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ORD 996 10/25/2011 Of c7� ots4 , I * yfryN/%IHIHI H I i1115 j1 "OW of-Choice" ORDINANCE NUMBER 996 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 615, AS AMENDED BY AMENDING SECTION 6 FEES, RATES, AND BILLING PROCEDURES PARAGRAPH (a), (d), (e) AND ADDING PARAGRAPH (h) and PARAGRAPH (i); PROVIDING FOR INCORPORATION; PROVIDING FOR ADOPTION; THERETO; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE E 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, Texas 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 WHEREAS, the City of Cibolo, Texas is governed by a Home Rule Charter that was approved by the Citizens of Cibolo in a duly called election held on September 11, 2004; and WHEREAS, the City of Cibolo wishes to improve the procedure for the disconnection of service for non-payment on accounts; and WHEREAS, the City of Cibolo wishes to minimize the occurrence of manual re-readsof meters and replacement of meter batteries. 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. SECTON 2 ADOPTION That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the City Council of the City of Cibolo, Texas, and amend Ordinance No. 770. SECTION 3 AMENDMENTS That SECTION 6 FEES, RATES, AND BILLING PROCEDURES, PARAGRAPHS (a), (d), and(e) shall be amended to read as follows: "(a) Each customer upon making application shall pay a nonrefundable account setup fee and shall provide a refundable deposit as specified in this chapter. If a prospective customer is indebted to the city for water, sewer, or garbage service, service at the new residence or place of business will not be provided until the outstanding indebtedness is satisfied. Residential and commercial water bills will be forwarded no later than the first workday of each month. Bills will consist of a minimum charge for 3,000 gallons and a per 1,000-gallon charge for usage above the minimum charge. Residential customers who use less than 1,200 gallons in any one month will qualify for a discounted special rate for that month." "(d) All charges for utility services furnished or rendered by the City and/or contractors franchised by such city for which the city is the billing agent shall be due and payable on the 15th day of each month at the municipal offices of the City. Bills not paid by the close of business of the 15th day of the month will incur a penalty as provided for in attached utility fee schedule. Checks issued in payment of utility services that are returned by banking institutions for reasons of insufficient funds will incur an administrative fee as provided for in attached utility fee schedule. Any customer that has two returned checks, for whatever reason, during a calendar year(from January 1 to December 31) will be placed on a cash-only basis. They will be required to pay their bill with cash, certified check, cashier's check or money order only. Said cash-only status may be changed back to a regular account status after two years from the date of the second returned check at the discretion of the city manager, or his designee." "(e) Any customer who has not paid his/her account by noon on the 25th day of the month in which billed shall have his/her water service disconnected and an administrative fee will be charged as provided for in attached utility fee schedule. It is further provided that all delinquent accounts shall be notified by mail at least five (5) days in advance of service being discontinued. Services will not be resumed until the total amount due the City has been paid in full. Circumstances that result in an unfair penalty charge may be evaluated by the City Manager, or his/her designee. When the 25th day falls on a Friday, the weekend, or a recognized holiday, service will be discontinued and applicable fees charged on the first business day following the weekend or holiday. Extension of payment date beyond the twenty-fifth (25th) day of the month in which billed, in order to avoid termination of service as set forth above, may be granted upon request by the customer at the discretion of the City Manger, or his/her designee, as to whether to grant or deny the request of extension of payment period. No more than two (2) extensions may be granted within a calendar year(from January 1 to December 31)." That SECTION 6 FEES, RATES, AND BILLING PROCEDURES, PARAGRAPH (h) shall be added to read as follows: "(h) When the customer finds it necessary to question his/her water usage due to high or unexpected consumption, a customer may request a meter re-read, meter calibration, and/or an analysis of his/her water consumption (datalog), by making the request of the utility billing office. A first request for a meter re-read, or calibration made by a customer will be performed at no charge to the customer once in a 12-month period. For subsequent requests, if a meter re- read or calibration is performed, and the meter reading is found to be inaccurate, the customer account will not be charged. Otherwise, an administrative fee as provided for in attached utility fee schedule will be charged against the customer account (plus any third party charges if customer requests a third-party calibration). Additionally, a first request for a datalog report made by a customer will be processed at no charge once in a 12-month period, any additional requests made in the 12-month period will be assessed an administrative fee as provided for in attached utility fee schedule unless the report is requested by city staff." That SECTION 6 FEES, RATES, AND BILLING PROCEDURES, PARAGRAPH (i) shall be added to read as follows: "(i) Most residential water connections include a "cut-off" valve on the customer side of the line to interrupt the flow of water as may be necessary to facilitate plumbing repairs or other similar work. When a customer requests city staff to complete this process, a first request will be handled at no charge with instruction given to the customer on how to locate and complete this task in the future. Any additional requests will be assessed an administrative fee as provided for in attached utility fee schedule." 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 privilege 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 after being twice published in the City's paper of record. AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of Li for to dL against this 25th day of October, 2011. SIGNED: 1 )._ fgk •--(aidYfrat, ATTES • Jenni*Hartman, Mayor Peggy Cimics, City Secretary UTILITY FEE SCHEDULE ACCOUNT SET UP FEE: $ 30.00 WATER RATES: Monthly Billing Rate RESIDENTIAL RATES: 1,200 gallons or less (special rate) $ 10.50 Special 1,201 to 3,000 gallons $ 21.00 Base Rate 3,001 to 7,000 additional $ 4.30 per 1,000 gallons 7,001 to 12,000 additional $ 5.37 per 1,000 gallons 12,001 to 15,000 additional $ 6.45 per 1,000 gallons 15,001 to 20,000 additional $ 7.52 per 1,000 gallons 20,001 to 30,000 additional $ 9.24 per 1,000 gallons 30,001 to 50,000 additional $ 16.11 per 1,000 gallons Over 50,000 additional $ 23.63 per 1,000 gallons COMMERCIAL/HYDRANT METER RATES: First 3,000 gallons $ 28.00 Base Rate 3,001 to 15,000 additional $ 5.37 per 1,000 gallons 15,001 &up additional $ 9.67 per 1,000 gallons WATER ACQUISITION FEE: $ 4.00 per account WASTEWATER RATES: Monthly Billing Rate RESIDENTIAL RATES: (based on average water use as calculated during City's winter averaging period.) First 3,000 gallons of water used $ 13.00 Base Rate 3,001 +gallons of water used additional $ 3.83 per 1,000 gallons COMMERCIAL RATES: First 3,000 gallons of water used $ 16.00 Base Rate 3,001 +gallons of water used additional $ 3.83 per 1,000 gallons LATE PENALTY (paid after the 15th day of the month): $ 10.00 ACCOUNT TRANSFER FEE: $ 30.00 ADMINISTRATIVE FEE: $ 25.00 Returned checks,meter re-reads,datalog reports(after the first one),special customer requests HYDRANT METER DAILY RENTAL FEE: $ 7.50 per day SECURITY DEPOSITS: Residential $ 60.00 Commercial/Industrial Two months estimated use Garbage only accounts Two months prepayment Hydrant Meters $ 650.00 Commercial Rolloff Dumpsters $ 800.00 METER INSTALLATION AND TAP FEES: INSTALLATION: 5/8"Meter to 1-1/2"Meter $ 60.00+meter size* 2"Meter to less than 4"Meter $ 75.00+meter size* 4"Meter and larger $ 120.00+meter size* Hydrant Meter $ 50.00 WATER TAPS: Water Impact Fee (if applicable): $2,276.94 Short Service(main on same side of the street): $1,005.00+meter size* Long Service(main not on same side of the street): $1,948.00+meter size* WASTEWATER TAPS: Wastewater Impact Fee (if applicable): $ 747.19 CCMA fee $1,800.00+ $15.00 admin fee 5 ft deep or less $1,373.00 Each additional foot over 5 feet $ 375.00 per foot *Meter size: 5/8"Meter $ 210.00 1"Meter $ 317.00 1-1/2"Meter $ 493.00 2"Meter $ 604.00 3"Meter and larger Cost+ 10%