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Ordinance 2003-38


ORDINANCE NO. 2003-38


AN ORDINANCE AMENDING THE BASTROP CITY CODE CHAPTER 11, UTILITIES AND SOLID WASTE, ARTICLE 11, CONCERNING WATER AND WASTEWATER RATES AND CHARGES AND BULK WATER SALES; AMENDINGAPPENDIX A, FEE SCHEDULE, ARTICLE 7.000 UTILITY RELATED FEES,REPEALING CONFLICTING PROVISONS; 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, and Appendix A: Fee Schedule Article 7.000 Utility Related Fees, as noted below.

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

PART 1: That Article 11, Section 11.200, "Water and Wastewater Rates and Charges" shall read as follows:

ARTICLE 11.200 WATER AND WASTEWATER RATES AND CHARGES

Sec. 11.204 Water Service Charges

a. Inside City Limits. The rates as provided for in the fee schedule found in the appendix of this code will be applicable to all sales or service of water within the corporate limits of the City of Bastrop.

b. Outside City Limits. The rates as provided for in the fee schedule found in the appendix of this code will be applicable to all sales or service of water outside the corporate limits of the City of Bastrop.

c. Customer Charge. The charge as provided for in the fee schedule found in the appendix of this code is applicable to each City of Bastrop active customer account on the City's water and/or wastewater system. Each active customer of the City shall have a monthly water and/or wastewater Customer Charge, as applicable, regardless of whether water is received during any specific billing cycle.

Sec.11.205 Water Connection Fees and Tapping Fees

Water connection fees and tapping fees shall be as shown in the fee schedule found in the appendix of this code.

Sec. 11.207 Separate Service

(a) All water services connected within the City's water system, with the exception of City approved fire protection systems and fire hydrants, shall be metered and billed to the appropriate customer.

(b) Each lot, building site, parcel, and/or tract shall be served by a separately metered water and sewer connection. Where determined appropriate by the City, separate water and sewer connections may be permitted for multiple buildings or units on a single lot, tract, or parcel. Where determined appropriate by the City, multiple buildings or units on a single lot, tract, or parcel, may be served by one or more master meters. Sub-metering of individual customers or units served by a master meter shall conform to all applicable State, federal and local rules and regulations.


PART 2: That Article 11, Section 11.200 be amended by adding a new Sec. 11.210 Bulk Water Sales, which shall read as follows:

Sec. 11.210 - Bulk Water Sales

(a) Water Sales. Bulk water purchases for construction, irrigation or other uses which involve hauling by vehicle or other containers will be billed in accordance with the water rates shown for a 2-inch water meter in Article 7.000 of the Appendix, unless otherwise noted herein. No bulk water will be sold for potable water purposes or for normal residential or commercial use. Tanks, vehicles and other apparatus used for bulk water conveyance must comply with all Federal, State and Local Regulations and must be approved for use in conveyance of water by the Director of the Water/Wastewater Department (Director).

(b) Bulk Meterinq and Meter Deposits., All metering devices for bulk water sale shall be furnished and installed at a location selected by the Director. Prior to installation of a meter, the bulk water purchaser shall establish a billing account with, and in a manner prescribed by the Utility Billing Office, of the City of Bastrop and shall provide a minimum deposit of $500.00 per bulk meter requested.

(c) Sales for Small Quantities and Short Durations. For small quantity/short duration purchases of bulk water (i.e., less than 1000 gallons or fewer than five (5)
consecutive or non-consecutive days), the Director may approve the purchase of bulk water for a fixed rate of $5.00 per 1000 gallons or a fraction thereof, payable upon delivery of water from the City. The Director shall determine the time, location and manner of providing water under this Section.

(d) Violation/Penalty. Persons or entities found to be in violation of this Article shall be subject to penalties as per Section 1.106 of this Code, as applicable and periodically amended.

PART 3: That Appendix A: of the Code, entitled Fee Schedule, Article 7.000 Utility Related Fees, shall read as follows:

ARTICLE 7.000 UTILITY RELATED FEES

Sec. 7.300 Water Service Charges


All residential and commercial structures shall be metered in accordance with the rules of the State of Texas' environmental and quality agency (currently the Texas Commission on Environmental Quality a/k/a "TCEQ"). Generally, each residential dwelling unit and each business entity shall be separately metered for purposes of water service from the City, unless otherwise approved by the City, in writing.

The following rates will be applicable to all sales or service of water by the City of Bastrop.

(a) Monthly Customer Charge for Customers Located Within City Limits. This charge applies to all active accounts regardless of whether any water is received by the customer during any specific monthly billing cycle, or portion thereof.

METER SIZE MONTHLY CUSTOMER CHARGE
3/4" $ 15.00
1" $ 25.50
1 1/2" $ 43.00
2" $ 64.00
3" $120.00
4" $138.00
6" $358.00


(b) Water Charqe for Consumption by Customers Located Within City Limits: In addition to the base Monthly Customer Charge noted in (a) above, the following charges shall apply for all water consumed by customers located inside the corporate limits of the City of Bastrop, regardless of the size of meter used:

0- 3,000 gallons $1.40 per 1,000 gallons
3,001- 5,000 gallons $1.50 per 1,000 gallons
5,001-10,000 gallons $1.60 per 1,000 gallons
10,001-20,000 gallons $1.70 per 1,000 gallons
20,001-50,000 gallons $1.85 per 1,000 gallons
over 50,001 gallons $1.95 per 1,000 gallons

(c) Monthly Customer Charge for Customers Located Outside City Limits. This charge applies to all active accounts regardless of whether any water is received by the customer during any specific monthly billing cycle, or portion thereof.

Meter Size Monthly Customer Charge
3/4" $ 22.50
1" $ 38.25
1 1/2" $ 64.50
2" $ 96.00
3" $180.00
4" $274.50
6" $537.00

(d) Water Charge for Consumption by Customers Located Outside City Limits: In addition to the base Monthly Customer Charge noted in (c) above, the following charges shall apply for all water consumed by customers located outside the corporate limits of the City of Bastrop, regardless of the size of meter used:

0- 3,000 gallons $2.10 per 1, 000 gallons
3,001- 5,000 gallons $2.25 per 1,000 gallons
5,001-10,000 gallons $2.40 per 1,000 gallons
10,001-20,000 gallons $2.55 per 1,000 gallons
20,001-50,000 gallons $2.78 per 1,000 gallons
over 50,001 gallons $2.93 per 1,000 gallons

Sec. 7.400 Water Connection Fees and Tapping Fees

(a) Inside City Limits.

3/4" $ 300.00
1" $ 400.00
1 1/2" $ 800.00
2" $1,950.00
3" $2,450.00
4" $3,450.00

All service connections larger than 4" and all non-routine service connections shall be billed at actual cost plus twenty-five (25) percent.

(b) Outside City Limits.

3/4" $ 400.00
1" $ 500.00
1 1/2" $ 900.00
2" $2,050.00
3" $2,550.00
4" $3,550.00

All service connections larger than 4" and all non-routine service connections shall be billed at actual cost plus twenty-five (25) percent.

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 during the first billing cycle after the expiration of thirty (30) days following the date when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.

READ and APPROVED on First Reading on the 28th day of October, 2003.
READ and ADOPTED on Second Reading on the 11th day of November 2003.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:
City Secretary Teresa Miertschin's signature.

Teresa Miertschin, City Secretary

APPROVED AS TO FORM:
Jo-Christy Brown
Brown & Carls, LLP
City Attorney

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