Ordinance 2005-21

AN ORDINANCE AMENDING THE BASTROP CITY CODE OF ORDINANCES
CHAPTER 11, UTILITIES AND SOLID WASTE, ARTICLE 11.200, SECTION 11.202
CONCERNING WATER AND WASTEWATER RATES BY ADDING A NEW
SECTION; AMENDING APPENDIX A: FEE SCHEDULE, ARTICLE 7.000, BY
ADDING SECTIONS 7.110 "ANNUAL LICENSE FEES" AND 7.120 "WASTEWATER
TREATMENT PLANT SEPTIC UNLOADING FEES"; REPEALING CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR
VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Bastrop, Texas has determined that in order to properly provide utility and solid waste service within the City it is necessary to amend the City Code of Ordinances, Article 11.200 "Water and Wastewater Rates and Charges" by adding a new section to be entitled Section 11.211 "Acceptance and Treatment of Wastes from On-Site Sewage Facilities or Septic Systems", and adding two new sections to Appendix A: Fee Schedule, Article 7.000 "Utility Related Fees" to be entitled Section 7.110 "Annual License Fees" and Section 7.120 "Wastewater Treatment Plant Septic Unloading Fees," as noted below.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:

PART 1: That Article 11.200, "Water and Wastewater Rates and Charges," is hereby amended by adding the following Section 11.211 "Acceptance and Treatment of Wastes from On-Site Sewage Facilities or Septic Systems" as follows:

ARTICLE 11.200 WATER AND WASTEWATER RATES AND CHARGES

Sec. 11.211 Acceptance and Treatment of Wastes from On-Site Sewage Facilities or Septic Systems.

(a) The City of Bastrop will accept and treat, in accordance with all regulatory requirements, wastes from chemical portable toilets, on-site sewage facilities or septic systems and will charge certain fees.

(b) The City of Bastrop will accept and treat such wastes that are delivered to City of Bastrop facilities by approved haulers and contractors.

(c) For approval, haulers and contractors shall demonstrate compliance with Texas Commission on Environmental Quality licensing, City of Bastrop insurance requirements and other qualifications required by the Director of Water and Wastewater.

(d) Approved haulers and contractors shall be charged an annual license fee for each vehicle, tank or transport that will be used to deliver wastes to the City. Payment of such license fees will coincide with the City's fiscal year. Such fee will be collected upon approval to deliver wastes to the City and prior to any delivery. The first annual license fee paid by the hauler shall be pro-rated to the remaining portion of the year by dividing the annual license fee by twelve (12) and multiplying by the months, or portion thereof remaining in the City's fiscal year. Annual license fees thereafter will be due no later than the first day of the City's fiscal year and shall expire on the last day of the City's fiscal year. No portion of the annual license fee shall be refundable. The annual license fee shall be as set forth in this code at Appendix A, Article 7.000 "Utility Related Fees." Section 7.110 "Annual License Fees."

(e) Approved haulers and contractors will be charged certain fees for the acceptance and treatment of wastes based upon quantity delivered. A schedule of those fees is set forth in this code at Appendix A, Article 7.000 "Utility Related Fees." Section 7.120 "Wastewater Treatment Plant Septic Unloading Fees."

(f)The Director of Water and Wastewater shall develop, maintain, distribute and enforce rules and procedures to be followed in the acceptance and treatment of such wastes, including the prohibition of certain wastes. The Director shall have the authority to suspend or reject waste haulings when acceptance of such wastes, either by quantity, chemical quality or for any other reason would be detrimental to the City's wastewater treatment equipment or processes. Such rules and procedures shall not be in conflict with this Section.

(g)By order of the Director, a hauler or contractor may be prohibited from delivery of wastes to the City for failure to comply with the provisions of this Ordinance and rules established by the Director, including failure to pay fees and charges.

PART 2: That Appendix A, Article 7.000 "Utility Related Fees." Section 7.110 "Annual License Fees." shall be added as follows:

SECTION 7.110 Annual License Fees.

Vehicles, Transport or Tanks Capable of Containing:	Proposed Fee

from 0 to 500 • gallons:	$75
from 501 to 1500 gallons:	$125
from 1501 to 2500 gallons:	$150
from 2501 to 3500 gallons:	$175
from 3501 and greater:	$250

PART 3: That Appendix A, Article 7.000 "Utility Related Fees." Section 7.120 "Wastewater Treatment Plant Septic Unloading Fees." shall be added as follows:

Section 7.120 Wastewater Treatment Plant Septic Unloading Fees

GALLONS	PROPOSED RATES
0 - 1,000	$35.00 (Minimum fee)
1,000 - 1,500	$52.50
1,500 - 2,000	$70.00
2,000 - 2,500	$87.50
2,500 - 3,000	$105.00
3,000 - 3,500	$122.50
3,500 - 4,000	$140.00
4,000 - 4,500	$157.50
4,500 - 5,000	$175.00
5,000 - 5,500	$192.50
5,500 - 6,000	$210.00
6,000 - 6,500	$227.50
6,500 - 7,000	$245.00
7,000 - 7,500	$262.50
7,500 - 8,000	$280.00
8,000 - 8,500	$297.50
8,500 - 9,000	$315.00
9,000 - 9,500	$332.50
9,500 - 10,000	$350.00

PART 4: If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable.

PART 5: The changes noted in this Ordinance shall become effective upon satisfaction of applicable publication requirements, if any, in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.

READ and ACKNOWLEDGED on First Reading on the 26th day of April 2005.
READ and ADOPTED on Second Reading on the 10th day of May 2005.

APPROVED:

Tom Scott, Mayor