Ord 2966 4/7/1975 ORDINANCE NO. 2966
ORDINANCE ESTABLISHING A TEMPORARY PROCE-
DURE FOR ARBITRATION OF CLAIMS INVOLVING
CITY UTILITY BILLS.
WHEREAS, there may be now pending a number of claims and
controversies by customers of the utility system of the City
of Wichita Falls concerning the amounts which they have been
charged by the City for any service billed on the City utility
bills; and,
WHEREAS , the Board of Aldermen desire to resolve such
claims and controversies without litigation; and,
WHEREAS , arbitration is a proceeding which is favored by
Texas law, and it is deemed advisable to establish a temporary
procedure whereby such claims and controversies can be sub-
mitted to arbitration.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS , TEXAS, THAT:
SECTION 1. The following procedure is hereby established
whereby customers billed by the Utility Collections Department
of the City of Wichita Falls may submit their claims and con-
troversies concerning the amount they have been charged for ser-
vices billed by such Department, and the balance claimed to be
due by them to such Department, to binding arbitration. This
procedure shall apply only to services received since January 1,
1974 .
SECTION 2 . Any customer desiring arbitration must submit
an application in writing or in person to the City' s Director of
Finance or the presiding member of the arbitration panel not
later than sixty (60) days after the adoption of this ordinance,
the same being the 6th day of June, 1975. In such application,
the customer will agree that he shall be bound by the award of
the arbitrators. In addition, the customer shall state in the
application what evidence he expects to produce at the arbitra-
tion hearing. The City shall furnish blank application forms.
SECTION 3. Within ten (10) days after the receipt of
such written application by the City, the City shall make a
written response, in which it shall state what evidence it
expects to produce at the hearing.
SECTION 4. The arbitrators shall have authority to con-
sider and decide any controversy in which the amount in dis-
pute does not exceed One Hundred Fifty and No/100 Dollars
($150. 00) . The decision and award of the arbitrators shall
be binding on both parties.
SECTION 5. The Mayor shall appoint a panel of seven (7)
arbitrators, who will be confirmed by the Board of Aldermen.
The Mayor shall appoint one (1) as presiding member. Each
controversy shall be heard by a Board of three (3) of the
arbitrators; the presiding member shall designate from the
panel the three (3) arbitrators who shall compose the Board
to hear specific controversies.
SECTION 6 . The Board of Arbitrators designated to hear
a specific controversy shall appoint a time and place for the
hearing, and cause the customer and the City to be notified of
same. The Board of Arbitrators may name one of their members
as Chairman. At the hearing, the parties shall be entitled
to be heard, to present evidence material to the controversy,
and to cross-exam witnesses appearing at the hearing. The
arbitrators shall have the power to administer oaths to the
witnesses testifying before them. The hearing shall be con-
ducted by the Board of all three arbitrators; however, if one
of the arbitrators is unable to act for any reason, a third
arbitrator shall be appointed. If a third arbitrator is un-
available, the other two arbitrators shall hold the hearing
and determine the controversy. Any decision of the arbitrators
shall be agreed to by at least two of them. The decision and
award of the arbitrators shall be in writing, and copies of
same shall be furnished the customer and to the City. Each
Board shall formulate its rules of procedure consistant with
this ordinance.
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SECTION 7. The City Manager shall designate a city
employee who shall assist the panel of arbitrators in ad-
ministering this ordinance.
SECTION 8. At such time as all claims and controversies
for which applications were timely filed have been decided by
the arbitrators , the panel shall be dissolved, and this ordi-
nance shall then be finally executed and concluded.
PASSED AND APPROVED THIS 7th day of April, 1975 .
M A Y O
ATTEST:
4J- 1) 1 L c;Z7nz
CITY CLERK
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