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HomeMy WebLinkAboutOrd 167-2004 Water & Sewer Rates-Effective 2006.pdfORDINANCE NO. 1(,91—,;20641 AN ORDINANCE BY THE CITY OF ANNA, TEXAS, REVISING AND ESTABLISHING WATER AND SEWER SERVICE RATES, SETTING THE EFFECTIVE DATE OF THE NEW RATES; ESTABLISHING A REPEAL CLAUSE; ESTABLISHING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City of Anna, Texas (the "City") operates a water production, storage, and distribution system and a sanitary sewer/wastewater collection and treatment system (the "System") as a service to residents, property owners, and other users of the System; and WHEREAS, certain regulations governing the use of the System are necessary to insure orderly and efficient operations and to protect the health and welfare of the users of the System; WHEREAS, the City Council of the City has carefully evaluated the financial status of the System and has concluded that revisions of the water and sewer service rate structure are necessary to maintain the financial integrity of the System; and WHEREAS, sufficient rates and charges for System services must be assessed upon all customers of the System to provide adequate System revenues to pay the Fixed Charge Component, the Variable Rate Other Component, and the Variable Interest Rate Component, as described herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: The water and sewer service rates of the City, previously made effective May 11, 2004, are hereby amended to read as follows: Section 1. Definitions (a) "Authority" means the Greater Texoma Utility Authority. (b) "Applicable Customer Usage Percentage" means an individual customer's proportionate share of the Monthly System Fixed Charge Component, calculated by dividing the Customer Monthly Fixed Charge by the Monthly System Fixed Charge Component. (c) "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. (d) "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. 45546296.1110304552 (e) "Customer Monthly Fixed Charge" is the total of a customer's charges for System services, based upon Monthly System Fixed Charge Component Rates (stated in Section 2(a) hereof). (f) "Customer Monthly Variable Rate Component Charge" equals the Applicable Customer Usage Percentage multiplied by the Monthly System Variable Rate Component. (g) "Monthly System Fixed Charge Component" is one twelfth (1/12) of the System Fixed Charge Component. (h) "Monthly System Fixed Charge Component Rates" are those rates for System services set forth in Section 2(a) hereof. (i) "Monthly System Variable Rate Component" means (a) one twelfth (1/12) of the Variable Rate Interest Component; and (b) the Variable Rate Other Component (j) "Pipeline Bonds" means those Contract Revenue Bonds, issued form 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 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. (k) "System Fixed Charge Component" means the total of all expenses and charges assessed based upon the Monthly System Fixed Charge Component Rates. (1) "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. (m) "Variable Rate Bonds" means all Contract Revenue Bonds that accrue interest at (a) variable rate(s). (n) "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 rate(s) has/have gone into effect on the Variable Rate Interest Component Determination Date. (o) "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 45546296.1/10304552 charges due pertaining to Pipeline Bonds and the Collin/Grayson Water Transmission Project and allocable to the City. (p) "Variable Rate Interest Component Determination Date" means May 1 of each year. Section 2: Water and Sanitary Sewer Service Rates (a) Customer Monthly Fixed Charge Component -- Monthly System Fixed Charge Component Rates (i) Inside City Water Rates — All customers Each customer shall pay a minimum charge of $19.50 for the first 2,000 gallons of water usage plus a usage charge of $4.00 for each additional 1,000 gallons of water used between 2,000 and 10,000 gallons and $4.50 for each additional 1,000 gallons in excess of 10,000 gallons. (ii) Inside City Sanitary Sewer Rates — Residential customers Each customer shall pay a minimum charge of $20.00 for the first 2,000 gallons of water usage plus a usage charge of $2.50 for each additional 1,000 gallons of water used, except that the maximum monthly charge shall not exceed $50.00 for sanitary sewer service charges. (iii) Outside City Water and Sanitary Sewer Rates — Residential customers Each customer shall pay one and one-half (1.5) times the rate charged to customers inside the city limits, except that the maximum monthly charge shall not exceed $50.00 for sanitary sewer service charges. (iv) Sanitary Sewer Rates — Commercial and industrial customers Each customer shall pay a minimum charge of $20.00 for the first 2,000 gallons of water usage plus a usage charge of $2.50 for each additional 1,000 gallons of water used. (b) Customer Monthly Variable Rate Component Charge In addition to the Customer Monthly Fixed Charge, each customer shall pay a Customer Monthly Variable Rate Component Charge, calculated as described in Section 1, above. (c) Total Monthly Usage Charge The Total Monthly Usage Charge stated on the customer's bill for System services shall be paid by the customer in accordance with the terms stated in such bill. Section 3. Repeal Clause All parts of any ordinance in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. 45546296.1/10304552 Section 4. Savings Clause 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. Section 5. Effective Date This Ordinance shall be effective on the first billing cycle of January 2006 after passage and adoption of this Ordinance and upon the posting and/or publication of its caption as required by law, and the Secretary is hereby directed to implement such posting and/or publication. 45546296.1/10304552 PASSED AND ADOPTED by the City Council of the City of Anna, Texas, on this the 14`h day of December, 2004. APPROVED: Mayor City of Anna, Texas ST: Ci Secretary City of Anna, Texas (City Seal) 45546296.1110304552