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ORD 655 10/26/2004 ORDINANCE NUMBER 655 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 615 COMPREHENSIVE WATER ORDINANCES AND DEMAND MANAGEMENT PLAN, BY AMENDING ADDEDUM/ATTACHMENT 1; PROVDING THAT THIS ORDIANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS FOR 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 WHEREAS, the City of Cibolo adopted Ordinance No. 615 (Comprehensive Water Ordinance and Demand Management Plan) declaring the water rates and demand management plan 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 amendments incorporated in Section 3 herein are hereby adopted by the City council of the City of Cibolo, Texas, and amend Ordinance No. 615. SECTION 3 That Ordinance No. 615 shall be amended by amending addendum/attachment 1 as following: ADDENDUM/ATTACHMENT 1: RATES AND CHARGES: Following are the rates and charges for services furnished by the City of Cibolo's Water Department. (Amended October 26, 2004 — Effective for November 15, 2004 billing cycle,new rates to be paid for the first time on January 1, 2005). RESIDENTIAL WATER RATES MONTHLY BILLING First 1,200 gallons $ 9.00 Base Rate Between 1,200 and 3,000 gallons $15.50 Base Rate 3,001 to 12,000 additional $ 2.75 per 1,000 gal 12,001 to 20,000 additional $ 4.00 per 1,000 gal 20,001 to 30,000 additional $ 6.00 per 1,000 gal 30,001 to 50,000 additional $10.00 per 1,000 gal 50,001 + additional $15.00 per 1,000 gal Water Acquisition Fee $ 4.00 per month COMMERCIAL WATER RATES First 3,000 gallons $24.00 3,001 to 15,000 additional $ 2.75 per 1,000 gal 15,001 and up additional $ 3.70 per 1,000 gal Water Acquisition Fee $ 4.00 per month METER CONNECT FEES Address where service already in existence $30.00 Residential where no service existed $60.00 (Line Tap) Commercial where no service existed $75.00 Industrial where no service existed $120.00 (Line Tap) Commercial where service existed $30.00 Industrial where service existed $30.00 HYDRANT METER FEES Meter Connect $ 50.00 Daily Rental $ 5.00 Water Rate First 3,000 gallons $ 24.00 Each 1,000 gal after $ 4.00 per 1,000 gal TRANSFER FEES Move within City $30.00 DEPOSITS Hydrant Meter $400.00 Residential Service $40.00 Commercial Service Two months estimated use Industrial Service Two months estimated use Garbage Only Pre-pay one month DEPOSIT REFUNDS Deposits will be refunded after two years service with no disconnects, no returned checks and not more than two (2) late fees charged. If there is a disconnect, returned check or more than two late fees during that time, the two-year period will begin again from that date. All of these fees and charges are in addition to impact fees charged for new service and platting in the City of Cibolo. BAD CHECK POLICY The City of Cibolo shall collect a twenty-five dollar ($25.00) administrative charge for each time a check issued to the City of Cibolo is returned for non-payment by the bank. Any person, account, or household that has had two checks returned to the City of Cibolo for non-payment shall lose the privilege of paying debts to the City of Cibolo with a check and shall be "Cash Only". For purposes of this ordinance, "Cash Only" shall mean payment by currency, CASHIER'S CHECK,money order or bank certified check. SECTION 4 CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions 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 the publication of the fees twice in the newspaper of record AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of 5 for to 0 against this 26th day of October, 2004. SIGNED: /ILIA(Charles Ruppert, Mayor ATTEST: 41 e Griffin Ci Secrertary