§ 15-9-142. ADJUSTMENT OF HIGH-VOLUME WATER BILL.

(A)

A single-family residential customer whose bill shows consumption at the service address for up to two consecutive billing cycles that is at least three times the expected volume may apply to the director for an adjustment to the bill under this section if:

(1)

the customer files the request for an adjustment no later than 90 days after the customer's bill date; and

(2)

the customer has not received an adjustment under this section within the preceding 24 months. The customer must have at least four months of uninterrupted water billing history, in addition to the disputed period, at the service address for which the application is filed.

(B)

For the purposes of this section, the director will determine a customer's expected volume (EV) for a given billing period by using one of the following methods:

(1)

Metered volume used at the service address in the same month in the previous year;

(2)

Average metered volume used at the service address in similar seasonal months in prior years;

(3)

Metered volume used at the service address for the same month in the prior two years; or

(4)

Average metered volume used at the service address for current seasonal months.

(C)

To apply for a bill adjustment under this section, the customer must use a form approved by the director that includes a statement that the application is a governmental record subject to criminal prosecution for false statements under Chapter 37 of the Texas Penal Code.

(D)

Upon receiving an application, the director of the utility will investigate the cause for excessive volume of consumption, which investigation may include, but is not limited to:

(1)

inspection of the customer's water meter for indication of leaks and accuracy testing;

(2)

review of the customer's billing record including historical usage of the service address;

(3)

review of meter reads to determine if any estimated reads affected the customer's bill;

(4)

audit of the customer's irrigation system settings;

(5)

review of any new construction conducted at the service address; and

(6)

inspection of any new water consuming appliances installed in the past twelve months.

(E)

If the initial investigation reveals a billing or meter error, the director shall proceed in accordance with Section 15-9-140 ( Billing Adjustments ).

(F)

A customer is not eligible for a bill adjustment under this section if the director determines that:

(1)

the customer has violated any provision of, or rule adopted under, Chapter 6-4 of this Code ( Water Conservation ) within 90 days before the start of the disputed period;

(2)

the cause for any amount of the customer's excess consumption was a visible water leak, dripping faucet, broken sprinkler head, pool crack, or malfunctioning pool auto-filler; or

(3)

voluntary, customer-elected water intensive uses could be a cause for the excess metered consumption.

(G)

If the director determines that the customer qualifies for a bill adjustment under this section, the director will recalculate the bills for up to two consecutive billing periods and charge the customer for the expected volume.

(H)

If by using the adjusted total volume for a bill adjustment under this section the customer's corresponding wastewater volume would be lower than the volume originally billed to the customer, the director may adjust the corresponding wastewater charges.

(I)

If a customer receives a bill adjustment under this section, the director may consider the adjusted total volume used in that adjustment to determine the customer's wastewater average for the applicable cycle during which the adjustment was received.

(J)

A customer who applies for and receives an adjustment pursuant to this section may not request an administrative hearing under Chapter 15, Article 12 ( Administrative Review and Hearing ) for the same billing period.

(K)

A customer who receives a bill adjustment under this section may not apply for an adjustment under Section 15-9-141 ( Adjustment of Excessive Water Bill if Leaks are Repaired ) for the same billing period.

(L)

A customer seeking a bill adjustment pursuant to this section who fails to meet any filing request, hearing, or appeal deadline; appearance; or other requirement outlined either in this section or in Chapter 15-9, Article 12 ( Administrative Review and Hearing ) waives the customer's right to any further review, hearing or appeal in the City's administrative review and hearing process.

Source: 20160519-003, Pt. 2, 5-19-16 ; Ord. No. 20171109-045 , Pt. 1, 11-20-17; Ord. No. 20180524-006 , Pt. 6, 6-4-18.