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HomeMy WebLinkAbout2231 09-10-2019 ORDINANCE NO. 2231 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 30, "FEES", SECTION 30-33, "WATER AND SEWER FEES AND IMPACT FEES"; SECTION 30-34, "WATER DEPOSITS"; SECTION 30-35, "WATER AND WASTEWATER SERVICE—MONTHLY RATES"; SECTION 30-37, "MONITORED GROUP CLASS"; AND CHAPTER 86, "UTILITIES", ARTICLE II, "WATER AND SANITARY SEWER SYSTEMS", DIVISION I, "GENERALLY", SECTION 86-26, "RULES, REGULATIONS, POLICIES AND PROCEDURES"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas, purchases water from the Trinity River Authority and sends wastewater to the Trinity River Authority for treatment; and WHEREAS, the Trinity River Authority periodically raises the rate it charges the user cities for these services; and WHEREAS, the Texas Water Development Board's Best Management Practices for Water Utilities discourages the inefficient use or waste of water; and WHEREAS, the Texas Water Development Board's Best Management Practices for Water Utilities encourages water conservation through the adoption of conservation pricing structures which include increasing unit pricing with increased consumption, base rates, and excess use rates; and WHEREAS, the City of Euless, Texas, finds it necessary to adjust the rates charged to the consumers and encourage water conservation; and WHEREAS, the City of Euless finds it necessary to provide for certain rules, regulations, policies and procedures requiring and regulating the use of reclaimed water. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Chapter 30, "Fees", Section 30-33, "Water and sewer fees and impact fees", Subsection (a), be amended to hereafter be and read as follows: Section 30-33. Water and sewer fees and impact fees. (a) Water: Fees for water or sprinkler meters and meter boxes shall be an amount equal to actual cost of materials and labor plus 15 percent. SECTION 2. Chapter 30, "Fees", Section 30-34, "Water deposits", Subsections (c), and (e) be amended to hereafter be and read as follows: Sec. 30-34. Water deposits. (c) Miscellaneous charges: Water source transfer fee $275.00 (each occurrence) Meter relocation $200.00 Meter box and/or lid Cost of materials and labor plus 15 percent. After hours service call $50.00 Same day service fee $25.00 48-hour water service $25.00 Repair of curb stop 5/8" or 3/4" meter size $55.00 Repair of curb stop other size meters Cost of materials and labor plus 15 percent. Fire hydrant meter $1,250 Inspection (water turned on for 24 hours for the purpose $10.00 of a home inspection) Tampering with meters $150.00 (additionally, criminal charges may be filed in accordance with Texas Penal Code statutes) Service initiation fee $15.00 Transfer fee $15.00 Ordinance No. 2231, Page 2 of 8 Recheck of meter read $10.00 All customers are allowed one recheck every six months at no charge; a charge will be assessed for all others unless the meter has been misread. Emergency cut-off by city personnel (broken pipes or No charge freeze damaged pipes) Cut-off for plumbing repairs No charge. The curbstop at the meter belongs to the city, all customers should have a working cutoff close to their house. Negligent damage to meter or any associated electronic Cost of materials device and labor plus 15 percent. e) Delinquent accounts: (1) If any month's charges are delinquent after 15 days, the water service of the user or customer will be subject to termination. (2) Delinquent commercial and multifamily utility accounts subject to delinquent turn off will be billed an additional security deposit not to exceed 30 percent of the average monthly billing or as deemed appropriate by the utility billing manager upon review of the utility account. Failure to return fire hydrant meter for reading $500.00 Home collection $20.00 Service charge to deliver delinquent tag $20.00 SECTION 3. Chapter 30, "Fees", Section 30-35, "Water and wastewater service", be amended to hereafter be and read in its entirety as follows: Ordinance No. 2231, Page 3 of 8 Section 30-35. Water and Wastewater service — monthly rates. The schedule of monthly rates and charges for water and wastewater services furnished or caused to be furnished by the City is as follows: Water service — Meter Charge. The monthly minimum charge shall be based on meter size as follows: METER SIZE (INCHES) MONTHLY CHARGE 5/8 — 3/4* $ 12.75 1 $ 14.90 1 1/2 $ 20.88 2 $ 34.59 3 $ 70.36 4 $ 124.04 5 $ 195.60 6 $ 279.09 *All residential living units and multi-family living units shall be billed a monthly base charge equivalent to the monthly charge for a 5/8-inch meter. Waterservice— Volume Charge per 1,000 gallons. The monthly volume charge for water service is as follows: (1) Residential. 0 — 2,000 gallons $ 4.07 per 1,000/gallons 3,000 — 8,000 gallons $ 5.00 per 1,000/gallons 9,000 — 15,000 gallons $ 5.57 per 1,000/gallons 16,000 — 35,000 gallons $ 6.10 per 1,000/gallons Over 35,000 gallons $ 6.70 per 1,000/gallons (2) Commercial, Industrial and Multi-family: Total consumption $5.33 per 1,000/gallons (3) Fire Hydrant and Gas Well Meters: Total consumption $10.59 per 1,000/gallons Irrigation service — Volume Charge per 1,000 gallons. The monthly volume charge for water service is as follows: (1) Residential, Commercial, Industrial and Multi-family.- 0 — 8,000 gallons $5.33 per 1,000/gallons 9,000 — 15,000 gallons $5.57 per 1,000/gallons 16,000 — 35,000 gallons $6.10 per 1,000/gallons Over 35,000 gallons $6.70 per 1,000/gallons Ordinance No. 2231, Page 4 of 8 (2) Supplemental Irrigation- Total consumption $10.59 per 1,000/gallons. Reclaimed water service—Volume Charge per 1,000 gallons. The monthly volume charge for water service is as follows: (1) Non-boosted: Total consumption $1.88 per 1,000/gallons (2) Boosted. 0 — 8,000 gallons $4.58 per 1,000/gallons 9,000 — 15,000 gallons $4.79 per 1,000/gallons 16,000 — 35,000 gallons $5.25 per 1,000/gallons Over 35,000 gallons $5.76 per 1,000/gallons (3) Construction and Gas Well Meters.- Total consumption $9.00 per 1,000/gallons Water service — Other. Water service for municipally owned property and buildings that are part of or connected to form a parcel of at least a minimum of 50 acres shall be $1.88 per 1,000 gallons. Wastewater Service — Residential. The wastewater service charge for residential customers shall be based on 90 percent of metered water. Wastewater service charges on 90 percent metered water shall not exceed 12,000 gallons per billing period per living unit. The monthly minimum per living unit shall be as follows: (1) Within corporate limits, $11.00, plus $4.29 per 1,000 gallons of 90 percent of metered water. (2) Outside corporate limits, $15.50, plus $4.29 per 1,000 gallons of 90 percent of metered water. Wastewater Service — Commercial and Industrial. Commercial and Industrial wastewater charges shall be based on 100 percent of metered water. The monthly minimum shall be as follows: (1) Within corporate limits, $11.00, plus $4.29 per 1,000 gallons of metered water. (2) Outside corporate limits, $15.50, plus $4.29 per 1,000 gallons of metered water. The following provisions apply to all commercial and industrial customers: (1) Customers who show proof that a significant portion of metered water does not enter the wastewater system shall not be billed for that portion that does not enter the wastewater system. Ordinance No. 2231, Page 5 of 8 (2) Monitored group class customers shall be billed according to section 86-51 of this Code. (3) Industrial cost recovery group customers shall be billed according to section 86-51 of this code plus the additional charges in section 86-52 as required. Wastewater service— Other. Wastewater service for all club houses, convention facilities, and restaurants on municipally owned property of a minimum of 50 acres shall be billed at the current city rate of $11.00 plus $4.29 per 1,000 gallons of metered water. The above rates are based upon total costs to the City to operate the system including, but not limited to, cost to purchase treated water from the Trinity River Authority of Texas, cost of wastewater treatment by the Trinity River Authority of Texas, and cost of distribution of water and collection of wastewater by the City. The minimum charge and/or volume charge may be adjusted by the City Council from time to time. Master deposit- Customers may place a master deposit with the City in the amount of twice the current residential deposit. This deposit will be held on file until the customer requests it be refunded. Customers must request service starts and disconnects in writing. All accounts will be charged the current service initiation fees. No master deposits are allowed on commercial accounts. SECTION 4. Chapter 30, "Fees", Section 30-37, "Monitored Group Class", be amended to hereafter be and read in its entirety as follows: Section 30-37. Monitored group class. Customer monthly service charge.................. $11.00 Volume charge per 1,000 gallons BOD........... $4.29 Strength charge, per pound of BOD................$0.08162 TSS per pound of suspended solids.................$0.12381 Monitoring charge.......................................$ 100% of cost to city SECTION 5. Chapter 86, "Utilities", Article II, "Water and Sanitary Sewer Systems", Division I, "Generally", Section 86-26, "Rules, regulations, policies and procedures", be amended to hereafter include 86-26 (e) to read as follows: Section 86-26. Rules, regulations, policies and procedures. Ordinance No. 2231, Page 6 of 8 (e) Property described in Section 86-26(d), which fail to comply with the requirements of the 86-26(d) will be billed for landscape irrigation use of potable water at the rate specified in Section 30-35 "Water and wastewater service-monthly rates", "Irrigation service", "Supplemental irrigation". SECTION 6 SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. SAVINGS CLAUSE. That applicable chapters of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 8. PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause of this ordinance shall be published in a newspaper of general circulation in the City of Euless, in compliance with the provisions of Article II, Section 12, of the Euless City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. SECTION 9. PENALTY FOR VIOLATION. It shall be a violation of this ordinance to conduct any activity or commence any use for which payment of a fee is required under Chapter 30 of the Code of Ordinances until such fee has been paid. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions," Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. Ordinance No. 2231, Page 7 of 8 SECTION 10. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and the rates adopted herein shall be effective with bill dates beginning on or after October 1, 2019, and as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND APPROVED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on September 10, 2019, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: L' da Martin, Mayor ATTEST: im utter, TRMC, CMC, City Secretary APPROVED AS TO FORM: I'( ()"e---- Wayne K. Olson City Attorney Ordinance No. 2231, Page 8 of 8 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford St, am star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account M I Ad Number Identification I PO Amount o s 6 De th 600565 0004377045 CITY OF EULESS ORDINANCE NO.2231 AN O ORDINANCE NO.2231 $54.68 1 9.00 Li Attention: Lindsay Wells THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR EULESS, TX 760393543 Before me, a Notary Public in and for said County and State,this day personally appeared VICTORIA CITY OF EULESS CITY OF EULESS RODELA, Bid and Legal Coordinator ORDINANCE NO.2231 ORDINANCE NO.2231 g A CODEORDINANCE ORDINANCESAMENDING NDII OF TTHE HE AN ORDINANCE AMENDING THE for the Star-Telegram,published by CITY OF EULESS, CHAPTER 30, CODE OF ORDINANCES OF THE the Star-Telegram, Inc. at Fort Worth, FEES", SECTION 30-33, WA- CITY ", EULESS,CHAPTER 30, g TER AND SEWER FEES AND "FEES", SECTION 30-33, "WA' in Tarrant County,Texas;and who, IMPACT FEES";SECTION 30-34, TER AND SEWER FEES AND "WATER DEPOSITS"; SECTION IMPACT FEES";SECTION 30-34, after being duly sworn,did depose 30-35, "WATER AND WASTE- WATER DEPOSITS"; SECTION WATER SERVICE—MONTHLY 30-35, "WATER AND WASTE- and say that the attached clipping of RATES"; SECTION 30-37, "MO- WATER SERVICE—MONTHLY an advertisement was published in NITORED GROUP CLASS"; AND RATES"; SECTION 30-37, "MO P CHAPTER 86, "UTILITIES", AR- NITORED GROUP CLASS"; AND the above named paper on the listed TICLE ll, "WATER AND SANI- CHAPTER 86, "UTILITIES", AR- TARY SEWER SYSTEMS", DIVI- TICLE II, "WATER AND SANI- dates: SIGN I, "GENERALLY", SEC- TARY SEWER SYSTEMS",DIVI- TION 86-26, "RULES, REGULA- SION I, "GENERALLY", SEC- TIONS, POLICIES AND PROCE- TION 86-26, "RULES, REGULA- DURES"; PROVIDING A TIONS, POLICIES AND PROCE- SEVERABILITY CLAUSE; PRO- DURES"; PROVIDING A VIDING A SAVINGS CLAUSE; SEVERABILITY CLAUSE; PRO- PROVIDING FOR PUBLICATION VIDING A SAVINGS CLAUSE; 2 Insertion(s) IN THE OFFICIAL NEWSPAPER; PROVIDING FOR PUBLICATION PROVIDING A PENALTY FOR VI- IN THE OFFICIAL NEWSPAPER; OLATIONS HEREOF; AND PRO- PROVIDING A PENALTY FOR VI- Published On: VIDING AN EFFECTIVE DATE. OLATIONS HEREOF; AND PRO- SECTION 8. VIDING AN EFFECTIVE DATE. September 12,2019,September PUBLICATION CLAUSE. The City SECTION 8. Secretary of the City of Euless PUBLICATION CLAUSE. The City13,2019 is hereby directed to publish in PUBLICATION of the City the official newspaper of the Secretary hereb directed to publish Euless in City of Euless, as required he the official newspaper of the Section 12 of Article II of the Charter of the City of Euless. City of Euless, as required by SECTION 9. Section 12 of Article II of the PENALTY FOR VIOLATION. It Charter of the City of Euless. shall be a violation of this ordi- SECTION 9. nance to conduct any activity or PENALTY FOR VIOLATION. It commence any use for which shall be a violation of this ordi- payment of a fee is required un- nance to conduct any activity or der Chapter 30 of the Code of commence any use for which Ordinances until such fee has payment of a fee is required un- been paid. Any person,firm,or der Chapter 30 of the Code of corporation violating any of the �..._.._.............. _. / terms and provisions of this or- Ordinances until such fee has dinance shall be deemed guilty been paid. Any person,firm,or of a misdemeanor, and upon corporation violating any of the conviction thereof shall be fined ' terms and provisions of this Or- ZZ" i accordance with Chapter 1, dinance shall be deemed guilty General Provisions,"Section 1- of a misdemeanor, and upon (Principal Clerk) 12, "General Penalty," Euless Code of Ordinances. Each such conviction thereof shall be fined violation shall be deemed a sep- in accordance with Chapter 1,"General Provisions,"Section 1- SUBSCRIBED AND SWORN TO AK 2 irate offense and shall pun- 12, "General Penalty," Euless ishable as such hereunder.r. Code of Ordinances. Each such BEFORE ME,THIS 13th day of SECTION 10. EFFECTIVE DATE. This ordinance violation shall be deemed a sep- aeptemberthe year of 2019 shall be in full force and effect arate offense and shall be pun- from and after its passage, as ishable as such hereunder. provided by the Euless City SECTION 10. Charter and the laws of the EFFECTIVE DATE. This ordinance ��� State of Texas. shall be in full force and effect PRESENTED AND PASSED ON from and after its passage, as FIRST AND FINAL READING at provided by the Euless City a regular meeting of the Euless Charter and the laws of the City Council on September 10, State of Texas. NotaryPUbIiC- 2019, by a vote of 7 ayes, 0 PRESENTED AND PASSED ON nays,and 0 abstentions. FIRST AND FINAL READING at — a regular meeting of the Euless o�?�`ya", AMANDA DAWN GRISHAM City Council on September 10, _:: 2019, by a vote of 7 ayes, o =* *=nays,and 0 abstentions. My Notary ID#132031326 ;�. �_ >g OF SE+° Expires May 30,2023 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!