The city council hereby approves and adopts this article. The city council hereby authorizes the implementation and enforcement of this article.
(Ordinance 101496A adopted 9/23/96)
(a)
The mayor is hereby designated as the city’s official, responsible for the overall implementation and enforcement of this article. The mayor may delegate to the director of public utilities, the day-to-day management and administration of this article.
(b)
This article applies to citizens and to all customer-users of the city potable water supply and distribution services, including, but not limited to, single-family or duplex residences, apartments, mobile homes, trailers, trailer parks, places of business, industries, public facilities, institutional facilities, schools, educational facilities, churches, recreation facilities, hospitals and clinics, outdoor facilities, structures and facilities of any kind that use and are connected through the city-owned water meter, to the city water supply and distribution system.
(Ordinance 101496A adopted 9/23/96)
As used in this article, the following terms shall have meanings as set out below, unless the context clearly indicates that another meaning is intended.
The resulting amount of water, in gallons, derived from the sum of gallons of water for the six consecutive month period, prior to the leak bill, divided by six.
The City of Prairie View, Waller County, Texas.
A person, company, corporation, or organization, who enters into an agreement with the city, to purchase and use the city’s water, delivered through the city’s water supply and distribution system, to the user, as the ultimate retail user.
The amount of water, in gallons, over the average consumption of water, in gallons. It shall be derived by subtracting the average consumption from the gallonage reported on the leak bill.
A rupture or leakage of the customer-user’s water line, as may be caused by accident, corrosion, settlement, freezing weather or unknown cause. It shall not apply to leakage due to defective or out-of-repair fixtures, such as faucets or valves.
A hidden or concealed rupture in the customer-user’s water line which does not readily manifest itself.
Loss of treated water, delivered through the city’s water supply and distribution system and city-owned water meter, but resulting from a latent defect in the customer-user’s water line.
Treated water delivered directly to the ultimate retail purchaser thereof, through any portion of the water supply and distribution system owned by the city.
(Ordinance 101496A adopted 9/23/96)
(a)
Any residential, commercial, apartment, institutional, industrial or outdoor customer-user of the city’s water, that passes through a city-owned water meter, may request a correction of any water bill, submitted to the customer-user by the city for water usage, because of a loss of water through a latent defect in the customer’s water line, for a period not to exceed three (3) consecutive months, by filing a sworn written application with the director of public utilities, and mailing or delivering the same to the department, within three (3) months of the repair of the excusable defect. Such application shall be made on a standard form issued by the city and titled, “Application For Leak Adjustment, In Accordance With Article 13.800, Code Of Ordinances, City of Prairie View, Texas.”
(b)
The application for leak adjustment form shall contain the following matters and such other information as the director of public utilities may require:
(1)
The name of the responsible party for the account, the account number, the address where the service is being provided, the bill which is being sought to be corrected, the date of the bill, and the period of water usage covered thereby.
(2)
A written statement as to date of discovery of the latent defect in the applicant’s water line, date when the defect was repaired.
(3)
A written statement certifying that the water was lost through such latent defect in the customer’s water line and such loss has passed through the city’s water meter serving said property, and that such water was not used in any manner, by anyone.
(4)
The applicant shall show if there has been any additional water-using appliance placed on the premises, during the period covered by the water bill for which the adjustment is being requested.
(5)
A written statement shall be submitted detailing the nature of the repairs, a description of the water leak, and when the repairs were made to the applicant’s water line.
(6)
A written commitment to provide evidence of the repairs, type of repairs, and costs, if these documents are required later, if the adjustment is more than $300.00, in order to have the account adjusted.
(7)
A written statement that the applicant is personally familiar with all the matters of facts stated in the application, and swears to them being true and correct, and that the statements are being made for the purpose having the city grant an adjustment in the amount of the water bill for which a correction is being sought.
(8)
The applicant shall sign and date the application, and it shall be sworn to before an official authorized by the laws of the state, to administer such oaths.
(Ordinance 101496A adopted 9/23/96)
(a)
The director of public utilities shall develop the prescribed standard forms to be used in the application process. Such forms shall comply with the requirements that must be submitted under Section 13.804 of this article.
(b)
The applicant shall file a sworn, written application with the director of public utilities, by mail or by delivering the application to the department of public utilities, within three (3) months of the repairs of the latent defect in the applicant’s water line.
(c)
The director of public utilities shall receive the application and shall enter into a log the date the application was received. The entry into a log on water leak adjustments begins the process. The log shall be used to track the processing of the application through the completion.
(d)
The Director shall determine the average consumption of water for a six consecutive month billing period immediately preceding the leak adjustment billing period, in question. The average consumption shall be applied as the customer’s water usage for each billing period. It shall also be applied in determining the excess water consumption, during the leak adjustment period. One-half (50%) of the excess water consumption (in gallons) shall apply to the customer-user’s credit.
(e)
The customer-user shall be required to pay for the average water consumption (in gallons) for each billing period, plus one-half (50%) the excess water consumption during said billing period. The total of the two (2) amounts will be the amount that the applicant must pay for water usage during the period covered by the completed bill.
(f)
The director of public utilities shall notify the customer-user, the applicant, in writing, of the findings, and shall provide the customer-user the bill adjustment and the due date for payment of the bill adjustment, and/or refund, if any.
(g)
If the bill under consideration for adjustment has been paid already, the applicant’s account shall be credited with the amount in excess of the adjusted amount. This credit shall be applied against for water accruing thereafter. If the applicant whose account has been credited with an adjustment and water service has been discontinued before the amount of credit shall have been used up by subsequent charges, the balance shall be refunded to the applicant at the time of discontinuance, provided all other sums due to the city, from the applicant, have been paid.
(h)
The determination, by the director of public utilities, of the amount of the correction to be made in the applicant’s water bill, in accordance with the provisions of this article, shall be final.
(Ordinance 101496A adopted 9/23/96)
The customer-user shall be required to pay the adjusted bill. Failure to pay shall be a violation of the contractual agreement, and the director of public utilities shall discontinue service to the customer-user, and shall apply a penalty, equal to ten (10%) percent of the unpaid bill. Said penalty shall be applied at each billing period that the bill remains unpaid.
(Ordinance 101496A adopted 9/23/96)
If any matters in this article are contrary to existing ordinances of the city, this article shall prevail.
(Ordinance 101496A adopted 9/23/96)
When reference is made to certain official(s) named within this article, that designated official of the city, who has duties corresponding to those of the named official, in said article, shall be deemed to be the responsible official, insofar as administering and enforcing the provisions of said article, are concerned.
(Ordinance 101496A adopted 9/23/96)
