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HomeMy WebLinkAboutOrdinance No. 16,561 (Item 7.g.)ORDINANCE NO. 16,561 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," BY ADDING SECTION 98-61.8 "LEAK ADJUSTMENTS" TO THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO ESTABLISH A RESIDENTIAL LEAK ADJUSTMENT PROGRAM; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown, Texas' water the system is sized and designed based upon household use assumptions; and WHEREAS, unexpected breaks, ruptures, leaks, or other defects in consumer water lines caused by freezing weather, settlement, corrosion, wear, or accident place excess demands on the city's treatment and distribution system; and WHEREAS, such leaks have a devastating effect upon the city's ability to deliver safe drinking water; and WHEREAS, the impacts of such leaks may include waterborne illness resulting from low pressures; and WHEREAS, by way of example, the citywide leaks cause by Winter Storm Uri resulted in hundreds of cities around the State of Texas having to issue boil water notices to protect public health and safety; and WHEREAS, reducing the demand upon the City's system benefits all residents of the City by reducing the health and safety risks associated with unexpected breaks, ruptures, leaks, or other defects in consumer water lines, as well as, reducing future build -out and maintenance costs; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 98 "Utilities," Article III, "Water Service," of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by adding Section 98-61.8, "Leak Adjustments," to read as follows: CHAPTER 98. UTILITIES ARTICLE III. WATER SERVICE See. 98-61.8. Leak adjustments. (a) A residential customer may request a leak adjustment for excessive water consumption resulting from a leak occurring on the customer's side of the water meter. (b) Requests for a leak adjustment shall be submitted in writing to the utility billing division and shall include: (1) a description of the leak; (2) the corrective action taken to repair the leak; and (3) documentation acceptable to the utility billing manager demonstrating that the leak has been repaired. (c) Documentation demonstrating that the leak has been repaired may include, but is not limited to, receipts, invoices, photographs, contractor records, meter data, or other information available to the utility billing manager. (d) Upon approval of a request, the utility billing division may adjust the water service charge and sewer service charge associated with the excessive consumption attributable to the leak. The adjustment shall be determined by the utility billing manager to be reasonable under the circumstances. (e) Commercial, industrial, governmental, apartment, multifamily, manufactured home park, recreational vehicle park, and other nonresidential accounts shall not be eligible for a leak adjustment under this section. (f) No utility account shall receive more than two leak adjustments during any twelve-month period. (g) The utility billing manager shall review and approve or deny all requests for leak adjustments submitted pursuant to this section. (h) Any person providing false or misleading information in connection with a request for a leak adjustment shall be ineligible for a leak adjustment under this section, and shall be responsible for repayment of any improperly granted credit. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of the ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect from and after ten (10) days from its passage by the City Council of the City of Baytown. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of Baytown, this the 27th day of August, 2026. CHARLES JOHNSON, Mayor ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: Scott Lemond, City Attorney R:\Ordinances and Resolutions\Ordinance Drafts\2026-08-2710rdinance Amending Sec 98-61 Code of Ordinances --Leak Adjustnents.kc-SL- Final.docx