2005-092O NANCE NO. 200 -
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
PROVISIONS OF SECTION 26-128 OF THE CITY OF DENTON CODE OF
ORDINANCES; PROVIDING FOR CLARIFICATION AND AMENDMENT OF THE
PROVISIONS FOR LOSSES RESULTING FROM HIDDEN WATER LEAKS;
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the provisions of §26-128 of the City of Denton Code of
Ordinances are hereby amended, and shall replace the existing §26-128, as provided in
the attached Exhibit "A.'
SECTION 2. That all ordinances or parts of ordinances in force when the
provisions of tl~ ordinance become effective which are inconsistent, or in conflict with
the terms or provisions contained in this ordinance are hereby repealed to the extent of
any such conflict.
SECTION 3. That 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 Demon,
Texas, hereby declares it would have enacted such remaining portions despite any such
invalidity.
SECTION 4. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the~o~-- day of C~ff~ ffJT~ ,2005.
EULINE BROCK, MAY(SR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1
EXHIBIT 1
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
Exhibit "A"
BILLING ADJUSTMENT FOR WATER LOSS
Sec. 26-128. Adjustments in bills for losses from hidden water leaks
(a) Definitions. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning.
Excess usage means the difference in the greatest normal usage of water at a service
location and the actual mount of water metered and billed in the billing month for wh/ch
the adjustment is requested at the service location.
Greatest normal u sage means t hat amount o f water metered a t t he customer's service
location in the billing month of greatest consumption during the previous twelve (12)
consecutive billing months or, if there is less than twelve (12) prior billing months, the
greatest consumption during any prior billing month, prorated to the number of days in
the billing month for which the adjustment is requested.
Hidden water leak means 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 fi.om the surface of the ground. The term "hidden water leak" 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.
Substantial increase in water usage means an increase in the amount of water metered
and billed at the customer's service location for the billing month for which the
adjustment is requested which is in excess of fifty (50) percent of the greatest normal
usage for that service location.
(b) Request for adjustment. Any customer who is billed for a substantial
increase in water usage during any one (1) billing month due to a hidden water leak may
request and receive an adjustment in the amount billed for water and sewer usage for that
month in accordance with the provisions of this section.
(c) Written request. Any customer requesting an adjustment pursuant to this
section shall make the request in writing to the customer service department on forms
provided for that purpose. A request for an adjustment based upon a hidden water leak
shall state the location and cause of the leak, the date it was first discovered and the date
of, and the person making the repair, with attached copies of itemized, paid repair bills.
All requests shall be submitted no later than thirty (30) days of the due date of the
monthly bill for which an adjustment is sought.
(d) Adjustment allowed. A request for an adjustment in a monthly bill for water and
sewer usage shall be granted if it meets all of the following conditions:
(1) A request, with all required information, is filed within the required time, and
(2) The requested adjustment is for a monthly billing in which there was a substantial
increase in water usage resulting bom a hidden water leak, and
(3) There has not been an adjustment made in the monthly billing for water and sewer
usage at the same service location within the prior thirteen (13) months under the
provisions of this section; and
(4) Previous adjustments were not given at the same service location for leaks of the
same nature as leaks which are the subject of a claim under this section.
(e) Amount of adjustment. If an adjustment is granted under this section, the
customer's account shall be credited by billing the customer for the excess usage of water
and sewer at the service location for the month in which the adjustment is granted at a
reduced rate established by the city council and which rate is on file in the office of the
city secretary.
2