The procedures set forth in this article apply to all complaints regarding water and wastewater utilities within the city limits of the city that are subject to the jurisdiction of the city pursuant to Texas Water Code § 13.042.
(Ordinance 558 adopted 11/13/18)
In this article, the following terms have the meaning ascribed to them below:
Affected person.
Any person or entity whose utility service or rates are affected by any proceeding before the city under these procedures.
City council.
The city council of the City of Bulverde, Texas.
Commission.
The Public Utility Commission of Texas.
Commission rules.
The rules and regulations adopted by the commission and the provisions of the Texas Water Code pertaining to the commission.
Complainant.
A person that files a complaint with the city under these procedures.
Complaint.
An informal or formal complaint filed under these procedures.
Person.
Natural persons, organizations, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, utility, and any other legal entity.
Procedures.
The procedures and terms of this article.
Respondent.
The person against which a complaint is filed under these procedures.
TAC.
The Texas Administrative Code.
(Ordinance 558 adopted 11/13/18)
(a) 
Availability.
Any affected person may complain to the city in writing setting forth any act or thing done or omitted to be done by any person pertaining to water or wastewater rates, services, or operations under the jurisdiction of the city in violation or in claimed violation of any order, ordinance, rule, regulation, or law of the city or of the commission over which the city has jurisdiction.
(b) 
Contents of complaint.
All complaints submitted under these procedures must be submitted to the city in writing either by hand delivery, United States Postal Service, or via the city’s online portal for such complaints, if any. The complainant must send a copy of the complaint to the respondent on the same date that the complaint is filed with the city. No complaint shall be considered received by the city unless and until the city receives the information specified in this subsection. All complaints submitted under these procedures must contain the following information:
(1) 
The name, address, telephone number, and email address, if available, of the complainant or complainants and of the complainant’s representative, if any;
(2) 
The name, address, telephone number, and email address of the respondent and the account number, or similar identifying information, of the complainant maintained by the respondent, if any;
(3) 
A description of the facts that gave rise to the complaint;
(4) 
A statement of the relief that the complainant is seeking;
(5) 
All documentation or information supporting complainant’s request for relief;
(6) 
Copies of all correspondence between complainant and the respondent; and
(7) 
A statement that a copy of the complaint has been provided to the respondent.
(c) 
Informal complaints.
(1) 
Required; exceptions.
All complaints must be submitted to the city for informal resolution by city staff before presenting a formal complaint to the city with the following exceptions:
(A) 
The complainant is city staff or a governmental entity;
(B) 
The complainant alleges that a water or sewer utility has abandoned the service of the utility;
(C) 
The complainant alleges that a wholesale water or sewer provider has discontinued, reduced or impaired its wholesale water or sewer service to its customers for reasons other than those specified in 16 TAC § 24.88;
(D) 
The complainant has requested and been granted a waiver of informal resolution by city staff. Such waiver request shall clearly state the reasons that informal resolution is not appropriate. City staff may only grant a waiver request for good cause.
(2) 
Termination.
City staff shall attempt to informally resolve all complaints within 35 days of the date of receipt of the informal complaint. City staff shall notify, in writing, the complainant and respondent of the status of the dispute at or before the end of the 35-day period. Such notification shall include a copy of these procedures or a link to a city website containing these procedures. If the complaint has not been resolved to the satisfaction of the complainant within the 35-day period, then the complainant may submit a formal complaint to the city council.
(d) 
Formal complaints.
If an attempt at informal resolution fails, or is not required, the complainant may present a formal complaint to the city council. If an informal complaint is required, a formal complaint must be filed within 10 days of receiving the notification required by subsection (c)(2) of above. If the formal complaint is not filed within the 10-day period required by this subsection, the city council will not consider the formal complaint and complainant may submit the complaint to the commission pursuant to 16 TAC § 22:242(e)(1)(A)(i).
(Ordinance 558 adopted 11/13/18)
The following procedures apply to a formal complaint filed with the city:
(1) 
Notice.
Following receipt of a formal complaint, the city will notify the complainant and the respondent that the city has received the formal complaint and state whether or not the city will consider the complaint.
(2) 
Declining to consider.
Notwithstanding anything to the contrary, if the notice states that the city will not consider the complaint, no further action will be taken or is necessary under these procedures, and the complainant may file the complaint with the commission pursuant to 16 TAC § 22.242(e)(l)(A)(i).
(3) 
Response.
Within 30 days of the date that the notice is delivered to respondent, respondent shall file a response to the complaint. If the respondent desires a hearing before the city council, respondent must request such hearing in its response. If the respondent does not desire a hearing, then the response shall include all evidence that the respondent wants the city council to consider in resolving the complaint. If the response is not filed within the 30-day time limit, then the city council will decide the complaint based on the contents of the complaint and the recommendation of city staff only. If respondent does not request a hearing, then the city council will decide the complaint based on the information on file and the recommendation of city staff without a hearing.
(4) 
Hearing procedures.
If the respondent requests a hearing, then the city shall docket the hearing. The city shall provide the complainant and respondent with notice of the hearing date. The notice shall include a copy of these procedures as well as a schedule governing the submittal of written testimony, conducting discovery, the hearing location and time, and any other matter pertaining to the complaint. Prior to sending the notice, the city may conduct a pre-hearing conference with the parties to determine the schedule and other matters to be contained in the schedule. The procedures applicable to the hearing under this subsection are as follows:
(A) 
Written testimony.
The parties shall submit written testimony to the city setting forth all issues of law and fact that supports the parties’ cases. The city council will consider all evidence and testimony that is useful in determining any matter.
(B) 
Discovery.
The parties to the hearing may obtain information from each other through written requests for information, which include requests for inspection or production of documents or things, requests for admissions, and depositions by oral examination. The parties must respond to requests for information within 20 days of receiving same.
(C) 
Rebuttal testimony.
The parties may submit written testimony rebutting the written testimony of the other party no later than the tenth (10th) day prior to the hearing date.
(D) 
Exclusion of evidence.
Evidence that was not submitted in writing to the city or provided to any other party as required is not admissible at the hearing. Evidence responsive to a discovery request but that was not provided in response to a discovery request is not admissible at the hearing.
(E) 
Conduct and nature of hearings.
All hearings shall be conducted before the city council in the place and at the time specified in the notice. Hearings shall be conducted by a presiding officer. Unless specified otherwise, the mayor of the city shall be the presiding officer. The presiding officer has broad discretion in conducting the course, conduct, and scope of the hearing, including the ability to call and examine witnesses, recess any hearing from time to time, abate any proceeding, or take any other action not prohibited by law or commission rule that is necessary for an efficient and fair hearing. The presiding officer shall conduct the hearing in such a manner to secure fairness in administration and eliminate unjustifiable delay. The presiding officer shall endeavor to limit the presentation of evidence that creates an unfair prejudice, confuses the issues, or causes undue delay or needless presentation of cumulative evidence. To that end, the presiding officer may set reasonable times for parties to present evidence and cross-examine other parties’ witnesses, establish the order in which the parties will present evidence and conduct cross-examination, and limit the number of witnesses. All matters within the power of the presiding officer pertaining to the conduct of the hearing may be reduced to writing and provided to the parties prior to the hearing.
(F) 
Order.
After the conclusion of the hearing, the city council will issue a written order setting out the city council’s decision pertaining to the complaint. Such written order shall constitute the final decision of the city council pertaining to the complaint and is appealable to the commission in accordance with 16 TAC § 22.242(e)(l)(A)(ii).
(5) 
Method of submittal.
All written testimony, correspondence, or other information required to be provided to the city shall be submitted via hand delivery, certified mail, return receipt requested, or via such other method specified in the notice. A copy of all written testimony, correspondence, or other information submitted to the city by a party as part of a formal complaint shall be provided to any other party concurrently with the filing of same with the city and in the same manner as submitted to the city.
(Ordinance 558 adopted 11/13/18)
In any case in which a formal complaint has been filed and an allegation is made that a person is threatening to discontinue a utility customer’s service, the presiding officer may, after notice and opportunity for hearing, issue requiring the person to provide service during the processing of the complaint. The presiding officer may issue such an order for good cause, on such terms as may be reasonable to preserve the rights of the parties during the processing of the complaint.
(Ordinance 558 adopted 11/13/18)
The city shall have the same authority to issue subpoenas, compel compliance with these procedures, and otherwise enforce these procedures that the commission has to enforce the commission rules and other laws.
(Ordinance 558 adopted 11/13/18)
(a) 
City notices.
All notices and other correspondence from the city under this article shall be made via U.S. mail or via email to the email address provided by the parties. For notice or correspondence sent by email, such notice or correspondence shall be deemed sent and received on the date that the city sends such email. For notice or correspondence sent by physical mail, such notice or correspondence shall be deemed to have been received on the third day after the deposit of such notice or correspondence with the United States Postal Service properly addressed and with proper postage.
(b) 
Party notices.
All notices, information, or other correspondence to be sent by a complainant or respondent shall be provided to the city via hand delivery or via certified mail, return receipt requested to City of Bulverde, attn: City Manager, 30360 Cougar Bend, Bulverde, Texas 78163, or such other address as may be designated by the city manager from time to time and as reflected in the information provided by the city. Such notices or correspondence shall be deemed received by the city on the date of actual receipt. The city may provide alternate methods of providing notice, information, or other correspondence from time to time.
(Ordinance 558 adopted 11/13/18)