HomeMy WebLinkAboutOrd 361-2008 Establishing Water Leak Forgiveness Policy.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 361-2008
AN ORDINANCE BY THE CITY OF ANNA, TEXAS, AMENDING ORDINANCE
NO. 112-2003 BY ESTABLISHING A WATER LEAK FORGIVENESS POLICY;
ESTABLISHING A SEVERABILITY, SAVINGS AND CONFLICT CLAUSE,
AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City of Anna serves as the fresh water utility provider for all
persons within the City's corporate limits, and some persons within the City's
extraterritorial jurisdiction; and
WHEREAS, the Anna City Council recognizes that water leaks on the
customer's side of the meter can occur through no fault of the customer; and
WHEREAS, the Anna City Council recognizes that a water leak can cause a
financial hardship to the customer; and
WHEREAS, the Anna City Council desires to assist customers who incur costs
from a water leak that occurs through no fault of the customer; and
WHEREAS, the Anna City Council desires to establish policies and procedures
relating to City forgiveness of water -leak costs in certain circumstances;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS THAT:
Section 1. Section 43 is hereby added to Ordinance No. 112-2003 to read as follows:
Section 43. Water Leak Forgiveness
(a) Though it is the responsibility of every customer to keep their water service
lines in a state of good repair, leaks do occur, and the City recognizes that an undetected
leak can have a significant financial impact on a customer who experiences one. At the
same time, the City has costs associated with the delivery of treated water to each
customer. The costs of treating the water and maintaining the water infrastructure are
recovered from customers through the assessment of certain set water rates. The City,
weighing both the costs of supplying treated water to each customer and the City's desire
to assist customers with the financial burden caused by certain water leaks, has
established this policy.
(b) A customer who incurs charges on their utility bill as a result of a water leak
that was not reasonably detectable --and that was caused through no fault of the
customer—may take advantage of this forgiveness policy only once during a 36 -month
period, as indicated in the City's billing records.
(c) The customer taking advantage of this policy must meet these requirements
before staff can grant the forgiveness.
1. An affidavit, sworn to by the customer and notarized, must be provided to
City staff that details that the leak occurred, where the leak was, how it
was detected, when it was detected, how it was caused (if able to be
determined), how it was repaired, and when it was repaired.
2. Along with the affidavit, if the leak was repaired by a licensed plumber, a
copy of a detailed receipt must be supplied. Or, in the event the customer
fixed the leak themselves, a copy of the receipt for any hardware/plumbing
supplies must be attached.
(d) Upon receipt of the required documents, the Utility Billing Section will then
take the average of both the water and sewer side of the customer's bill for the three
previous months, added to the current month, and compute the bill as shown below:
1. The water leak forgiveness formula is based on an average of the previous
Once months, including the leak month (per the city's most currently
adopted water and sewer rates). Example:
• January -$18.00
• February -$18.00
• March -$26.00
• Amil (leak month) -$230.00
AVG: $73.00
2. The sewer side of the utility bill is also addressed in the same manner.
Example:
• January -$18.00
• February -$18.00
• March -$23.00
• April -$52.00 (sewer use capped at this level)
AVG: $27.75
3. The two averages are then added together to total the customer's bill for
the month during which the leak occurred, in this case, $100.75.
Note: without this policy, the custouaa's utility bill would have totaled $282.00 for the leak month.
(e) A customer who does not have three previous months of water service will have
all previous charges on their account as a customer, whatever length of time that may be,
added to the current bill to establish their average.
Section 2. Severability and Conflict
If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall
be adjudged invalid or held unconstitutional, the same shall be severed from and shall not
affect the validity of this ordinance as a whole or any part or provision thereof other than
the part so determined to be invalid or unconstitutional. To the extent any provision of
this ordinance conflicts with other prior ordinance of the City of Anna, the terms of this
ordinance shall control.
Section 3. Effective Date
This ordinance shall become effective upon the passage by the City Council, approval by
the Mayor, and publication of the caption as prescribed by law.
PASSED by the City Council of the City of Anna, Texas this 12th day of February, 2008.
ATTESTED: APPROVED:
City, : ecretary, Natha Wilkison