HomeMy WebLinkAboutOrd 440-2009 Defining Institutional Customer.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 440-2009
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WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing water and sewer rates; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to amend Part 11, Article XLIX, Public Works, Section 7.01 and Part IV,
Schedule of Fees, Article VI1, Section 8.01(a) of The Anna City Code of Ordinances
("Anna Code") by defining Institutional Customer and amending the minimum
charge for water and sewer service for Institutional Customers;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
2.01 Amendment to Part 11, Article XLIX, Public Works, Section 7.01,
Definitions.
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following
amendments are made to Part 11, Article XLIX, PublicWorks,- • i
Definitions.
7.01 Definitions
Authority means the Greater Texoma Utility Authority.
licable Customer Usage Percentage means an individual customer's
Ord. 440-2009 Amending Utility Rate for Institutional customem.doc 1 04- 4-09
share of the Monthly System Fixed Charge Component calculated by dividing the
Customer Monthly Fixed Charge by the Monthly System Fixed Charge Component.
Contract means the Amended and Restated Contract for Water Supply and
Sewer Service between the City and the Authority, dated as of November 23, 2004, as
supplemented and amended from time to time.
Contract Revenue Bonds means all bonds of the Authority issued on behalf of the City,
and pursuant to the Contract, to finance improvements and extensions to the system.
Contract Revenue Bonds are payable solely from payments to be made, under the
Contract, by the City from system revenues, as set forth in the Contract and in the
documents authorizing the issuance of each series of Contract Revenue Bonds.
Customer Monthly Fixed Charge is the total of a customer's charges for System
services, based upon Monthly System Fixed Charge Component Rates as set forth in
Anna Code, Part IV (Schedule of Fees), Article VII, Section 8.
Customer Monthly Variable Rate Component Charge equals the Applicable Customer
Usage Percentage multiplied by the Monthly System Variable Rate Component.
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Minimum Charge as used in Part IV (Schedule of Fees), Article Vi1, Section 8 means
the minimum base charge to a City of Anna customer for water and sewer service which
is determined by the size of the customer's meter.
Monthly System Fixed Charge Component is 1/12 of the System Fixed Charge
Component.
Monthly System Fixed Charge Component Rates are those rates for System services
set forth in Part IV (Schedule of Fees), Article V11, Section 8.
Monthly System Variable Rate Component means
(a) 1/12 of the Variable Rate interest Component; and
(b) the Variable Rate tither Component
Pipeline Bonds means those Contract Revenue Bonds, issued from time to time and in
one or more series, the proceeds of which are specifically used to finance the
construction, acquisition, and improvement of the "Collin/Grayson Water Transmission
Project," which includes all necessary appurtenances thereto and engineering and other
costs incurred in connection therewith, as described and defined in the resolutions of
the Authority that authorize the issuance of Pipeline Bonds and the ordinances of the
City which shall approve such issuance(s) pursuant to the Contract; the debt service
upon which Pipeline Bonds is to be paid in part or in whole from payments to be made
under the Contract. The portion of the Collin/Grayson Water Transmission Project that
Ord. 440-2009 Amending utility Rate for lnsgkubonal customem.doc 2 04-24-09
corresponds to the aggregate debt service on Pipeline Bonds that has been paid from
Contract payments made by the City (which is a percentage of the total amount of debt
service paid on Pipeline Bonds) shall become a component part of the System.
System Fixed Charge Component means the total of expenses and charges assessed
based upon the Monthly System Fixed Charge Component Rates.
Total Monthly Usage Charge means, for any customer of the system, the sum of the
Customer Monthly Fixed Charge and the Customer Monthly Variable Rate Component
Charge.
Variable Rate Bonds means Contract Revenue Bonds that accrue interest at (a)
variable rate(s).
Variable Rate Interest Component means the total amount of interest due in a given
year on outstanding Variable Rate Bonds, calculated at the actual rate(s) of interest on
such outstanding Variable Rate Bonds, as such rater(s) has/have gone into effect on
the Variable Rate Interest Component Determination Date.
Variable Rate Other Component means the total amount of the monthly Contract
payment to be made in respect of the amount of debt service and other charges due
pertaining to Pipeline Bonds and the Collin/Grayson Water Transmission Project and
allocable to the City.
Variable Rate Interest Component Determination Date means May 1 of each year.
2.02 Amendment to Part IV, Schedule of Fees, Article V11, Section 8.01 (a).
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following
amendments are made to Part IV, Schedule of Fees, Article VI I, Section 8.01 (a).
8.01 Customer Monthly Fixed Charge Component — Monthly System Fixed
Charge Component Rates
(a) Minimum Charges will be applied to both water and sewer service as follows:
Meter Size
Minimum Char e
Institutional
Institutional
All Other
Customers
Customers
Customers
(effective
(effective after
12/1/2008—
7/31/2009)
ZL31 /2009
00.625 Inch x %
18.00
18-00
118.00
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Section 3. Penalty.
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vi•ation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
PASSED by the City Council of the City of Anna, Texas, this 14th day of April, 2009.
ATTESTED:
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C6 Secretary, NatKi Wilkison •r, Kenneth Pelham
Ord. 440-2009 Arnendkv UUNty Rate for Insta
itut c 4 04-24-09
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