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HomeMy WebLinkAboutOrd 407-2008 Amending Code of Ordinances Amending Water and Sewer Rates.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 407-2008 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CITY OF ANNA CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 49, SECTIONS 7.01 AND 7.14 AND PART IV, SCHEDULE OF FEES, ARTICLE VII, SECTIONS 8 AND 9; AMENDING WATER AND SEWER RATES AND VARIABLE VOLUMETRIC RATES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 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 II, Article 49, Sections 7.01 and 7.14 and Part IV, Schedule of Fees, Article VII, Sections 8 and 9 of the City of Anna Code of Ordinances ("Anna Code") by amending the minimum water and sewer rates and variable volumetric rates; 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 II, Article 49, Section 7.01 and 7.14 In accordance with Part II, Article 1, Section 9 of the Anna Code, the following amendments are made to Part II, Article 49, Sections 7.01 and 7.14. Section 7. Rates and Charges 7.01 Definitions Authority means the Greater Texoma Utility Authority. Applicable Customer Usage Percentage means an individual GustomeFS customer's proportionate share of the Monthly System Fixed Charge Ord 407-2008 Amending water and sewer chaJ'ges.doc 1 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 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 §YStem services, based upon Monthly System Fixed Charge Component Rates {stated in Sestion 2{a) hereof).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. Minimum Charge as used in Part IV (Schedule of Fees), Article VII. Sections 8 and 9 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 .§ystem services set forth in sU9sestion 7.14 Part IV (Schedule of Fees), Article VII. Sections 8 and 9hereof. Monthly System Variable Rate Component means (a) 1/12 of the Variable Rate Interest Component; and (b) the Variable Rate Other 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 aU necessary appurtenances thereto and engineering and other costs incurred in connection therewith, as described and defined in the resolutions of the Authori that authorize the Ord 407-2008 Amending water and sewer charges.doc 2 09-23-08 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. System Fixed Charge Component means the total of em expenses and charges assessed based upon the Monthly System Fixed Charge Component Rates. Total Monthly Usage Charge means, for any customer of the §ystem, the sum of the Customer Monthly Fixed Charge and the Customer Monthly Variable Rate Component Charge. Variable Rate Bonds means as 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. (GFd. No. 23B 2005, adopted 1YJ2I2(05) (Ord. No. , adopted 912312008) 7.14 Water & Sanitary Sewer Service Rates (a) Inside City \Mater Rates All oustomeF8: ~aoh oustomer shall pay a minimum oharge of $18.00 for the first 2,000 gallons of ' ...~ter usage plus a usage oharge of $4.00 for eaoh additional 1,000 gallons of water used bet\wen 2,000 and 10,000 gallons and $4.50 for eaoh additional 1,000 gallons in eXGess of 10,000 gallons. (b) Inside City Sanitary Sewer Rates Residential oustomeF8: ~aoh oustomer shall pay a minimum oharge of $18.00 for the first 2,000 gallons of tl.'ater usage plus a usage oharge of $2.50 for eaoh additional 1 ,000 gallons of water used, exoept that the maximum monthly oharge shall not eXGeed $52.00 for sanitary SEWl8r seNioe oharges. Ord 407-2008 Amending water and sewer charges.doc 3 09-23-08 (c) Outside City V'later and Sanitary Sw..ver Rates Residential customers: Each customer shall pay 1 l4 times the rate charged to customers inside the City lim~, 8*Gept that the ma>Eimum monthly Gharge shall not e>Eceed $77.00 for sanitary s~ver service charges. (d) Inside City Sanitary S8\\'8r Rates Commercial and industRal customers: Each customer shall pay a minimum charge of $18.00 for the first 2,000 gallons of 'Nater usage plus a usage Gharge of $2.50 for each additional 1 ,000 gallons of '.vater used. (e) Outside City Sanita')' S8JNer Rates Commercial and industrial Gustomers: Each customer shall pay 1 l4 times the rate Gharged to Gustomers inside the City limits. (0Fd. A's. 364 2007, adopted 1211112007) (f) Former Gustomers of the South Grayson 'Afater Supply Corporation \vho are now GUstomers of the City of Anna utility system are considered a separate category of customers. Each customer in this category shall pay a minimum charge of $17.50 plus a usage charge of $2.00 for each 1,000 gallons of water used Between 0 and 10,000 gallons, $3.00 for each 1,000 gallons of water used Botween 10,001 and 15,000 gallons, $4.00 for each 1,000 gallons of ·Nater used Bet\'.'een 15,001 and 20,000 gallons, and $6.00 for each 1,000 gallons of water used in eXGess of 20,000 gallons. Such rate shall Be in effect through SeptemBer 30, 2008. After SeptemBer 30,2008, the rate for said GUstomers shall De the same as for other Gustomers of the Anna utility system, unless otherwise modified By action of the City CounGil. (OFd. No. 383 2008, adopted 612712008) (g) In addition to the Customer Monthly Fi>Eed Charge, eaGh Gustomer shall pay a Customer Monthly VeRaBle Rate Component Charge, calGulated as desoRDed in SUBsection 7.01 aBOve. (h) The Total Monthly Usage Charge stated on the Gustomer's Bill for System seF\>:ises shall Be paid By the Gustomer in aGGOrdance ",....-ith the terms stated in such Bill. (OFd. No. 238 2006, adopted 11J2.212.(J(J§) CF066 f8ffNeRee: AppsRdix IV, S6RSduie of Fees Please see Part IV. Schedule of Fees. Article VI/, Section B for water and sewer rates. (Ord. No. . adopted 9123i200BJ 2.02 Amending Part IV, Article VII, Sections 8 and 9. Ord 407·2008 Amending water and sewer charges.doc 4 ()9..23-08 In accordance with Part II, Article 1, Section 9 of the Anna Code, the following amendments are made to Part IV (Schedule of Fees), Article VII, Sections 8 and 9. Section 8. Water and Sanitary Sewer Service Rates 8.01 Customer Monthl~ Fixed Charge ComRQnent -Monthlx S~stem Fixed Charge Component Rates (a) Minimum Charges will be applied to both water and sewer service as follows: Meter Size Minimum Charge 00.625 Inch x % Inch ~18.00 ! 1.00 Inch ~45.00 1.50 Inch ~90.00 2.00 Inch ~144.00 3.00 Inch ~270.00 4.00 Inch $450.00 6.00 Inch ~900.00 8.00 Inch ~11800.00 10.00 Inch $41500.00 ~RtiaI Gu6temeF8 f4Hb) Inside City Water Rates -All Customers. The following monthly Fate shall be shaFged for ",..'ater seIVisa fumished by the City to single family residential sustomeF6: Each customer shall pax the minimum charge s~cified in 8.01{a) above for the first 2,000 gallons of water usage plus the following additional user charges: Sase Rate $18.00 2,000 -10,000 gallons $4.005.26 per 1,000 gallons 10, 1 00 101001 -20,000 151000 gallons$4:fiQ 6.58 per 1,000 gallons 15,001 -20 1000 ~7 .89 per 11000 gallons 20,001 + ~10.52 per 1.000 gallons (OFd. No. 394 2()()7, adopted 1211112(07) (41 Lcj Outside City Water Rates -Residential Customers. Ord 407-2008 Amending water and sewer charges.doc 5 Each customer shall pay 1 Y:z times the rate charged to customers inside the City limits. (O«J. No. 354 2007, adopted 1211112(07) (6t-{QtOutside City Water Rates -Commercial Customers. Each customer shall pay 1 Y:z times the rate charged to customers inside the City limits. (Om. No. 354 2007, adopted 1211112(07) (e) Inside City Sanitary Sewer Rates -Residential Customers. Each customer shall pay the minimum charge specified in 8.01 (a) above for the first 2.000 gallons of water usage plus a user charge of $4.35 for each additional 1.000 gallons of water used. except that the maximum monthly charge shall not exceed $77.00 for sanitary sewer service charges. ill Inside City Sanitary Sewer Rates -Commercial and Industrial Customers. Each customer shall pay the minimum charge specified in 8.01 (a) above for the first 2.000 gallons of water usage plus a user charge of $4.35 for each additional 1.000 gallons of water used. (g) Outside City Sanitary Sewer Rates -Residential Customers. Each customer shall pay 1 Y:z times the rate charged to customers inside the City limits. except that the maximum monthly charge shall not exceed $115.00 for sanitary sewer service charges. (h) Outside City Sanitary Sewer Rates -Commercial and Industrial Customers. Each customer shall pay 1 Y:z times the rate charged to customers inside the City limits. @ (i) 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 subsection abOlJ9 Part II. Article 49. Section 7.01. @ (j) 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. (O«J. No. 238 2005, adopted 11122120(5) (Ord. No. . adopted 9i231200B) Ord 407-2008 Amending water and sewer charges.doc 6 09-23-08 (k) South Grayson Water Supply Customers Former customers of the South Grayson Water Supply Corporation who are now customers of the City of Anna utility system are considered a separate category of customers. Each customer in this category shall pay a minimum charge of $17.50 plus a usage charge of $2.00 for each 1~000 gallons of water used between 0 and 10,000 gallons, $3.00 for each 1,000 gallons of water used between 10,001 and 15,000 gallons, $4.00 for each 1,000 gallons of water used between 15,001 and 20,000 gallons, and $6.00 for each 1,000 gallons of water used in excess of 20,000 gallons. Such rate shall be in effect through September 30, 2008 January 31, 2009. After September 30, 2008January 31, 2009, the rate for said customers shall be the same as for other customers of the City of Anna utility system, unless otherwise modified by action of the City Council. (Ord. No. 383-2008, adopted 5/2712008) Cross Reference: Part II, Article 49, Section ~7.01 Section 9. Sanitary Sewer Rates Reserved (1) Inside City Sanita.)' Sevier Rates. The follalling monthly rate shall be ohaFged for 'IJater sen~ioe R:Jrnished by the City to single family residential GUstomers: 8ase Rate $18.00 2,000 10,000 gallons $2.60 per 1,000 gallons The ma;)(imum monthly ohaFge shall not e;)(oeed $62.00 for sanitary sevier seNioe oharges. (2) Outside CHi)' Sanitary S9',.'.f8r Rates. Eaoh oustomer shall pay 1 % times the rate ohaFged to oustomers inside the Cit)· limits, 8;)(G8pt that the ma;,cimum monthly oharge shall not 8;)(G8ed $77.00 for sanitaF}' se'W8r seNioe oharges. (OFd. A..'o. 3642007, ad6pted 1211112(07) (3) Inside City Sanitary Sewer Rates. The follGlJ.~ing monthly rate shall be oharged for water servioe furnished by the City to single family residential and oommeroial oustomers: 8ase Rate $18.00 2,000. gallons $2.60 per 1,000 gallons Ord 407-2008 Amending water and sewer charges.doc 7 GhargeEi to Gu&tomers inside the City limits. (0Ri. No. 354 2007, adopted 1211112007) CF86B RefeFe"se: PaR II, Arliele 41, 888ti811 7.14 Ord. No. ado ted 912312008 Section 3. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. 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 anyone or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 23rd day of September, 2008. ArrESTED: Mayor Pro Tern, Kevin Anderson Ord 407-2008 Amending water and sewer charges.doc 8 ()9..23-08