton Utility Billing Adjustments Policy shall now read as
follows:
CITY OF DENTON UTILITY BILLING ADJUSTMENTS POLICY
1.Policy and Purpose. Section 12.02 of the City of Denton's Charter specifically states that
the utilities shall provide no free services. However, 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, i ncluding miscellaneous rates, related to each
currently in place by ordinance.
Responsibility. 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
2
normal operations of the department.
Adjustments Allowed. The Customer Service Department is authorized to make
adjustments to customer utility accounts, without City Council action, in the following
cases
3.
a.Billing 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
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.
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
Water Leaks: Where a customer has experienced water loss due to a leak, staff
may adjust an account as authorized by Section 26-128 of the City of Denton’s
Code of Ordinances.
Adjustment Period. 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
greater than two (2) years. These prior period billing adjustments must be based on actual
meter readings, verifiable evidence, or proration based on actual readings.
Adjustments Not Allowed.
a. All utilities except wastewater:. 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.
Wastewater. 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
Requests for Adjustments. 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
b.
C.
d
4.
5.
b.
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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.
Response; How Adjustment 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.
Reporting. The Customer Service Department shall maintain records of all adjustments
made on accounts.
7.
8.
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 the
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 above
regulations in the City’s Code of Ordinances.
The motion to approve this Ordinance was made by JeSse t)(LUIS and
„,,„d,d by Bf MY\ BeoK
vote K - E:, the Ordinance was passed and approved by the following
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
,/
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PASSED AND APPROVED this the }bMd,y ,fA„g„,t 2022.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY b\\\11111111
By:, a;ga).
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
&By: