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Ordinance 2005-13


ORDINANCE NO. 2005-13


AN ORDINANCE AMENDING THE BASTROP CITY CODE CHAPTER 11,
UTILITIES AND SOLID WASTE, ARTICLE 11.200, SECTION 11.202
CONCERNING WATER AND WASTEWATER RATES; AMENDING APPENDIX A,FEE SCHEDULE, ARTICLE 7.000, SECTION 7.100 WASTEWATER SERVICE CHARGE; 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, Section 11.202(b)(1) "Wastewater Service Charge", and Appendix A: Fee Schedule Article 7.000, Section 7.100 Wastewater Service Charge, 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," Section 11.202(a) and (b), shall read as follows:

ARTICLE 11.200 WATER AND WASTEWATER RATES AND CHARGES

Sec. 11.202 Wastewater Service Charge

(a) Applicability of Wastewater Service Charges. The rates as provided for in the fee schedule found in the appendix of this code are applicable to residential, multi-family and commercial retail water and/or wastewater customers within the corporate limits of the City of Bastrop. These rates are not applicable to customers who receive water services from the city for septic systems or have a water meter for irrigation purposes only without hook-ups to plumbing fixtures.

(b) Method of Computing Averaqe Monthly Water Use.

(1) Wastewater bills for residential and commercial wastewater customers shall be computed on the basis of the average monthly water usage ("winter water average") for the bills due and payable in January, February and March. In the event that the monthly water usage for any month during the period of March through December, inclusively, is less than the computed "winter water average," the lesser of the two shall be used as the basis for calculation of the wastewater bill.

(i) If a customer can show that anomalous condition beyond the control of the customer results in the current average being at least fifty thousand (50,000) gallons greater than the average of the year immediately preceding, the City Manager or his designee is authorized to adjust the monthly charge to a fair and equitable amount.

(2) Wastewater bills for multi-family customers with more than two residential dwelling units served by a water meter will be computed on the basis of a monthly minimum sewer charge per unit plus the consumption charge for the "winter water average" in excess of the number of units times 3,000 gallons.

(3)Charges based on average monthly use will be billed each month throughout the year.

(4) When residential accounts do not have an acceptable history of winter water use, charges for the period of March through November shall be billed on the current month's water usage or seven thousand (7,000) gallons per month, whichever is less.

(5) Where accounts other than residential do not have an acceptable history of winter water use, charges for the period of March through November shall be based on the actual monthly water use.

(c) No changes necessary at this time.

PART 2: That Article 11.200, Section 11.204 shall read as follows:

Section 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. These rates are not applicable to customers that receive only wastewater services from the city.

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. These rates are not applicable to customers that receive only wastewater services from the city.

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.

PART 3: That Appendix A: of the Code, entitled Fee Schedule, Article 7.000 Utility Related Fees, Section 7.100 Wastewater Service Charge shall read as follows:

ARTICLE 7.000 UTILITY RELATED FEES

Sec. 7.100 Wastewater Service Charge

These rates are applicable to all city residential, multi-family and commercial retail water and/or wastewater customers within the corporate limits of the City of Bastrop who have metered water connections and to all city water customers within the corporate limits to whom City of Bastrop sanitary sewer service has actually been connected, except for customers who have a septic system or customers who have a water meter for irrigation use only, as long as the irrigation meter does not provide water to plumbing fixtures.

Average Monthly Water Use Charge Proposed
First 3,000 gallons Minimum charge $13.25 per month $14.58
3,000-5,000 gallons $1.20 per 1,000 gallons $1.32
5,001-10,000 gallons $1.35 per 1,000 gallons $1.49
10,001-20,000 gallons $1.45 per 1,000 gallons $1.60
20,001-50,000 gallons $1.55 per 1,000 gallons $1.71
50,001 + gallons $1.70 per 1,000 gallons $1.87

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 ACKNOWLEDGED on First Reading on the 8th day of March 2005.
READ and ADOPTED on Second Reading on the 22nd day of March 2005.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:

City Secretary's signature, Teresa Valdez.
Teresa Valdez, City Secretary

Approved as to Form:
Jo-Christy Brown
Brown Carls, LLP
City Attorney

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