ORDINANCE NO. 05-04

 

AN ORDINANCE ESTABLISHING GUIDELINES FOR ADJUSTMENTS

IN BILLED WATER USAGE/CONSUMPTION

 

Whereas, the City of Sky Valley is called on from time to time to consider adjustments in billed water usage/consumption; and,

 

Whereas, the requests for adjustments arise in most instances because of water leakage or improper functioning of the property owner’s water system; and,

 

Whereas, the City of Sky Valley intends to establish a uniform method of addressing any and all requests for adjustments to water usage/consumption.

 

Therefore, the City of Sky Valley hereby ordains:

 

I.          The Code of Ordinances of the City of Sky Valley are hereby amended as follows:

 

            A.        Ordinance No. 00-01 is hereby repealed in its entirety.

 

            B.         Ordinance No. 02-04 is hereby repealed in it entirety.

 

            C.        A new ordinance is hereby enacted to read as follows:

 

 

Section I.          PROCEDURE: Any request for a waiver or reduction of a billing for water usage/consumption must be made in writing and delivered to the clerk of the City of Sky Valley within thirty (30) days of the date of the billing.

 

            Section II.        CRITERIA:  The City of Sky Valley will only consider requests for reduction of water usage/consumption billing if it is determined in the sole discretion of the City of Sky Valley acting by and through the City Manager that a leak occurred in such a location that would not be readily observable to the property owner.

 

            Section III.       ELIGIBILITY:  To determine whether or not a water rate adjustment is to be considered the water usage/consumption as billed, which would be the basis of a request for adjustment, must exceed by one hundred thousand (100,000) gallons the average water bill for the twelve (12) billing cycles immediately preceding the billing cycle for which an adjustment is being sought.  If the requested adjustment for water usage does not meet the above criteria no adjustment will be considered.

 

            Section IV.       COMPUTATION:  The maximum adjustment that may be authorized is fifty (50%) of the difference between the billed usage and the average of the twelve (12) immediately preceding monthly billings .

 

            Section V.        ADJUSTMENT:  The City Manager will be authorized to make adjustments pursuant to the above procedure and criteria subject to the right of the customer to ask for a reconsideration by the City Council of Sky Valley.  It will be presumed that the City Manager made an appropriate determination based on the facts of each request.  Any request for reconsideration of the City Manager’s determination must be made in writing within fifteen days of the determination by the City Manager.  Any request for reconsideration of the City Manager’s determination must be accompanied by a tender of the adjusted amount subject to refund if the City Council revises the adjusted amount.  The request for reconsideration upon being timely presented will be placed on the agenda for the next regularly scheduled meeting of the City of Sky Valley.

 

            Section VI.       LIMITATION:  Only one request for consideration of a billing adjustment per customer will be considered in any given twelve month period.

 

II.         SHOULD ANY SECTION OR PROVISION OF THIS ORDINANCE BE DECLARED BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL OR INVALID SUCH DECLARATION SHALL NOT AFFECT THE VALIDITY OF THE ORDINANCE AS A WHOLE OR ANY PART THEREOF OTHER THAN THE PART SO DECLARED TO BE UNCONSTITUTIONAL OR INVALID.  ALL RESOLUTIONS AND ORDINANCES AND PARTS OF RESOLUTIONS AND ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED.      

 

III.       THIS ORDINANCE WILL BECOME EFFECTIVE UPON ADOPTION BY THE CITY COUNCIL AND APPROVED BY THE MAYOR AS PROVIDED BY THE CHARTER OF THE CITY OF SKY VALLEY.

 

 

It is so ordained and approved by vote of the City Council of the City of Sky Valley this _____ day of _________________, 2005.

 

Approved:

 

_____________________________ 

Steve Brett, Mayor                                          

                                                                                    ______________________________

Carolyn Burgess, Council President

 

                                                                                    ______________________________

                                                                                    David Carr, Councilor

                       

______________________________

                                                                                    W. Delano Moore, Councilor

 

 

 

Attest:

 

_____________________________                          ______________________________

Linda Wells, City Clerk                                                D. Starr Raye, Councilor

                                               

______________________________

                        Britt Whitaker, Councilor

 

 

Read and introduced on the ______ day of _______________, 2005.

Adopted on the _____ day of ______________, 2005.