Water Leak Adjustments

ORDINANCE NO. 2023-4
WHEREAS, the Elizabeth Town Council is the legislative body for the Town of Elizabeth, Indiana ("Town") pursuant to Indiana Code 36-5-2-2.

WHEREAS, the Town operates and maintains a public water utility system to serve the Town residents and customers with supply of potable water.

WHEREAS, the Town Council desires to establish a policy and procedure for allowing for the adjustment of a Customer's water bill for leaks in limited situations.

NOW, THEREFORE, BE IT ORDAINED, by the Council for the Town of Elizabeth, State of Indiana, hereby adopts the following Leak Adjustment Policy for Water Utility Customers:

I. Eligibility for Leak Adjustment

For a customer to be eligible for a leak adjustment, the Customer must complete a leak adjustment request on the Leak Certification Form (link below) attached to this Ordinance, certifying the following:

A. That the Customer upon discovering the leak or becoming aware of leak, shall notify the Utility within two (2) working days.

B. That the leak occurred between the point of Customer connection to the service set and where the Customer's line enters the residence or other structures.

C. That the Customer has not had a previous water leak adjustment within the past twelve (12) months.

D. That the Customer upon discovering the leak or becoming aware of the leak, immediately had the leak repaired.

E. Leaks not meeting the A, B, C, or D requirements or unexplained leaks will not be eligible for adjustment.

F. No leak adjustments will be approved on service lines within twelve (12) months of installation of reinstallation of service line.

G. Following certified request for leak adjustment, a Utility employee will visit the premises to observe location of leak repair.

2. Irrigation systems shall not be eligible for leak adjustments.

II. Administrative Handling of Leak Adjustment Request

3. A leak adjustment request shall be handled administratively as follows:

A. The Water Utility Manager may approve or deny the adjustment.

B. If the Water Utility Manager denies the adjustment and the Customer is not satisfied, then he/she may request the matter be presented to the Town Council for consideration. Upon r request by a Customer after denial of the adjustment by the Water Utility Manager, the Town Council will consider the Customer's request at a public meeting and the Council shall, in its discretion, make a determination on approval or denial of Customer's requested leak adjustment.

III. Computation of Leak Adjustment

4. If the leak adjustment is approved, the adjustment shall be computed as follows:

A. The Customer's previous three (3) monthly bills shall be added together and divided by three (3) resulting in an average monthly usage.

B. Average monthly usage determined in 4-A above would be subtracted from the monthly billing usage in the month of leak occurrence resulting in leak amount. The leak amount will be divided by two (2) attributing to a Fifty Percent (50%) reduction of leak amount to Customer. The average usage from 4-A will be added to reduce leak amount to determine monthly billing charged to customer.

5. Payment of adjusted bill:

A. The Customer shall pay the adjusted bill within the normal time period bills are due, after that date, the bill shall be handled the same as any other delinquent bill.

B. If the Customer is financially unable to pay the adjusted bill, the Town Council may approve a payment plan.

6. Payment of Unadjusted Bill:

A. The Customer after denial of leak adjustment by the Utility, shall pay the unadjusted bill, within the normal time period bills are due.

B. If the Customer is financially unable to pay the unadjusted bill, the Town Council may approve a payment plan.

7. Unexplained Leaks:

A. The Utility will not approve an adjustment of unexplained leaks or usages.

IV. Effective Date of Policy

8. The Leak Adjustment Policy for Water Utility Customers set forth in this Ordinance shall become effective upon adoption on the second reading of the Ordinance at a public meeting.

BE IT ORDAINED, the Elizabeth Town Council, being the appropriate legislative body for the Town of Elizabeth, State of Indiana, does hereby approve the content of the Ordinance herein as the Act of this body on this 18th day of April, 2023.