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ORD 836 03/25/2008 ORDINANCE NUMBER 836 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 615 COMPREHENSIVE WATER ORDINANCES AND DEMAND MANAGEMENT PLAN, BY AMENDING ADDENDUM/ATTACHMENT 1 AND ALL OTHER AMENDMENTS THERETO; PROVDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and ordinance WHEREAS, in recognition of the need to conduct a more comprehensive update of its current water rates using generally accepted methodologies, the City of Cibolo authorized McLain Decision Support Systems to conduct a water rate study; and WHEREAS, this study of water rates and costs of water service was completed on March 17, 2008 to determine appropriate rates, rate levels, and rate structures for the City's water utility operations and to enable the City to continue its water utility operations on a financially sound basis; and. WHEREAS, the City of Cibolo adopted Ordinance No. 615 (Comprehensive Water Ordinance and Demand Management Plan) and said Ordinance No. 615 has been amended from time to time, declaring the water rates and demand management plan NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO TEXAS: SECTION 1 That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTION 2 That Ordinance No. 615 shall be amended by amending the residential water rates, commercial water rates, residential wastewater rates, and commercial wastewater rates in Addendum/Attachment 1 as follows: ADDENDUM/ATTACHMENT 1: RATES AND CHARGES: Following are the rates and charges for services furnished by the City of Cibolo's Utility Department. (Amended March 25, 2008 — Effective for May 15, 2008 billing cycle, new rates to be paid for the first time on June 1, 2008). RESIDENTIAL WATER RATES MONTHLY BILLING First 1,200 gallons $10.00 Base Rate Between 1,200 and 3,000 gallons $19.00 Base Rate 3,001 to 12,000 additional $ 2.90 per 1,000 gal 12,001 to 20,000 additional $ 4.12 per 1,000 gal 20,001 to 30,000 additional $ 6.25 per 1,000 gal 30,001 to 50,000 additional $10.30 per 1,000 gal 50,001 and over additional $15.45 per 1,000 gal Water Acquisition Fee $4.00 per month COMMERCIAL WATER RATES MONTHLY BILLING First 3,000 gallons $26.00 3,001 to 15,000 additional $ 2.90 per 1,000 gal 15,001 and over additional $ 6.25 per 1,000 gal Water Acquisition Fee $4.00 per month RESIDENTIAL WASTEWATER RATES MONTHLY BILLING First 3,000 gallons of water used $11.00 Base Rate 3,001+ gallons of water used additional $ 2.25 per 1,000 gallons For new residential customers receiving wastewater service, monthly billing shall be based upon the average water use per residential account calculated during the City's winter averaging period,until the next sewer averaging period. COMMERCIAL WASTEWATER RATES MONTHLY BILLING First 3,000 gallons of water used $13.00 Base Rate 3,001+ gallons of water used additional $ 1.90 per 1,000 gallons SECTION 4 CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinance, in which event the conflicting provisions of such Ordinance are hereby repealed. SECTION 5 SEVERABILITY That it is hereby declared to be the intention of the City Council of the City of Cibolo that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinances, since the same would have been enacted by the City Council without incorporation in this ordinance of any such unconstitutional phrases, clause, sentence, paragraph or section. SECTION 6 SAVINGS That all rights and privilegeS of the City of Cibolo are expressly saved as to any and all violations of the provision of any Ordinances affecting the water rates, which have accrued at the time of the effective date of this Ordinances; and, as to such accrued at the time of the effective date of this Ordinance; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7 EFFECTIVE DATE That this Ordinance shall be effective upon the approval of the City Council of the City of Cibolo, Texas and the publication of the fees twice in the newspaper of record AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of 7 for to m against this 25th day of March, 2008. SIGNED: nnifer$ an, ayor er ATTEST: Peggy Cimics, City Secretary