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HomeMy WebLinkAboutOrdinance - 2022-O0143 - Adding Section 22.01.004 For Utility Service Billing - 10/11/2022First Reading September 27, 2022 Item No. 5.16 ORDINANCE NO. 2022-00143 Second Reading October 11, 2022 Item No. 6.16 AN ORDINANCE ADDING SECTION 22.01.004 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK RELATED TO OVER OR UNDER BILLING FOR UTILITY SERVICES, OTHER THAN ELECTRIC OR GAS UTILITIES; ADDING SECTION 22.01.005 RELATED TO THE PRORATION OF BILLS; PROVIDING FOR PUBLICATION; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest o the citizens of the City of Lubbock to amend the Code of Ordinances related to the over or unde billing for utility services, other than electric or gas utilities and related to the proration of bills; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 22.01.004, which said section reads as follows: Sec. 22.01.004 Over Billing or Under Billing. If amounts billed for utility services, other than electric or gas utilities, are different than the City's approved rates, or if the City fails to bill the customer for services, a billing adjustment may be calculated by the City when such over or under billing is discovered by the City in the following manner: (1) Over Billing. If the customer was over billed, an adjustment may be made for the over billings up to six (6) months preceding the discovery of the billing error. (2) Under Billing. If the customer was under billed, the City may bill the customer for the under billed amount. The back billing will not exceed a period of six (6) months preceding the discovery unless such billing is a result of meter tampering, bypass, unauthorized use of services, or theft of services. SECTION 2. That the Code of Ordinances, City of Lubbock, Texas, is hereby amended by a section, to be numbered 22.01.005, which said section reads as follows: Sec. 22.01.005 Prorating Bills. Utility services, other than electric or gas utilities, may prorate monthly fees according to policies and procedures adopted by the City Manager. SECTION 3. THAT should any section, paragraph, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on the 27th day of September , 2022. Passed by the City Council on second reading on the 1 Ith day of October , 2022. ATTEST: Rebe ca Garza, City Secr APPROVED AS TO CONTENT: Erik kRRef jino, Assistant City Manager APPROVED AS TO FORM: K